Constitutional Law and Governance in the Philippines

INTRODUCTION TO CONSTITUTIONAL LAW

  • Political Law: Concerns the organization and operations of governmental organs and their relationships with inhabitants.

    • Relevant Case: People v. Perfecto (G.R. No. L-18463, Oct. 4, 1922).

  • Constitutional Law: Explores the nature, establishment, construction, interpretation, and validity of constitutions.

    • Reference: Black, Constitutional Law (1969).

  • Constitution: A set of rules governing the exercise of sovereignty.

    • Reference: Cooley, Constitutional Limitations (1868).

  • Constitution of the Republic of the Philippines: Fundamental law of the state enacted by direct action of the people, defining the powers of government.

    • Relevant Reference: Malcolm, Philippine Constitutional Law (1926).

  • Date of Effectivity of the 1987 Constitution: February 2, 1987, established by plebiscite, not ratification.

STATE AND ITS ELEMENTS

  • State Definition: Community of persons occupying a definite territory, governed independently.

    • Source: De Leon (2019).

  • Elements of a State:

    1. People: Inhabitants of the state.

    2. Territory: Defined geographical area including land, waters, and airspace.

    3. Government: Agency through which state will is expressed.

    4. Sovereignty: Supreme power over territory; includes internal and external sovereignty.

    5. Recognition: Formal acknowledgment by other states.

INHERENT POWERS OF THE STATE

  1. Police Power:

    • Allows legislation that may interfere with personal liberty or property for public welfare.

      • Includes: (a) restraints on liberty/property, (b) promotion of common good.

    • Scope: Courts have stated it’s coextensive with self-protection (Ortigas and Co. v. CA, G.R. No. 126102, Dec. 4, 2000).

    • Validly delegated to:

      • President, Administrative Boards, and Municipal Boards.

  2. Eminent Domain:

    • Government's power to take private property for public use with just compensation (Sec. 9, Art. III, 1987 Constitution).

    • Requisites: Taking for public use, just compensation, private property taken, and due process.

    • Just Compensation: Fair market value at which willing buyers and sellers agree.

  3. Taxation:

    • Power to raise revenue; lifeblood of government.

      • Exercised by: Legislature, local bodies, and sometimes President.

    • Requisites for Valid Taxation:

    1. Public purpose.

    2. Uniform and equitable.

    3. Jurisdiction over taxed entity.

    4. Due process.

    5. Adheres to constitutional limits.

STATE VS. NATION

  • State: Political entity with defined territory and population.

  • Nation: Cultural or ethnic group characterized by shared identity.

TYPES OF GOVERNMENT

  1. Democracy: Power held by people through representatives.

    • Examples: USA, India.

  2. Republic: Elected officials govern under a constitution.

    • Examples: France, South Korea.

  3. Monarchy: Power held by royalty.

    • Absolute vs. Constitutional.

  4. Federalism: Power shared between national and regional governments.

    • Examples: USA, Germany.

  5. Authoritarianism: Centralized control, limited freedoms.

    • Example: North Korea.

  6. Theocracy: Governance based on religious laws.

    • Example: Iran.

  7. Communism: State ownership of resources.

    • Example: China.

  8. Anarchy: Absence of formal governance.

CONCEPT AND FUNCTION OF A CONSTITUTION

  • Broadly defined: Rules governing the powers of sovereignty.

    • Written (e.g., Philippine Constitution) vs Unwritten (e.g., UK Constitution).

  • Functions:

    1. Supreme law binding on all.

    2. Establishes governmental framework and principles.

    3. Protects individual rights.

TYPES OF CONSTITUTIONS

  1. By Origin: Enacted vs. Evolved.

  2. By Form: Written vs. Unwritten.

  3. By Amendment Process: Rigid vs. Flexible.

PHILIPPINE CONSTITUTIONS (Historical)

  • Biak-na-Bato Constitution (1897): First in history.

  • Malolos Constitution (1899): Sovereign, democratic republic.

  • 1935 Constitution: Presidential system adopted.

  • 1943 Constitution: Puppet government during Japanese occupation.

  • 1973 Constitution: Parliamentary system, martial law era.

  • 1986 Freedom Constitution: Temporary, post-EDSA restoration efforts.

  • 1987 Constitution: Presidential system enlivened with stronger civil liberties.

PREAMBLE OF THE 1987 CONSTITUTION

  • Declares intentions and ideals of Filipino people for a just society.

  • Implications: Origin, purpose, and aims for the Constitution's direction.

ARTICLE I - NATIONAL TERRITORY

  • National territory defined as including Philippine archipelago's waters and territorial sea.

    • maritime laws defined (exclusive economic zone, internal waters).

  • Archipelagic Doctrine: Archipelago’s waters are internal waters.

  • Territorial Sea: Extends 12 nautical miles.

ARTICLE II - DECLARATION OF PRINCIPLES AND STATE POLICIES

  • Grounds the constitution in people's sovereignty and democracy.

  • Outlines government responsibilities promoting democracy, peace, and justice.

ARTICLE III - BILL OF RIGHTS

  • Protects fundamental rights and freedoms against government infringement.

  • Key Rights Include:

    • Due process, freedom from unreasonable searches, communication privacy, freedom of speech, assembly, and religion.

    • Right to travel, access to information, and property protection.

    • Right against self-incrimination, rights during custodial investigation, and protection from double jeopardy.

ARTICLE IV - CITIZENSHIP

  • Defines who are citizens of the Philippines through birth, parentage, or naturalization.

  • Distinguish between natural-born and naturalized citizens.

  • Citizenship loss conditions outlined.

ARTICLE V - SUFFRAGE

  • Defines suffrage and honors voting rights of all eligible citizens.

  • Establishes regulations for voting processes, including absentee voting procedures.

ARTICLE VI - LEGISLATIVE DEPARTMENT

  • Composition and powers of the legislative body.

  • Explanation of the bicameral legislation: Senate and House of Representatives.

  • Procedures surrounding bills, appropriations, impeachment, and legislative sessions.

ARTICLE VII - EXECUTIVE DEPARTMENT

  • Responsibilities and powers of the President, including in legislative and military roles.

  • Powers Include: Control over executive branches and appointment powers.

  • Discusses presidential immunities and electoral conditions.

ARTICLE VIII - JUDICIAL DEPARTMENT

  • Judicial power resides in the Supreme Court and other inferior courts.

  • Responsibilities include law interpretation, conflict resolution, and rights protection.

  • Structure ensuring judicial independence and fiscal autonomy defined.

JUDICIAL REVIEW AND SEPARATION OF POWERS

  • Judicial Review: Courts ensure laws align with constitutional principles and protect rights.

  • Separation of Powers: Divides authority among branches to prevent abuse and maintain checks and balances.

Key Takeaways: Understanding the nature of constitutional law and recognized human rights, the historical context of the Philippines' constitutions, prescribed state functions, and the intricate balance of powers within government branches are pivotal elements in Philippine governance and civic education.