CONSTITUTIONAL
LAW 1
PRELIMINARY
CONCEPTS
I.
INTRODUCTION: THE
CONSTITUTION,
CONSTITUTIONALISM
AN
D
CONSTITUTIONAL
LAW
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A.
Political
Law
1.
Definition:
branch of
public law which deals with the organization and
operation of
the government organs of the state and defines
the relations
of the state with the inhabitants of its territory.(Sinco, Phil
Political Law 1, 11th ed., 1962)
2. Scope of
Political Law (Sinco)
law of
public administration
-
deals with the
organization and
management
of the different branches of the government,
constitutional
law
–
deals with
the guaranties of the constitution
to
individual rights and the limitations on governmental
action
administrative
law
–
deals with
the exe
rcise of
executive power
in the
making of rules and the decision of questions
affecting
private rights and
the law of
public corporations
–
deals with
governmental
agencies for
local government or for other special purposes.
B. Constitutional Law
1. Definition
* As
understood in American and Philippine Jurisprudence,
a term used to
designate the law embodied in the constitution
and the
legal principles growing out of the interpretation and
application
made by courts of the provisions of
the
constitution
in specific
cases.
xxx
* A distinct
branch of jurisprudence dealing w/ the legal
principles
affecting the nature, adoption, amendment, and
operation of
the constitution. (Sinco 67.)
C. Constitution
1.
Definition
* Tanada and
Fernando: "a written instr
ument
organizing the
government,
distributing its powers and safeguarding the
rights of
the People."
* Malcolm
and Laurel: "the written instrument by which the
fundamental
powers of government are established, limited
and defined,
and by which those power
s are
distributed
among the
several departments for their safe and useful
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II. THE 1987
CONSTITUTION
A. Basis of
Aquino Government
1.
Proclamation No. 1, 25 February 1986.
* announced
the Provisional Constit
ution
* seemed to
suggest that it was a revolutionary government,
since it an
nounced that
the "new government was installed,
through a
direct exercise of the power of the Filipino people
assisted by
units of the New Armed Forces," referring to the
EDSA re
volution.
2.
Proclamation No. 3, March 25, 1986
* adopted
the Provisional Constitution or Freedom Consti
-
tution
* abrogated
the legislative provisions of the 1973 Constitution,
modified the
provisions regarding the executive department,
and totally
r
eorganized
the government.
* provided
for the calling of a Constitu
tional
Commission,
composed of
30 to 50 members appointed by the President
within 60
days.
* Contents
of Provisional Constitution:
·
Art I
–
Adoption of
certain provision of the 1973
Const
itution as
amended
·
Art II
–
on the
President, Vice President and Cabinet
·
Government
reorganization promoting economy,
efficiency
and the eradication of graft and corruption
·
Existing
laws, treaties and contracts shall remain
operative
until amended, modifie
d or
repealed
·
Art V
–
Adoption of
a new Constitution (Constitutional
Commission)
·
Art VI
–
Holding of
Elections
·
Art VII
–
Effective
Date
3. Adoption
and Effectivity
a. Art. V.,
Provisional Constitution
ADOPTION OF
A NEW CONSTITUTION
Process
A Commissi
on shall be
appointed by the President
to draft a
new Constitution within 60 days
from the
date of this proclamation (Sec 1,
Proclamation
No. 3)
New
Constitution shall be presented by the
Commission
to the President (Sec 5,
Proclamation
No. 3)
The Presiden
t shall fix
the date for the holding of a
plebiscite
within 60 days following its
submission
to the President (Sec 5,
Proclamation
No. 3)
New
Constitution shall become valid and effective
upon
ratification by a majority of the votes cast
in such
plebiscite
(Sec 5,
Proclamation No. 3)
Composition
of Commission
Number: 30
-
50 members
Requirements
(Sec 1, Proclamation No 3)
Natural
-
born citizen
Of
recognized probity, known for their
independence,
nationalism and
patriotism
Chosen by
the President after consulta
tion
with various
sectors
b. 1987
Constitution, Art. XVIII, sec. 27.
EFFECTIVITY
*
This
Constitution shall take effect immediately upon its
ratification
by a majority of the votes cast in a
plebiscite
held for the purpose and shall supersede all
previ
ous
Constitutions.
*
Approved by
the Constitutional Commission of 1986
on the
twelfth day of October 1986
*
Accordingly
signed on the fifteenth day of October
1986 at the
Plenary Hall, National Government Center,
Quezon City,
by the Commissioners whose si
gnatures
are
hereunder affixed.
c.
Proclamation
No. 58, February 11, 1987
*
Proclaimed
the
ratification of the 1987 Constitution
B. CASE LAW:
Lawyer’s
League vs. Aquino
The
legitimacy of the Aquino government was being contested
The Court
ruled that the
legitimacy
of this government is a
non
-
justiciable
matter. “It is only the people of the
Philippines
who may be the judge of its legitimacy. Since
such
government is accepted by the people, it is not
merely a de
facto government but also a de jure
gover
nment.
Moreover, the community of nations has
recognized
its legitimacy”
In re:
Saturnino Bermudez
The
petitioner is asking for a declaratory relief and to explain
the
‘ambiguity’ in the proposed 1986 Constitution as to
who was
being referred to as Presi
dent and
Vice
-
President in
Art XVIII Sec 7.
The Court
ruled that they do not have original jurisdiction over
declaratory
reliefs
“There is
lack of personality to sue and such petition amounts
in effect to
a suit against the incumbent President... it is
equal
ly
elementary that incumbent Presidents are
immune from
suit or being brought to court during the
period of
their incumbency and tenure.
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