Constitutional Law Prelims Reviewer

CONSTITUTIONAL LAW 1. What is the purpose of the Constitutional Law book by Justice Cruz, according to him? - To inform the reader of the liberties he enjoys under the Bill of Rights and, by reminding him in Rizal’s words that “he who submits to tyranny loves it,” encourage him to assert and defend them when they are threatened or violated. 2. What is the true role of authority in a democratic society? - The exaltation of liberty 3. What is constitutional law? - Constitutional law is the study of the maintenance of the proper balance between authority as represented by the three inherent powers of the State and liberty as guaranteed by the Bill of Rights. 4. What are the fundamental powers of the state? - Police power, Power of Eminent Domain, Power of Taxation

5. Name some of the safeguards in the Bill of Rights? - The right to due process and equal protection, - the prohibition against unreasonable searches and seizures, - freedom of expression, - the impairment clause - the guarantees against injustice to the accused. 6. What are to common objectives and ultimate goal of the Powers of the State and the Bill of Right? - Co-existence is the common objective and a well-ordered society based on the inviolability of rights which although they may not be curtailed arbitrarily, may nevertheless be regulated for the common good is the ultimate goal. 7. What is the meaning of common weal? - A general state of well-being, prosperity, happiness 8. What is the definition of constitution? - According to Cooley: A body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised.

- According to Justice Malcolm: The written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic. 9. What is the purpose of the Constitution? - To prescribe the permanent framework of a system of government, to assign to several departments their respective powers and duties, and to establish certain first fixed principles on which government is founded. 10. What is the doctrine of Supremacy of the Constitution? - The Constitution is the basic and paramount law to which all other laws must conform and to which all persons, including the highest officials of the land, must defer. No act shall be valid, however noble its intentions, if it conflicts with the Constitution. It must ever remain supreme.

11. What are the different classifications of constitutions and explain each? a. Written Constitution: is one whose precepts are embodied in one document or set of documents. b. Unwritten Constitution: consists of rules which have not been integrated into a single, concrete form but are scattered in various sources, such as statutes of a fundamental character, judicial decisions, commentaries of publicists, customs and traditions and certain common law principles. c. Conventional Constitution: is an enacted constitution, formally “struck off” at a definite time and place following a conscious or deliberate effort taken by a constituent body or ruler. d. Cumulative Constitution: is the result of political evolution, not inaugurated at any specific time but changing by accretion rather than any systematic method. e. Rigid Constitution: is one that can be amended only by a formal and usually difficult process f. Flexible Constitution: is one that can be changed by ordinary legislation.

12. What is the classification of Constitution of the Philippines? - Ours is written, conventional and rigid.

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13. What are the essential qualities of the written constitution and explain each quality.  Broad – because it provides for the organization of the entire government and covers all persons and things within the territory of the State, to embody the past, to reflect the present and to anticipate the future.  Brief – must confine to basic principles to be implemented with legislative details more adjustable to change and easier to amend.  Clear –lest ambiguity in its provisions result in confusion and divisiveness among the people and perhaps even physical conflict.

14. What is the meaning of malleable? 1. able to be shaped and bent: describes a metal or other sub that can be shaped or bent without breaking 2. easily influenced: easily persuaded or influenced by others

15. What are the essential parts of the written constitution and explain each part? Constitution of liberty: setting forth the fundamental civil and political rights of the citizens and imposing limitations on the powers of governments as a means of securing the enjoyment of those rights. Constitution of Government: consists of series of provisions outlining the organization of the government, enumerating its powers, laying down certain rules relative to its administration and defining the electorate. Constitution of Sovereignty: consists of provisions pointing out the mode or procedure in accordance with which formal changes in the fundamental law may be brought about. 16. Explain the principle on the Permanence of the Constitution and its advantages and disadvantages. - It is the capacity to resist capricious or whimsical change dictated not by legitimate needs not only by passing fancies, temporary passions or occasional infatuations of the people with ideas or personalities.

- Advantage: Not likely to be easily tampered with to suit political expediency, personal ambitions or ill-advised agitation for change. - Disadvantage: Unable to adjust to the need for change justified by new conditions and circumstances. 17. How should the Constitution be interpreted? -It should be interpreted in such a way as to give effect to the intendment of the framers. 18. Should the Constitution be petrified or progressive? - The Constitution must change with the changing times lest it impede the progress of the people with antiquated rules grown ineffective in a modern age. 19. Differentiate a self-executing from a nonself-executing provision of the Constitution. Give examples.  Self-executing provision is a rule that by itself is directly or indirectly applicable without need of statutory implementation.

 Non-executing provision is one that remains dormant unless it is activated by legislative implementation. 20. Distinguish between amending the Constitution, revising the constitution and modifying the interpretation of the Constitution. Amendment means isolated or piecemeal change only Revision is a revamp or rewriting of the whole instrument Modification the interpretation by the courts of justice is done when the provisions of the constitution are ambiguously worded-perhaps deliberately so that judges may read out of them, in the light of altered conditions, meanings that at an earlier time were considered heretical. 21. Explain the procedures for the amendment or revision of the Constitution. a) Proposal: generally made either directly by the Congress or by a constitutional convention. If a mere amendment or change of particular provisions is intended, the proposal is better

made by direct legislative action. The vote of at least ¾ of all the members of the Congress shall be needed. But if what is envisioned is the overhaul of the entire Constitution, it will be advisable to entrust the task to a constitutional convention, which will have more time, opportunity and presumably also the needed expertise to discharge it. b) Ratification: The Constitution provides that any amendment to or revision shall be valid when ratified by a majority of the votes cast in a plebiscite held not earlier than sixty days nor later than ninety days after the approval of such change by the Congress or the constitutional convention or after the certification by the Commission on Elections of the sufficiency of the petition under Section2. 22. What are the 3 theories on the relative position of the constitutional convention vis-àvis the regular department of the government. Explain. a) Theory of Conventional Sovereignty: The constitutional convention is supreme over the other departments of the government because

the powers it exercises are in the nature of sovereign powers. b) The Constitutional Convention is inferior to the other departments of the government since it is merely a creation of the legislature. c) The Constitutional Convention, as long as it exists and confines itself within the sphere of its jurisdiction, it must be considered independent of and co-equal with the other departments of the government. 23. What are the requisites for a judicial inquiry into a constitutional question? Explain. 1. There must be an Actual Case: which involves a conflict of legal rights, an assertion of opposite legal claims susceptible of judicial adjudication. 2. The question of constitutionality must be raised by the proper party 3. The constitutional question must be raised at the earliest possible opportunity 4. The decision of the constitutional question must be necessary to the determination of the case itself.

24. Can and should the SC respond to a formal request for an advisory opinion involving a constitutional issue? Explain. A request for advisory opinion cannot come in the category of an actual case or controversy since the issue raised does not involve any conflict in law that has assumed the proportions of a full-blown dispute. The Court should only counsel and not to decide. 25. Who is the proper party in a judicial inquiry into a constitutional question? - A proper party is one who has sustained or is in immediate danger of sustaining an injury as a result of the act complained of. 26. When must a constitutional question be raised? What are the exceptions, if any? It must be raised at the earliest possible opportunity, such that if it is not raised in the pleadings, it cannot be considered at the trial and if not considered at the trial, it cannot be considered on appeal. Exceptions: a) in criminal cases, the constitutional question can be raised at any time in the discretion of the court

b) in civil cases, the constitutional question can be raised at any stage if it is necessary to the determination of the case itself c) in every case, except where there is estoppels, the constitutional question can be raised at any stage if it involves the jurisdiction of the court 27. What are the effects of a declaration by the SC that a particular law is unconstitutional? Orthodox view: an unconstitutional act is not a law, it confers no rights, it imposes no duties, it affords no protection, it creates no office, it is in legal contemplation, inoperative, as if it had not been passed. Modern View: the court in passing upon the question of constitutionality does not annul or repeal the statute if it finds it in conflict with the Constitution. It simply refuses to recognize it and determines the rights of the parties just as if such statute had no existence.

28. What are the fundamental powers of the State? Briefly explain each and explain what are their similarities, differences and limitations. Police Power: power of the State to regulate liberty and property for the promotion of the general welfare. Power of Eminent Domain: enables the State to forcibly acquire private property upon payment of just compensation for some intended public use. Power of Taxation: the State is able to demand from the members of the society their proportionate share or contribution in the maintenance of the government. Similarities: a. they are inherent in the State and may be exercised by without need of express constitutional grant b. they are not only necessary but indispensable. c. They are methods by which the State interferes with private rights d. They all presuppose an equivalent compensation for the private rights interfered with e. They are exercised primarily by the legislature

Differences: a. the PP regulates both liberty and property. PED and POT affect only property rights b. The PP and the POT may be exercised only by the government. PED may be exercised by some private entities. c. The property taken in the exercise of the police power is destroyed because it is noxious or intended for a noxious purpose. The property taken under the power of eminent domain and the power of taxation is intended for a public use or purpose and is therefore wholesome. d. The compensation of the person subjected to the police power is the intangible altruistic feeling that he has contributed to the general welfare. The compensation involved in the other powers is more concrete, to wit, a full and fair equivalent of the property expropriated or protection and public improvements for the taxes paid. Limitations: The exercise of these fundamental powers is subject at all times to the limitations and requirements of the Constitution and may in proper cases be annulled by the courts of justice.

29. What is the meaning of noxious? 1. physically harmful: harmful to life or health, especially by bein poisonous

2. morally harmful: likely to cause moral, spiritual, or social harm corruption 3. disgusting: very unpleasant a noxious smell 30. What is the definition of police power? - The power of promoting the public welfare by restraining and regulating the use of liberty and property. 31. Explain why police power is regarded as infinitely more important than eminent domain? PED affects not all of the people directly but only those whose property is needed for conversion to public use. PP regulates not only property but, more importantly, the liberty of private persons and virtually all the people. Thus, it is regarded as infinitely more important than eminent domain.

32. What is meaning of pervasive? present everywhere: spreading widely or present throughout something 33. What is the characteristic of police power? - is considered the most pervasive, the least limitable, and the most demanding of the three powers. 34. What is the justification of police power? - The justification of PP in found in the ancient latin maxims, salus populi est suprema lex and sic utere tuo ut alienum non laedus, which call for the subordination of individual benefit to the interests of the greater number. 35. Can the legislature curtail or restrict the scope of the police power of the State? Why or why not? The legislature cannot bargain away the police power of a State. Irrevocable grants of property and franchises may be made if they do not impair the supreme authority to make laws for the right government of the State. Thus, no legislature can curtail the power of its successors to make such laws as they may deem proper in matters of police.

36. Who can exercise police power? Explain your answer? - The exercise of the police power lies in the discretion of the legislative department. 37. Can the legislative department be compelled to exercise police power? Why or why not? The PP is lodged primarily in the national legislature. Given a police problem, it is entirely up to the legislature to decide whether or not, in the first place, it should act against the problem. If it does, well and good, but if it does not, it may not be compelled to do so by judicial process. No mandamus is available to coerce the exercise of the PP. 38. What are the tests to determine the validity of a police measure? Explain. a. the interests of the public generally, as distinguished from those of a particular class, require the exercise of the PP b. the means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals.

39. Is the enactment of the Bouncing Checks Law (or BP22) a valid exercise of police power? Why or why not? Yes, the enactment of Bouncing Checks Law is a valid exercise of the police power and is not repugnant to the constitutional inhibition against imprisonment for debt because the effects of the issuance of a worthless check transcends the private interests of the parties directly involved in the transaction and touches the interest of the community at large. The mischief it creates is not only a wrong to the payee or holder, but also an injury to the public. 40. What is the definition of eminent domain? - also called the power of expropriation. It is described as the highest and most exact idea of property remaining in the government that may be acquired for some public purpose through a method in the nature of a compulsory sale to the State. 41. What is the procedure in expropriating a property for public use? Explain. A private property can be expropriated when it is needed for conversion to some public use. The first thing obviously that the government should do is to

offer to buy it. If the owner is willing to sell and the parties can agree on the price and the other conditions of the sale, a voluntary transaction can then be concluded and the transfer effected without the necessity of judicial action. However, if the owner of the private property is unwilling to part with it, or, being willing, cannot agree to the conditions of the transfer, then it will be necessary for the government to use its coercive authority through power of eminent domain upon payment of just compensation. 42. Who may exercise the power of eminent domain? Explain. a) the congress b) the president of the Philippines c) the various local legislative bodies d) certain public corporations like the Land Authority and National Housing Authority e) quasi-public corporations like the Phil National Railways, the Phil Long Distance Telephone Co and the Meralco 43. Distinguish between eminent domain and destruction from necessity. Destruction of Necessity can validly be undertaken even by private individuals while in eminent domain, it is not allowed.

The right of necessity arises under the laws of society or society itself. It is the right of selfdefense, of self-preservation, whether applied to persons or to property. It is a private right vested in every individual and with which the right of the state or state necessity has nothing to do. The right of eminent domain is a public right; it arises from the laws of society and is vested in the state or its grantee, acting under the right and power of the state, or benefit of the state or those acting under it. 44. Can the courts look into and inquire on the necessity or wisdom of the exercise of the power of eminent domain in particular instances? Explain. Yes. The power of the legislature to confer, upon municipal corporations and other entities within the State, general authority to exercise the right of eminent domain cannot be questioned by courts, but whether or not the municipal corporation or entity is exercising the right in a particular case under the conditions imposed by the general authority, is a question which the courts have the right to inquire into.

45. Can a property already devoted to public use still be a subject or object of expropriation? Explain. Yes provided that it is done directly by the national legislature or under a specific grant of authority to the delegate. 46. Distinguish the nature of the properties to be affected in police power and in expropriation. The property subject of expropriation must be by its nature or condition wholesome, as it is intended to be devoted to a public use. It differs from property taken under the police power, which is sought to be destroyed because it is noxious or intended for a noxious purpose. 47. Is it possible to legally take private property for public purpose without paying just compensation. Explain. Yes. For instance, a building on the verge of collapse may be ordered demolished in the interest of public safety and the owner will not be entitled to payment for the loss he has sustained even if he has been completely deprived of his property. In this case, there is a valid exercise of police power

aimed at improving the general welfare, and whatever damages are sustained by the property owners are regarded as merely incidental to a proper exertion of such power. The only recompense available to the owners is the altruistic feeling that they have somehow, by their sacrifice, contributed to the well-being of the people in general. 48. What are the requisites of taking or private property in eminent domain? a) the expropriator must enter a private property b) the entry must be for more than a momentary period c) the entry must be under warrant or color of legal authority d) the property must be devoted to public use or otherwise informally appropriated or injuriously affected e) the utilization of the property for public use must be in such a way as to oust the owner and deprive him of beneficial enjoyment of the property 49. What is the meaning of inter alia? - among other things

50. What is just compensation? Just Compensation is described as a full and fair equivalent of the property taken from the private owner by the expropriator. 51. How is just compensation ascertained? Explain. To ascertain just compensation, the court should determine first the actual or basic value of the property. Where the entire property is not expropriated, there should be added to the basic value the owner’s consequential damages after deducting therefrom the consequential benefits arising from the expropriation. If the consequential benefits exceed the consequential damages, these items should be disregarded altogether as the basic value of the property should be paid in every case. 52. When can the title of the property expropriated be transferred? The title to the property shall not be transferred until after actual payment of just compensation is made to the owner.

53. What are taxes? Taxes are the enforced proportional contributions from persons and property, levied by the State by virtue of its sovereignty, for the support of government and for all public needs. 54. What is the bases for taxation? The importance of taxation derives from the unavoidable obligation of the government to protect thepeople and extend them benefits in the form of public projects and services. It is duty imposed upon the individual by the mere fact of his membership in the body politic and his enjoyment of the benefits available from such membership. 55. Distinguish taxes from licenses? Taxes are levied to raise revenues whereas licenses are imposed for regulatory purposes only. Licenses are justified under the police power, and the amount of the fees required is usually limited only to the cost of the regulation.