Constitutional Law Review Lecture

CONSTITUTIONAL LAW REVIEW LECTURE Constitution – aimed to avoid the abuses of the government 1986 EDSA Revolution Marcos Regime – characterized with graft and corruption, illgotten or unexplained wealth Exclusionary Rule – other items not included in the warrant cannot be ceased. Thus, cannot be used as evidence. Without the constitution, there was no bill of rights. And without bill of rights, there was no exclusionary rule. SC: under a revolutionary government, there is no higher authority than the revolutionary government. Since there is no constitution higher than this decrees. However, there is no constitution, the PH is still signatories in the UDHR. Thus, the country should adhere to the international rules bowing to different recognize human rights. Manila prince hotel vs. GSIS – self-executing laws SC: par.2, sec. 10, art. 12 – national economy and patrimony  The manila prince hotel, not only a hotel, it is a historical landmark for the PH  Embedded in the national culture of the country ¾ of the two chambers – voting separately (Personal opinion) Chavez vs. JBC: SC: Bicameral constituent assembly CONSTITUTIONAL CONVENTION 2/3 vote from each chamber If the Congress cannot solve the issue, they can throw it to the people PEOPLE’S INITIATIVE

People’s power constitution Propose amendments Santiago Case: The law that was supposed to provide flesh to the people initiative was not included in the law. Relate Lambino Case: SC: A people’s initiative should be sponsored by the people themselves. The people should be the author and should know the entire text. SC: Lambino Case: log-rolling SC: they were not amendments, but revisions. 1. Proposal 2. Plebiscite 3. “Window” which this plebiscite is to be held Window – there is a time for the people to be able to consider and deliberate the intended amendment and revisions. If it is too soon, the people will have a hard time to consider it. If it takes too long, it will be forgotten. TERRITORY Archipelagic doctrine – waters around, between, connecting – internal waters Water with islands – connotes oneness. Islands are part of the sea. We don’t fragment the country into islands. We shall consider it as one. Straight baseline method - connect the baseline and include everything inside it by drawing a straight line. Magallona Case: law on the baseline of the PH. Even though there have been baseline that have been reduced, it is in accordance to the UNCLOS and the international law.

Government functions: Ministrant and Constitutional Bacani vs. Napoco: a ministrant function and therefore the stenographers are entitled to be paid their fees. Ship sai Case:????? A military base is not a disposable or alienable land. Thus it is not to be owned by a private person. These bases were transferred to BCDA. SC: determine whether the BCDA function is ministrant or constituent. It is decided that they are acting a ministrant function thus the prescription shall attach. Inherent – there is no need for a law to be implemented. The law only provides for the limitation and this limitations are included in the Bill of Rights. Toribio Case: regulation required permit to slaughter the carabao Inot vs. IAC: there is also a lawful ends in protecting the carabaos. The implementation was capricious. Fundamental powers: e.g. police powers They are not static, not inert. They change. Binay vs. Domingo: provide financial assistance to the less fortunate families in burying their dead. Argument: not a valid usage of the government’s income SC: COA, your idea of the government expenditure is in the past. If it is done right, it is still for the welfare of the public. Bengson vs. Tiglon: robbery of today can be justified as social justice. Get the rich in order that the poor can benefit.

POLICE POWER Intended to level the playing field.- relation to Chavez campaign Election law – there are limitations for campaign SC: all advertisements should be discontinued while campaigning for an electoral position until the election is over. From tax credit to tax reduction – Senior Citizens Discount scheme Carlos Superdrug – SC: not anymore eminent domain, but only police power PP: assist the plight of the other sectors of the government. State asking organizations to help the other members of the society. Beltran vs. Sec. of Health – blood, sweat and tears Blood banks – PH have four types of blood banks. Then a law was passed abolishing the commercial blood banks. SC: REGULATION OF PROFESSION St. Luke’s Medical center – involving radiology technology Congress passed a law requiring a licensure for radiology technology Case: radiology technician working for more than 10 years thus giving her security of tenure. The center asked her to take the exam but failed. SC: It is needed that the people shall be ensured that they will get the service they deserve. The technician was not reinstated. NLEX: motorcycles not allowed SC: under police power for public safety

Pandacan Oil depot compound from “Commercial” to “Industrial” causing them to move out- for the protection of the community and the Malacanang against possible terrorist attacks PP – cannot be exercised if there is no clear law delegating it MMDA – cannot exercise police power Delegated police power shall be subordinate to the PP of the congress. Batangas: question of authority over cable subscribers SC: cable under the telecommunications commission Community cable – solution to the businessman who had trouble selling his television

When a license fee is imposed, it is in relation to the police power off the state for the purpose of regulation. If it is imposed in a higher than what is really needed, than what is need for regulation, it is already the power of taxation working hand in hand with police power. TX + PP = e.g. Senior Citizen STATE IMMUNITY Can be invoked by official acting in representation of the government Government offices: gen. rule: if the entity is unincorporated, it can invoke the defens3e of state immunity If incorporated, cannot invoke state immunity if sued.

EMINENT DOMAIN TAXATION The power to tax is reasonable as long as the Court sits. Court provides protection for the citizens being oppressively taxed Case: Reyes Manila Ordinance regarding new assessment of lands **most of the time, they are stand alone powers: inherent or fundamental powers of the state However, there are also time where these three action together. Ermita Manila Case: insurance of hotels increase thus the operators complained SC: some of the measures adopted by the ordinance such as requiring them to register, this is in part of the police power of the state.

WAIVER Expressly or impliedly General or special law General law: allows government to be sued Special law: allows the government to be sued (case of merritt – man bumped by a government’s ambulance. Defense: right to sue the government. SC: consent is different from liability. Right not absolute. One has to prove claim.) Implied consent: offers itself for counterclaim. Allowing itself to be countersued. In contracts, SC said we have to qualify if the government is involved in its governmental function or proprietal capacity. FOREIGN STATES AND INTERNATIONAL ORGANIZATIONS Sovereign or state immunity If an attaché is working as a representative of the government, he can use the defense of state immunity or diplomatic immunity.

Liang vs. People: SC: businessman not entitled to state immunity Immunity granted to diplomats is in accordance with customary international law as well as the Vienna convention. Immunity granted to international organizations, officials and employees. these are pursuant to international law in accordance to the agreements off the countries party to an agreement. Case to case basis. Only international organizations have absolute immunity between the agreeing parties. Diplomatic immunities only extend to their functions. If they act beyond their functions, these immunity cannot be used as a defense. Government allowed itself to be sued. Plaintiff able to prove his case. Judgment favored the plaintiff. Can the plaintiff file a writ of execution. SC: there is a need to ask for another consent. What consent is needed? Appropriation from congress is needed. If for instance for money, appropriation is needed. Plaintiff shall wait for the congress to appropriate the fund.  for national government Different for the local government: if the LGU does not appropriate the necessary fund, they can still be compelled thru MANDAMUS! **even if there is already a final judgment against the government, one must wait for the COA to perform its function to determine the appropriation of these public funds. SEPARATION OF POWERS Not absolute separation. relations.

There

is

still

inter-meddling

CHECKS AND BALANCES Question hour – the president may be allowed to refuse its members to be questioned

However, all those who are invited MUST show up – Congress Executive privilege – if invoked, MUST give the basis for invoking such privilege. But at least detailed enough as to why it was invoked. Respect for the essence of co-equal branch of the government. It extends to its officials and members. Neri Case: He was invited to senate for questioning. After being asked about the project, he suddenly invoked the privilege. SC: Neri was entitled the privilege regarding those questions. Not compel them to disclose the reason why the privilege was invoked. Only give basis of why invoked basically. How long will he be attained if he will not answer the questions: SC: detained indefinitely. Unless there are violations of the due process Justice Carpio: On the question on why the congress is not a continuing body: “under the 1935 Consti, only 1/3 of the congress was only up for the election.” “under the 1987 Consti. Only half of congress will constitute corum. Therefore, not a continuing body because the half of it will not perform its day to day basis.” Reason: If the senate is not a continuing body, when the 12 senators, leaving behind the 12 senators, the newly elected + existing senators is a NEW SENATE. Unfinished business of the senator, cannot be continued by the newly elected senator. EXECUTIVE PRIVILEGE

Right of the president, its members and officials to say NO for questioning of the other branches of the government.

Executive Order of GMA case:

LEGISLATIVE PRIVILEGE Everything discussed in the sessions, will not be used against them.

Echegaray Case:

SC: matters which are deliberative are privileged.

RA 8974 – Right of way for national infrastructure projects Provides a different amount to be paid for compensation.

JUDICIAL PRIVILEGE Justices may have some ideas that in the long run may be embarrassing against them. These “foolish” ideas may not be used against them. Just as long as it is justified by reason of deliberation and discussion for a better discussion and not aimed to intentionally destroy someone or institution. Ople vs. Torres ID system KMU case: Valid executive issuance. partake legislative power.

Republic vs. Gingoyon

Rule 67 – Is that law substantive or procedural? Substantive – congress can rightfully do Procedural – what is left for the court to do MORALITY Estrada vs. Escritor – secular morality

Merely

administrative.

Need

However, this cannot be absolute because there are other religions. It may however be influence by secular morality.