Constitutional Law I: (Political Law - Isagani Cruz)
Constitutional Law I: (Political Law - Isagani Cruz)
A. GENERAL CONSIDERATIONS
2. Sovereignty resides in the people and all governmental powers emanate from
them. It is vital that every Filipino engage in public affairs for the success of the
Republic of the Philippines depends on it.
Through the inhabitants cognizance and obedience to the law and Constitution can
the State be successful.
2. No act shall be considered valid, no matter how noble its intentions, if it is contrast
with the Constitution.
2. State vs Nation
2.a A nation is an ethnic/racial concept implying a group of people identified
as having a common birthplace and race, a common language and customs.
2.b A state is a legal concept defining a group of people cohabitating in a
certain territory sharing the same culture and adhering to the same
government.
[e.g. Egypt, Iraq, Saudi Arabia, among others, are separate states but of one
nation-the Arab nation;
3. Elements of a State
3.a People
o Basically the inhabitants of the state
o There is no definite standard as to how numerous the inhabitants
should be so long as:
~ they are numerous enough to defend themselves
~ they are small enough to be administered properly
~they are composed of the same sex to be able to perpetuate
3.b Territory
o Fixed portion of the surface of the earth where inhabitants of the state
reside
o Composed of:
~ Terrestrial territories, covering lad masses;
~ Fluvial and Maritime territories, which covers internal and
external waters;
~ Aerial territories, covering the air space above land and water
o It is known that our embassies erected in other countries/state are
extensions of our territory
3.c Government
o By definition is the agency through which the will of the state is
formulated, expressed and realized
o Functions
~ Constituent these functions constitute the very bonds of
society and are compulsory
~ Ministrant these are function not compulsory but necessary
in a sense that it is for the advancement of the state and
satisfying the general interest of society
* Our Supreme Court, however, states that the distinction
between the two is not relevant in our jurisdiction making
supposed ministrant functions like providing quality
education the inhabitant and infrastructure, obligatory. *
o Doctrine of Parens Patriae
~An important task of the government is to be the parens
patriae or guardians of the rights of the people.
o De Jure and De Facto governments
~ De Jure has the rightful title but no power or control
~ De Facto exercises power or control but without legal title
That which usurps power from the rightful legal
government by force or by the voice of the
majority
[e.g. People Power Edsa Revolution]
That which establishes their independent
government to rise in insurrection against the
parent state
[e.g. Samahang Kataastaasang, Kagalang-
galangang Katipunan ng mga Anak ng
Bayan (KKK)]
That which is maintained and established by
military forces who invade and occupy a territory
in the course of war
[e.g. Spains occupation in the Philippines]
3. Forms of Consent
o Express consent manifested through a general law or special law
o Implied consent the State itself commences litigation
F. SEPARATION OF POWERS
1. 1973 Constitution
- With the establishment of a semi-parliamentary the Doctrine of Separation of
Powers was modified making the Legislature more subordinate to the
President.
- the President was vested power in legislation and even dissolving the Legislature
if he wishes.
2. 1987 Constitution
- The three major departments of the government have been restored and so
have the three constitutional commissions established earlier under the past
charters.
- The Judiciary, regarded as the weakest of the three branches, has been
strengthened with the conferment on it of additional and important powers.
- There is also a lessening of powers in the authority of the Executive, and a
corresponding increase in the authority of the Legislature.
- There is also the revival of the Commission on Appointments and the creation of the
Judicial and Bar Council.
- The Electoral Tribunals have also been restored (their power being sole judge of all
contests relating to the election, transferred to the COMELEC in the 1973
Constitution.)
3. Why the Doctrine is observed/Purpose
- It is regarded as a characteristic of republicanism.
- The major powers of government are actually distributed by the Constitution among
the several departments of the government and the Constitutional
Commission.
- The Constitution further provides, under Sec.13,, Article VI, that no member of the
Congress may hold any other office or employment in the government without
forfeiting his seat.
- It prevents the concentration of authority in one person or group of persons that
may lead to an irreversible error or abuse of power that may lead to the detriment
of our republican institutions.
- It is intended to secure action, to forestall over-action, to prevent despotism and to
obtain efficiency - Justice Laurel.
4. Distribution of Powers
- The Legislature is limited to the enactment of laws, and may not enforce or apply
them.
- The Executive is in charge of the enforcement of laws, and may not enact nor apply
them.
- The Judiciary to the application of the law, and may not enact nor enforce them.
- The keynote of conduct of the various agencies of the government under the
doctrine of separation of powers, is not independence but interdependence -
Justice Laurel.
5. Blending of Powers