CLARITO NOTES | Constitutional Law | Isagani Cruz | 2007

CHAPTER 1 : INTRODUCTION
Constitutional Law Is the study of the maintenance of the proper balance between
authorities as represented by the three inherent powers of the state
and liberty as guaranteed by the Bill of Rights.
What is the true role of Constitutional Law? The true role of constitutional law is to effect an equilibrium
between authority and liberty, in the sense that authority must not
be above liberty because it would result to tyranny and neither
liberty be greater than authority for it would result to anarchy.
There must be an equilibrium between liberty and authority in
order for the rights to exercise within the framework of the law
and the laws are enacted with due deference to the rights.
What are the fundamental powers of the state? [PET]
1. Police power
2. Power of Eminent Domain
3. Power of Taxation
Safeguards included in the Bill of Rights [DEP FIG]
1. Right to Due Process
2. Right to Equal Protection
3. Prohibition against Unreasonable Searches and Seizures
4. Freedom of Expression
5. Impairment Clause
6. Guarantees against Injustice to the Accused
The Fundamental powers of the State and the NO. The powers and rights countercheck each other, BUT they
Safeguards under the Bill of Rights counterchecks are NOT necessarily hostile to each other which is also the same
each other, does that mean that they are hostile with with the branches of the government as discussed in
each other? constitutional law one where the legislative, executive and
judiciary checks each other’s functions but is not necessarily
separated and hostile with one another.
What are the similarities between the Fundamental 1. They have common objective and;
Powers of the State and the Rights guaranteed by the 2. They have the same ultimate goal
Bill of Rights
What is the common objective of the Powers and Co-existence
Rights of the constitution?
What is the ultimate goal of the Powers and Rights A well-ordered society based on the inviolability of rights which,
of the constitution? although they may not be curtailed arbitrarily, may nevertheless
be regulated for the common good.
What is the condition sine qua non for proper Recognition of Authority
enjoyment of liberty?
What is the criterion of proper enjoyment of liberty? Common Weal
What is necessarily done when Authority is When authority is established, it is necessary to define and limit
established or recognized as a condition sine qua its reach
non for enjoyment of liberty?
Why is it necessary to define the established Because when authority is not regulated:
authority’s limit and reach? 1. it will be considered an encroachment and;
2. The pristine purity of rights will be debased by naked power
CHAPTER 2: THE NATURE OF THE CONSTITUTION
DEFINITION
Constitution (written and unwritten) Constitution as defined by Cooley is that body of rules and
maxims in accordance with which the powers of sovereignty are
habitually exercised
Philippine Constitution Philippine Constitution as defined by Justice Malcolm is a 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
several departments for their safe and useful exercise for the
benefit of the body politic.
PURPOSES
What is the purpose of the constitution? The purpose of the Constitution is to prescribe the permanent
framework of a system of government, to assign to the several
CLARITO NOTES | Constitutional Law | Isagani Cruz | 2007
departments their respective powers and duties, and to establish
certain first fixed principles on which government is founded
When it comes to certain basic individual rights, is it NO. When it comes to certain basic individual rights, such as
the constitution that creates and confers them? religious freedom, it is NOT the constitution that creates or
confers them. The constitution merely recognizes and protects
these rights and does NOT bring them into existence.

Constitution: [RP]
1. Recognizes
2. Protects
Constitution Constitution as defined under the book of Cruz is NOT the origin
of private rights; it is NOT the fountain of law or the incipient
state of government ; It is NOT the cause BUT the consequence of
personal and political freedom
SUPREMACY OF THE CONSTITUTION
Define the 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.
The Constitution must ever remain supreme. All must bow to the
mandate of this law. Expediency |quality of being convenient
despite being immoral| must NOT be allowed to sap its strength
NOR greed for power debase its rectitude |righteousness|. Right
or wrong, the constitution must be upheld as long as it has not
been changed by the sovereign people lest its disregard result in
the usurpation of the majesty of law by the pretenders to
illegitimate power.
CLASSIFICATION
The Constitution are classified into: [WU-EvEn-RF]
1. Written or Unwritten
2. Evolved or Enacted
3. Rigid or Flexible
Written Constitution Written constitution is one whose precepts are embodied in one
document or set of documents
Unwritten Constitution Unwritten constitution consists of rules which have NOT been
integrated into a single, concrete form BUT are scattered in
various sources

[SJ3C]
e.g.: 1. Statutes of Fundamental Character
2. Judicial Decisions
3. Commentaries of Publicists
4. Customs and Traditions
5. Certain Common Law Principles
It is an Enacted Constitution Conventional Constitution
It is a result of Political Evolution Cumulative Constitution
Conventional Constitution as and Enacted Is formally “struck off” at a definite time and place following a
Constitution conscious or deliberate effort taken by a constituent body or ruler
Cumulative Constitution Is the result of Political Evolution, not inaugurated at any specific
time but changing by accretion |growth| rather than by any
systematic method
Rigid Constitution Is one that can be amended ONLY by a formal and usually
difficult process
Flexible Constitution One that can be changed by ordinary legislation
Philippine Constitution is classified as [WCR]
1. Written
2. Conventional
3. Rigid
ESSENTIAL QUALITIES OF THE WRITTEN CONSTITUTION
CLARITO NOTES | Constitutional Law | Isagani Cruz | 2007
What are the essential qualities of a written [Bro-Bri-D]
constitution? 1. Broad
2. Brief
3. Definite
The written constitution must be broad because 1. It provides for the organization of the entire government
2. It covers all persons and things within the territory of the
State
3. It is supposed to embody the past, to reflect the present
and to anticipate the future
4. It must be comprehensive enough to provide for every
contingency
5. It must not only be the imprisonment of the past but the
unfolding of the future and the fulfillment of the present
The written constitution must be brief in a sense that 1. It confine itself to the basic principles to be implemented
with legislative details more adjustable to change and
easier to amend
What is the reason for the written constitution to be 1. It must be brief to avoid prolix |lengthy| and voluminous
brief? codification that is inaccessible to the understanding or
even interest of the people
2. Prevent the difficulty of its amendment, resulting to
difficulty of adaptation to readily changing conditions
What is the reason why there is a need for the 1. The constitution must be clear and definite because
constitution to be clear and definite? ambiguity in its provisions will result in confusion and
divisiveness among the people as well as physical
conflict
Is it always absolute that the law should be clear and NO. There are certain exceptions. BUT the exception is found
definite? ONLY in those cases where the rules are deliberately worded in a
vague manner to make them more malleable to judicial
interpretation in the light of new conditions and circumstances.
ESSENTIAL PARTS OF THE CONSTITUTION
What are the (3) three essential substantive parts of a [LiGS]
good written constitution? 1. Constitution of Liberty
2. Constitution of Government
3. Constitution of Sovereignty
What does the constitution of liberty consists? 1. It consists of a series of prescriptions setting forth the
fundamental civil and political rights of the citizens
2. Imposing limitations on the powers of government as a
means of securing the enjoyment of those rights
3. Found principally in Article III, II , IV, V, and XII
What does the constitution of government consists? [OELD]
1. It consists of a series of provisions Outlining the
organization of the government, Enumerating its powers,
Laying down certain rules relative to its administration,
and Defining the electorate
2. Found in Article VI and XI
What does the constitution of sovereignty consists? 1. It consists of provisions pointing out the mode or
procedure in accordance with which formal changes in
the fundamental law may be brought about
2. Found in Article XVII
PERMANENCE OF THE CONSTITUTION
What is one advantage of a written, conventional One advantage of a written, conventional and rigid constitution
and rigid constitution? just like the Philippine constitution is its permanence.
Permanence Permanence is the capacity to resist capricious |sudden change| or
whimsical |sudden and unusual| change dictated NOT by
legitimate needs BUT ONLY by passing fancies, temporary
passions or occasional infatuations of the people with ideas or
personalities.
Define the Permanence of the Constitution A constitution must be firm and immovable, like a mountain
amidst the strife |anger| of storms or a rock in the ocean amidst
CLARITO NOTES | Constitutional Law | Isagani Cruz | 2007
the ranging of the waves.
Such a constitution is not likely to be easily tampered with to suit
political expediency, personal ambitions or ill-advised agitation
for change
When can the virtue of permanence be a (written and conventional) It can be a disadvantage when the
disadvantage? written constitution is unable to adjust to the need for change
justified by new conditions and circumstances.
(rigid) The difficulty itself of the amending process may be
responsible for the delay in effecting the needed change and thus
cause irreparable injury to the public interest.
What are the resorts when a written constitution 1. The people may have to resort to a violation of the
becomes an impediment rather than a spur to provisions of the permanent constitution
progress urging the people to be a treadmill to the 2. Make a new constitution
nation seeking to liberate itself from the shackles of 3. Make a revolution
obsolete rules no longer conformable to their needs
and aspirations?
INTERPRETATION
How do we read and interpret the constitution? The constitution must be read and interpreted in the same way
with statutory enactments; It must be read in accordance with the
usual rules on interpretation and construction
One of the ways of interpretation or construction of The intention is discoverable either:
the statutes is to interpret the text in such a way as to 1. In the document itself
give effect to the intendment of the framers. How 2. Through the use of extrinsic aids
can this intention be discovered?
e.g. records of constitutional convention
Should the constitution be interpreted only in the Latter. The constitution must change with the changing times. If
light of conditions obtaining at the time of its not, it will impede the progress of the people with antiquated
adoption OR according to the changes inevitably rules grown ineffective in a modern age.
transpiring in the history of the nation? As eloquently put by Justice Winslow, the political or
philosophical aphorism of one generation is doubted by the next
Should the constitution be petrified or progressive? and entirely discarded by the third. The race moves forward
constantly, and no Canute can stay its progress.
One rule for the interpretation of the constitution is In case of doubt the constitution should be considered as self-
that in case of doubt, the constitution should be executing rather than non-self-executing, mandatory rather than
considered as: directory, and prospective rather than retrospective
Self-executing provision Self-executing provision is a rule that by itself is directly or
indirectly applicable without need of statutory implementation

e.g. provisions found under the Bill of Rights

President’s power of control over all the departments as
directly conferred upon him by ART VII, SEC 17
The provisions found in the Bill of Rights may be The provisions found in the Bill of Rights may be invoked by the
invoked by _____ or even against ______ proper parties independently of or even against legislative
enactment
What is the ruling of the SC in the case of Collector The SC held that judges derived directly from ART III, SEC 2 of
of Customs v. Villaluz the constitution the authority to conduct Preliminary Investigation
to determine probable cause for the issuance of a search warrant
or warrant of arrest, which power may NOT be withdrawn or
restricted by the legislature
Article III, Section 2 of the constitution The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures of
whatever nature and for any purpose shall be inviolable, and no
search warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place
to be searched and the persons or things to be seized.
Article VII, Section 17 of the constitution The President shall have the control of all the executive
departments, bureaus, and offices. He shall ensure that the laws
CLARITO NOTES | Constitutional Law | Isagani Cruz | 2007
be faithfully executed.
Non-self-executing provision One that remains dormant UNLESS it is activated by legislative
implementation

e.g. ART II, SEC 4

ART IV, SEC 3

The above examples and their requirements cannot be imposed

until and unless the legislature so wills, through the passage of a
law specifying the conditions

The provisions are not the one who implements the actions but
rather the implementing statute will
Article II, Section 4 of the constitution The prime duty of the government is to serve and protect the
people. The government may call upon the people to defend the
state and, in the fulfillment thereof, all citizens may be required,
under conditions provided by law, to render personal, military,
and civil service.
Article IV, Section 3 of the constitution Philippine citizenship may be lost or reacquired in the manner
provided by law
The provisions of the constitution should be The Contrary Rule (non-self-executing) would give the
considered self-executing UNLESS the contrary is legislature the discretion to determine when, or whether, the
clearly intended. The Contrary Rule is? constitutional provisions shall be effective.
What is the standing of provisions containing the The above provisions shall be subordinate to the will of the law
Contrary Rule? making body, because said provisions will become entirely
meaningless when the legislature simply refused to the pass the
needed implementing statute.
How can implementation be imposed as a duty upon Implementation may be imposed as a duty upon the legislature by
the legislature means of a mandatory language of the constitution

e.g.: ART X, SEC 19

The legislature cannot unduly delay the creation of the body

mentioned above, and while mandamus |judicial writ issued as a
command to an inferior court OR ordering a person to perform a
public or statutory duty| is doubtfully available against it, public
opinion still compelled it to act
Article X, Section 19 of the constitution The first Congress elected under this constitution shall, within
eighteen months (18) from the time of the organization of both
houses, pass the organic accts for the autonomous regions in
Muslim Mindanao and the Cordilleras
As a general rule, or absence of a clear showing of a Mandatory
contrary intentions, the provisions of the constitution
shall be regarded as
What is the effect if the provisions of the If the fundamental law is NOT regarded as mandatory, it would
constitution is NOT regarded as mandatory have no more force and prestige than a set of directions which the
government and the people would be free to disregard
As a rule of construction, what does it mean when When the language used in the constitution is prohibitory in
the language used in the constitution is prohibitory? nature, it is understood to be intended as a positive and
unequivocal negation
As a rule of construction, what does it mean when When the language of the constitution contains a grant of power,
the language contains a grant of power? it is intended as a mandate and not a mere direction
What is the reason why the constitution should be The constitution should be prospective because rights already
given only a prospective application UNLESS acquired or vested might be unduly disturbed or withdrawn even
contrary is provided? in the absence of an unmistakable intention to place them within
the scope of the constitution
AMENDMENT OR REVISION
Methods for modification of “Iron Rule” provisions [AR]
Amendment Revision
CLARITO NOTES | Constitutional Law | Isagani Cruz | 2007
Two steps involved in Amendment and Revision [PR]
Proposal Ratification
Proposal can be made by [DC] + ART XVII, SEC 2
Direct legislative Constitutional Article XVII,
action / Convention Section 2
Directly by the
congress
It is a change in the constitution effected when the Change in the constitution effected by mere modification in the
provisions of the constitution are ambiguously interpretation by the courts of justice
worded or perhaps deliberately so and judges read
out of them, in the light of altered conditions,
meanings that at an earlier time were considered
heretical
What is the ruling of the SC in the case of People v. The SC in 1924 declared as unconstitutional a law granting
Pomar maternity leave privileges to female employees based on the
grounds that it impairs the obligation of contracts. HOWEVER, at
present, although the impairment clause has not undergone any
change in language since then, the said privileges (maternity
leave) are a common place.

Social Legislation has been sustained under the expanded concept

of Police Power as a valid limitation of the freedom of contract
Social Legislation It has been sustained as a valid limitation of the freedom of
contract under the expanded concept of police power
Iron Rules As called by Cooley, these are provisions of the constitution
which are not malleable to judicial interpretation due to the
reason that they cannot be altered except only by formal
amendment

e.g.: 1. Provisions for the age qualifications of certain officers for

their term of office
2. composition of COA
Modifications of “iron rule” provisions may be Modification of “iron rules” provisions may be affected either by:
effected by:
[AR] – ART XVII
1. Amendment
2. Revision
Article XVII Amendment and Revision
Amendment Amendment means isolated or piecemeal change only

e.g. amendment to 1935 constitution when the term of office of

the President was changed from 6 – 4 years
Revision Revision means revamp or rewriting of the whole instrument

e.g. constitutional commission of 1986 re-wrote the Marcos

charter and produced the 1987 constitution
PROCEDURE
What are the two (2) steps involved in the [PR]
amendment or revision of our constitution? 1. Proposal
2. Ratification
(1) PROPOSAL
Proposal can be generally made either : [DC]
1. Directly by the congress / Direct legislative action
2. By Constitutional Convention
Direct Legislative Action Used when the proposal is intended as only a means of a mere
amendment or change of particular provisions

It is a method that will avoid the unnecessary expenditure of

public funds and time that the calling of constitutional convention
CLARITO NOTES | Constitutional Law | Isagani Cruz | 2007
will entail
What is the needed procedure for Direct Legislative Vote of at least three-fourths (3/4) of all the members of the
Action to prosper Congress
Constitutional Convention Used when what is envisioned is the overhaul of the entire
constitution which will have more time, opportunity and
presumably also needed expertise to discharge it
What is the needed procedure for calling of a (G) The call of a constitutional convention may be made by a
Constitutional Convention vote of two-thirds (2/3) of all the members of the congress

(E) In the instance where the congress cannot make up their mind
whether to call for constitutional convention, it shall be thrown
by them to the people themselves by AT LEAST a majority vote
What is the disadvantage of the last alternative (the The last alternative is plainly an absurd procedure for it permits
passing of congress of the responsibility to the the members of the congress to authorize the waste of public
people) funds by calling on their constituents to decide a question that is
essentially addressed to the legislators themselves

The last alternative in effect allows them to “pass the buck” |shift
the responsibility of something to someone else| simply because
they are unable to agree on the decision the people expect them to
make
Who has the discretion for the choice of method of As held in the case of Occeña v. COMELEC, the choice of the
proposal during the occurrence of whatever nature method of proposal is discretionary upon the legislature
of change that occurs?
What is the ruling in the case of Imbong v. The SC held that the Congress, acting as a constituent body, may
COMELEC with the concurrence of two-thirds (2/3) of all its members call a
constitutional convention in general terms ONLY.

Thereafter, the same Congress, acting this time as a legislative

body, may pass the necessary implementing law providing for the
details of the constitutional convention, such as the number,
qualifications, and compensation of its members.

The statute (law providing for the details of the constitutional

convention) may be enacted in accordance with the ordinary
legislative process
A third method of proposal is allowed and can be ART XVII, SEC 2
found under
Article XVII, Section 2 of the constitution provides Amendments to this constitution may likewise be directly
proposed by the people through initiative upon petition of at least
twelve per centum (12%) of the total number of registered voters,
of which every legislative district must be represented by at least
three per centum (3%) of the registered voters therein. No
amendment under this section shall be authorized within five
years (5) following the ratification of this Constitution nor oftener
once every five years thereafter. The Congress shall provide for
the implementation of the exercise of this right.
The attempt to use the third method of proposal was Santiago v. COMELEC
struck down in the case of?
What is the ruling in the case of Santiago v. The SC held that the third method of proposal under ART XVII,
COMELEC SEC 2 CANNOT be used in 1997 for lack of implementing law.
ART XVII, SEC 2 is NOT self-executing and RA 6735 ONLY
provides for a local initiative and NOT a national initiative which
is the one required for proposing constitutional changes.
The ruling in the case of Santiago v. COMELEC PIRMA v. COMELEC
was reiterated in what case
What is the importance or role played by the ruling It ended the attempt to remove the term limits of the president
in Santiago v. COMELEC to the case of PIRMA v. and the members of Congress in the present charter.
COMELEC?
CLARITO NOTES | Constitutional Law | Isagani Cruz | 2007
When is Article XVII, Section 2 applicable? It is only applicable to amendments and NOT to revision of the
constitution
A. POSITION OF THE CONSTITUTIONAL CONVENTION
What are the three (3) theories on the relative 1. Theory of Conventional Sovereignty (Loomis v. Jackson)
position of the constitutional convention v. the 2. Constitutional Convention is inferior to other
regular departments of the government departments (Wood’s Appeal)
3. Constitutional Convention is independent and co-equal
with other departments (Frantz v. Autry , accepted since
Mabanag v. Lopez Vito)
What is the first theory on relative position of The first theory which is known as Theory of Conventional
constitutional convention v. the regular Sovereignty was announced in the case of Loomis v. Jackson.
departments?
It holds that constitutional convention is supreme over other
departments of the government because the powers it exercises
are in the nature of sovereign powers.
What is the second theory on relative position of The second theory was announced in the case of Wood’s Appeal
constitutional convention v. the regular
departments? It states that constitutional convention is inferior to other
departments of the government for the reason that it is only a
creation of the legislature
What is the third theory on relative position of The thirds theory was announced in the case of Frantz v. Autry
constitutional convention v. the regular
departments? It declares that as long as the constitutional convention exists and
confines itself within the sphere of its jurisdiction, the
constitutional convention must be considered independent and
co-equal with other departments of the government.
Among the three theories, which of them is the most The third theory which states that the constitutional convention is
widely accepted? considered as independent and co-equal with other departments
for the reason that it has been observed in this jurisdiction since
the case of Mabanag v. Lopez Vito
(2) RATIFICATION
When can amendment and revision be valid? As provided under ART XVII, SEC 4 , any amendment to or
revision shall be valid when ratified by a majority votes cast in a
plebiscite held NOT earlier than sixty days (60) NOR later than
ninety days (90) after approval of change by the Congress OR the
Constitutional convention OR after the certification by the
COMELEC of the sufficiency of the petition under section 2
In the sovereign act of drafting or altering the The people themselves in a sovereign act
fundamental law, the requirement for ratification
involves
How about in the act of drafting a mere statute? It suffices that it is enacted by their chosen representatives
pursuant to their mandate
How about in the case of the constitution? Where it is the constitution that is being framed or changed, it is
imperative and proper that approval come directly from the
people themselves
Why proposal to amend the constitution needs to be Proposal to amend must be ratified within a reasonable time after
ratified in a timely manner? they are made because they are intended to answer present needs
or correct current problems.

Proposal accepted after a long delay may no longer serve the

purpose for which they were made in the first place.

Proposals should be voted upon at a time when interest in them is

still rife and the electorate is still knowledgeable on the pros and
cons of the issues submitted to them
What is the essence of timeliness of proposals to the According to Judge Jameson, an alteration of the constitution
constitution according to Judge Jameson? proposed today has relation to the sentiment and felt needs of
today and, if not ratified early while the sentiment may fairly be
supposed to exist, it ought to be regarded as waived and not again
CLARITO NOTES | Constitutional Law | Isagani Cruz | 2007
to be voted upon UNLESS for a second time proposed
What is one issue regarding timeliness of a proposal Issue raised in Gonzales v. COMELEC was the validity of the
raised in Gonzales v. COMELEC submission of certain proposed constitutional amendments at a
plebiscite scheduled on the same day as the regular elections.

Argument of the petitioners: this is unlawful as there would be

no proper submission of the proposal to the people who would be
more interested in the issues involved in the election campaign

SC: In interpreting ART XV of the 1935 constitution, there is

nothing |ubi lex non distinguit nec nos distinguere debemus| in
the said provision that indicates that the election mentioned
referred to a special and not a general election. The circumstance
that the previous amendment to the constitution had been
submitted to the people for ratification in special election merely
shows that Congress deemed it best to do so under the
circumstances then obtaining. It does not negate its authority to
submit proposed amendments for ratification in general elections.

Dissenting opinions of J. Sanchez & J.B.L Reyes: In order that

the proposed amendments could be considered to have been
properly submitted, the people must be afforded opportunity to
mull over the original provisions, compare them with the
proposed amendments, and try to reach a conclusion as the
dictates of their conscience suggest, free from the incubus of
extraneous or possibly insidious influence, there must be a fair
submission, intelligent consent or rejection. Such fair submission,
he believed, would be possible only if the plebiscite were
scheduled on a special date
Article XV of the 1935 constitution Section 1. The Congress in joint session assembled, by a vote of
three fourth of all the Members of the Senate and of the House of
Representatives voting separately, may propose amendments to
this Constitution or call a convention for that purpose. Such
amendments shall be valid as part of this Constitution when
approved by a majority of the votes casts at an election at which
the amendments are submitted to the people for their ratification.
The majority view in the case of Gonzales v. Occeña v. COMELEC
COMELEC was affirmed in the case of _______
What is the ruling in the case of Occeña v. SC sustained the simultaneous holding in 1980 of the local
COMELEC elections and the plebiscite on the proposal to restore the
retirement age of judges to seventy years (70)
JUDICIAL REVIEW OF AMENDMENTS
Can the question of validity of the adoption of YES
amendments to the constitution be subject to judicial
review?
Mabanag v. Lopez Vito In this case of Mabanag v. Lopez Vito, a view to the effect that
the question of whether or not the Parity proposal had been
validly adopted in Congress is political in nature has been
rejected
What is the application of the present doctrine The present doctrine allows the courts to inquire into whether or
announced in the case of Tañada v. Cuenco not the prescribed procedure for amendment has been observed
The SC assumed jurisdiction in the case of Sanidad The SC disagree with the Sol. Gen.’s contention of considering
v. COMELEC over the Solicitor General’s the question at bar as a pure political one NOT within the domain
contention that the amendment of the constitution of judicial review. It is within the domain of judicial review
was a political question. What is its ruling thru because the amending process, BOTH as to proposal and
Justice Martin? ratification, raises a judicial question.

This is true especially where the power of the Presidency to

initiate the amending process by proposal of amendments which
CLARITO NOTES | Constitutional Law | Isagani Cruz | 2007
is normally a function of the legislature is seriously doubted.
May the judiciary declare as invalid the following? 1. YES
1. Proposal adopted by less than three-fourths 2. YES
(3/4) of the members of the congress? 3. YES
2. Call for a constitutional convention by less 4. YES
than two-thirds (2/3) of the legislature
3. Ratification made by less than a majority of
the votes cast
4. Plebiscite irregularly held
THE 1987 CONSTITUTION
1987 constitution 4th fundamental law to govern the Philippines since it became
independent
July 4, 1946 Philippine independence when the constitution of the Japanese-
sponsored 2nd Phil. Republic is deliberately excluded
1935 constitution Also known as the commonwealth constitution

1st constitution whose provisions remained to be effective

continually after the proclamation of the Republic of the
Philippines
1973 constitution 2nd constitution which was enforced during the Marcos regime
following its dubious approval and ratification at a time when the
country was already under martial law
Freedom Constitution Proclaimed by the president on February 25, 1986 , as a result of
the people power upheaval that deposed president Marcos

It is to be effective pending the adoption of a permanent

constitution aimed at correcting the shortcomings of the previous
constitution and specifically eliminating all the iniquitous
vestiges of the past regime
Proclamation No. 9 By pres. Corazon C. Aquino

Created a constitutional commission to frame a new charter not

later than Sept. 2, 1986

Composed of fifty (50) members to be appointed by pres. Aquino

Came from various sectors and represented diverse persuasions

50 members of the constitutional commission All BUT one of those appointed accepted and immediately
undertook their mission
Justice Cecilia Muñoz-Palma President of the constitutional commission
Variance in the sector origin and diverse persuasions Probable reason why the constitutional commission cannot meet
their deadline (Sept. 2, 1986) and were able to approve the final
draft of their handiwork only on Oct. 15, 1986
Schedule of Plebiscite By resolution of the commission, it was recommended to the
Pres. that the plebiscite on the proposed constitution be
scheduled, NOT within sixty (60) days as originally provided,
BUT within three (3) months, to give the people more opportunity
to study it
Schedule of plebiscite February 2, 1987
Campaign for ratification of proposed constitution Led by Pres. Aquino

Main argument: the proposed constitution would restrict the

powers of the presidency as provided for the Freedom
Constitution

Reason for loss of the opposition: while spirited, was

disorganized and ineffective
Voting result For ratification: 76.29%
For opposition: 22. 74%
CLARITO NOTES | Constitutional Law | Isagani Cruz | 2007
CHAPTER 3: THE CONSTITUTION AND THE COURTS
Judiciary Holding neither purse (legislative) nor sword (executive)

Occupies a vital and indispensable part in our system of

government as the ultimate guardian of the constitution
The duty of the judiciary comes forth on instances The judiciary is expected to:
when political departments due to the nature of their [RA]
power bend if not actually break the laws as a 1. Rectify the wrong and;
tendency for the best of their motives or out of 2. Affirm its “sacred and solemn” duty to uphold the
mistaken zeal and more often for desire of self- constitution and the laws of the land
aggrandizement. During these instances, what is
expected to be done by the judiciary?
The role of judiciary (to rectify the wrong and affirm Protection of individual liberties as guaranteed by the Bill of
the sacred and solemn duty to uphold the Rights
constitution and the laws of the land) is particularly
needed for
In the protection of individual liberties guaranteed [ScoRe]
by the Bill of Rights as a duty of the judiciary, what 1. Scope and Limitations of the power of Judicial Review
should be the main considerations? 2. Requisites of judicial inquiry into a constitutional
question
VOTING
What does the new rule in ART VIII, SEC 4 (2) on All cases involving the constitutionality of a treaty, international
en banc cases provides? or executive agreement, or law, which shall be heard by the SC
en banc, and all other cases which under the Rules of Court are
required to be heard en banc, including those involving the
constitutionality, application, or operation of presidential decrees,
proclamations, orders, instructions, ordinance and other
regulations, shall be decided with the concurrence of a majority
of the members who actually took part in the deliberations on the
issues in the case and voted thereon.
What does the old rule on 1935 constitution covers [TL]
regarding the declaration of unconstitutionality 1. Treaty
2. Law
What does the old rule on 1973 constitution covers [TEL]
regarding the declaration of unconstitutionality 1. Treaty
2. Executive Agreement
3. Law
What does the new rule on 1987 constitution covers [TEL-PP-OIOR]
regarding the declaration of unconstitutionality 1. Treaty
2. Executive or International Agreement
3. Law
4. Presidential Decrees
5. Proclamation
6. Order
7. Instructions
8. Ordinance
9. other Regulations
What is the rule on the needed vote for a declaration Vote of two-thirds (2/3) of the SC
of unconstitutionality under the commonwealth
constitution or 1935 constitution
What is the rule on the needed vote for a declaration Ten (10)
of unconstitutionality under the 1973 constitution
What is the rule on the needed vote for a declaration the concurrence of a majority of the members who actually took
of unconstitutionality under the 1987 constitution part in the deliberations on the issues in the case and voted
thereon
No less than two-third (2/3) vote Vote needed by the court for a declaration of unconstitutionality
during 1935 and 1973 constitution
As few as five (5) Vote needed by the court for a declaration of unconstitutionality
at present (1987)
CLARITO NOTES | Constitutional Law | Isagani Cruz | 2007
five (5) Majority of the quorum of eight (8) of the fifteen (15) member
court
REQUISITES OF A JUDICIAL INQUIRY
Courts They are passive instruments that can act only when their
jurisdiction is invoked. Unlike the political departments
Questions that are political in nature Questions raised that cannot be entertained by the courts
By virtue of a judge-made policy, NO constitutional Requisites of a Judicial Inquiry
question will be heard and decided by the courts
UNLESS there is compliance with
What are the requisites of Judicial Inquiry needed in As laid down in the case of Dumlao v. COMELEC, the requisites
order to hear constitutional questions of Judicial Inquiry are:

[APED]
1. There must be an Actual case or controversy
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
(1) ACTUAL CASE
Actual case or Controversy Involves a conflict of legal rights, an assertion of opposite legal
claims susceptible of judicial adjudication
What are the Nos for an actual case or controversy 1. NOT be moot or academic
2. NOT based on extra-legal or other similar considerations
NOT cognizable by a court of justice
What are needed for an actual case or controversy 1. Contrariety of legal rights
2. Can be interpreted and enforced on the basis of existing
laws and jurisprudence
Controversy Is one that is appropriate for judicial determination

Distinguished from a difference or dispute of a hypothetical or

abstract character or from one that is academic or moot
Controversy as definite and concrete It must be touching the legal relations of parties having adverse
legal interest
Controversy as real and substantial It must admit specific relief thru a decree as distinguished from
an opinion advising what the law would be upon a hypothetical
state of facts
***Adjudication of the rights of the litigants may Where there is concrete case admitting of an immediate and
not require the award of process OR payment of definitive determination of the legal rights of the parties in an
damages adversary proceedings upon facts alleged

Not essential to the exercise of the judicial power

that an injunction be sought

Allegations that irreparable injury is threatened are

not required
Can a request for advisory opinion come in the NO. Since the issue raised under the request for advisory opinion
category of an actual case or controversy? does NOT involve any conflict in law that has assumed the
proportions of a full-blown dispute.
Advisory opinion The court in this case is being asked ONLY to counsel and NOT
to decide
Why is counseling by courts contrary to the It is because their advice will NOT have the force of law BUT of
Doctrine of Separation of Powers? a mere suggestion or recommendation that may be accepted or
rejected at will by the department requesting it
When can a case needing advisory opinion or When the purpose of advisory opinion or counseling is to solicit
counseling be deemed an actual controversy from the courts a declaratory judgment involving the
allowing the courts to validly assume jurisdiction? interpretation of the rights and duties of a person under the
provisions of a deed, will, contract, or other written instrument, or
CLARITO NOTES | Constitutional Law | Isagani Cruz | 2007
a statute or ordinance.
What is the issue raised by the petitioners and the Argument of the petitioners: The petitioners challenged a
ruling of the SC in the case of PACU v. Secretary of regulation of the respondent requiring all private colleges and
Education universities to first obtain a permit from the Department of
Education before they could open and operate

Loophole: It appeared, however that all the petitioners had

previously obtained the required permit and that they were
questioning the regulation ONLY because of the possibility that
such permit might be denied them in the future.

SC: The case was premature as there was no showing at the time
of any conflict of legal rights that would justify assumption of
jurisdiction by the judiciary.
The mere apprehension that the secretary of education might,
under the law, withdraw the permit of any of the petitioners does
NOT constitute a justiciable controversy
What is the petition raised and the decision of the Petition: There was a petition here to compel the Speaker of the
SC in the case of PHILCONSA v. Villareal House of Representatives to produce the books of accounts of HR
in which were recorded the amounts appropriated by the
legislators for their allowances

Loophole: However, before the case can be decided, the 1973

Constitution became effective and the Congress of the Philippines
was consequently abolished.

SC: Petition was dismissed since it had already become moot and
academic
What is the ruling in the case of Perez v. Provincial The SC held that petitioner’s claim to an appointive office was
Board rendered moot and academic when he filed a certificate of
candidacy for an elective office
What is the principle laid down in the case of The SC held that an election protest will have to be dismissed
Morelos v. De la Rosa upon the expiration of the protested official’s term
(2) PROPER PARTY
Proper party As defined in the case of Ex Parte Levitt, 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
What is the requirement for the complainant to have An actual OR potential injury must be established
a legal personality to raise a constitutional question
What is the argument of the petitioner and the ruling Petition: A physician questioned the constitutionality of the law
of the SC in the case of Tileston v. Ullman prohibiting the use of contraceptives, on the ground that it might
prove dangerous to the life or health of some of his patients
whose physical condition would not enable them to bear the
rigors of childbirth

SC: The petition was dismissed for the reason that the patients
and NOT the physician are the proper parties
What is the argument of the petitioner and the ruling Petition: Petitioner challenged in a quo warranto |prerogative
of the SC in the case of Cuyegkeng v. Cruz writ requiring the person to whom it is directed to show what
authority they have for exercising some right, power, or franchise
they claim to hold| proceeding the title of the respondent who, he
claimed, had been appointed to the Board of Medical Examiners
in violation of the provisions of the medical act of 1959

SC: The petition was dismissed because Cuyegkeng had NOT

made a claim to the position held by Cruz and therefore could
NOT be regarded as a proper party who had sustained an injury as
a result of the questioned act
What is the argument of the petitioner and the ruling Petition: the petitioner, an American tax-payer and member of
CLARITO NOTES | Constitutional Law | Isagani Cruz | 2007
of the SC in the case of Ex Parte Levitt the bar, filed a motion for leave to question the qualifications of
Justice Black who, he averred, had been appointed to the US SC
in violation of the constitution of the US

SC: The petition was dismissed because Levitt was NOT a proper
party since he was NOT claiming the position held by Justice
Black
What is the ruling of the SC in the case of People v. SC: The court held that the Gov. of the Philippines was a proper
Vera party to challenge the constitutionality of the Probation Act
because, more than any other, it was the Government itself that
should be concerned over the validity of its own laws
What is the old rule regarding the proper party The old rule states that an ordinary taxpayer did NOT have the
personality of an ordinary taxpayer in questioning proper party personality to question the legality of an
the legality of an appropriation law? appropriation law, since his interest in the sum appropriated was
NOT substantial enough
What is the ruling of the SC in the case of Custodio SC: The court dismissed a challenge by an ordinary taxpayer to
v. Senate President the validity of a law granting back pay to members of Congress
during the period corresponding to the Japanese Occupation as
having been commenced by one who was NOT a proper party
Is there a change in the old rule regarding the proper YES. The rule has been changed since the first Emergency Power
party personality of an ordinary taxpayer in Case
questioning the legality of an appropriation law?
What is the ruling of SC in the first Emergency The ruling of the SC has changed the old rule laid down in the
Power Case case of Custodio v. Senate President and it is now permissible for
an ordinary taxpayer, or a group of taxpayers, to raise the
question of the validity of an appropriation law.

The transcendental importance to the public of these cases

demands that they be settled promptly and definitely, brushing
aside, if we must, technicalities of procedure
What is held in the ruling of Tolentino v. In this case it was held that a senator had the proper party
COMELEC personality to seek the prohibition of a plebiscite for the
ratification of a proposed constitutional amendment
What is held in the ruling of PHILCONSA v. In this case it was held that an organization of taxpayers and
Gimenez citizens was held to be a proper party to question the
constitutionality of a law providing for certain special retirement
benefits for members of the legislature
What is the argument of the petitioner and the ruling Petition: a number of minors, represented by their parents, sued
of the SC in the case of Oposa v. Factoran the Sec. of Environment and Natural Resources to prevent the
misappropriation or impairment of Phil. Rainforest and arrest the
unabated hemorrhage of the country’s vital life-support systems
and continued rape of Mother Earth.

Lower Court: case dismissed on ground inter alia that the

plaintiff were NOT proper parties

SC: reversed the ruling of the lower court thru Justice Hilario G.
Davide, Jr.

Minor petitioners assert that they represent their generation as

well the generations yet unborn. We find no difficulty in ruling
that they can, for themselves, for others of their generation, and
for succeeding generations, to file a class suit. Their personality
to sue on behalf of succeeding generation can only be based on
the personality concept of intergenerational responsibility insofar
as the right to a balanced and healthful ecology is concerned.
What is held in the ruling of Sanidad v. COMELEC SC: The SC rules the petitioners as proper parties.

As a Prelim. Reso, the SC rule that Pablo and Pablito Sanidad

CLARITO NOTES | Constitutional Law | Isagani Cruz | 2007
possess locus standi to challenge the constitutional premise of PD
991, 1031 and 1033.

Ancient rule: The valid source of a statute – PD is one having this

nature – may be contested by the one who will sustain direct
injury as a result of its enforcement.

***Taxpayer as proper party: laws providing for disbursement of

public funds may be enjoined, upon the theory that expenditure of
public funds by an officer of the State for the purpose of
executing an unconstitutional act constitutes a misapplication of
funds.

PD 991 – appropriation of five (5) million

PD 1031 – appropriation of eight (8) million

Justification: interest of petitioners as taxpayers in the lawful

expenditure of above-mentioned amounts of public money
sufficiently clothes them with the personality to litigate the
validity of the decrees appropriating such funds.

Court’s discretion: When it comes to taxpayer’s suits, the court

enjoys an open discretion to entertain the suits or not.

Court’s discretion in the case at bar: exercise of discretion is

affirmed for the purpose that authority upon which the disputed
decrees are predicated may be inquired into.
What is held in the ruling of Macalintal v. SC: The SC rules that the lawyer who questioned the overseas
COMELEC absentee voting act was a proper party to the case

Justification: taxpayers, such as the lawyer petitioner here have

the right to restrain officials from wasting public funds through
the enforcement of an unconstitutional statute.

***Taxpayer as proper party: The court held that taxpayers may

assail the validity of a law appropriating public funds because
expenditure of public funds by an officer of the state for the
purpose of executing an unconstitutional act constitute a
misapplication of such fund

Policy of Transcendental Significance to the Filipino people: The

court has adopted the policy of taking jurisdiction over cases
whenever the petitioner has seriously and convincingly presented
an issue of transcendental significance to the Filipino people. In
the case at bar, the challenged provision of law involves a public
right that affects a great number of citizens
Misapplication of funds Expenditure of public funds by an officer of the state for the
purpose of executing an unconstitutional act
What i the issue and ruling in the case of Lozada v. Petition: In this case there is a petition to compel the respondent
COMELEC to call a special elections to fill twelve (12) vacancies in the
interim Batasang Pambansa

SC: The SC dismissed the petition on the ground inter alia that
the petitioners were NOT proper parties as they had ONLY what
the supreme court called a “generalized interest” shared with the
rest of the people.
What is the ruling issued in the case of Guazon v. Well-meaning citizens with ONLY second-hand knowledge of the
De Villa events were NOT considered proper parties to challenge the
saturation drives or “zonas” being conducted by the military
CLARITO NOTES | Constitutional Law | Isagani Cruz | 2007
What is the significance of the case of Kilosbayan v. Original ruling: The petitioner’s contention are admitted as a
Morato group of citizens and taxpayers, as a proper party to question the
contract providing for the holding of the lotto or a national
lottery.

SC with a changed membership: In the subsequent case

involving the same parties, the SC held that the petitioners is
without legal standing to question the above-mentioned contract
(contract providing for the holding of the lotto or a national
lottery)
What is the ruling in the case of Osmeña v. The petition was dismissed on the ground that the petitioner, a
COMELEC presidential candidate, did NOT show that he had been injured as
a result of the ban on political commercials on radio and
television
What is the issue and ruling in the case of Issue: The petitioners were questioning the law requiring
Telecommunications and Broadcast Attorneys of the television and radio stations to allocate free time to respondent
Philippines, Inc. v. COMELEC agency

SC: The petition was dismissed

ART VII SEC 18 At present, the said provisions now allows any citizen to
challenge then suspension of the privilege of the writ of habeas
corpus or the proclamation of martial law
(3) EARLIEST OPPORTUNITY
What is the reason why constitutional question Constitutional question should be raised in earliest possible
should be raised in the earliest possible opportunity? opportunity since 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.
What is the general rule regarding the time when a As a general rule, constitutional question must be raised at the
constitutional question must be raised earliest possible opportunity
What are the exceptions to the general rule? As laid down in the case of People v. Vera, citing People v.
Munar and Tijam v. Sibonghanoy

[CriTiDi-CiStaNe-EStaJu]
1. In criminal cases, the constitutional question can be
raised at any time in the discretion of the court
2. In civil cases, the constitutional question can be raised at
any stage if it is necessary to the determination of the
case itself
3. In every case, EXCEPT where there is estoppel, the
constitutional question can be raised at any stage if it
involves the jurisdiction of the court
(4) NECESSITY OF DECIDING CONSTITUTIONAL QUESTION
Do courts have jurisdiction to out rightly decide NO. As much as possible, the courts should avoid to decide a
constitutional questions constitutional question in accord with the doctrine of separation
of powers
Doctrine of Separation of powers on court’s The doctrine of separation of powers enjoins upon each
jurisdiction to decide constitutional questions department a proper respect for the acts of the other departments
“to doubt is to sustain” Maxim followed by the courts in their action of always giving the
presumption of constitutionality in line with the policy of
doctrine of separation of powers in deciding constitutional
questions
What is the reason behind the theory of presumption The theory states that as a joint act of the legislative and
of constitutionality executive, a law is supposed to have been carefully studied and
determined to be constitutional before it was finally enacted
When the case can be decided by means of other NO. as long as there is some other basis that can be used by the
grounds, is there still a need to touch the courts for its decision, the constitutionality of the challenged law
constitutionality of the challenged law? will NOT be touched and the case will be decided on other
available grounds
What is held in the case of Laurel v. Garcia and It was held that the court will NOT pass upon a constitutional
CLARITO NOTES | Constitutional Law | Isagani Cruz | 2007
Lalican v. Vergara question although properly presented by the record IF the case
can be disposed of on some other ground such as application of a
statute or general law
Zandueta v. De la Costa Ocampo v. Sec. of Justice
De la Llana v. Alba
estoppel No estoppel
Accepted new position Did NOT accept new position
Discuss the case of Zandueta v. De la Costa Policy of refraining from judging consti. Questions: Justice
Laurel declared that said policy did NOT manifest a shirking of
judicial duties. If there should be NO other ground available to
the court for decision of the case, then that would be the time to
let the hammer fall and heavily

Facts: Petitioner, an incumbent Judge, had accepted an ad

interim appointment to a new court created under judiciary
reorganization law that had reorganized the judiciary by
abolishing some judgeships and creating others. When his
appointment was bypassed, he returned to his former court in
Manila but found that De la Costa had already been appointed
thereto. Zandueta thereupon filed quo warranto proceedings
against respondent.

Petition: He did NOT abandon his old court in Manila by his

acceptance of the new court in Palawan. The law creating the
latter was unconstitutional because it violated judicial security of
tenure.

SC: Zandueta was estopped from impugning the constitutionality

of the Judiciary Reorganization Law. The constitutional question
raised squarely is NOT necessary to resolve the said case. There
is another ground available to rule for the case – the common law
principle of Estoppel

Common Law Principle of Estoppel: Under this rule, a person

cannot question the validity of a law under which he had
previously accepted benefits.
Discuss the case of Ocampo v. Sec. of Justice Facts: This is a 1955 case where a similar law with the case of
Zandueta v. De la Costa was being assailed.

Petition: The law violates the judicial security of tenure

SC: SC rules on the constitutional question raised

Justification: petitioners did NOT accept new positions created

by the law after it had legislates them out of their former courts.
There is a need to decide on the constitutionality of the
challenged law
EFFECTS OF DECLARATION OF UNCONSTITUTIONALITY
What are the two (2) views on the effects of a [OM]
declaration of the unconstitutionality of a statute 1. Orthodox View
2. Modern View
Orthodox View As laid down in the case Norton v. Shelby

An unconstitutional law 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. It is therefore stricken from the statute books and
considered never to have existed at all. Not only the parties but
all persons are bound by the declaration of unconstitutionality,
CLARITO NOTES | Constitutional Law | Isagani Cruz | 2007
which means that no one may thereafter invoke it nor may the
courts be permitted to apply it in subsequent cases.

Total nullity
Modern View As laid down in the case Sheppard v. Barren

Less stringent

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. The
court may give its reasons for ignoring or disregarding the law,
but the decision affects the parties ONLY and there is NO
judgment against the statute.

The opinion or reasons of the court may operate as a precedent

for the determination of other similar cases, BUT it does NOT
strike the statue from the statute books

It does NOT repeal, supersede, revoke, or annul the statue.

The parties to the suit are concluded by the judgment, BUT no

one else is bound.
Where is the Orthodox View expressed It is expressed in ART 7 of the CC
Article 7 of the Civil Code It provides the when the courts declare a law to be inconsistent
with the constitution, the former shall be void and the latter shall
govern.
Realistic approach with regards to doctrine of an A realistic approach was eroding the general doctrine and that the
operative fact actual existence of a statute prior to its declaration of
unconstitutionality was an operative fact and might have
consequences which could not justly be ignored.
Discuss the case of Manila Motors Co. v. Flores SC: For the plaintiff

Plaintiff: complaint for recovery of installments which fell due in

1941
Defendant: pleads prescription. 13 years have elapsed since the
due date
Plaintiff: prescriptive period is suspended by the Moratorium
Law. Prescription will not run.
Defendant: Moratorium Law is declared unconstitutional. NO
rights could be built upon it

SC: Rejects the contention of the defendant by applying the

considerations of equity and relaxed the operation of the general
rule

Similar rulings:
Tan v. Barrios
Republic v. Herida
Republic v. CFI
(1) PARTIAL UNCONSTITUTIONALITY
What is the reason behind for declaring some law It is in accordance to doctrine of separation of powers and in
and statutes as only partially unconstitutional order to give effect to the legislative will
What are the two (2) requisites for the validity of [WiRe-SI]
Partial Unconstitutionality of a statute or law 1. The legislature is willing to retain the valid portions even
if the rest of the statute is declared illegal
2. The valid portions can stand independently as a separate
statute
CLARITO NOTES | Constitutional Law | Isagani Cruz | 2007
Separability clause The legislative will of the partial unconstitutional statute is
expressed in this clause
Separability clause Provides that if for any reason, any section or provision of this act
is declared invalid or unconstitutional, the remainder of the act
shall not be affected by such declaration
For the instance that there is NO Separability clause, NO. Even without the Separability clause, it has been held that if
will the statute NOT stand? the valid portion is so far independent of the invalid portion, it
may be fair to presume that the legislature would have enacted it
by itself if it had supposed that it could constitutionally do so
What is the principle laid down in the case of Enough must remain to make an intelligible and valid statute
Barrameda v. Moir regarding the Separability clause which carries with it the legislative intent. The void provisions
of the statutes must be eliminated without causing results affecting the main
purpose of the act in a manner contrary to the intention of the
legislature. The language used in the invalid part of the statute
can have NO legal purpose or efficacy and what remains must
express the legislative will independently of the void part
Discuss the Bar Flunkers Case It is an example of a law that was declared partly unconstitutional

Sustained part: prospective amendment to the Rules of Court

Unconstitutional part: retroactively reduced the passing average
in the bar examinations for being an encroachment upon judicial
functions
Discuss the Macalintal Case Sustained: Overseas Absentee Voting Act

Unconstitutional part: Giving congress the power to supervise its

implementation by the COMELEC as inimical to the
independence of the electoral body
CHAPTER 4: THE FUNDAMENTAL POWERS OF THE STATE
What are the fundamental powers of the state [PET]
1. Police Power
2. Power of Eminent Domain
3. Power of Taxation
What is the nature of the fundamental powers of the The fundamental powers of the state are inherent
state
It does not need to be expressly conferred by the constitutional
provisions of the state
What is the relationship of the fundamental powers Co-existing
of the state with the state itself
The moment the state comes into being, it is deemed invested
with the three (3) powers as its innate attributes.
Police power Power of the state to regulate liberty and property for the
promotion of the general welfare
Power of Eminent domain It 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 society their
proportionate share or contribution in the maintenance of the
government
SIMILARITIES
What are the similarities of the three (3) inherent [ INMEL]
powers of the state
1. They are inherent in the state and may be exercised by it
[PET] without need of constitutional grant
1. Police Power 2. They are NOT ONLY necessary BUT indispensable – The
2. Power of Eminent Domain state CANNOT continue or be effective UNLESS it is able
3. Power of Taxation to exercise them
3. They are methods by which the State interferes with
private rights
4. They all presuppose an equivalent compensation for the
private rights interfered with
CLARITO NOTES | Constitutional Law | Isagani Cruz | 2007
5. They are exercised primarily by the legislature
DIFFERENCES
What are the differences of the three (3) Police Power Power of Eminent Power of Taxation
inherent powers of the state Domain
1. Regulates both Regulates property Regulates property
[PET] liberty and rights rights
1. Police Power property rights
2. Power of Eminent Domain 2. Exercised ONLY May be exercised Exercised ONLY by
3. Power of Taxation by the government by some private the government
entities
3. Property taken is Property taken is Property taken is
destroyed – intended for public intended for public
because it is use or purpose and use or purpose and is
noxious or is therefore therefore wholesome
intended for wholesome
noxious purpose
4. Compensation of Compensation Compensation
the person involved here is involved here is more
subjected here is more concrete concrete which is
the intangible which is a full and protection and public
altruistic feeling fair equivalent of improvements for the
that he has the property taxes paid
contributed to the expropriated
general welfare
LIMITATIONS
The fundamental powers of the state are regarded as NO. Ours is a government of limited powers. The prerogatives
inherent and indispensable, does that mean that the of our government’s powers may NOT be exercised arbitrarily
state’s powers have no restrictions to the prejudice of the Bill of Rights
What is the presumption in a libertarian society? The presumption in a libertarian society is in favor of private
rights and against attempts on the part of the State to interfere
with them.
What should be the construction of constitutional Liberal construction
provisions with regards to the security of persons and
property
Since constitutional provisions are subject to liberal Limitations and requirements of the constitution and in proper
construction, the exercise of the fundamental rights cases be annulled by the court of justice
and powers is subject at all times to the
CHAPTER 5: THE POLICE POWER