Chapter 1-5 RN
Chapter 1-5 RN
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
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) 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.
[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
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
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 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.
SC: reversed the ruling of the lower court thru Justice Hilario G.
Davide, Jr.
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.
[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
Total nullity
Modern View As laid down in the case Sheppard v. Barren
Less stringent
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