Article Ii: Declaration Of Principles And State Policies Reviewer 645f4n
This document was ed by and they confirmed that they have the permission to share it. If you are author or own the copyright of this book, please report to us by using this report form. Report 2z6p3t
Overview 5o1f4z
& View Article Ii: Declaration Of Principles And State Policies Reviewer as PDF for free.
More details 6z3438
- Words: 7,774
- Pages: 10
ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICIES Declaration of Principles and State Policies = statement of the basic ideological principles and policies that underlie the Constitution. The provisions shed light on the meaning of the other provisions of the Constitution and they are a guide for all departments of the government in the implementation of the Constitution. • •
Principles = binding rules which must be observed in the conduct of government (1-6) o Not all 6 principles are self-executory Policies = guidelines for the orientation of the state (7-28) Some policies already anchor justiciable rights. Kilosbayan v. Morato = read Sec 5, 12, 14, and 17 as mere “guidelines” which do not yet confer rights enforceable by courts but recognized Section 16 as a right-conferring provision because it speaks of “the right of the people”
PRINCIPLES Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. A state is a community of persons more or less numerous permanently occupying a definite portion of territory independent of external control and possessing an organized government to which a body of inhabitants render habitual obedience. Four requirements for a government: •People •Territory •Sovereignty •Government
• Sovereignty is defined by Jellinek as the supreme power to affect all legal interests either by executive, legal, or judicial action. Constitutional Authoritarianism = understood and practiced in the Marcos regime under the 1973 Constitution was the presumption of the extraordinary powers by the President INCLUDING LEGISLATIVE AND JUDICIAL and even constituent powers, where such assumption is authorized bu the letter or at least the SPIRIT OF LEGITIMATELY ENACTED CONSTITUTION. • Consti Authoritarianism is compatible with a republican state if the Consti upon which the Executive bases his assumption of power is a legitimate expression of the people’s will • And if the executive who assumes power receives his office thru a valid election by the people. • Why? Because a republican state is nothing more than a state where sovereignty resides in the people and where all government authority emanates from the people. Nature and functions of Government • Government – that institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state • Or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them • 3 great departments: LEGISLATIVE (6), EXECUTIVE (7), JUDICIARY (8) • 2 function of Govt o CONSTITUENT – compulsory o MINISTRANT – constitute the very bonds of society People v. Gozo •
•
• •
State = legal concept / Nation = ethnic concept • Legal Sovereignty = the supreme power to make law. Lodged in the people • Political Sovereignty = the sum total of all influences in a state, legal and non-legal, which determine the course of law.
•
A republican state implies a representative government while a democratic state implies a direct democracy. • Republican state = all government authority emanates from the people and is exercised by representatives chosen by the people • We are not only representative or republican, we also share aspects of direct democracy such as INITATIVE AND REFERENDUM (Art VI, Sec. 32) • Sovereignty is the power to make legal decisions. • All sovereignty resides in the people, and whatever power you have has to be given to you.
•
•
Her house was constructed within the naval base leased to the American armed forces. She seeks to emasculate our sovereign rights by the assertion that we cannot exercise therein istrative jurisdiction. Court ruled that the govt is merely gave consent to the US to exercise jurisdiction in certain cases. Auto-limitation = a state if it chooses to may refrain from the exercise of what otherwise is illimitable competence Allowing another power to participate in the exercise of jurisdictional right over certain portions of its territory. IF IT DOES SO, IT BY NO MEANS FOLLOWS THAT SUCH AREAS BECOME IMPRESSED WITH AN ALIEN CHARACTER. THEY RETAIN THEIR STATUS AS NATIVE SOIL. THEY ARE STILL SUBJECT TO ITS AUTHORITY Philippines have NOT abdicated its sovereignty over the bases as part of the Philippine territory or divested itself completely of jurisdiction of such offenses committed therein. Bases = they are NOT and CANNOT be foreign territory
Doctrine: The Philippine government merely consents to a foreign state’s jurisdiction in certain areas as a matter of comity, courtesy, or expediency. The US has prior or preferential, but not exclusive jurisdiction, and the Philippines does not divest itself of jurisdiction over offenses committed inside the military bases. The bases are not foreign territory. Functions of Government As defined in Bacani v. NACOCO, the functions of government are classified into constituent and ministrant functions. Constituent Functions The constituent functions of government are the compulsory
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
1
functions of government that constitute the very bonds of society. As enumerated by Woodrow Wilson, they are: 1. The keeping of order and providing for the protection of persons and property from violence and robbery. 2. The fixing of legal relations between man and wife and between parents and children. 3. The regulation of the holding, transmission, and interchange of property, and the determination its liabilities for debt or for crime 4. The determination of contract rights between individuals. 5. The definition and punisment of crime. 6. The istration of justice in civil cases. 7. The determination of the political duties, privileges, and relations of citizens 8. Dealings of the state with foreign powers: the preservation of the state from external danger or encroachment and the advancement of its international interest. It is opined that housing for the people and the compelling demands of social justice now fall under the ambit of a government’s constituent functions. Bacani v. NACOCO – issue was WON NACOCO was part of “government” or not. Since NACOCO was a corporation with personality distinct from government and could not therefore claim the privileges which flow from sovereignty. When, however, government chooses to operate not thru a government owned corporation but thru an incorporated agency, the distinction between constituent can be useful. Ministrant Functions Ministrant functions of the government are the optional functions that are intended for achieving a better life for the community. The principles for determining whether or not the government shall exercise these functions are:
• •
that a government should do for the public welfare those things that private capital would not naturally undertake that a government should do those things which by its very nature it is better equipped to ister for the public welfare than any private individual or group of individuals.
ACCFA v. CUGCO – Issue was the characterization of the functions of a government agency charged with the implementation of the land reform program. The function may not strictly be CONSTITUENT in the sense of BACANI. But the compelling urgency with the Constitution speaks of SOCIAL JUSTICE does not leave any doubt that land reform is not an optional but a CUMPOLSARY function of sovereignty. State, government, and istration State is the corporate entity, government is the institution that implements the will of the State, and istration refers to the people running the institution. De facto government Judicial acts and proceedings of de facto governments remain good and valid even after the liberation or reoccupation of the Philippines by the American and Filipino forces.
• The second is a government established and maintained by military forces who invade and occupy a territory of the enemy in the course of war, and which is denominated a government of paramount force (Japanese Occupation) • The third kind is that established as an independent government by the inhabitants of a country who rise in insurrection against the parent state (Southern Confederacy) • Of the second kind, denominated as a government of paramount force. Distinguishing Characteristics of a De Facto government: • Its existence is maintained by active military power within the territories and against the rightful authority of an established and lawful government • While it exists it must necessarily be obeyed in civil matters by private citizens, who by obedience rendered in submission to such force, do not become responsible as wrongdoers for those acts, though not warranted by the laws of the rightful government. Philippine Government promulgated during the Japanese years = DE FACTO GOVERNMENT OF THE SECOND KIND The legislative and judicial acts of de facto government = VOID AB INITIO. In Re: Letter of Associate Justice Puno Synopsis With respect to the Aquino government of 1986, it can be said that the organization of Mrs. Aquino’s government was met by little resistance and her control of the state evidenced by the appointment of the Cabinet and other key officers of Cabinet officials, revamp of the Judiciary, and the Military signaled the point where the legal system in effect had ceased to be obeyed by the Filipino people. REVOLUTIONARY. C. Republic v. Sandiganbayan Issue: Legality of search and seizure after the 1987 constitution was promulgated. Illegal search = against the bill of rights. Patterns of Government What superficially appears to be a bewildering variety of applications of constitutional democracy can be reduced to the following basic patterns: • Direct government – the people, organized as the electorate, are the preponderant power holder (Ancient Greek City-States) • Assembly government – name for the pattern which the parliament as the representation of the people is the preponderant power holder (China, former USSR) o Legislative assembly holds undisputed supremacy over all other state organs, subject only to the sovereign electorate renewing it at regular intervals o Incompatible with bicameralism o Chief of state – ceremonial
•
Go Kim Chan v. Valdez Tan Keh Doctrine There are three kinds of de facto governments. Is the government established by the Japanese DE FACTO? KINDS OF DE FACTO GOVERNMENT • First, is when the government de facto gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal government and maintains itself against the will of the latter. (Cromwell’s England) Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
Parliamentarism – where there exists an equilibrium between the independent power holders, parliament and government, and is attempted by the integration of the two. There are two widely divergent forms of this type, where the parliament is superior in political power to the cabinet (French model) or vice versa (British model). o 6 STRUCTURAL ELEMENTS COMMON TO ALL PARLIAMENTARY GOVERNMENTS: of the government are also of the parliament. • RATIONALE: So the Assembly can subject
2
them to political responsibility by making them stand up in the midst and for their conduct of office. Government/Cabinet consists of the political leaders of the majority party Pyramidal structure with the Prime Minister as its apex and recognized leader • PM exercises undisputed supremacy over his ministerial colleagues. Government remains in power so long as it commands the of the majority of the of the parliament • Power is lost when majority withdraws its
•
•
•
General elections change the majority structure of parliament Policy decision is shared by the government and the parliament It is in POLICY CONTROL that the crux of the pattern of a parliamentary government lies • Dissolution and vote of non-confidence belong together like piston and cylinder Cabinet – prime minister and cabinet over the parliament o MAIN FEATURES: Existence of 2 alternating parties possessing even chances in the long run becoming the majority party Cabinet is relatively a small committee composed of leaders of the majority party The official leader of the winning party is the prime minister designate. Undisputed leader and superior of his cabinet whose he choose upon his discretion Policy decision is in the hands of PM and cabinet, the commons are granted only that degree of participation in the policy execution by legislation that the prevailing political climate of public opinion demands Policy control is vested in both houses of the parliament and the electorate Majority of the parliament = men of intelligence, integrity, and experience. PARTY DICSIPLINE! Presidential – If the independent power holders, government and parliament, are kept separated but are constitutionally obligated to corporate for the formation of the will of the state, interdependence is achieved by coordination.
Marcos Dictatorship and Parliamentarism vs. Presidential Government
The Marcos government was a presidential form of government. A presidential form of government has these distinguishing features: • separation of powers • the preeminence of the President First of all, Marcos inherited the powers of the President as defined in the 1935 Constitution. He was also superior to the Prime Minister by the fact that he nominated the Prime Minister, approved the program of government to be istered by the Prime Minister, terminated the term of the Prime Minister if and when he nominates his successor, and could delegate powers to the Prime Minister. He also had control over the ministries. Moreover, while there was a closer relationship between the executive and legislative, thereby manifesting some aspects of parliamentarism, there was a definite separation. Separation from the Judiciary was also maintained.
Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Renunciation of war
• •
The war that is renounced is an aggressive and not a defensive war. Congress = power to declare a state of war
Adoption of International law
• • • •
• •
International law can only become part of municipal law through the appropriate constitutional machinery, such as an act of parliament or Congressional legislation. TRANSFORMATION and INCORPORATION Sec. 2 Art II accepts doctrine of incorporation. International law has the same force as domestic law Cases of Mejoff v. Director of Prisons (alien of Russian descent who had been detained. Invoked the Universal Declaration of Human Rights) AGUSTIN V. EDU – use of early warning devices. Court ruled that the 1968 Vienna Convention on Road Signs and Signals had been ratified Although the doctrine of incorporation tells us that public international law carries the same weight as statutory law, when it comes to general principles of international law, the ones that will be adopted by the country are arrived at through jurispruidential development.
Adherence to policy of peace, freedom, amity •
Foreign policy = national interest
Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
3
people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. The section is divided into two clauses, the Civilian Supremacy clause and the Mark of Sovereignty clause. • • • •
Civilian Supremacy - Civilian authority is, at all times, supreme over the military. Mark of Sovereignty -The AFP is the protector of the people and the state. “As politics get into the army, the army gets into politics”. MARTIAL LAW. Armed forces = protector of the state
Mark of Sovereignty The MoS clause is, in capsule form, the description of a soldier’s vocation. The soldier is supposed to renounce political ambition because he finds nobility and dignity and honor in being the guardian of the people and of the integrity of the national territory of a legitimate government. This is not a principle, which once articulated, creates the reality that it seeks to describe. To keep the dream of civilian supremacy alive, two elements are needed: a civilian government that is both legitimate and stable, and an armed force of the highest professionalism.
Section 4. 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 or civil service. Compulsory military and civil service; protection of people and State •
• •
Volunteer system – entrusting the sacred mission of defending the country to men lacking in capacity who have proved failures in other fields of activity (like in Korea) People v. Lagman – the accused was prosecuted for failing to for military service under the National Defense Act. Act is NOT unconstitutional. People v. Manayo
Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. • •
Section 7. The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination. An Independent foreign policy • Discussions on the future of the military bases in Subic and Clark • Closest reference to military bases that a dominant majority in the ConCom would allow in the body of the consti
Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory. • • •
•
Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. Section 10. The State shall promote social justice in all phases of national development. •
• •
Peace, order, and general welfare Padilla: provision recognized a hierarchy of rights – LIFE (1), LIBERTY (2), PROPERTY (3)
Section 6. The separation of Church and State shall be inviolable. •
A policy of freedom from nuclear weapons 2 questions: 1. What are banned by the provision 2. How absolute is the ban? “not only possessing weapons but also NUCLEAR TESTS in our territory as well as the use of our territory as dumping ground for radioactive wastes (JPEPA?!)” Not a ban on the peaceful uses of nuclear energy
Article III, Section 5
STATE POLICIES
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
SOCIAL JUSTICE – equalization of economic, political, and social opportunities with special emphasis on the duty of the state to tilt the balance of social forces by favouring the disadvantaged in life Common tao, PREFERENTIAL OPTION FOR THE POOR Tondo Medical Center Employees v. CA o HEALTH SECTOR REFORM AGENDA (HSRA) = Making free medicine and free medical services inaccessible to economically disadvantaged principles o Petitioners requests that HRSA declared VOID because it counters to the aspiration and ideals of the Filipino people as embodied in the Constitution o “As a general rule, provisions of the constitution are considered SELFEXECUTING and do not require future legislation for their enforcement. For if they are not treated as self-executing, the mandate of the fundamental law can be easily nullified by the inaction of congress. However, some provisions have already
4
o
been categorically declared by this court as non-self executing” TANADA V. ANGARA – “These principles in Art II are NOT intended to be self-executing principles ready for enforcement thru the courts. They are used by the judiciary as aids or guides in the exercise of its power of judicial review, and by the legislature in its enactment of laws”
patriotism and nationalism, and encourage their involvement in public and civic affairs.
• •
o
NON-SELF EXECUTIN: 5 (church and state), 9 (promote dynamic social order), 10 (social justice), 11 (dignity), 12 (sanctity of family life), 15 (right of health), 18 (labor) BASCO V. PAGCOR – Sec 11 (dignity), 12 (sanctity of family life) and 13 (youth) of Art II ARE NOT SELF-EXECUTING PROVISIONS. These cannot give rise to a cause of action in the courts. They do not embody judicially enforceable consti rights
Section 11. The State values the dignity of every human person and guarantees full respect for human rights. Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the of the Government. • • • •
“FAMILY” – a stable, heterosexual relationship Family is anterior to the state and is not a creature of the state It protects the family from the instrumentalization by the state 2 points on the legal meaning and purpose of the protection that is guaranteed for the unborn: o 1. THIS IS NOT AN ASSERTION THAT THE UNBORN IS A LEGAL PERSON o THIS IS NOT AN ASSERTION THAT THE LIFE OF THE UNBORN IS PLACED EXACTLY ON THE LEVEL TO SAVE THE LIFE OF THE MOTHER o When the life of the mother needs to be saved, the unborn can be sacrificed but not merely when the purpose is to save the mother from emotional suffering o Roe v. Wade – liberalized abortion laws up to the 6th month of pregnancy by allowing abortion any time in the first 6th months o Roe was overturned by CASEY. 4th month with undue burden test and will inform the parents and father
Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth
As to the education of children, the rights of the State and parents are delineated, as the primary right belongs to the parents and affirms the secondary and ive role of the state. The State, as parens patriae, may step in when a natural parent cannot or fails to cope with the duties of raising his or her children.
Section 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men. • •
Fundamental equality between men and women before the law The provision is worded as not to dislocate the Civil Code and the jurisprudence on the subject. What it does is to give impetus to the removal, through statutes, of existing inequalities. The general idea is for the law to ignore gender in determining rights and duties
Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them. Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. This provision recognizes an enforceable right. This is illustrated in the following cases. Oposa v. Factoran •
• •
The subject matter of the complaint is the general interest of all citizens of the Philippines. The petitioner minors assert that they represent their generation and the generations yet unknown. Their personality to sue in behalf of succeeding generations is based on the concept of intergenerational responsibility. Every generation has a responsibility to the next to preserve the rhythm and harmony for the full enjoyment of a balanced ecology. Intergenerational responsibility and justice Minors: 1) cancel all existing timber license agreements in the country and 2) cease and desist from receiving, accepting, renewing, or approving new timber license agreements
Laguna Lake Appeals
Development
Authority
v.
Court
of
•
Some residents near the dumpsite in Caloocan were concerned about pollution. The LLDA issued a cease and desist order because of its harmful effects on the residents and the possible pollution to the receiving streams. The Court upheld the LLDA ruling.
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
5
Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. This does not mean that the government is not free to balance the demands of education against other competing and urgent demands.
Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. This means that the human factor has primacy over the nonhuman factor in production.
Section 19. The State shall develop a selfreliant and independent national economy effectively controlled by Filipinos. • •
This is a guide for interpreting provisions on the national economy and patrimony Any doubt must be resolved in favour of self-reliance and independence in favour of Filipinos
Garcia vs Board of Investments • • • •
• •
Transfer of the petrochemical plant in Bataan to Batangas Taiwanese want to transfer the site to Batangas because of employment issues. Issue: WON the foreign investor has the right of final choice of plant site BOI committed a grave abuse of discretion in approving the transfer of the petrochemical plant from Bataan to Batangas and authoring change of feedstock from naptha oly naptha and LPG for the main reason that the final say is in the investor all other circumstances to the contrary notwithstanding Consti = NATIONAL INTEREST Other case: Manila Prince Hotel
Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments. •
MARINE RADIO COMMUNICATIONS ASSOCIATION V. REYES – “Article II, Section 20 is no more than an acknowledgement of the importance of private initiative in building the nation. However, it is not a call for official abdication of duty to citizenry”
Section 21. The State shall promote comprehensive rural development and agrarian reform. Comprehensive rural development also includes: 1. Social 2. Economic 3. Human 4. Cultural 5. Political and 6. Industrial development
Section 22. promotes the communities national unity •
The State recognizes and rights of indigenous cultural within the framework of and development.
Indigenous and cultural communities are discussed under National Economy and Patrimony (XII) and LG (X)
Section 23. The State shall encourage nongovernmental, community-based, or sectoral organizations that promote the welfare of the nation. Section 24. The State recognizes the vital role of communication and information in nation-building. *The 1986 Constitutional Commission refused to impose a “social responsibility” on media imposing such a duty will open the door for the state to require media to follow a certain line *Note: Article XVI Sec. 10-11 Art. XVI Sec. 10. The State shall provide the policy environment for the full development of Filipino capability and the emergence of COMMUNICATION STRUCTURES suitable to the needs and aspirations of the nation and the BALANCED FLOW OF INFORMATION into, out of, and across the country, in a accordance with a policy that respects FREEDOM OF SPEECH. Communication Policy-includes within its scope COMMERCIAL TELECOMMUNICATIONS, MASS MEDIA, and ADVERTISING. This section is concerned with the AVAILABILITY and REACH of communication facilities. The State may exercise its authority TO MAINTAIN a PROPER COMMUNICATION ENVIRONMENT by ordering a PRIVATE telephone company to allow interconnection. e.g. Philippine Long Distance Telecommunications Commissions:
Co.
vs.
National
The Court: The interconnection which has been required of PLDT is a form of intervention with property rights...The decisive considerations are PUBLIC NEED, PUBLIC INTEREST and the COMMON GOOD...To these PUBLIC and NATIONAL INTERESTS, PUBLIC UTILITY COMPANIES must bow and yield. Art. XVI Sec. 11. (1) The OWNERSHIP and MANAGEMENT of MASS MEDIA shall be limited to CITIZENS of the PHILIPPINES, or to corporations, cooperatives or associations, WHOLLYOWNED and MANAGED by such CITIZENS. The CONGRESS shall REGULATE or PROHIBIT MONOPOLIES in COMMERCIAL MASS MEDIA when the PUBLIC INTEREST so requires. (2) The ADVERTISING industry is impressed with PUBLIC INTEREST, and shall be regulated by law for the PROTECTION OF CONSUMERS and the PROMOTION of the GENERAL WELFARE. ONLY FILIPINO CITIZENS or corporations or associations at least SEVENTY PER CENTUM of the capital of which is owned by such citizens shall be allowed to engage in the advertising industry.
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
6
The participation of FOREIGN INVESTORS in the governing body of entities in such industry shall be LIMITED TO THEIR PROPORTIONATE SHARE in the capital thereof, and all the EXECUTIVE and MANAGING OFFICERS of such entities MUST BE CITIZENS OF THE PHILIPPINES.
Local Autonomy-means more than just decentralization:
*The Consti. Commission did not succeed in formulating a definition of MONOPOLIES
(1) broaden the base of government power making local governments more RESPONSIVE and ABLE
MASS MEDIA-includes radio, television, and the printed media. It does not include commercial telecommunications, which are governed as public utilities, nor the advertising industry.
(2) ensure their communities
PUBLIC UTILITY-a utility corporation which renders service to the general public for COMPENSATION. Its service is not confined to privileged individuals but is OPEN TO AN INDEFINITE PUBLIC. It is a business or service engaged in regularly supplying the public with some commodity or service of PUBLIC CONSEQUENCE (Iloilo Ice and Cold Storage Co. v. Public Utility Board, Art. XII Sec. 11).
Section 25. The State shall ensure the autonomy of local governments. *Note: Article X Sec. 1-3 Art. X Sec. 1. The TERRITORIAL and POLITICAL SUBDIVISIONS of the Republic of the Philippines are the PROVINCES, CITIES, MUNICIPALITIES, and BARANGAYS. There shall be AUTONOMOUS REGIONS in MUSLIM MINDANAO and THE CORDILLERAS as herein after provided. PROVINCES, CITIES, MUNICIPALITIES, and BARANGAYS-fixed as the standard TERRITORIAL and POLITICAL SUBDIVISIONS of the Philippines AUTONOMOUS REGION-a BODY CORPORATE consisting of provinces, cities, and municipalities. Creation of other autonomous regions can only be accomplished by CONSTITUTIONAL AMENDMENT. The right of PROVINCES, CITIES, MUNICIPALITIES, BARANGAYS, and AUTONOMOUS REGIONS to exist as the TERRITORIAL and POLITICAL SUBDIVISIONS of the state is no longer just a STATUTORY RIGHT but a CONSTITUTIONAL RIGHT. Salient Criteria for AUTONOMY: (1) AUTONOMY should be compatible with NATIONAL GOALS (2) AUTONOMY should ensure WIDEST PARTICIPATION and INITIATIVE to the local government unit (3) AUTONOMY should assure the development of SELFRELIANT communities LOCAL GOVERNMENT-a POLITICAL SUBDIVISION of a nation or a state which is CONSTITUTED BY LAW and has SUBSTANTIAL CONTROL of LOCAL AFFAIRS. Unitary System of the Philippines: LOCAL GOVERNMENT can only be an infra-sovereign subdivision of ONE SOVEREIGN NATION. It cannot be an imperium in imperio but only: (1) a measure of autonomy (2) decentralization of the FUNCTIONS of GOVERNMENT Art. X Sec. 2. The TERRITORIAL and SUBDIVISIONS shall enjoy LOCAL AUTONOMY.
POLITICAL
Decentralization of ISTRATION-when the CENTRAL GOVERNMENT delegates ISTRATIVE powers to political subdivisions in order to:
fullest
development
as
SELF-RELIANT
(3) make them more effective PARTNERS in the pursuit of NATIONAL DEV’T. and PROGRESS (4) relieves THE CENTRAL GOVERNMENT the burden of managing LOCAL AFFAIRS, enabling it to focus on NATIONAL CONCERNS Decentralization of POWER-involves an abdication of POLITICAL POWER in favour of LOCAL GOVERNMENT UNITS declared to be AUTONOMOUS. The AUTONOMOUS GOVERNMENT becomes able not to the CENTRAL AUTHORITIES but to ITS CONSTITUENCY. *The meaning of LOCAL AUTONOMY under the 1987 Constitution, HOWEVER, was effectively thrown down to the LEVEL OF AUTONOMY under the 1935 Constitution. e.g. Magtajas v. Pryce Properties: GOV’T OF CAGAYAN DE ORO CITY contended that it could prevent the PAGCOR from operating a casino in the city, under its authority to prohibit gambling. PAGCOR, however, had authority under P.D. No. 1869 to CENTRALIZE and REGULATE all games of chance under territorial jurisdiction of the Philippines. THE COURT ruled that: CDO City could not curtail PAGCOR’S authority. Municipal governments are ONLY AGENTS of the national government. Municipal corporations owe to, and derive their powers and rights wholly from the LEGISLATURE. Lina, Jr. v. Pano: an attempt by the provincial government to PROHIBIT LOTTO. THE COURT ruled: The provincial government may not prohibit lotto. *Commision on Audit MAY NOT reduce the allowance given to JUDGES by LOCAL GOVERNMENTS, as the LOCAL GOVERNMENT CODE authorizes LOCAL GOVERNMENTS to give allowance to judges and decide how much this should be. San Juan v. Civil Service Commission: Facts: By E.O. No. 112, authority to appoint a Provincial Budget Officer (PBO) had been given to the SECRETARY OF BUDGET MANAGEMENT upon RECOMMENDATION of the LOCAL EXECUTIVE concerned. The person recommended by the PROVINCIAL GOVERNOR, however, did not possess the necessary qualifications. Hence, the c appointed somebody else of his own choice. Issue: The authority to appoint a PBO. Held: THE COURT rules that if the recommendee of the PROVINCIAL GOVERNOR is not qualified, the SECRETARY OF BUDGET MANAGEMENT must ask for new recommendees with the necessary eligibility. San Juan was aware that there are factors about life in a local community about which the CENTRAL GOVERNMENT is NOT the best judge. THE COURT: “More important is the proper istration of FISCAL AFFAIRS at the LOCAL LEVEL”. Laguna Lake Dev’t. Authority v. Court of Appeals
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
7
Facts: The Task Force Camarin Dumpsite filed a complaint with the Laguna Lake Dev’t. Authority (LLDA) seeking to stop the operation of the garbage dumpsite in Tala Estate, Brngy. Camarin, Caloocan City due to its harmful effects on the health of the residents and the possibility of pollution of the water content of the surrounding area. The LLDA found out that the City Government was not able to secure an Environmental Compliance Certificate (ECC) from the Environmental Management Bureau (EMB) before maintaining an open dumpsite. The LLDA issued a CEASE and DESIST ORDER ordering the City Government of Caloocan to stop dumping garbage at the Camarin Dumpsite. Less than a year later, the dumping operation was resumed after a meeting among the City Government of Caloocan. The LLDA then issued another order reiterating the CEASE AND DESIST ORDER previously issued. The City Government filed with the RTC DECLARATION OF NULLITY of the CEASE AND DESIST ORDER. Issue: Which agency can lawfully exercise jurisdiction over the matter? Held: The Supreme Court denied to the municipalities around Laguna Lake and here, the City Government of Caloocan, the power to authorize the construction or dismantling of fishpens, fish enclosures, and the like (in this case a garbage dumpsite) in Laguna Lake. The COURT ruled that the SPECIFIC POWER of the LLDA must prevail over the GENERAL POWER of LOCAL GOVERNMENTS.
SOLE AND EXCLUSIVE RIGHT to decide on whether to INITIATE a recall proceeding or not. Issue: Whether the Local Government Code also authorizes local government units to have a sole and exclusive right to decide on whether there should be a recall proceeding or not. Held: The COURT did not agree with Governor Garcia and stated that the CONGRESS has made its choice as called for by the constitution and it is not the prerogative of this court to supplant this judgement. There is nothing in the CONSTITUTION that will remotely suggest that the people have the “sole and exclusive right to decide on whether to initiate a recall proceeding.” CONGRESS was not straight jacketed to one particular mechanism of initiating recall elections and was given the POWER TO CHOOSE the effective mechanism of recall AT ITS DISCERNMENT. It is the LEGISLATIVE that determines the necessity, adequacy, wisdom and expediency of law. Principal Guidelines given to CONGRESS for structuring LOCAL GOVERNMENT UNITS: (1) The structure must be RESPONSIVE and ABLE (2) It must be DECENTRALIZATION
instituted
through
a
SYSTEM
OF
The issuance of the CEASE AND DESIST ORDER by the LLDA is a proper exercise of its power and authority under its charter and amendatory laws. This charter of LLDA, R.A. 4850 have provided the power to institute “necessary legal proceeding against any person who shall commence to implement or continue implementation of any project, plan or program WITHIN THE LAGUNA DE BAY REGION without previous clearance from the LLDA.” In addition, E.O. 927 series of 1983 confers on the LLDA the power “to make, alter or modify orders requiring the discontinuance of pollution.”
Section 26. The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.
Art. X Sec. 3. THE CONGRESS shall enact a LOCAL GOVERNMENT CODE which shall provide for a more RESPONSIVE and ABLE local government structure instituted through a SYSTEM OF DECENTRALIZATION with effective mechanism of RECALL, INITIATIVE, and REFERENDUM, ALLOCATE among the different local government units their powers, responsibilities, and resources, and provide for the QUALIFICATIONS, ELECTION, APPOINTMENT AND REMOVAL, TERM, SALARIES, POWERS AND FUNCTIONS AND DUTIES OF LOCAL OFFICIALS, and all other matters relating to the organization and operation of the local units.
*The meaning of POLITICAL DYNASTIES has been left for CONGRESS to define:
INITIATIVE AND REFERENDUM-the legal process whereby the ed voters of a LOCAL GOVERNMENT UNIT may DIRECTLY propose, enact, or amend any ordinance. The COURT has ruled that, even as worded, the statute authorizes INITIATIVE AND REFRENDUM not just on ordinances BUT ALSO ON RESOLUTIONS RECALL-as an instrument for effecting official ability, is a DEVICE or PROCEDURE by which a public official’s tenure may be terminated by POPULAR VOTE. It may be applied to both ELECTIVE and APPOINTIVE officials. e.g. Garcia v. Commission on ElectionsFacts: The 1991 Local Government Code authorized PROVINCES, CITIES, LEGISLATIVE DISTRICTS AND MUNICIPALITIES to have a PREPARATORY RECALL ASSEMBLY authorized to initiate the recall of an elective official. Governor Garcia contended that such a right includes the
*The establishment of political dynasties is an effective way of MONOPILIZING and PERPETUATING power. BUT the argument that the ELECTORATE should be LEFT FREE TO DECIDE is not without VALIDITY.
DEAN BAU: POLITICAL DYNASTIES still has no definition to date. The question is “are the principles CORRECT and can they be IMPLEMENTED?” A. Pamatong v. Comelec – article is not self-executing Facts: PETITIONER Rev. Ely Pamatong filed his Certificate of Candidacy. The COMELEC refused to give due course to the PETITIONER’S Certificate of Candidacy. PETITIONER sought to reverse the resolutions which were allegedly rendered in violation of his right to “equal access to opportunities for public service” under Sec. 26, Art. II. Issue: Whether denial of PETITIONER to run for the presidency violative of his right to “equal access to opportunities for public service” under Sec. 26, Art. II. Held: No. The provision is not intended to compel the state to enact positive measures that would accommodate AS MANY PEOPLE AS POSSIBLE into public office. There is no CONSTITUTIONAL RIGHT to run for or hold public office. What is recognized is merely a privilege subject to LIMITATIONS imposed by law. Some valid limitations specifically on the privilege to seek elective office are found in the provisions of the OMNIBUS ELECTION CODE on “NUISANCE CANDIDATES” and COMELEC Resolution No. 6452, wherein the COMELEC may motu proprio refuse to give due course to or cancel a Certificate of Candidacy.
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
8
Section 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. *NOTE: Article XI Art. XI Sec. 1. PUBLIC OFFICE is a PUBLIC TRUST. Public officers and employees must at all times be ABLE to the people, serve them with utmost RESPONSIBILITY, INTEGRITY, LOYALTY, AND EFFICIENCY, act with PATRIOTISM and JUSTICE, and lead MODEST lives. The provisions of Art. XI are ABILITY from public officers
designed
to
exact
Art. XI Sec. 2. The PRESIDENT, THE VICE-PRESIDENT, THE OF THE SUPREME COURT, THE OF THE CONSTITUTIONAL COMMISSIONS, AND THE OMBUDSMAN may be removed from office, ON IMPEACHMENT for, and CONVICTION OF, CULPABLE VIOLATION OF THE CONSTITUTION, TREASON, BRIBERY, GRAFT and CORRUPTION, OTHER HIGH CRIMES, or BETRAYAL OF PUBLIC TRUST. All other public officers and employees may be removed from office as provided by law, but NOT BY IMPEACHMENT. The 2 exceptions of JUDICIAL INDEPENDENCE: (1) power of the COMELEC and of the ELECTORAL TRIBUNALS to be judges of ELECTIONS CONTESTS (2) power of IMPEACHMENT of CONGRESS, the exercise of which is an act of POLITICAL JUSTICE** IMPEACHMENT PROCESS-The RIGHT to be removed ONLY BY IMPEACHMENT is the Constitutions strongest guarantee of SECURITY OF TENURE. The guarantee effectively blocks the use of other legal ways of ousting an officer. •
makes the president immune from LEGAL ACTION
•
but at the same time REMOVABLE in extreme cases
e.g. In re Gonzales-the suggestion that a Supreme Court justice may be subjected to disbarment proceedings was dismissed by THE COURT: “A public officer...who may be removed from office only by impeachment, cannot be charged with disbarment during the incumbency of such public officer”. The object of the process is NOT TO PUNISH but ONLY TO REMOVE a person from office REMOVAL and DISQUALIFICATION are the only punishments that can be imposed upon conviction on impeachment. CRIMINAL and CIVIL LIABILITY can follow AFTER the officer has been removed by IMPEACHMENT. Art. XI Sec. 4. The present ANTI-GRAFT COURT known as the SANDIGANBAYAN shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law. *The SANDIGANBAYAN-shall have the jurisdiction over CRIMINAL and CIVIL cases involving GRAFT and CORRUPT practices. Art. XI Sec. 15. The RIGHT OF THE STATE to RECOVER PROPERTIES unlawfully acquired by PUBLIC OFFICIALS of EMPLOYEES, from them or from their nominees or transferees, shall not be barred by PRESCRIPTION, LACHES, OR ESTOPPEL. PRESCRIPTION-A method of acquiring or extinguishing rights through the inaction of the legal owner
LACHES-A legal doctrine whereby those who take too long to assert a legal right, lose their entitlement to a right or compensation. ESTOPPEL-A bar preventing one from making an allegation or a denial that contradicts what one has previously stated as the truth. R.A. 1379 Sec. 11: “The laws concerning acquisitive prescription and limitation of actions CANNOT BE INVOKED by, nor shall they benefit the RESPONDENT in respect of any property UNLAWFULLY ACQUIRED by him”. Art. XI Sec. 16. No LOAN, GUARANTY, or other form of FINANCIAL ACCOMMODATION for any business purpose may be granted, DIRECTLY or INDIRECTLY, by any GOVERNMENTOWNED or CONTROLLED bank or financial institution to the PRESIDENT, THE VICE-PRESIDENT, THE OF THE CABINET, THE CONGRESS, THE SUPREME COURT, AND THE CONSTITUTIONAL COMMISSIONS, THE OMBUDSMAN, or to any firm or entity in which they have controlling interest, during their tenure. Includes only those of HIGH RANK
Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest. Art. III Sec. 7. The right of the people to information on matters of PUBLIC CONCERN shall be recognized. Access to OFFICIAL RECORDS, and to DOCUMENTS, and PAPERS pertaining to OFFICIAL ACTS, TRANSACTIONS, or DECISIONS, as well as to GOVERNMENT RESEARCH DATA used as basis for policy development, shall be afforded the citizen, subject to such LIMITATIONS as may be provided by law. e.g. Subido v. Ozaeta (Pre-1973 Case): Facts: The press wanted to examine the records of the of Deeds. Issue: Whether the press, and for that matter, the public had a CONSTITUTIONAL RIGHT to demand the examination of PUBLIC LAND records. Held: The press had a STATUTORY RIGHT to examine the records of the of Deeds because the interest of the press was REAL and ADEQUATE. Note: However, THE COURT said: We do not believe that the CONSTITUTIONAL RIGHT to FREEDOM OF SPEECH is in any way involved (in this case). Freedom of information and freedom to obtain information for publication is NOT GUARANTEED by the constitution. 1973 Constitution: Went beyond the Subido case: recognized the right of access to public documents and records as a SELF-EXECUTORY CONSTITUTIONAL RIGHT. Preserved by the 1987 Consti with the addition of “government research data” as a reaction to the government practice during the Marcos regime of withholding such data from the public. Also determined in Chavez is the extent to which the public has a right to information about the efforts of government through the PCGG to recover ILLEGALLY OBTAINED WEALTH. THE COURT: It is incumbent upon the PCGG to disclose sufficient public information...such information, though, must pertain to DEFINITE PROPOSITIONS...not to communications
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
9
during the stage when common assertions are still IN THE PROCESS of being formulated. Gonzales v. Narvasa: Issue: Whether the Executive Secretary, upon petition of a citizen, may be ordered to give access to the names of executive officials holding multiple positions in government, copies of their appointments, and the list of the recipients of luxury vehicles seized by the BOC. Held: THE COURT: The information is of public concern BUT called attention to the limitations on the right found in R.A. No. 6713 the “Code of Conduct and Ethical Standards for Public Officials and Employees”, which provides that in the performance of their duties, all public officials and employees are obliged to respond to letters sent by the PUBLIC within 15 working days... Lantaco, Sr. v. Llamas: THE COURT: While the public officers in custody or control of public records have the discretion to REGULATE, such discretion does not carry with it the AUTHORITY TO PROHIBIT access, inspection, examination or copying. GSIS: In granting loans, exercises a PROPRIETARY FUNCTION does not justify the exclusion of the transactions from the coverage and scope of the RIGHT TO INFORMATION. As a government institution, it may be compelled to show documents evidencing BEHEST LOANS even if they are proprietary in nature. COMELEC: The refusal of the COMELEC to reveal the names of the nominees for party-list seats violates the right of the people to information on matters of PUBLIC CONCERN.
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
10
Principles = binding rules which must be observed in the conduct of government (1-6) o Not all 6 principles are self-executory Policies = guidelines for the orientation of the state (7-28) Some policies already anchor justiciable rights. Kilosbayan v. Morato = read Sec 5, 12, 14, and 17 as mere “guidelines” which do not yet confer rights enforceable by courts but recognized Section 16 as a right-conferring provision because it speaks of “the right of the people”
PRINCIPLES Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. A state is a community of persons more or less numerous permanently occupying a definite portion of territory independent of external control and possessing an organized government to which a body of inhabitants render habitual obedience. Four requirements for a government: •People •Territory •Sovereignty •Government
• Sovereignty is defined by Jellinek as the supreme power to affect all legal interests either by executive, legal, or judicial action. Constitutional Authoritarianism = understood and practiced in the Marcos regime under the 1973 Constitution was the presumption of the extraordinary powers by the President INCLUDING LEGISLATIVE AND JUDICIAL and even constituent powers, where such assumption is authorized bu the letter or at least the SPIRIT OF LEGITIMATELY ENACTED CONSTITUTION. • Consti Authoritarianism is compatible with a republican state if the Consti upon which the Executive bases his assumption of power is a legitimate expression of the people’s will • And if the executive who assumes power receives his office thru a valid election by the people. • Why? Because a republican state is nothing more than a state where sovereignty resides in the people and where all government authority emanates from the people. Nature and functions of Government • Government – that institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state • Or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them • 3 great departments: LEGISLATIVE (6), EXECUTIVE (7), JUDICIARY (8) • 2 function of Govt o CONSTITUENT – compulsory o MINISTRANT – constitute the very bonds of society People v. Gozo •
•
• •
State = legal concept / Nation = ethnic concept • Legal Sovereignty = the supreme power to make law. Lodged in the people • Political Sovereignty = the sum total of all influences in a state, legal and non-legal, which determine the course of law.
•
A republican state implies a representative government while a democratic state implies a direct democracy. • Republican state = all government authority emanates from the people and is exercised by representatives chosen by the people • We are not only representative or republican, we also share aspects of direct democracy such as INITATIVE AND REFERENDUM (Art VI, Sec. 32) • Sovereignty is the power to make legal decisions. • All sovereignty resides in the people, and whatever power you have has to be given to you.
•
•
Her house was constructed within the naval base leased to the American armed forces. She seeks to emasculate our sovereign rights by the assertion that we cannot exercise therein istrative jurisdiction. Court ruled that the govt is merely gave consent to the US to exercise jurisdiction in certain cases. Auto-limitation = a state if it chooses to may refrain from the exercise of what otherwise is illimitable competence Allowing another power to participate in the exercise of jurisdictional right over certain portions of its territory. IF IT DOES SO, IT BY NO MEANS FOLLOWS THAT SUCH AREAS BECOME IMPRESSED WITH AN ALIEN CHARACTER. THEY RETAIN THEIR STATUS AS NATIVE SOIL. THEY ARE STILL SUBJECT TO ITS AUTHORITY Philippines have NOT abdicated its sovereignty over the bases as part of the Philippine territory or divested itself completely of jurisdiction of such offenses committed therein. Bases = they are NOT and CANNOT be foreign territory
Doctrine: The Philippine government merely consents to a foreign state’s jurisdiction in certain areas as a matter of comity, courtesy, or expediency. The US has prior or preferential, but not exclusive jurisdiction, and the Philippines does not divest itself of jurisdiction over offenses committed inside the military bases. The bases are not foreign territory. Functions of Government As defined in Bacani v. NACOCO, the functions of government are classified into constituent and ministrant functions. Constituent Functions The constituent functions of government are the compulsory
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
1
functions of government that constitute the very bonds of society. As enumerated by Woodrow Wilson, they are: 1. The keeping of order and providing for the protection of persons and property from violence and robbery. 2. The fixing of legal relations between man and wife and between parents and children. 3. The regulation of the holding, transmission, and interchange of property, and the determination its liabilities for debt or for crime 4. The determination of contract rights between individuals. 5. The definition and punisment of crime. 6. The istration of justice in civil cases. 7. The determination of the political duties, privileges, and relations of citizens 8. Dealings of the state with foreign powers: the preservation of the state from external danger or encroachment and the advancement of its international interest. It is opined that housing for the people and the compelling demands of social justice now fall under the ambit of a government’s constituent functions. Bacani v. NACOCO – issue was WON NACOCO was part of “government” or not. Since NACOCO was a corporation with personality distinct from government and could not therefore claim the privileges which flow from sovereignty. When, however, government chooses to operate not thru a government owned corporation but thru an incorporated agency, the distinction between constituent can be useful. Ministrant Functions Ministrant functions of the government are the optional functions that are intended for achieving a better life for the community. The principles for determining whether or not the government shall exercise these functions are:
• •
that a government should do for the public welfare those things that private capital would not naturally undertake that a government should do those things which by its very nature it is better equipped to ister for the public welfare than any private individual or group of individuals.
ACCFA v. CUGCO – Issue was the characterization of the functions of a government agency charged with the implementation of the land reform program. The function may not strictly be CONSTITUENT in the sense of BACANI. But the compelling urgency with the Constitution speaks of SOCIAL JUSTICE does not leave any doubt that land reform is not an optional but a CUMPOLSARY function of sovereignty. State, government, and istration State is the corporate entity, government is the institution that implements the will of the State, and istration refers to the people running the institution. De facto government Judicial acts and proceedings of de facto governments remain good and valid even after the liberation or reoccupation of the Philippines by the American and Filipino forces.
• The second is a government established and maintained by military forces who invade and occupy a territory of the enemy in the course of war, and which is denominated a government of paramount force (Japanese Occupation) • The third kind is that established as an independent government by the inhabitants of a country who rise in insurrection against the parent state (Southern Confederacy) • Of the second kind, denominated as a government of paramount force. Distinguishing Characteristics of a De Facto government: • Its existence is maintained by active military power within the territories and against the rightful authority of an established and lawful government • While it exists it must necessarily be obeyed in civil matters by private citizens, who by obedience rendered in submission to such force, do not become responsible as wrongdoers for those acts, though not warranted by the laws of the rightful government. Philippine Government promulgated during the Japanese years = DE FACTO GOVERNMENT OF THE SECOND KIND The legislative and judicial acts of de facto government = VOID AB INITIO. In Re: Letter of Associate Justice Puno Synopsis With respect to the Aquino government of 1986, it can be said that the organization of Mrs. Aquino’s government was met by little resistance and her control of the state evidenced by the appointment of the Cabinet and other key officers of Cabinet officials, revamp of the Judiciary, and the Military signaled the point where the legal system in effect had ceased to be obeyed by the Filipino people. REVOLUTIONARY. C. Republic v. Sandiganbayan Issue: Legality of search and seizure after the 1987 constitution was promulgated. Illegal search = against the bill of rights. Patterns of Government What superficially appears to be a bewildering variety of applications of constitutional democracy can be reduced to the following basic patterns: • Direct government – the people, organized as the electorate, are the preponderant power holder (Ancient Greek City-States) • Assembly government – name for the pattern which the parliament as the representation of the people is the preponderant power holder (China, former USSR) o Legislative assembly holds undisputed supremacy over all other state organs, subject only to the sovereign electorate renewing it at regular intervals o Incompatible with bicameralism o Chief of state – ceremonial
•
Go Kim Chan v. Valdez Tan Keh Doctrine There are three kinds of de facto governments. Is the government established by the Japanese DE FACTO? KINDS OF DE FACTO GOVERNMENT • First, is when the government de facto gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal government and maintains itself against the will of the latter. (Cromwell’s England) Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
Parliamentarism – where there exists an equilibrium between the independent power holders, parliament and government, and is attempted by the integration of the two. There are two widely divergent forms of this type, where the parliament is superior in political power to the cabinet (French model) or vice versa (British model). o 6 STRUCTURAL ELEMENTS COMMON TO ALL PARLIAMENTARY GOVERNMENTS: of the government are also of the parliament. • RATIONALE: So the Assembly can subject
2
them to political responsibility by making them stand up in the midst and for their conduct of office. Government/Cabinet consists of the political leaders of the majority party Pyramidal structure with the Prime Minister as its apex and recognized leader • PM exercises undisputed supremacy over his ministerial colleagues. Government remains in power so long as it commands the of the majority of the of the parliament • Power is lost when majority withdraws its
•
•
•
General elections change the majority structure of parliament Policy decision is shared by the government and the parliament It is in POLICY CONTROL that the crux of the pattern of a parliamentary government lies • Dissolution and vote of non-confidence belong together like piston and cylinder Cabinet – prime minister and cabinet over the parliament o MAIN FEATURES: Existence of 2 alternating parties possessing even chances in the long run becoming the majority party Cabinet is relatively a small committee composed of leaders of the majority party The official leader of the winning party is the prime minister designate. Undisputed leader and superior of his cabinet whose he choose upon his discretion Policy decision is in the hands of PM and cabinet, the commons are granted only that degree of participation in the policy execution by legislation that the prevailing political climate of public opinion demands Policy control is vested in both houses of the parliament and the electorate Majority of the parliament = men of intelligence, integrity, and experience. PARTY DICSIPLINE! Presidential – If the independent power holders, government and parliament, are kept separated but are constitutionally obligated to corporate for the formation of the will of the state, interdependence is achieved by coordination.
Marcos Dictatorship and Parliamentarism vs. Presidential Government
The Marcos government was a presidential form of government. A presidential form of government has these distinguishing features: • separation of powers • the preeminence of the President First of all, Marcos inherited the powers of the President as defined in the 1935 Constitution. He was also superior to the Prime Minister by the fact that he nominated the Prime Minister, approved the program of government to be istered by the Prime Minister, terminated the term of the Prime Minister if and when he nominates his successor, and could delegate powers to the Prime Minister. He also had control over the ministries. Moreover, while there was a closer relationship between the executive and legislative, thereby manifesting some aspects of parliamentarism, there was a definite separation. Separation from the Judiciary was also maintained.
Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Renunciation of war
• •
The war that is renounced is an aggressive and not a defensive war. Congress = power to declare a state of war
Adoption of International law
• • • •
• •
International law can only become part of municipal law through the appropriate constitutional machinery, such as an act of parliament or Congressional legislation. TRANSFORMATION and INCORPORATION Sec. 2 Art II accepts doctrine of incorporation. International law has the same force as domestic law Cases of Mejoff v. Director of Prisons (alien of Russian descent who had been detained. Invoked the Universal Declaration of Human Rights) AGUSTIN V. EDU – use of early warning devices. Court ruled that the 1968 Vienna Convention on Road Signs and Signals had been ratified Although the doctrine of incorporation tells us that public international law carries the same weight as statutory law, when it comes to general principles of international law, the ones that will be adopted by the country are arrived at through jurispruidential development.
Adherence to policy of peace, freedom, amity •
Foreign policy = national interest
Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
3
people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. The section is divided into two clauses, the Civilian Supremacy clause and the Mark of Sovereignty clause. • • • •
Civilian Supremacy - Civilian authority is, at all times, supreme over the military. Mark of Sovereignty -The AFP is the protector of the people and the state. “As politics get into the army, the army gets into politics”. MARTIAL LAW. Armed forces = protector of the state
Mark of Sovereignty The MoS clause is, in capsule form, the description of a soldier’s vocation. The soldier is supposed to renounce political ambition because he finds nobility and dignity and honor in being the guardian of the people and of the integrity of the national territory of a legitimate government. This is not a principle, which once articulated, creates the reality that it seeks to describe. To keep the dream of civilian supremacy alive, two elements are needed: a civilian government that is both legitimate and stable, and an armed force of the highest professionalism.
Section 4. 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 or civil service. Compulsory military and civil service; protection of people and State •
• •
Volunteer system – entrusting the sacred mission of defending the country to men lacking in capacity who have proved failures in other fields of activity (like in Korea) People v. Lagman – the accused was prosecuted for failing to for military service under the National Defense Act. Act is NOT unconstitutional. People v. Manayo
Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. • •
Section 7. The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination. An Independent foreign policy • Discussions on the future of the military bases in Subic and Clark • Closest reference to military bases that a dominant majority in the ConCom would allow in the body of the consti
Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory. • • •
•
Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. Section 10. The State shall promote social justice in all phases of national development. •
• •
Peace, order, and general welfare Padilla: provision recognized a hierarchy of rights – LIFE (1), LIBERTY (2), PROPERTY (3)
Section 6. The separation of Church and State shall be inviolable. •
A policy of freedom from nuclear weapons 2 questions: 1. What are banned by the provision 2. How absolute is the ban? “not only possessing weapons but also NUCLEAR TESTS in our territory as well as the use of our territory as dumping ground for radioactive wastes (JPEPA?!)” Not a ban on the peaceful uses of nuclear energy
Article III, Section 5
STATE POLICIES
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
SOCIAL JUSTICE – equalization of economic, political, and social opportunities with special emphasis on the duty of the state to tilt the balance of social forces by favouring the disadvantaged in life Common tao, PREFERENTIAL OPTION FOR THE POOR Tondo Medical Center Employees v. CA o HEALTH SECTOR REFORM AGENDA (HSRA) = Making free medicine and free medical services inaccessible to economically disadvantaged principles o Petitioners requests that HRSA declared VOID because it counters to the aspiration and ideals of the Filipino people as embodied in the Constitution o “As a general rule, provisions of the constitution are considered SELFEXECUTING and do not require future legislation for their enforcement. For if they are not treated as self-executing, the mandate of the fundamental law can be easily nullified by the inaction of congress. However, some provisions have already
4
o
been categorically declared by this court as non-self executing” TANADA V. ANGARA – “These principles in Art II are NOT intended to be self-executing principles ready for enforcement thru the courts. They are used by the judiciary as aids or guides in the exercise of its power of judicial review, and by the legislature in its enactment of laws”
patriotism and nationalism, and encourage their involvement in public and civic affairs.
• •
o
NON-SELF EXECUTIN: 5 (church and state), 9 (promote dynamic social order), 10 (social justice), 11 (dignity), 12 (sanctity of family life), 15 (right of health), 18 (labor) BASCO V. PAGCOR – Sec 11 (dignity), 12 (sanctity of family life) and 13 (youth) of Art II ARE NOT SELF-EXECUTING PROVISIONS. These cannot give rise to a cause of action in the courts. They do not embody judicially enforceable consti rights
Section 11. The State values the dignity of every human person and guarantees full respect for human rights. Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the of the Government. • • • •
“FAMILY” – a stable, heterosexual relationship Family is anterior to the state and is not a creature of the state It protects the family from the instrumentalization by the state 2 points on the legal meaning and purpose of the protection that is guaranteed for the unborn: o 1. THIS IS NOT AN ASSERTION THAT THE UNBORN IS A LEGAL PERSON o THIS IS NOT AN ASSERTION THAT THE LIFE OF THE UNBORN IS PLACED EXACTLY ON THE LEVEL TO SAVE THE LIFE OF THE MOTHER o When the life of the mother needs to be saved, the unborn can be sacrificed but not merely when the purpose is to save the mother from emotional suffering o Roe v. Wade – liberalized abortion laws up to the 6th month of pregnancy by allowing abortion any time in the first 6th months o Roe was overturned by CASEY. 4th month with undue burden test and will inform the parents and father
Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth
As to the education of children, the rights of the State and parents are delineated, as the primary right belongs to the parents and affirms the secondary and ive role of the state. The State, as parens patriae, may step in when a natural parent cannot or fails to cope with the duties of raising his or her children.
Section 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men. • •
Fundamental equality between men and women before the law The provision is worded as not to dislocate the Civil Code and the jurisprudence on the subject. What it does is to give impetus to the removal, through statutes, of existing inequalities. The general idea is for the law to ignore gender in determining rights and duties
Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them. Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. This provision recognizes an enforceable right. This is illustrated in the following cases. Oposa v. Factoran •
• •
The subject matter of the complaint is the general interest of all citizens of the Philippines. The petitioner minors assert that they represent their generation and the generations yet unknown. Their personality to sue in behalf of succeeding generations is based on the concept of intergenerational responsibility. Every generation has a responsibility to the next to preserve the rhythm and harmony for the full enjoyment of a balanced ecology. Intergenerational responsibility and justice Minors: 1) cancel all existing timber license agreements in the country and 2) cease and desist from receiving, accepting, renewing, or approving new timber license agreements
Laguna Lake Appeals
Development
Authority
v.
Court
of
•
Some residents near the dumpsite in Caloocan were concerned about pollution. The LLDA issued a cease and desist order because of its harmful effects on the residents and the possible pollution to the receiving streams. The Court upheld the LLDA ruling.
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
5
Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. This does not mean that the government is not free to balance the demands of education against other competing and urgent demands.
Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. This means that the human factor has primacy over the nonhuman factor in production.
Section 19. The State shall develop a selfreliant and independent national economy effectively controlled by Filipinos. • •
This is a guide for interpreting provisions on the national economy and patrimony Any doubt must be resolved in favour of self-reliance and independence in favour of Filipinos
Garcia vs Board of Investments • • • •
• •
Transfer of the petrochemical plant in Bataan to Batangas Taiwanese want to transfer the site to Batangas because of employment issues. Issue: WON the foreign investor has the right of final choice of plant site BOI committed a grave abuse of discretion in approving the transfer of the petrochemical plant from Bataan to Batangas and authoring change of feedstock from naptha oly naptha and LPG for the main reason that the final say is in the investor all other circumstances to the contrary notwithstanding Consti = NATIONAL INTEREST Other case: Manila Prince Hotel
Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments. •
MARINE RADIO COMMUNICATIONS ASSOCIATION V. REYES – “Article II, Section 20 is no more than an acknowledgement of the importance of private initiative in building the nation. However, it is not a call for official abdication of duty to citizenry”
Section 21. The State shall promote comprehensive rural development and agrarian reform. Comprehensive rural development also includes: 1. Social 2. Economic 3. Human 4. Cultural 5. Political and 6. Industrial development
Section 22. promotes the communities national unity •
The State recognizes and rights of indigenous cultural within the framework of and development.
Indigenous and cultural communities are discussed under National Economy and Patrimony (XII) and LG (X)
Section 23. The State shall encourage nongovernmental, community-based, or sectoral organizations that promote the welfare of the nation. Section 24. The State recognizes the vital role of communication and information in nation-building. *The 1986 Constitutional Commission refused to impose a “social responsibility” on media imposing such a duty will open the door for the state to require media to follow a certain line *Note: Article XVI Sec. 10-11 Art. XVI Sec. 10. The State shall provide the policy environment for the full development of Filipino capability and the emergence of COMMUNICATION STRUCTURES suitable to the needs and aspirations of the nation and the BALANCED FLOW OF INFORMATION into, out of, and across the country, in a accordance with a policy that respects FREEDOM OF SPEECH. Communication Policy-includes within its scope COMMERCIAL TELECOMMUNICATIONS, MASS MEDIA, and ADVERTISING. This section is concerned with the AVAILABILITY and REACH of communication facilities. The State may exercise its authority TO MAINTAIN a PROPER COMMUNICATION ENVIRONMENT by ordering a PRIVATE telephone company to allow interconnection. e.g. Philippine Long Distance Telecommunications Commissions:
Co.
vs.
National
The Court: The interconnection which has been required of PLDT is a form of intervention with property rights...The decisive considerations are PUBLIC NEED, PUBLIC INTEREST and the COMMON GOOD...To these PUBLIC and NATIONAL INTERESTS, PUBLIC UTILITY COMPANIES must bow and yield. Art. XVI Sec. 11. (1) The OWNERSHIP and MANAGEMENT of MASS MEDIA shall be limited to CITIZENS of the PHILIPPINES, or to corporations, cooperatives or associations, WHOLLYOWNED and MANAGED by such CITIZENS. The CONGRESS shall REGULATE or PROHIBIT MONOPOLIES in COMMERCIAL MASS MEDIA when the PUBLIC INTEREST so requires. (2) The ADVERTISING industry is impressed with PUBLIC INTEREST, and shall be regulated by law for the PROTECTION OF CONSUMERS and the PROMOTION of the GENERAL WELFARE. ONLY FILIPINO CITIZENS or corporations or associations at least SEVENTY PER CENTUM of the capital of which is owned by such citizens shall be allowed to engage in the advertising industry.
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
6
The participation of FOREIGN INVESTORS in the governing body of entities in such industry shall be LIMITED TO THEIR PROPORTIONATE SHARE in the capital thereof, and all the EXECUTIVE and MANAGING OFFICERS of such entities MUST BE CITIZENS OF THE PHILIPPINES.
Local Autonomy-means more than just decentralization:
*The Consti. Commission did not succeed in formulating a definition of MONOPOLIES
(1) broaden the base of government power making local governments more RESPONSIVE and ABLE
MASS MEDIA-includes radio, television, and the printed media. It does not include commercial telecommunications, which are governed as public utilities, nor the advertising industry.
(2) ensure their communities
PUBLIC UTILITY-a utility corporation which renders service to the general public for COMPENSATION. Its service is not confined to privileged individuals but is OPEN TO AN INDEFINITE PUBLIC. It is a business or service engaged in regularly supplying the public with some commodity or service of PUBLIC CONSEQUENCE (Iloilo Ice and Cold Storage Co. v. Public Utility Board, Art. XII Sec. 11).
Section 25. The State shall ensure the autonomy of local governments. *Note: Article X Sec. 1-3 Art. X Sec. 1. The TERRITORIAL and POLITICAL SUBDIVISIONS of the Republic of the Philippines are the PROVINCES, CITIES, MUNICIPALITIES, and BARANGAYS. There shall be AUTONOMOUS REGIONS in MUSLIM MINDANAO and THE CORDILLERAS as herein after provided. PROVINCES, CITIES, MUNICIPALITIES, and BARANGAYS-fixed as the standard TERRITORIAL and POLITICAL SUBDIVISIONS of the Philippines AUTONOMOUS REGION-a BODY CORPORATE consisting of provinces, cities, and municipalities. Creation of other autonomous regions can only be accomplished by CONSTITUTIONAL AMENDMENT. The right of PROVINCES, CITIES, MUNICIPALITIES, BARANGAYS, and AUTONOMOUS REGIONS to exist as the TERRITORIAL and POLITICAL SUBDIVISIONS of the state is no longer just a STATUTORY RIGHT but a CONSTITUTIONAL RIGHT. Salient Criteria for AUTONOMY: (1) AUTONOMY should be compatible with NATIONAL GOALS (2) AUTONOMY should ensure WIDEST PARTICIPATION and INITIATIVE to the local government unit (3) AUTONOMY should assure the development of SELFRELIANT communities LOCAL GOVERNMENT-a POLITICAL SUBDIVISION of a nation or a state which is CONSTITUTED BY LAW and has SUBSTANTIAL CONTROL of LOCAL AFFAIRS. Unitary System of the Philippines: LOCAL GOVERNMENT can only be an infra-sovereign subdivision of ONE SOVEREIGN NATION. It cannot be an imperium in imperio but only: (1) a measure of autonomy (2) decentralization of the FUNCTIONS of GOVERNMENT Art. X Sec. 2. The TERRITORIAL and SUBDIVISIONS shall enjoy LOCAL AUTONOMY.
POLITICAL
Decentralization of ISTRATION-when the CENTRAL GOVERNMENT delegates ISTRATIVE powers to political subdivisions in order to:
fullest
development
as
SELF-RELIANT
(3) make them more effective PARTNERS in the pursuit of NATIONAL DEV’T. and PROGRESS (4) relieves THE CENTRAL GOVERNMENT the burden of managing LOCAL AFFAIRS, enabling it to focus on NATIONAL CONCERNS Decentralization of POWER-involves an abdication of POLITICAL POWER in favour of LOCAL GOVERNMENT UNITS declared to be AUTONOMOUS. The AUTONOMOUS GOVERNMENT becomes able not to the CENTRAL AUTHORITIES but to ITS CONSTITUENCY. *The meaning of LOCAL AUTONOMY under the 1987 Constitution, HOWEVER, was effectively thrown down to the LEVEL OF AUTONOMY under the 1935 Constitution. e.g. Magtajas v. Pryce Properties: GOV’T OF CAGAYAN DE ORO CITY contended that it could prevent the PAGCOR from operating a casino in the city, under its authority to prohibit gambling. PAGCOR, however, had authority under P.D. No. 1869 to CENTRALIZE and REGULATE all games of chance under territorial jurisdiction of the Philippines. THE COURT ruled that: CDO City could not curtail PAGCOR’S authority. Municipal governments are ONLY AGENTS of the national government. Municipal corporations owe to, and derive their powers and rights wholly from the LEGISLATURE. Lina, Jr. v. Pano: an attempt by the provincial government to PROHIBIT LOTTO. THE COURT ruled: The provincial government may not prohibit lotto. *Commision on Audit MAY NOT reduce the allowance given to JUDGES by LOCAL GOVERNMENTS, as the LOCAL GOVERNMENT CODE authorizes LOCAL GOVERNMENTS to give allowance to judges and decide how much this should be. San Juan v. Civil Service Commission: Facts: By E.O. No. 112, authority to appoint a Provincial Budget Officer (PBO) had been given to the SECRETARY OF BUDGET MANAGEMENT upon RECOMMENDATION of the LOCAL EXECUTIVE concerned. The person recommended by the PROVINCIAL GOVERNOR, however, did not possess the necessary qualifications. Hence, the c appointed somebody else of his own choice. Issue: The authority to appoint a PBO. Held: THE COURT rules that if the recommendee of the PROVINCIAL GOVERNOR is not qualified, the SECRETARY OF BUDGET MANAGEMENT must ask for new recommendees with the necessary eligibility. San Juan was aware that there are factors about life in a local community about which the CENTRAL GOVERNMENT is NOT the best judge. THE COURT: “More important is the proper istration of FISCAL AFFAIRS at the LOCAL LEVEL”. Laguna Lake Dev’t. Authority v. Court of Appeals
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
7
Facts: The Task Force Camarin Dumpsite filed a complaint with the Laguna Lake Dev’t. Authority (LLDA) seeking to stop the operation of the garbage dumpsite in Tala Estate, Brngy. Camarin, Caloocan City due to its harmful effects on the health of the residents and the possibility of pollution of the water content of the surrounding area. The LLDA found out that the City Government was not able to secure an Environmental Compliance Certificate (ECC) from the Environmental Management Bureau (EMB) before maintaining an open dumpsite. The LLDA issued a CEASE and DESIST ORDER ordering the City Government of Caloocan to stop dumping garbage at the Camarin Dumpsite. Less than a year later, the dumping operation was resumed after a meeting among the City Government of Caloocan. The LLDA then issued another order reiterating the CEASE AND DESIST ORDER previously issued. The City Government filed with the RTC DECLARATION OF NULLITY of the CEASE AND DESIST ORDER. Issue: Which agency can lawfully exercise jurisdiction over the matter? Held: The Supreme Court denied to the municipalities around Laguna Lake and here, the City Government of Caloocan, the power to authorize the construction or dismantling of fishpens, fish enclosures, and the like (in this case a garbage dumpsite) in Laguna Lake. The COURT ruled that the SPECIFIC POWER of the LLDA must prevail over the GENERAL POWER of LOCAL GOVERNMENTS.
SOLE AND EXCLUSIVE RIGHT to decide on whether to INITIATE a recall proceeding or not. Issue: Whether the Local Government Code also authorizes local government units to have a sole and exclusive right to decide on whether there should be a recall proceeding or not. Held: The COURT did not agree with Governor Garcia and stated that the CONGRESS has made its choice as called for by the constitution and it is not the prerogative of this court to supplant this judgement. There is nothing in the CONSTITUTION that will remotely suggest that the people have the “sole and exclusive right to decide on whether to initiate a recall proceeding.” CONGRESS was not straight jacketed to one particular mechanism of initiating recall elections and was given the POWER TO CHOOSE the effective mechanism of recall AT ITS DISCERNMENT. It is the LEGISLATIVE that determines the necessity, adequacy, wisdom and expediency of law. Principal Guidelines given to CONGRESS for structuring LOCAL GOVERNMENT UNITS: (1) The structure must be RESPONSIVE and ABLE (2) It must be DECENTRALIZATION
instituted
through
a
SYSTEM
OF
The issuance of the CEASE AND DESIST ORDER by the LLDA is a proper exercise of its power and authority under its charter and amendatory laws. This charter of LLDA, R.A. 4850 have provided the power to institute “necessary legal proceeding against any person who shall commence to implement or continue implementation of any project, plan or program WITHIN THE LAGUNA DE BAY REGION without previous clearance from the LLDA.” In addition, E.O. 927 series of 1983 confers on the LLDA the power “to make, alter or modify orders requiring the discontinuance of pollution.”
Section 26. The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.
Art. X Sec. 3. THE CONGRESS shall enact a LOCAL GOVERNMENT CODE which shall provide for a more RESPONSIVE and ABLE local government structure instituted through a SYSTEM OF DECENTRALIZATION with effective mechanism of RECALL, INITIATIVE, and REFERENDUM, ALLOCATE among the different local government units their powers, responsibilities, and resources, and provide for the QUALIFICATIONS, ELECTION, APPOINTMENT AND REMOVAL, TERM, SALARIES, POWERS AND FUNCTIONS AND DUTIES OF LOCAL OFFICIALS, and all other matters relating to the organization and operation of the local units.
*The meaning of POLITICAL DYNASTIES has been left for CONGRESS to define:
INITIATIVE AND REFERENDUM-the legal process whereby the ed voters of a LOCAL GOVERNMENT UNIT may DIRECTLY propose, enact, or amend any ordinance. The COURT has ruled that, even as worded, the statute authorizes INITIATIVE AND REFRENDUM not just on ordinances BUT ALSO ON RESOLUTIONS RECALL-as an instrument for effecting official ability, is a DEVICE or PROCEDURE by which a public official’s tenure may be terminated by POPULAR VOTE. It may be applied to both ELECTIVE and APPOINTIVE officials. e.g. Garcia v. Commission on ElectionsFacts: The 1991 Local Government Code authorized PROVINCES, CITIES, LEGISLATIVE DISTRICTS AND MUNICIPALITIES to have a PREPARATORY RECALL ASSEMBLY authorized to initiate the recall of an elective official. Governor Garcia contended that such a right includes the
*The establishment of political dynasties is an effective way of MONOPILIZING and PERPETUATING power. BUT the argument that the ELECTORATE should be LEFT FREE TO DECIDE is not without VALIDITY.
DEAN BAU: POLITICAL DYNASTIES still has no definition to date. The question is “are the principles CORRECT and can they be IMPLEMENTED?” A. Pamatong v. Comelec – article is not self-executing Facts: PETITIONER Rev. Ely Pamatong filed his Certificate of Candidacy. The COMELEC refused to give due course to the PETITIONER’S Certificate of Candidacy. PETITIONER sought to reverse the resolutions which were allegedly rendered in violation of his right to “equal access to opportunities for public service” under Sec. 26, Art. II. Issue: Whether denial of PETITIONER to run for the presidency violative of his right to “equal access to opportunities for public service” under Sec. 26, Art. II. Held: No. The provision is not intended to compel the state to enact positive measures that would accommodate AS MANY PEOPLE AS POSSIBLE into public office. There is no CONSTITUTIONAL RIGHT to run for or hold public office. What is recognized is merely a privilege subject to LIMITATIONS imposed by law. Some valid limitations specifically on the privilege to seek elective office are found in the provisions of the OMNIBUS ELECTION CODE on “NUISANCE CANDIDATES” and COMELEC Resolution No. 6452, wherein the COMELEC may motu proprio refuse to give due course to or cancel a Certificate of Candidacy.
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
8
Section 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. *NOTE: Article XI Art. XI Sec. 1. PUBLIC OFFICE is a PUBLIC TRUST. Public officers and employees must at all times be ABLE to the people, serve them with utmost RESPONSIBILITY, INTEGRITY, LOYALTY, AND EFFICIENCY, act with PATRIOTISM and JUSTICE, and lead MODEST lives. The provisions of Art. XI are ABILITY from public officers
designed
to
exact
Art. XI Sec. 2. The PRESIDENT, THE VICE-PRESIDENT, THE OF THE SUPREME COURT, THE OF THE CONSTITUTIONAL COMMISSIONS, AND THE OMBUDSMAN may be removed from office, ON IMPEACHMENT for, and CONVICTION OF, CULPABLE VIOLATION OF THE CONSTITUTION, TREASON, BRIBERY, GRAFT and CORRUPTION, OTHER HIGH CRIMES, or BETRAYAL OF PUBLIC TRUST. All other public officers and employees may be removed from office as provided by law, but NOT BY IMPEACHMENT. The 2 exceptions of JUDICIAL INDEPENDENCE: (1) power of the COMELEC and of the ELECTORAL TRIBUNALS to be judges of ELECTIONS CONTESTS (2) power of IMPEACHMENT of CONGRESS, the exercise of which is an act of POLITICAL JUSTICE** IMPEACHMENT PROCESS-The RIGHT to be removed ONLY BY IMPEACHMENT is the Constitutions strongest guarantee of SECURITY OF TENURE. The guarantee effectively blocks the use of other legal ways of ousting an officer. •
makes the president immune from LEGAL ACTION
•
but at the same time REMOVABLE in extreme cases
e.g. In re Gonzales-the suggestion that a Supreme Court justice may be subjected to disbarment proceedings was dismissed by THE COURT: “A public officer...who may be removed from office only by impeachment, cannot be charged with disbarment during the incumbency of such public officer”. The object of the process is NOT TO PUNISH but ONLY TO REMOVE a person from office REMOVAL and DISQUALIFICATION are the only punishments that can be imposed upon conviction on impeachment. CRIMINAL and CIVIL LIABILITY can follow AFTER the officer has been removed by IMPEACHMENT. Art. XI Sec. 4. The present ANTI-GRAFT COURT known as the SANDIGANBAYAN shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law. *The SANDIGANBAYAN-shall have the jurisdiction over CRIMINAL and CIVIL cases involving GRAFT and CORRUPT practices. Art. XI Sec. 15. The RIGHT OF THE STATE to RECOVER PROPERTIES unlawfully acquired by PUBLIC OFFICIALS of EMPLOYEES, from them or from their nominees or transferees, shall not be barred by PRESCRIPTION, LACHES, OR ESTOPPEL. PRESCRIPTION-A method of acquiring or extinguishing rights through the inaction of the legal owner
LACHES-A legal doctrine whereby those who take too long to assert a legal right, lose their entitlement to a right or compensation. ESTOPPEL-A bar preventing one from making an allegation or a denial that contradicts what one has previously stated as the truth. R.A. 1379 Sec. 11: “The laws concerning acquisitive prescription and limitation of actions CANNOT BE INVOKED by, nor shall they benefit the RESPONDENT in respect of any property UNLAWFULLY ACQUIRED by him”. Art. XI Sec. 16. No LOAN, GUARANTY, or other form of FINANCIAL ACCOMMODATION for any business purpose may be granted, DIRECTLY or INDIRECTLY, by any GOVERNMENTOWNED or CONTROLLED bank or financial institution to the PRESIDENT, THE VICE-PRESIDENT, THE OF THE CABINET, THE CONGRESS, THE SUPREME COURT, AND THE CONSTITUTIONAL COMMISSIONS, THE OMBUDSMAN, or to any firm or entity in which they have controlling interest, during their tenure. Includes only those of HIGH RANK
Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest. Art. III Sec. 7. The right of the people to information on matters of PUBLIC CONCERN shall be recognized. Access to OFFICIAL RECORDS, and to DOCUMENTS, and PAPERS pertaining to OFFICIAL ACTS, TRANSACTIONS, or DECISIONS, as well as to GOVERNMENT RESEARCH DATA used as basis for policy development, shall be afforded the citizen, subject to such LIMITATIONS as may be provided by law. e.g. Subido v. Ozaeta (Pre-1973 Case): Facts: The press wanted to examine the records of the of Deeds. Issue: Whether the press, and for that matter, the public had a CONSTITUTIONAL RIGHT to demand the examination of PUBLIC LAND records. Held: The press had a STATUTORY RIGHT to examine the records of the of Deeds because the interest of the press was REAL and ADEQUATE. Note: However, THE COURT said: We do not believe that the CONSTITUTIONAL RIGHT to FREEDOM OF SPEECH is in any way involved (in this case). Freedom of information and freedom to obtain information for publication is NOT GUARANTEED by the constitution. 1973 Constitution: Went beyond the Subido case: recognized the right of access to public documents and records as a SELF-EXECUTORY CONSTITUTIONAL RIGHT. Preserved by the 1987 Consti with the addition of “government research data” as a reaction to the government practice during the Marcos regime of withholding such data from the public. Also determined in Chavez is the extent to which the public has a right to information about the efforts of government through the PCGG to recover ILLEGALLY OBTAINED WEALTH. THE COURT: It is incumbent upon the PCGG to disclose sufficient public information...such information, though, must pertain to DEFINITE PROPOSITIONS...not to communications
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
9
during the stage when common assertions are still IN THE PROCESS of being formulated. Gonzales v. Narvasa: Issue: Whether the Executive Secretary, upon petition of a citizen, may be ordered to give access to the names of executive officials holding multiple positions in government, copies of their appointments, and the list of the recipients of luxury vehicles seized by the BOC. Held: THE COURT: The information is of public concern BUT called attention to the limitations on the right found in R.A. No. 6713 the “Code of Conduct and Ethical Standards for Public Officials and Employees”, which provides that in the performance of their duties, all public officials and employees are obliged to respond to letters sent by the PUBLIC within 15 working days... Lantaco, Sr. v. Llamas: THE COURT: While the public officers in custody or control of public records have the discretion to REGULATE, such discretion does not carry with it the AUTHORITY TO PROHIBIT access, inspection, examination or copying. GSIS: In granting loans, exercises a PROPRIETARY FUNCTION does not justify the exclusion of the transactions from the coverage and scope of the RIGHT TO INFORMATION. As a government institution, it may be compelled to show documents evidencing BEHEST LOANS even if they are proprietary in nature. COMELEC: The refusal of the COMELEC to reveal the names of the nominees for party-list seats violates the right of the people to information on matters of PUBLIC CONCERN.
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
10
Related Documents c2h70
Article Ii: Declaration Of Principles And State Policies Reviewer 645f4n
December 2019 24
Article Ii Declaration Of Principles And State Policies d245k
April 2020 9
Declaration Of Principles And State Policies 711619
December 2019 21
Article 2 Declaration Of Principles And State Policies 4h6f2b
November 2021 0
Article Ii 2r4t54
December 2019 49
Principle And State Policies Case Digest 262o5d
April 2020 20More Documents from "Karen Santos" 1h6a3m
Misosa 2f614e
November 2021 0
6g3p1u
December 2022 0
Article Ii: Declaration Of Principles And State Policies Reviewer 645f4n
December 2019 24
Wala Nang Lunas Ni Amado V. Hernandez 1c73y
December 2021 0
Article Vi: Legislative Department 3u3d5k
November 2019 37