CEP Notes PDF

I. CONSTITUTION System of fundamental laws for governance and administration A permanent framework of system of government: assigned different departments their respective powers Designed to protect basic rights of the people;...

I. CONSTITUTION System of fundamental laws for governance and administration A permanent framework of system of government: assigned different departments their respective powers Designed to protect basic rights of the people; preserve and protect rights The law violates the Constitution? - The fundamental paramount and supreme law of the nation; written in every statute and contract - Expression of sovereign will - Null and void without any force and effect Constitutional Law - public law which treats of constitutions, nature, formation, amendments, interpretation - embodied in the Constitution as well as principles growing out of interpretation and application made by courts Kinds of Constitution 1. ORIGIN/HISTORY a. Conventional/Enacted - enacted by constituent assembly/granted by monarch b. Cumulative/Evolved - product of growth or period of development in traditions, customs rather than formal enactment 2. FORM a. Written - definite written form at a particular time b. Unwritten - largely of mass customs 3. MANNER OF AMENDMENT a. Rigid/Inelastic - document of special sanctity that cannot be amended or altered by special machinery b. Flexible/Elastic - no higher legal authority; may be altered ADVANTAGES OF WRITTEN CONSTITUTION  a. Clear and definite b. Prepared with great care and deliberation c. Unchanging d. The protection it affords and the rights it guarantees e. Secure and stable DISADVANTAGES OF WRITTEN CONSTITUTION a. Difficult to amend b. Prevents immediate introduction of needed changes REQUISITES OF A GOOD WRITTEN CONSTITUTION a. Brief - too detailed will not be understood b. Broad c. Definite - vagueness leads to opposing interpretations SIX MODES OF INTERPRETING THE CONSTITUTION a. Textualism: interpreting based on the plain meaning of the text; words itself EXAMPLE: The rule clearly says “no bikes.” So, bikes are not allowed—simple as that! b. Structural Analysis: “read across words” looking at physical arrangement; text shows but does not directly say EXAMPLE: A class schedule separates subjects: Math in one room, Art in another, and Gym in the gymnasium. A teacher wants to hold Gym class in the Math room. The schedule doesn’t explicitly forbid this, but looking at the structure, you can tell each subject is meant to stay in its assigned space. c. Originalism: lawmakers’ intent/applying the Constitution in only ways framers consciously intended; original intention or meaning EXAMPLE: The rule's original purpose was safety (no playing in the dark). So, even if the kid has glowing toys, the original intent still says “no.” d. Normative and Pragmatic: elucidating of meaning/ethos or moral and political character EXAMPLE: A school rule says, “Only students in uniform may enter the classroom.” A student shows up without a uniform because their home caught fire that morning. The rule makes sense generally, but it’s unfair here. Based on fairness and compassion, the student is allowed in. e. Stare Decisis: “following what was decided before” EXAMPLE: Years ago, the principal decided that all students must line up before recess. A teacher doesn’t like the rule and wants to skip lining up. The principal insists they follow the rule because it’s been decided before and keeps things fair. - judges try to stick to past decisions to keep the rules fair and consistent, like a game where everyone plays by the same rules. f. Verba Legis: “the words of the law” EXAMPLE: Since the sign only says “no running,” speed-walking is technically okay. The exact words are followed. DISADVANTAGES a. Subordinates ratified and enacted constitutional text to purely subjective of people dead b. Abstract intentions than one concrete expectation c. framers/ratifiers/drafters did not always share a single purpose/set for the language chosen d. The historical record of intentions and aims as did share is inconclusive ARTICLE I. NATIONAL TERRITORY The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. a. Municipal Law - bind internationally only if it is supported by proof that can stand international law b. ARCHIPELAGO  Group of islands surrounded by bodies of water 1. Territorial Sea 2. Sea bed 3. Subsoil 4. Insular shelves 5. Submarine areas C. 3-Fold Division 1. Inland/Internal waters - parts of the sea within the land territory 2. Territorial Sea - belt of water outside and parallel to the coastline of inlands 3. High/Open Seas - waters that lie seaward of territorial sea ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICIES Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. The government is for the people (serves their needs). The government is of the people (chosen by the people). The government is by the people (derives its power from their consent). 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. Key Points: The government rejects the idea of initiating war to solve disputes or enforce policies. The focus is on diplomatic solutions and international cooperation for resolving conflicts. This principle aligns with the country's history and moral stance as a peace-loving nation. Example: The Philippines chose to resolve its territorial disputes in the West Philippine Sea through international arbitration (e.g., filing a case with the Permanent Court of Arbitration) instead of engaging in military conflict. 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. Key Points: Section 3 establishes the principles of civilian supremacy and military accountability while emphasizing the Armed Forces' role as both a defender of the nation’s sovereignty and a protector of its citizens. This provision safeguards democracy and ensures that the military operates in the service of the Filipino people, not as a tool of oppression or unchecked authority. 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. It underscores the reciprocal relationship between the government and its citizens: the government protects and serves the people, while citizens fulfill their duties when called upon. It ensures national security and resilience by preparing both the government and the populace to respond to crises. 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 6. The separation of Church and State shall be inviolable. ~ PRINCIPLES~ - Underline constitutional democracy - Provide a framework - Checks and balances, representative government, rule of law, protection of fundamental rights I. Republican Government democratic government by representatives chosen by the people Indirect rule Authorities in power can only exercise powers delegated to them by the people - MANIFESTATIONS OF DEMOCRATIC AND REPUBLICAN STATE -  Bill of rights Rule of majority Government of law, not of men Presence of election through popular will Checks and balances; separation of powers Observance that state cannot be sued with its consent Legislature cannot pass irrepealable laws Observance of laws on public officers - SOVEREIGNTY OF THE PEOPLE - Supreme authority is inherent in the state by which it is governed Exercised through public officials; exercise through suffrage Filipino people have the right to constitute their own government - RIGHT OF THE PEOPLE TO REVOLT - People are the ultimate judge of their destiny Right to revolt against oppressive/tyrannical government II. Congress with the concurrence of two-thirds of all its members, voting separately, may declare war III. Inherent in a Republican System: highest authority is the Presidents Safeguard against military dictatorship: a civilian, president, army, navy, or air force issues orders to the armed forces Determines military budget and defines national policy on defense and security Fearsome image acquired during martial rule: been accused of having committed, abetted, and tolerated violations of human rights Constitutional mandate: shall be the protector of the people and the state to secure the sovereignty of the state IV. Military and Civil Service by the People: (prime duty of the government is to serve and protect the people) may call upon people to defend the state - BILL OF RIGHTS - Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.​ Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.​ Section 3.​ 1. The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.​ 2. Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.​ Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.​ Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.​ Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.​ Section 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.​  Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.​