POLITICAL LAW
- That branch of public law which deals with the organization and operations of the governmental organs of the State and
defines the relations of the State with the inhabitants of its territory. Constituent: Government Function
: Private Function or proprietary functions not for governance *If it is not necessary but the private sector is not seen *Private sector perform its functions but not that efficient *The distinction becomes blurred
IMPORTANCE
(1) Government cannot be sued without its consent
- simply entering into a contract does not make it suable or liable IMPRACTICAL
Q: can the government be sued performing its governmental fxn? A: GR: No
XPNS: with its consent Suability vs. Liability
-
“When the State gives its consent to be sued, it does not thereby necessarily consent to an unrestrained execution against it. Tersely put, when the State waives its immunity, all it does, in effect, is to give the other party an opportunity to prove, if it can, that the State has a liability.”BRIEF HISTORY OF PHILIPPINE CONSTITUTION
•
Treaty of Tordesillas•
Malolos Convention•
Revolutionary Government•
Organic Act•
Jones Law - Military•
Philippine Convention - Civilian Government•
Philippine Bill of 1902 - Philippine Assembly•
Tydings Mcduffie Law - 1934, granted independence in 1944•
Bell Law•
Japanese•
Plebiscite•
Javellana vs. Executive Secretary - Proclamation 1102 1987 Constitution — CRITICISMS• Capitalist • Nationalistic
• Bicameralism - approve the constitution with reservation DATES TO REMEMBER!
Feb 2, 1987: ratified by the People and took effect on that day Dec. 10, 1898: Treaty of Paris
April 11, 1898: Spain Totally transferred PH to US November 15, 1935: 1935 Constitution
January 17, 1973: 1973 Constitution
Feb. 25, 1986: Freedom Constitution —except the power of the president PRESIDENTIAL VS. PARLIAMENTARY
Ramos:
• Pedrosa: Sign an initiative
• No enabling law to change the constitution by initiative Initiative vs. Referendum
In initiative and referendum, the Comelec exercises administration and supervision of the process itself, akin to its powers over the conduct of elections. These law-making powers belong to the people, hence the respondent Commission cannot control or change the substance or the content of legislation. In the exercise of its authority, it may (in fact it should have done so already) issue relevant and adequate guidelines and rules for the orderly exercise of these “people-power” features of our Constitution.
Initiative
INITIATIVE REFERENDUM ACT • To change the statute, you need 10%
• To change the constitution, you need 12% of the total number of registered voters of which every legislative district must be represented by 3% of the registered voters
• NB: Initiative on Constitution may only be exercised 5 years from the ratification of the 1987 Constitution and only once every 5 years
• SC: 1. No clear mechanism for that
2. If it is an amendment. Revision is different. 2 articles will be revised. Total revision of the structure of the government. ERAP ARROYO Case: ____________ vs. Bagatsing Freedom of Speech
-
Public Assembly-
Freedom Park-
Privately owed propertiesLGC: if the LGC does not designate a freedom park then ALL public place can be used as such. Q: Who can interpret the constitution?
A: Anyone.
SC’s decision En Banc —> part of the laws of the land
Initiative
Referendum
Definition
Power of the People to propose
amendments to the Constitution
Power of the legislation thru
election called for the purpose
Power of the electorate to
approve or reject thru an election
called for the purpose
CONSTITUTION:
STATUTE: passed by Congress PEOPLE: direct exercise of sovereignty
: indirect exercise: through their elected representatives
Conflict between the Constitution and the Statute: THE CONSTITUTION WILL PREVAIL Executive and Administrative Bodies
-
Provide Rules and Regulation: not a legislation-
What has not been delegated cannot be delegated* RR: in order to implement the law
: although not laws, it has an effect of a law
-
Not contrary to statute-
Not contrary to constitution ORDINANCES are like RR-
Must not be offensiveLGU: functionaries of the executive branch
-
President has limited power over the LGU-
President only exercises Supervision and Control-
Local Chief/ SanggunianGR: If it is not founded on a law, there are no ordinances to speak of. XPN: Unless, there is an EXPRESS GRANT.
But, even there is NO EXPRESS GRANT: - health
- promote general welfare
Even if they pass an ordinance, if such ordinance is contrary to a valid statute, the ordinance will be invalid. PRESIDENT:
Treaties, if approved by 2/3 of senate becomes part of the laws of the land. NB: Conflict between Treaty vs. Constitution
It depends:
-
Constitution-
Depends on when it was signed-
If a treaty was signed first and then a statute follows, treaty is abrogated INTERNATIONAL LAW (A. 2, S. 2) Incorporation Clause… The Philippine 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.
* rules of international law are given a STANDING EQUAL , not superior to national enactments.
* Where a treaty and a statute are on an equality, a new treaty prevails over an earlier statute, but it is also the case that a new statue prevails over treaty.
Q: Do you need to be a member of the UN in order to follow the Internationally accepted laws/ principles? A: Not necessarily. Jus Cogens: universally accepted rights.
• Treaties, Conventions
- pass the law to enable • Statute vs. Jurisprudence
- Constitution is what the SC says it is • Interpret it as a whole
- reconcile it with other provisions • LIBERALLY INTERPRETED (BBC)
- BROAD - BASIC
- COMPREHENSIVE
• GIVEN UNIFORM CONSTRUCTION • Constitution is Dynamic
-
to meet new conditions-
must be broad-
for the changes in time*Due process clause not defined in the Constitution • Constitution: Prospective rather than retrospective • In case of Doubt, provisions are self-execution 2 types
1. Self-executing: Those couched in the NEGATIVE 2. Non Self-executing:
- needs to have an enacting statue
- I.e. right to health, not all enjoys discount PARTS OF THE CONSTITUTION
1. Constitution of Liberty - series of prescriptions setting forth the fundamental civil and political right of the citizens and imposing limitations on the power of the government as a means of securing the enjoyment of those rights.
2. Constitution of Government - provides for a structure and system of government; refers to the provisions outlining the organization of the government, enumerating its powers, laying down certain rules relative to its administration and defining the electorate.
3. Constitution of Sovereignty - pointing out the modes or procedure in accordance with which formal changes in the Constitution may be made
PREAMLE
We, The SOVEREIGN FILIPINO PEOPLE, IMPLORING THE AID OF ALMIGHTY GOD, IN ORDER TO BUILD A JUST AND HUMANE SOCIETY AND ESTABLISH A GOVERNMENT THAT SHALL EMBODY OUR IDEALS AND ASPIRATIONS, PROMOTE THE COMMON GOOD, CONSERVE AND DEVELOP OUR PATRIMONY, AND SECURE TO OURSELVES AND OUR POSTERITY THE BLESSINGS OF INDEPENDENCE AND DEMOCRACY UNDER THE RULE OF LAW AND A REGIME OF TRUTH, JUSTICE, FREEDOM, LOVE, EQUALITY, AND PEACE, DO ORDAIN AND PROMULGATE THIS CONSTITUTION.
-
meaning: to walk before-
Part of the constitution, BUT NOT AN ESSENTIAL PART-
NOT a SOURCE of ANY RIGHT-
determine the origin and the author-
serves as a guid for making, administering, interpretingFILIPINO PEOPLE : “WE”, the author, ordain and promulgate the constitution * Liberty vs. Freedom
AMENDMENT AND REVISION
AMENDMENT REVISION
Isolated or piecemeal change merely by adding, deleting, or
TWO PART TEST: PURPOSE: Determine whether the proposed change is an amendment or revision 1. QUALITATIVE TEST
- Whether the change is so extensive as to directly change the substance entirely - The Number of provisions affected does not consider the degree of the change 2. QUALITATIVE TEST
- Whether the change will accomplish such far reaching changes in the nature of our basic governmental plan as to amount to a revision.
CONSTITUENT VS. LEGISLATIVE POWER Case Law: Imbong v. Ferrer
Competence of Congress acting as Constituent Assembly.—While the authority to call a constitutional convention is vested by the present Constitution solely and exclusively in Congress acting as a Constituent Assembly, the power to enact the implementing details, which are now contained in Resolution Nos. 2 and 4 as well as in R.A. No. 6132, does not exclusively pertain to Congress acting as a Constituent Assembly. Such implementing details are matters within the competence of Congress in the exercise of its comprehensive legislative power, which power encompasses all matters not expressly or by necessary implication withdrawn or removed by the Constitution from the ambit of legislative action. And as long as such statutory details do not clash with any specific provision of the Constitution, they are valid.
Discretion of Congress as Constituent Assembly to apportion delegates.—Unlike in the apportionment of representative districts, the Constitution does not expressly or impliedly require such apportionment of delegates to the convention on the basis of population in each congressional district. Congress, sitting as a Constituent Assembly, may constitutionally allocate one delegate for each congressional district or for each province, for reasons of economy and to avoid having an unwieldy convention.
STEPRS IN THE AMENDATORY PROCESS: (a) Proposal
(i) Congress, a vote of 3/4 of all its members
No preparatory resolution is needed before the Congress can propose amendments as it is
(ii) CONSTITUTIONAL CONVENTION
- 2/3 vote of all the members of Congress. Or by a majority vote of all the
members of Congress with the question of whether or not to call a Convention to be resolved by the people in the plebiscite.
3 theories or position of a constitutional convention vis-a-vis the regular departments of the Government. 1. Theory of Conventional Sovereign
2. Convention is inferior to the other departments 3. Independent of and co-equal to the other departments
(iii) PEOPLE, thru the power of initiative
- A petition of at least 12% of the total number of registered voters
- Of which every legislative district must be represented by at least 3% of the registered voters therein
LIMITATION: No amendment in this manner shall be authorized within 5 years following the ratification of the Constitution nor more often than once every five years thereafter.
adds, reduces, deletes WITOUT ALTERING the basic principles
involved Alters the basic principles
ONLY SPECIFIC provisions are changed
NATIONAL TERRITORY:
• Fixed portion of the surface of the Earth inhabited by the people as the state. As an element of a Stat, it is an area over which a state has effective control
FUNDAMENTAL POWERS OF THE STATE NATIONAL TERRITORY
-
NOT an essential part-
need to know the history1. Treaty of Paris: Philippine Islands 2. Treaty of Washington
3. Treaty of Great Britain 4. Tydings Mcduffie Law PHILIPPINE ARCHIPELAGO ARCHIPELAGO
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Islands and water-
City State: SG. Vatican-
Many Islands-
more beneficial to an archipelagic state: “a body of water studded with islands”-
that body of water studded with islands which is delineated in the Treaty of Paris, as amended by the Treaty of Washington and the Treaty with Great Britain.UNCLOS
-
GROUP of islands including parts of islands, interconnecting water and other natural features which are closely interrelated with each other.-
"archipelago" means a group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features form an intrinsic geographical, economic and political entity, or which historically have been regarded as such.Islands Waters
And other territory over which the Philippine has jurisdiction
All other territories over which the Philippines has sovereignty or jurisdiction – includes any territory that presently belongs or might in the future belong to the Philippines through any of the accepted international modes of acquiring territory.
1935 historic rights and legal title TERERSTRIAL
FLUVIAL AERIAL
Power of the People to propose amendments to the constitution or to propose and enact regulation thru an election called for that purpose
The power of the legislation thru an election called for the purpose
1. Initiative on the constitution 2. Initiative on statutes 3. Initiative on local regulations
1. Referendum on Statutes 2. Referendum on Local Law
• CONTIGUOUS ZONE
1. Sanitation, from the baseline up to 24 nautical miles 2. Immigration Laws
3. Custom Duties Law 4. Fiscal Laws
* Not part of the territory of the state • EEZ
- Right to explore and exploit to the exclusion of all other states. ARCHIPELAGIC DOCTRINE
-
Internal Water: Around Between and Connecting-
Straight Baseline Method-
Outermost islands-
Outermost points (baseline 12 nautical miles)-
Approved by the UNCLOS- 9:1REGIME OF ISLANDS
• Foreign ships may pass thru Internal waters • RIGHT OF INNOCENT PASSAGE
- continuous and speedy
- any foreign (commercial ship) which does not carry any toxins, armaments, weapons
• Archipelagic State may designate SEA LANES or AIR LANES - DOCTRINE OF ARCHIPELAGIC SEA LANES
• It is the right of foreign ships and aircraft to have continuous, expeditious and unobstructed passage in sea lanes and air routes through or over the archipelagic waters and the adjacent territorial sea of the archipelagic state, “in transit between one part of the high seas or an exclusive economic zone.” All ships and aircraft are entitled to the right of archipelagic sea lanes passage. (Magallona, 2005; Article 53[1] in relation with Article 53[3], UNCLOS)
• Piracy • Genocide • Terrorism
• Human Trafficking
• Certain rights: Rts against torture
• Jus cogens: universally accepted SEABED SUBSOIL CONTINENTAL SHELF 3 MILES 12 NAUTICAL MILES 24 NAUTICAL MILES TERRITORIAL SEAS CONTIGUOUS ZONE EXCLUSIVE ECONOMIC ZONE
HIGH SEAS: more than 200 NAUTICAL MILES
200 NAUTICAL
DECLARATION OF PRINCIPLES AND STATE POLICIES Q: Are the provisions in Article II self-executing?
A: No. By its very title, Article II of the Constitution is a “declaration of principles and state policies.” However, principles in Article II are not intended to be self-executing principles ready for enforcement through the courts. They are used by the judiciary as aids or as guides in the exercise of its power of judicial review, and by the legislature in its enactment of laws. (Tondo Medical v. CA, G.R. No. 167324, July 17, 2007)
PRINCIPLES: Philosophies of a nation shared by person in that state POLICIES: Acts in order to attain the ideals and aspirations
DECLARATION OF PRINCIPLES AND POLICIES: ARE MERE DECLARATION • you need enabling laws
• couched in general terms.
• UNLESS declared by the SC as self-enabling laws.
• if the provisions the constitution are detailed enough not to require _________? PURPOSE:
1. Declaration
2. Guide to all departments of the government
DEMOCRATIC AND REPUBLICAN STATE
• DEMOCRATIC: Government, of the people, for the people, and by the people. • Most important element of a state: PEOPLE
• LIBERAL DEMOCRACY: election to choose their representative • REPUBLICAN: Representative “Salus Populi est suprema lex”
• It is a state wherein all government authority emanates from the people and is exercised by representatives chosen by the people. (Dissenting Opinion of J. Puno, G.R. No. 148334, January 21, 2004 and Bernas Primer, 2006 Edition) he following are the manifestations of Republicanism:
1. Ours is a government of laws and not of men. 2. Rule of Majority (Plurality in elections) 3. Accountability of public officials 4. Bill of Rights
5. Legislature cannot pass irrepealable laws 6. Separation of powers
1. DIRECTLY: suffrage. By conserted activities.
2. INDIRECTLY: people chooses their REPRESENTATIVE. 1. POLITICAL SOVEREIGNTY: Values, Common
2. LEGAL SOVEREINTY: command and demand obedience.
ARTICLE II, SECTION 2.
The Philippine 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, and amity with all nations.
INCORPORATION CLAUSE:
• only the generally the accpted principles
• rules of international law are given a STANDING EQUAL, NOT SUPERIOR, to national enactments • Municipal Law must prevail
• “Renounces war as an instrument of national Policy” • Q: Does the Philippines renounce defensive war?
• A: No, because it is duty bound to defend its citizens. Under the Constitution, the prime duty of the government is to serve and protect the people.
• Only a “STATE OF WAR”: Power is vested in the Congress Q: What is the Doctrine of Auto-limitation?
A: It is the doctrine where the Philippines adhere to principles of international law as a limitation to the exercise of its sovereignty.
Note: The fact that the international law has been made part of the law of the land does not by any means imply the primacy of international law over national law in the municipal sphere. (Philip Morris, Inc. v. CA, G.R. No. 91332, July 16, 1993)
ARTICLE II, 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.
Q: What is meant by the principle of Civilian Supremacy?
A: The civilian authority is, at all times, supreme over the military. MILITARY
Protector of the People and the State Territorial Sovereignty
Put Military Under Civilian
President is installed as the HIGHEST CIVILIAN AUTHORITY, as commander-in-chief of all the armed forces of the Philippines.
Q: When is Military supreme over civilian? A: None. “at all times” . Even during war Q: Is a President a Military Officer? A: No.
Q: Why is a Military not a valid government? A: Not democratic.
ARTICLE II, 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.
Q: Can a person avoid the rendition of military services to defend the State?
A: No. One cannot avoid compulsory military service by invoking one’s religious convictions or by saying that he has a sick father and several brothers and sisters to support. Accordingly, the duty of government to defend the State cannot be performed except through an army. To leave the organization of an army to the will of the citizens would be to make this duty to the Government excusable should there be no sufficient men who volunteer to enlist therein. The right of the Government to require compulsory military service is a consequence of its duty to defend the State and is reciprocal with its duty to defend the life, liberty, and property of the citizen.” (People v. Zosa, G.R. No. L-45892-93, July 13, 1938).
duty of the Citizen: Owe allegiance to the state. Defend the State. ARTICLE II, SECTION 5.
The maintenance of peace and order, the protection of life, liberty, and property and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.
ARTICLE II, SECTION 6.
The separation of Church and State shall be inviolable. Church: any religion or belief.
• The Staet shall not interfere with purely Church affairs. • It is a ONE WAY prohibition
Q: Why does the State cannot prohibit the Church to meddle with purely State matters? A: The members of the Church are members of the State.
The State can only discourage them from interfering in State Affairs. I.e. by exempting them from tax -
1.Churches, parsonages, etc. actually, directly and exclusively used for religious purposes shall be exempt from taxation. (Article VI, Section 28[3]);
2. When priest, preacher, minister or dignitary is assigned to the armed forces, or any penal.
3. Optional religious instruction for public elementary and high school students (Article XIV, Section 3 [3]);
4. Filipino ownership requirement for education institutions, except those established by religious groups and mission boards (Article XIV, Section 4 [2]).
History of S. 6. Articcle III, S. 5.
I.E. Belief: Killing is good. To act on such Belief: Kill. here, the State limits the act in accordance to such act in accordance to such belief.
FREE
EXERCISE
CLAUSE
NON-ESTABLIS
HMENT OF
RELIGION
1.
RT TO
BELIEVE
(ABSOLUTE)
2.
RT TO ACT IN
ACCORANCE
The State must have COMPELLING INTEREST aligned with CLEAR AND PRESENT DANGER (1) Act is allowed by the religion?
(2) Church or religion is sincere in their belief?
The burden of proof shifts to the State that there was a State Compelling Interest. Case Law: Escritor v. Estrada
NON-ESTABLISHMENT CLAUSE:
1. NO LAW shall be passed prohibiting one religion
2. No Law shall be made for the purpose of non-establishment of ALL religion 3. No Law shall be made which prefers one religion over another.
Case Law: Aglipay v. Ruiz
-
Not a purely church activity-
Only incidental to the secular purpose-
Public road is available to everyone-
The only purpose in issuing and selling the stamps was "to advertise the Philippines and attract more tourists to this country." The officials concerned merely took advantage of an event considered of international importance "to give publicity to the Philippines and its people." The stamps as actually designed and printed (Exhibit 2), instead of showing a Catholic Church chalice as originally planned, contains a map of the Philippines and the location of the City of Manila, and an inscription as follows: "Seat XXXIII International Eucharistic Congress, Feb. 3-7, 1937." What is emphasized is not the Eucharistic Congress itself but Manila, the capital of the Philippines, as the seat of that congress.-
What is guaranteed by our Constitution is religious liberty, not mere religious toleration. Religious freedom, however, asa constitutional mandate is not inhibition of profound reverence for religion and is not a denial of its influence in human affairs. Religion as a profession of faith to an active power that binds and elevates man to his Creator is recognized. And, in so far as it instills into the minds the purest principles of morality, its influence is deeply felt and highly appreciated.
-
Case Law: Pami v. Teleron
-
Priest-
Religious Test: In ordr to exercise the civil and political rights should not be-
Decision did not have majority votes.-
Sec. 2175 of Revised Administrative Code prohibiting ecclesiastics from holding public office is unconstitutional; Reasons; Ban in Sec. 2175 already superseded by the 1935 and 1973 Constitutions on provision or non-religious test for exercise of civil or political rights.-
On the constitutional dimension given motu proprio to the case in the main opinion of Mr. Justice Fernando, by way of „constitutional objectives to the continuing force and effectivity of Section 2175 as far as ecclesiastics are concerned.‰ I concur with the main opinion, concurred in by five other members of the Court, viz, Justices Muñoz Palma, Concepcion Jr., Santos, Fernandez and Guerrero that the archaic Administrative Code provision declaring ecclesiastics ineligible for election or appointment to a municipal office is inconsistent with and violative of the religious freedom guaranteed by the 1935 Constitution and that to so bar them from office is to impose a religious test in violation of the Constitutional mandate that „No religious test shall be required for the exercise of civil or political rights.”Case Law: Gerona v.s Secretary of Education
SC: The flag is not an image but a symbol of the Republic of the Philippines, an emblem of national sovereignty, of national unity and cohesion and of freedom and liberty which it and the Constitution guarantee and protect. Under a system of complete separation of church and state in the government, the flag is utterly devoid of any religious significance. Saluting the flag does not involve any religious ceremony. The flag salute is no more a religious ceremony than the taking of an oath of office by a public official or by a candidate for admission to the bar.
In requiring school pupils to participate in the flag salute, the State thru the Secretary of Education is not imposing a religion or religious belief or a religious test on said students. It is merely enforcing a non-discriminatory school regulation applicable to all alike whether Christian, Moslem, Protestant or Jehovah's Witness. The State is merely carrying out the duty imposed upon it by the Constitution which charges it with supervision over and regulation of all educational institutions, to establish and maintain a complete and adequate system of public education, and see to it that all schools aim to develop, among other things, civic conscience and teach the duties of citizenship.
The children of Jehovah Witnesses cannot be exempted from participation in the flag ceremony. They have no valid right to such exemption. Moreover, exemption to the requirement will disrupt school discipline and demoralize the rest of the school population which by far constitutes the great majority.
NON-COMPLIANCE WITH NON- DISCRIMINATORY LAWS NOT A PART OF RELIGIOUS FREEDOM.·The freedom of religious belief guaranteed by the Constitution does not and cannot mean exemption from or non-compliance with reasonable and nondiscriminatory laws, rules and regulations promulgated by competent authority.
Case Law: Soriano v. MTRCB
Petitioner has not been denied the equal protection of the law as the Iglesia Ni Cristo (INC) ministers he criticized are not facing any administrative charges.· PetitionerÊs position does not persuade. The equal protection clause demands that „all persons subject to legislation should be treated alike, under like circumstances and conditions both in the privileges conferred and liabilities imposed.‰ It guards against undue favor and individual privilege as well as hostile discrimination. Surely, petitioner cannot, under the premises, place himself in the same shoes as the INC ministers, who, for one, are not facing administrative complaints before the MTRCB. For another, he offers no proof that the said ministers, in their TV programs, use language similar to that which he used in his own, necessitating the MTRCBÊs disciplinary action. If the immediate result of the preventive suspension order is that petitioner remains temporarily gagged and is unable to answer his critics, this does not become a deprivation of the equal protection guarantee. The Court need not belabor the fact that the circumstances of petitioner, as host of Ang Dating Daan, on one hand, and the INC ministers, as hosts of Ang Tamang Daan, on the other, are, within the purview of this case, simply too different to even consider whether or not there is a prima facie indication of oppressive inequality.
Plain and simple insults to another person cannot be elevated to the status of a religious speech.·There is nothing in petitionerÊs statements subject of the complaints expressing any particular religious belief, nothing furthering his avowed evangelical mission. The fact that he came out with his statements in a televised bible exposition program does not automatically accord them the character of a religious discourse. Plain and simple insults directed at another person cannot be elevated to the status of religious speech. Even petitionerÊs attempts to place his words in context show that he was moved by anger and the need to seek retribution, not by any religious conviction. His claim, assuming its veracity, that some INC ministers distorted his statements respecting amounts Ang Dating Daan owed to a TV station does not convert the foul language used in retaliation as religious speech. We cannot accept that petitioner made his statements in defense of his reputation and religion, as they constitute no intelligible defense or refutation of the alleged lies being spread by a rival religious group. They simply illustrate that petitioner had descended to the level of name- calling and foul-language discourse. Petitioner could have chosen to contradict and disprove his detractors, but opted for the low road.
Same; Same; Same; A TV program rated „G‰ or for general viewership reaches adults and children alike. What may not be obscene speech to adults may be considered obscene for children.·A cursory examination of the utterances complained of and the circumstances of the case reveal that to an average adult, the utterances „Gago ka talaga x x x, masahol ka pa sa putang babae x x x. Yung putang babae ang gumagana lang doon yung ibaba, [dito] kay Michael ang gumagana ang itaas, o di ba!‰ may not constitute obscene but merely indecent utterances. They can be viewed as figures of speech or merely a play on words. In the context they were used, they may not appeal to the prurient interests of an adult. The problem with the challenged statements is that they were uttered in a TV program that is rated „G‰ or for general viewership, and in a time slot that would likely reach even the eyes and ears of children.
FREEDOM OF RELIGION
-
usually arises when it involves public funds Conditions for not violating freedom of religion (1) Law must be a legislative secular purpose(2) Favor is only INCIDENTAL purpose — must not have a primary effect of advancing a religion (3) No excessive entanglement b/n the state and the church
CASE? Agricultural land, the material point is _______ the owner of the land SC: Cannot decide on non-justiciable question affecting the dogma of the religion
Section 7: The State shall pursue an independent foreign policy. In relation with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.
National Sovereignty Territorial Integrity National Interest Rt to self-determination FOREIGN POLICIES?
-
President-
Congress in coordination with the PresidentSection 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapon in its territory.
Nuclear Weapons:
Why we should not have a nuclear weapon? 2 Schools of thought
1. Cannot have nuclear weapon
2. Can have. — provided that it is consistent with national interest
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 life for all.
Whether or not it may be fulfilled, remains to be seen in the laws
Section 10. The State Shall promote social justice in all phases of national development. Social Justice:
-
The State intervenes in private contractual set-ups in order to make those who have less in life more in law. ECONOMIST VIEWCommand Economy
- all transactions are controlled by the State Liberalism
- State does not interfere - Liberal democratic system “Humanization of the laws”
-
So that justice may at least be approximated Use of lawsConstitutional means
Extra-constitutional: Inherent Powers “Common” tao
Protection of rt of an individual v. the State
Sec. 12. The Stae 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 support of the Government.
Basic Social Autonomous Sanctity of family life
“ABORTION”: Removed the primarily abortifacient Case Law: Ro v. Wade?
Natural and Primary duty of the parents in the rearing of the youth for civic efficiency and the development of moral characters shall receive the support of the Government.
State: SUPPORTS
The State has the right to step into the shoes of the parents when parents refused to perform their duty Natural and Primary right belongs to the parents
Parens Patriae: State acting as parent
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 patriotism and nationalism, and encourage their involvement in public and civic affairs.
Section 14. The State recognizes the role of women 0n nation-building, and shall ensure the fundamental equality before the law of women and men
Sec. 15. The Stae shall protect and promote the right to health of the people and instill health consciousness among them.
Sec. 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.
Sec. 17. Sec. 18 Sec. 19
Sec. 20 - 25: Read code!!
———————————————————————————————————————————————————— LOCAL AUTONOMY
-
The State shall ensure the local autonomy of local governments-
The territorial and political subdivisions shall enjoy local autonomyDECENTRALIZATION: does not make the local government sovereign within the State on an “imperium in imperio” Corporation: An artificial being created by operation of law, having the right of succession and the powers, attributes and properties expressly authorized by law or incident to its existence
CLASSIFICATION OF CORPORATIONS ACCORDING TO PURPOSE: (a) public: organized for the government of a portion of the state (b) Private: Formed for some purpose, benefit, aim or end
(c) Quasi-public: a private corporation that renders public service or supplies public want
If created by the State as its own agency to help the State in carrying out its governmental functions, then it is public, otherwise it is private.
*The State shall ensure autonomy of Local Government Misnomer
Are just agencies of the government Executive branch
Implement the Law
- Constitution
- Statute State has dual functions LGU
(1) (2)
Being an entity of the state, it cannot be sued without its consent BUT, the LGU can give its consent
PRIVATE CAPACITY - Enter into contracts - agent of their inhabitants - can sue and be sued - can own private property - patrimonial property - The State cannot take it
- Suability and Liability: expropriation Technical and Political Jurisdiction
-
Provinces-
Cities-
Municipalities-
Autonomous RegionsEXECUTIVE BRANCH
Under the president, or the chief executive
Every agency is under the power of control and supervision **BUT, in LGU, MERE GENERAL SUPERVISION
If they do not want to reverse? Q: Who has power of Control? A: Congress
Q: Why is the power of the Executive Branch limited to Supervision? A:
Unitary not Federal One Central Government
Thru legislative enactment : Automatic allotment
Congress can create an LGU — Art. X, S. 1. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines.
Unlike a federal state, the governor is a local chief executive Imperium et imperio
2 Autonomous region are not a State although granted with a greater scope of powers Autonomous regions:
- Administrative
- Certain powers are distributed so that they can be more sufficient and self-reliant. ADMININSTRATIVE AUTONOMY:
Under the 1987 Constitution, it simply means decentralization; it does not make the local governments sovereign within the state or an “imperium in imperio”. (Basco v. PAGCOR, G.R. 91649, May 14, 1991)
- Autonomy has 2 kinds of Decentralization (1) Administration
(2) Power
In order to designate: Devolution Deconcentration
Q: Define devolution with respect to local government units.
A: The act by which the national government confers power and authority upon the various local government units to perform specific functions and responsibilities.
In order to encourage autonomy: (1) exploit the resources
(2) Given in the shape in the funds of the government budget (3) Taxing powers must be based on law
ARMM/ CAR: Administrative
-
The Congress must pass a law and a plebiscite approving them ARMM only!CAR: not approved by other component provinces (only Ifugao approved) IN ORDER TO CREATE AN LGU
Income Land Area Population
Special Metropolitan Political Subdivision (SMPS) - Not Territorial
- Purpose: For coordination
MMDA : Mere administrative office under the office of the President Abolishing: Plebiscite needed
When?
Population is below the required number Case Law: Pelaex v. Auditor General
Gerry Mandering: Gerrymandering is the formation of one legislative district out of separate territories for the purpose of favoring a candidate or a party. It is not allowed because the Constitution provides that each district shall comprise, as far as practicable, contiguous, compact and adjacent territory (Bernas, Reviewer in Philippine Constitution, p. 186)
2 Views:
(1) Declare unconstitutional (2) Unconstitutionall
- but inured to the benefit of the Public - Operative Fact Doctrine
LGU:
(1) is validy created: de Jure - functioned as such
- cannot be sanctioned to any collateral attacks DIRECTLY - quo warranto is not available
(2) De Facto: there is colorable compliance - Can be attacked directly ABSOLUTE NULLITY
Directly or collaterally Amendment #6: Marcos
Cory under Revolutionary Government Validly created LGU
Transforming into a different class: Law needed
Congress delegated power in the Sangguniang Panlalawigan and Panglungsod to create Barangay.
Sec. 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law
Sec. 27 The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption
Elective official— term limits.
Sec. 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.
Transparency NOT ABSOLUTE XPN: Extradition Proceedings in Court
—————————————————————————————————————————————— Inherent Powers - Not found in the Constitution
-
enormous, if unchecked. In order to avoid abuse State’s powerP o l i c e P o w e r GENERAL WELFARE does not feel the return/ effect LIFE
right away (altruistic feeling)
E m i n e n t D o m a i n PUBLIC USE just compensation LIBERTY
Taxation RAISE FUNDS PROPERTY
SIMILARITIES: (5) INIP-L
1. They are inherent in the State and may be exercised by it without need of express constitutional grant. 2. They are not only necessary but indispensable. The State cannot continue or be effective unless it is able to
exercise them.
4. They all presuppose an equivalent compensation for the private rights interfered with. 5. They are exercised primarily by the legislature.
COMMON LIMITATIONS:
How do these powers differ from one another?
1. May not be exercised arbitrarily to the prejudice of the Bill of Rights
2. Subject at all times to the limitations and requirements of the Constitution and may in proper cases be annulled by the courts, i.e. when there is grave abuse of discretion.
RIGHTS— SOURCES: 1. Natural Right
God- given, sovereign power which grants. 2. Constitutional Right
Rt granted by the Constitution rt guaranteed
I.e. life, liberty, property
Not to grant but guarantee from abuse Limit the power of the state
Whole Bill of rights: LIMITATION OF THE POWER OF THE STATE not only define but SETS PARAMETERS
3. STATUTORY RIGHTS Legislative Acts
i.e. discounts — senior citizens
Can be a statutory rt and also a constitutional rt. = rt to suffrage Statutory rts which are also natural rts —I.e. rt to privacy:
Anti- wiretapping law Trespass to dwelling
by the nature 1. CIVIL RIGHTS - rts of citizens
2. POLITICAL RIGHTS
- in participation in the governance of the State
-
International Law : FIRST GENERATION RTS : NEGATIVE RTS OF THE STATE-
Later expanded to SOCIO-ECONOMIC - SECOND GENRATION: POSITIVE RTSECONOMIC RTS v. CULTURAL
-
Rt to work - culture and traditions-
Rt to education-
rt to engage in a professionArt. III: Civil and Political Rts: SELF- ENABLING
Art. XIII and XIV: Social and Economic Rts: NEED ENABLING LAWS
INTERNATIONAL LAW - THIRD GENERATION - Solidary rights - Rt to have world peace - clean and safe environment - intergenerational
POLICE POWER
A: Police power easily outpaces the other two powers. It regulates not only property, but also the liberty of persons. Police power is considered the most pervasive, the least limitable, and the most demanding of the three powers. It may be exercised as long as the activity or property sought to be regulated has some relevance to the public welfare. (Gerochi v. Department of Energy, G. R. 159796, July 17, 2007)
1. Public health 2. Public morals 3. Public safety 4. Public welfare
Q: What are the tests to determine the validity of a police measure?
1. Lawful subject – The interests of the public generally, as distinguished from those of a particular class, require the exercise of the police power
2. Lawful means – The means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals
Q: Why do we need to identify?
A: Bec. there is a hierarchy of rts — LIFE AND LIBERTY ARE MORE IMPORTANT THAN PROPERTY If the State Deprives you of your rt, the burden is on the state to prove that there was due process.
DUE PROCESS
- No person shall be deprived of life, liberty or property without due process of law Due process: NO DEFINITE meaning, “a law which hears before it condemns”
Rationale: A precise definition of DP might prove constricting and prevent the judiciary from adjusting to its circumstances of a particular cases and to the ever changing conditions of society
: Dynamic, resilient, adaptable, enlarges the rts of the individual Person: protect all persons
a. Natural: 1. Citizens 2. aliens— once an alien is admitted, he cannot be deprived of life without due process of law b. Artificial Persons (Corporations, Partneships) ONLY PROPERTY
Rationale: Life and liberty of the artificial person as a creature of law, are derived from and therefore subject to legislative control
Deprivation: DENIAL TO rt to life, liberty or property 2 Kinds
SUBSTATIVE PROCEDURAL
SUBSTANTIVE: The law in itself must be reasonable. Prohibits arbitrary laws. Q: How do you know that the law is reasonable?
A: There must be a reasonable connection (test) —> the purpose of the law and the means employed must be VALID
Fajardo Case distinguished from Churchill vs. _________ SC: Not purely for aesthetics
2 ways to limit
Drugs: Prohibited Regulated Allowed
Massage parlor is not per se illegal: Regulated Public Morals
Public Safetly
* There must be a reasonable connection
* Life and Liberty: apply the CLEAR AND PRESENT DANGER RULE
Q: Is there a Clear and Present danger of a _____________?
regulate prohibit
lawful act No Yes
unlawful act Yes No
Degree of the
Danger
Proximity of the
Danger
A: There must be a law to exercise police power - law in itself/ on its face must be reasonable
- Reasonable: NOT ARBITRARY or OPPRESSIVE/ CONFISCATORY EMPIRICAL BASIS (observation)
Medical Findings Scientifc Statistical
MARCOS:
During the martial law where opposition were arrested: they use STRONG TENDENCY TEST — strong tendency to become dangerous
“STRONG TENDENCY TEST”
- Who determines WON a person has a dangerous tendency? - Marcos, Secretary, Police Officer (arbitrary)
Q: What would be the criteria?
A: No particular criteria. it is used to curtail civil liberties
ARROYO: attempts to curtail liberties Closure of newspaper houses Arrest without warrant
Used in freedom of speech : once the speech has been given, you do not know the extent of the magnittude Case: Ople v. Torres
SC declared that it is invalid
Police power is exercised, not vested with the president the EO not specify if for any purpose
Even if it is made for_________
EMSS
1.
2. Data to be used will not come from the private person. The government already possess the data.
FACIAL CHALLENGE: on its face, the law on itself is unreasonable 1. VOID-FOR-VAGUENESS
- violation of due-process - Lacks comprehensive standards
- People of common intelligence must guess as to implications - No fair notice of the misconduct
- There would be undue delegation of power - Arbitrary exercise of the law
*NB: NOT ALL STATUTES OR LAW COUCHED IN GENERAL OR ORDINARY TERMS ARE VOID - If the law states the purposes, but you cannot understand, then it is an invalid purpose.
1. It violates due process for failure to accord persons, especially the parties targeted by it, fair notice of what conduct to avoid
2. It leaves law enforcers an unbridled discretion in carrying out its provisions (People v. de la Piedra, G.R. No. 128777, Jan. 24, 2001)
2. OVERBREATH DOCTRINE
A: The overbreadth doctrine decrees that a governmental purpose may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms.
-
If the Law is constitutional as it prohibits unprotected speech but this substantive about of protected speech is retained.-
Leads to a chilling effect-
(Reno v. ACL Civil Courts - obscenity law. Minors prohibited to access-
on its face it is invalid-
Normally used in freedom of speech cases-
It MUST BE VOID IN ALL ASPECTSNote: It is an analytical tool developed for testing on their face statutes in free speech cases. Claims of facial over breadth are entertained in cases involving statutes which, by their terms, seek to regulate only spoken words and again, that overbreadth claims, if entertained at all, have been curtailed when invoked against ordinary criminal laws that are sought to be applied to protected conduct.
XPN to the use of facial challenge: LOCUS STANDI FREEDOM OF SPEECH
*IF THERE is a restriction, you are affected: TRANSCENDENTAL IMPORTANCE: XPN to locus standi
Conjunctive: Unless it applies to you If the law limits your rights
NEED FOR PUBLICATION Required
Official Gazette
For Penal Regulation VFV
OBD
Case Law: Estrada v. SB
SC: the law is not vague
Once published:
Executive Branch - makes R & R to implement the law It has the force and effect of laws
But they are SUBORDINATE to the laws
If statues are published, R&R are also required to be published LGU also issue ordinances
Sangguian
Not laws: however it has the force and effect of laws Not contrary to laws
cannot be used UNLESS it
can be applied to him
Must be published
Rules: There are offices, which only applies to them
Internal R & R of the office need not be published —-XPN: those internal rules which generally affects the public
Powers of State vs. Rights of a Person BALANCING OF INTEREST
-
applies only in cases of Rt v. Rt.-
use hierarchy of rts-
Doctrine of Preferred Freedom Examples:1. Contract: 1 year to pay
vs.
A sued X A: rt to property
LEGISLATIVE
EXECUTIVE
JUDICIARY
make laws
implement laws
decide on the validity of laws
- publication required
In the exercise of:
Notice and Hearing
QUASI-LEGISLATIVE
R&R: Published
UNLESS: Internal Rules
XPT: if it affects the public
In the exercise of:
QUASI - JUDICIAL
N& H
When a rule applies X N &H
When it singles out: N&H to that
person
X: rt against involuntary servittude = Rt of X will prevail. Liberty rt.
2. A employee. X er. Cond’n of employment: A will not join a union. However, after being hired A joined a union.
vs.
A: rt to property X: rt to association
= Rt of X will prevail. Liberty rt.
3. A employee. X er. Cond’n of employment: A will JOIN a union. However, after BEING EMPLOYED A DISMEMBERED IN THE UNION (CLOSED SHOP AGREEMENT)
vs.
A: rt to property
X: rt NOT TO JOIN: Not contrary to public policy = Rt of X will prevail. Liberty rt.
*NB: EVEN liberty rights can be limited by the State
4. A employee. X er. Cond’n of employment: A will JOIN a union. However, after BEING EMPLOYED A did not join the union because of HIS RELIGION. A was dismissed
vs.
A: rt to property
X: rt Not to join and Rt to religion
= Rt of X will prevail. Rt to religion is higher.
X
A
A
X
Case Law: Victoriano v. ____
Religion v. Mere Property: religon is higher State Compelling Interest
5. SM hired INC members (sm knew they are not allowed to become members of any association) INC made a union (Where it is not allowed accdg to their doctrines)
vs.
SC: separation of the Church and the State. Strict Scrutiny test:
Piatco Case
Strict scrutiny – the focus is on the presence of compelling, rather than substantial governmental interest and on the absence of less restrictive means for achieving that interest (Separate opinion of Justice Mendoza in Estrada v. Sandiganbayan, G.R. No. 148965,
PROCEDURAL DUE PROCESS (JUDICIAL PROCEDURE) (IJ2N)
1. An impartial and disinterested court clothed by law with authority to hear and determine the matter before it.
Note: Test of impartiality is whether the judge’s intervention tends to prevent the proper presentation of the case or the ascertainment of the truth.
2. Jurisdiction lawfully acquired over the defendant or the property which is the subject matter of the proceeding
3. Notice and opportunity to be heard be given the defendant
4. Judgment to be rendered after lawful hearing, clearly explained as to the factual and legal bases (Art. VII, Sec. 14, 1987 Constitution)
R. 126: IMPARTIAL
1. Court: Clothed by Law with JUDICIAL POWER
JUDICIAL POWER: power to hear and determine matter before it. : subject matter. Jurisdiction over subject matter XPT the SC: Not granted by the legislative —- CO-EQUAL BODY : IT ACQUIRES ITS POWERS FROM THE CONSTITUTION
JURISDICTION OVER THE SUBJECT MATTER Impartial
Granted by Law Case: __________ v. Clave
JURISDICTION OVER THE PARTIES OF THE CASE Acquired when the parties submit themselves to the court
JURISDICTION OVER THE CASE CIVIL case: Payment of Filing fee
Defendant: Notice, Summons, Files an answer
ADMINISTRATIVE: DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES Expertise in their own fields
Chance to correct themselves Avoid clogging of dockets
CRIMINAL:
1. Crime has been committed
2. Nature and Cause of accusation against him 3. Opportunity to be heard
a. there must be a hearing
b. given notice
He is innocent until proven guilty beyond reasonable doubt. Accused: Arraignment, Subpoena
JUDGMENT MUST BE RENDERED AFTER A LAWFUL HEARING 1. Judgment
2. Hearing (Lawful) PREJUDICIAL PUBLICITY
- The judge’s decision has been affected by the barrage of publicity.
DOCTRINE OF PREJUDICIAL PUBLICITY
- there must be an allegation but also proof that the judge has actually been influenced by the barrage of publicity - Webb v. De Leon
- Burden of Proof: to the one who alleges.
TOTALITY OF CIRCUMSTANCES
Arraignment: The accused must know the information Rt to a competent and Independent Counsel
When the judge does not only ask for classificatory questions Quasi- Judicial Function
Administrative
exercising quasi- judcial are not required to follow the ROC Case: Ang Tibay v. CIR
7 Cardinal Rules of a Quasi- Judicial Body in the exercise of DP 1. Notice and Hearing, Chance to present evidence 2. Evidence must be substantial
3. Judgment must be based on the judge’s own individual consideration 4. Court must have something to support their decision
5. COurt must consider the evidence 6. Decision must consider the evidence
7. Parties must know the issue and reason for the decision
Private Corporations are also required DP
-
opportunity to be heard-
2 notice rule-
DP by the Labor CodeAteneo v. CA: DP is also required in schools Gregorio Araneta v. ______
R & R: must be reasonable especially in the exercise of their constitutional rts. XPT: a. if there is a disciplinary ground
b. failure to meet the academic standards of the school which must be REASONABLE
EQUAL PROTECTION CLAUSE THRUST: EQUALITY
DIFFERENT KINDS: 1. PERSONAL EQUALITY
- all created by God is the same. - synonymous to freedom - equality of opportunities
When there is equality: ONLY THOSE SIMILARLY SITUATED
: SUBSTANTIAL DIFFERENCE OR DISTINCTION
Personal equality is synonymous to freedom Legal equality
Sometimes the law allows the classification to: Exercise POLICE POWER
Promote the GENERAL WELFARE When they classify, there must be a law
Law to be valid there must be a reasonable classification REQUISITES:
1. Classification must be based on substantial distinction 2. Must be germane to the purpose of the law
3. Must not be limited to existing or present conditions 4. Must apply equality to all members of the same class
Q: When substantial?
Case Law: Inchong v. Hernandez
Congress passed a law regulating trade of Chinese in the Philippines Law is UNCONSTITUTIONAL bec. the law singled out Chinese
3rd requisite:
- Ormoc (Gov’t) passed a tax ordinance tax ordinance taxing ORMOC SUGAR CENTRAL for every sugar produce SC: is invalid, violates equal protection. There was no valid distinction b/n them and other sugar refining
company
Law must apply equally to members of the same class which are similarly situated PUBLIC TRANSPO (Common Carrier) - exercise extraordinary diligence
PRIVATE TRANSPO (License only) - must exercise the ordinary diligence of a good father of a family
Classification is Okay, provided that they are applicable to the same class 33%
33%
33%
Land Air Sea
Land
Air
Sea
There are laws which
would apply only to Land
I.e. ROAD SIGNS
I.e. TAXICAB OPERATORS There is substantial distinction
1. for public comfort and convenience 2. taxicabs are easily destroyed
3. jeepneys and buses have regular route
Pase v. Drilon
-
DOLE issued regulation prohibiting deployment of workers to certain countries-
To promote public safety and welfare-
Women only-
Substantial distinction: Gender-
They are the one’s victimizedCase Law: Pp v. Hernandez
-
a person committed rebellion-
means used was illegal-
shows lesser perversity of the accused-
there is only one offense-
Purpose: SOCIAL JUSTICECase Law: Pp v. Isnain
-
took coconut-
purpose: public policy, protect coconut industry-
substantial distinction-
The constitutional guarantee requires the treatment alike, in the same place and under like circumstances and conditions, of all persons subjected to state legislation. But a state, "as a part of its police power, may exercise a large measure of discretion, in creating and defining criminal offenses, and may make classifications as to persons amenable to punishment, so long as the classifications are reasonable.-Case Law: Chavez v. PCGG
-
Marcoses will no longer be criminally liable-
Chavez questioned the constitutionality-
SC: Violation of the equal protection clause-
It cannot compromise that the suits can no longer be filed against them violation of separation of powerCase Law: Nido v. COMELEC
-
all partisan should be given equal air time-
there is substantial distinction1. Marcos is also the President of the Republic
2. It is not election, it is an amendment to the Constitution
PJA v. Prado
-
officials in the gov’t enjoy free postage ranking price-
A law was passed removing certain postage priv. in the judiciary-
SC: decided in favor of the judiciary there is no violation of the equal protection clause.INTERNATIONAL SCHOOLS
-
No substantial distinction bec. they are doing the same jobPublic Policy: Public Trust and Welfare Public Official Go Directly to the SC
————————————————————————————————————————————— Public Office: Not a property right
: To the extent tha you have security of tenure : Acquired vested right
continue to comply
However, the mere fact that _________
Case Law: Ermita vs. City of Manila • Public Morals
• Rt of owners of hoted to property • Reasonable connection test • Purpose of the law • Means employed
• Connection? Curbing prostitution • Public view (signing) • Minors
• Cannot use or checkin mor than twice within 24 hours
•Due process; Standards of legal infirmity. There is no controlling and precise definition of due process. It furnishes though a standard to which governmental action should conform in order that deprivation of life, liberty or property, in each appropriate case, be valid. The standard of due process which must exist both as a procedural and as substantive requisite to free the challenged ordinance, or any governmental action for that matter, from imputation of legal infirmity, is responsiveness to the supremacy of reason. obedience to the dictates of justice. It would be an affront to reason to stigmatize an ordinance enacted precisely to meet what a municipal lawmaking body considers an evil of rather serious pro portions as an arbitrary and capricious exercise of authority. What should be deemed unreasonable and what would amount to an abdication of the power to govern is inaction in the face of an admitted deterioration of the state of public morals.
•Same; Reasonableness of ordinance regulating hotels, etc.· The provision in Ordinance No. 4760 of the City of Manila, making it unlawful for the owner, manager, keeper or duly authorized representative of any hotel, motel, lodging house, tavern, common inn or the like, to lease or rent any room or portion thereof more than twice every 24 hours, with a proviso that in all cases full payment shall be charged, cannot be viewed as a transgression against the command of due process. The prohibition is neither unreasonable nor arbitrary, because there appears a correspondence between the undeniable existence of an undesirable situation and the legislative attempt at correction. Moreover, every regulation of conduct amounts to curtailment of liberty, which cannot be absolute.
•Same; Public interest; Government interference.·The policy of laissez faire has to some extent given way to the assumption by the government of the right of intervention even in contractual relations affected with public interest. If the liberty invoked were freedom of the mind or the person, the standard for the validity of governmental acts is much more rigorous and exacting, but where the liberty curtailed affects at the most rights of property, the permissible scope of regulatory measures is wider.
•Statutes; When statute is void because of ambiguity.· What makes a statute susceptible to a charge that it is void on its face for alleged vagueness or uncertainty is an enactment either forbidding or requiring the doing of an act that men of common intelligence must necessarily guess at its meaning and diff er as to its application.
