Constitutional Law Introductory Notes

Three inherent powers of the state:

1. Police power - promoting public welfare by restraining and regulating the use of liberty and property

2. Eminent domain - power of the state to take private property  for public use upon payment of just compensation (see Art 3, Sec. 9 of the Constitution)

3. Taxation - power of the state to enforce proportional contribution from persons and property for the support of the government and for all public needs

(See Isagani Cruz’s book on Political Law)

How to file an impeachment complaint: (see Art 11, Sec 3 of the Constitution)

1. Any member of the House or any citizen, upon endorsement by any member of the House, may file an impeachment complaint. It shall be filed with the Office of the Secretary-General and be referred to the Speaker of the House who shall have it included within ten session days upon receipt and shall be referred to proper committee within three session days after.

2. Under the Rules of the House, the Committee on Justice hall determine its sufficiency in form and in substance. They could also conduct public hearings.  The  Committee on Justice shall vote and must attain majority votes to refer the complaint to the House.

3. The House shall vote on the impeachment complaint and must attain 1/3  votes. Then refer it to senate.

*House of Representatives shall act as the sole prosecutor in the trial in Senate. Eleven members shall represent the House by vote of majority.

* Senate has the sole power to try and decide all cases of impeachment.

* When President is on trial, the Chief Justice shall preside, if any other officer, Senate President shall preside.

Political and Justiciable Question:

Political Question - Those questions which, under the Constitution, are to be decided by the people in their sovereign capacity; or in regard to which full discretionary authority has been delegated  to the legislative or executive branch of the government (Tanada v. Cuenco). Political questions are concerned with issues dependent on the wisdom, not legality of particular measure.

Justiciable Question - It implies a given right, legally demandable and enforceable, an act or omission violative of such right, and a remedy granted and sanctioned by law, for said breach of right.

Three principles in Constitutional Construction: (as mentioned in Francisco v. House of Representatives)

1. Verga legis - words used in the constitution must be given their ordinary meaning. Verba legis is also known as the plain-meaning rule.

2. Ratio legis est anima - should be interpreted in accordance with the intent of its framers

3. Ut magis valeat quam pareat -  the constitution must be interpreted as a whole

Requisites of Judicial Review:

1. Actual Case/ actual controversy/ justiciability

2. Legal standing/ locus standi - personal and substantial interest in the case such as the party has sustained or will sustain direct injury as a result of governmental act being challenged

3. Ripeness and maturity - the question of constitutionality  must be raised at earliest possible opportunity

4. Lis mota - the issue of constitutionality must be the very lis mota of the case. Otherwise, court shall decide on the case without assailing the constitutionality of a law.