I. Introduction
Definition, Constitutional Law – study of the maintenance of the proper balance
of authority as represented by three inherent powers of the State and liberty as
guaranteed by the Bill of Rights
Definition, Constitution – that written instrument enacted by direct action people
by which the fundamental powers of the government are established, limited,
and defines, and by which those powers are distributed among the several
departments for their safe and useful exercise for the benefit of the body politic
What is the Doctrine of Constitutional Supremacy – the Constitution is the
fundamental and supreme law of the land, thus if a contract or law violates any
norm of the Constitution, that law or contract, whether promulgated by the
legislative or the executive branch of Government, and entered into by private
persons for private purposes, is null and void, and without any force and effect.
Manila Prince Hotel v. GSIS
- National Patrimony (Article 12) section in the constitution is a self-executing
provision as it clearly states that qualified Filipino corporations shall be given
priority; it is complete in itself. FILIPINO FIRST POLICY as embodied in the 1987
Constitution
- Default: the Constitution is self-executing, subject to exceptions (Article 2)
because if not, it is subject to the whims and capriciousness of the legislative
What is Judicial Review?
- is a court proceeding involving the review of the lawfulness of a decision
or action made by a public body.
- It is concerned with the matter of the right procedures having been
followed.
- Emanates from Section 1, Article VIII of the 1987 Constitution
Section 1, Article VIII of the !987 Constitution
“The judicial power shall be vested in one Supreme Court and in such lower courts
as may be established by law.
Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable
(justiciable question), and to determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government (judicial review).”
What are the REQUISITES of a Judicial Review?
1. Actual case or controversy – conflict of legal rights
*Even if the case is deemed by moot and academic, the Supreme Court is
not enjoined from giving its judicial review.
2. Proper Party
3. Earliest Possible Opportunity
4. Necessity (Determinative of the case)
GSIS Family Bank Employees Union v. Villanueva
FACTS: The employees wanted their Christmas bonus, but before the SC decided
the case, the bank has closed.
ISSUE: Does the SC need to rule on the case, it having been declared moot and
academic?
HELD: While it’s moot and academic, there are exceptions and this case falls
under the exception. There’s a need for the SC to do its symbolic function to
educate the public: propriety of Rule 65 as a remedy, W/N the closure of the bank
has rendered the case moot, W/N the bank is a GOCC
Is the case an opportunity for the court to educate the bench, bar, and the
public?
Zabal v. Duterte
FACTS: Petition regarding the foreclosure of Boracay for cleaning. Sand castle
maker, driver, and an occasional tourist dared to question regarding the
Jurisdiction over the subject matter
Cabral v. Bracamonte
The Heirs of Edgardo Dekl FOnso v. Guingona
Bagumbayan-VNP Movement, Inc. v. Commission on Elections
Inmates of the New Bilibid Prison v. de Lima
Kilusang Mayo Uno v. Aquino
Palencia v. People
What are the FUNCTIONS of JUDICIAL REVIEW?
Salonga v. Panp
What are the THREE INHERENT POWERS OF THE STATE?
- These powers touch on the rights of the people
1. Police Power
2. Power of Taxation – may be delegated to the Executive (tariff)
3. Power of Eminent Domain
What are their similarities?
What are their distinctions?
What are their limitations? THE BILL OF RIGHTS
What is POLICE POWER?
This is the most pervasive. The power of overwhelming necessity. For the sake of
greater majority for public safety. OF the three powers, all you need is police
power because sometimes taxation and eminent domain is a function of police
power.
Who exercises POLICE POWER?
The legislature exercises this, but sometimes delegates it to the executive and the
LGU. When the LGU invokes police power, it is not an inherent power, it is a
statutory power and the LGU exercises it only as a delegate under the express
delegation in the Local Government Code of 1991.