CONSTITUTIONAL LAW 11 and HUMAN rights

Prof: Comm Wilhelm D. Soriano

This course deals primarily with the exercise of the powers of the State in relation to the
exercise of the freedom of the People.
The flow of discussions would be based on the Book of Justice Isagani Cruz
Constitutional Law.
The materials and discussions on Human Rights shall be supplied by Comm. Soriano.
INTRODUCTION:
1- Constitutional Law is the study of the maintenance of the proper balance between
authority as represented by the three inherent powers of the State and liberty of the
People as guaranteed by the Bill of rights

2- The true role of Constitutional Law is to effect an equilibrium between authority and
liberty so that rights are exercised within the framework of the law and laws are
enacted with due deference to rights


3- These powers and rights countercheck but are not necessarily hostile to each other.
They have a common objective: Co-existence, their ultimate goal is the same a well-
ordered society based on the inviolability of rights which, although they may not be
curtailed arbitrarily, may nevertheless be regulated for the common good

4- Once authority is established, it is necessary to define and limit its reach, lest regulation
become encroachment and the pristine purity of rights is debased by naked power

5- In the same context, freedom of an individual is not absolute. While man is given free
will, he must exercised his freedom in consideration with others freedom and must act
in accordance with the norms of the society where he lives. Remember also the golden
rule do unto others as you would like others do unto you



6- There is a saying that no man is an island, meaning that man cannot live alone by
himself, men are not independent of one another, but need the aid and cooperation of
others in the production of necessities of life. Man must live in a society that has legal
ordering called the State. When we become a member of a civilized society called a
democratic government, we surrender some of our freedom and submit to the
authority of the State, for the good of everybody

7- Marcelo H. Del Pilar, one of the leading writers of the Philippine Propaganda Movement
during the Philippine Revolution and the so called Brain of the Katipunan, declared
that The perfection of humanity is not possible without freedom for the Individuals.
Thus, the existence of the political organizations are justified insofar as they have for
their primary aim the defense and protection of freedom


8- In other words, a political organization such as the government must possessed powers
to compel obedience. The totality of governmental power is contained in the three
inherent powers, namely; police power, power of taxation, and power of eminent
domain

9- Likewise, it is also affirmed in our constitution that sovereignty resides in the people and
all authority of the government emanates from them. The citizenry, and not the
officialdom, is recognized as the origin, and therefore also the restriction, of all
government authority

10- The question therefore, of the relation of the Citizen to the State and his protection
from the State has been a perennial problem of law and politics. Hence, governance
becomes the delicate art of balancing the exercise of the power of the government and
the exercise of the freedom of the governed. The power of the government must not
outweigh freedom of the individuals, and conversely, the exercise of the freedom of the
individual must not also outweigh the authority of the law


11- The purpose of the Constitution is
a-to prescribe the permanent framework of a system of government
b-to assign to the several departments their respective powers and duties
c-to establish certain fixed principles on which government is founded

12- A Constitution, according to Justice Malcolm is the written instrument enacted by
direct action of the people by which the fundamental powers of the government are
established, limited and defined, and by which those powers are distributed among the
several departments for their safe and useful exercise for the benefit of the body
politic

13- The Constitution is the basic and paramount law to which all other laws must conform
and to which all persons, including the highest official of the land, must defer. No act
shall be valid, however nobly intentioned, if it conflicts with the Constitution. The
Constitution must ever remain supreme

14- The Constitution of the Philippines is classified as written, conventional and rigid.

Written is one whose precepts are embodied in one document or set of documents
Conventional is an enacted formally at a definite time and place following a conscious or
deliberate effort taken by a constituent body

Rigid is one that can be amended only by a formal and usually difficult process

15- A good written Constitution must be

Broad, not only because it provides for the organization of the entire government and
covers all persons and things within the territory of the State but more so because it is
supposed to embody the past, to reflect the present, and to anticipate the future

Brief and confine itself to basic principles to be implemented with legislative details and
adjustable to change and easier to amend

Clear or definite, lest ambiguity in the provisions result in confusion and divisiveness
among the people, and perhaps even physical conflict

16- The Constitution, like statutory enactments, should be read in accordance with usual
rules on interpretation and construction. Chief among these is the canon that it should
be interpreted in such a way as to give effect to the intendment of the framers.


Of particular importance also is the rule that, in case of doubt, the provisions of the
Constitution should be considered as self-executing rather than non-self-executing;
mandatory rather than directory; prospective rather than retrospective. It must be
progressive, meaning, the Constitution must change with the changing times and moods
of the people, lest it impede the progress of the people with antiquated rules grown
ineffective in a modern age

17- Although holding neither purse or sword, the judiciary occupies a vital and
indispensable part in our system of government, for it is the ultimate guardian of the
Constitution. The major departments, if only because of the nature of their powers,
have a tendency to bend if not actually break the laws, when these happens, the
judiciary is expected to rectify the wrong and affirm its sacred and solemn duty to
uphold the Constitution


18- Requisites of a Judicial Inquiry;
1-there must be an actual case or controversy
2-the question of constitutionality must be raised by the proper party
3-the constitutional question must be raised at the earliest possible opportunity
4-the decision of the constitutional question must be necessary to the determination of
the case itself

19- Earliest opportunity must be at the pleadings, otherwise, it cannot be raised in the trial,
as well as, in the appeal, except; in criminal cases where it can be raised anytime at the
discretion of the Court; in civil cases where it is necessary to the determination of the
case itself; and in every case if it involves the jurisdiction of the court, except when
there is estoppels

20- Effects of declaration of unconstitutionality orthodox view, an unconstitutional act is
not a law, it confers no rights, it imposes no duties, it affords no protection, it creates no
office, and in legal contemplation, inoperative, as if it had not been passed. It is
therefore stricken out from the statute books and considered never to have existed.
However, in so many cases, the Supreme Court applying considerations of equity and
natural rights, relaxed the application of the orthodox view and recognizes rights
acquired by the parties