PCon
PCon
PCon
• The Free Exercise Clause mandates an ➢ Section 7. The State shall pursue
absolute protection of the freedom to an independent foreign policy. In
believe. its relations with other states, the
paramount consideration shall be
m. Exception to the Doctrine of national sovereignty, territorial
Separation of Church and State integrity, national interest, and the
right to self-determination.
• The constitution expressly carves out
exceptions to the principle of state o. Freedom from Nuclear Weapons
neutrality to religion, in favor of the (Sec. 8)
Muslim minority: (1) The Congress shall
enact an organic act for each autonomous ➢ Section 8. The Philippines,
region, (2) The organic act shall define the consistent with the national
basic structure of government [and] shall interest, adopts and pursues a
likewise provide for special courts with policy of freedom from nuclear
personal, family, and property with weapons in its territory.
jurisdiction consistent with the provisions
of this Constitution and national laws. p. Social Justice (Sec. 10) – Calalang v.
Williams (1940)
This was implemented through a Code of
Muslim Personal Laws of the Philippines ➢ Section 10. The State shall promote
and Shari’ah courts that provide personal social justice in all phases of
jurisdiction of laws and courts based on national development.
religion.
• Several religious holidays are recognized • “The social justice provisions of the
as official holidays for the country: Constitution are not self-executing
Maundy Thursday, Good Friday, All principles ready for enforcement through
the courts. They are merely statements of shall protect the rights of workers
principles and policies. To give them and promote their welfare.
effect, legislative enactment is required.” ➢ Sec. 21. The State shall promote
• The acute imbalance between the rich comprehensive rural development
and the poor and the resultant and agrarian reform.
divisiveness and hostility between
them. Want is a constant companion.
Oppression is always close by. It doesn’t
cater to status, but to the unwarranted
injustice. SC declared to stand in a
similar manner in terms of employer vs.
labor disputes.
• The classic definition of social justice is
found in Calalang v. Williams, where
Justice Laurel declared as follows:
• “Social justice is ‘neither communism, nor
despotism, nor atomism, nor anarchy, but
the humanization of laws and the
equalization of social and economic forces
by the State so that justice in its rational
and objectively secular conception may at
least be approximated. Social justice
means the promotion of the welfare of all
the people, the adoption by the
Government of measures calculated to
insure economic stability of all the
component elements of society, through the
maintenance of a proper economic and
social equilibrium in the interrelations of
the members of the community,
constitutionally, through the adoption of
measures legally justifiable, or extra-
constitutionally, through the exercise of
powers underlying the existence of all
governments on the time-honored principle
of salus populi est suprema lex.”
• Multiple cases may have the same G.R. number Brief History of the Constitution
especially when a party files for a Motion for
Reconsideration (usually filed by the losing • Precolonial period had datus, with the tribes
party, and in some unique cases, by both parties being mainly bound by commercial ties with
if they are in disagreement with the ruling) as other countries, before the Spaniards colonized it
they are both contained in a rollo (a complete in 1521 for almost 333 years. Rizal and the
archive of a specific case), prompting the other propagandists ignited patriotism, and
researches to be careful in navigating. In this through Bonifacio’s revolution under the
case, SCRA is more useful in searching for the generalship of Aguinaldo, Philippines gained its
cases as it avoids confusion. first Independence was proclaimed in June 12,
1898, with the First Republic being established
• _____ SCRA _____ means the page then the in January 21, 1899 as Aguinaldo the President
volume of the specific case. (Malolos Constitution, the first democratic
constitution in Asia, established a parliamentary
• The case of El Banco Español Filipino v Vicente
system).
Palanca G.R. No. L-11390 that was almost from
100 years ago that includes the L in the case • Due to the Treaty of Paris (December 10, 1898)
number, creating another point in the matter. by Spain and America ($20,000,000), Philippines
fell on another country’s control. From military to
• The President has the power of “veto”
civilian rule, William Howard Taft became the
(disapproval of bill by the President). The
first governor in July 4, 1901 (Schurmann C. ->
Congress may reconsider if the House can
Taft C. -> Spooner Amendment). The Philippine
override the decision by compromising two-thirds
Assembly (1907-1916) were replaced with
of votes. The President shall communicate his veto
Philippine Autonomy Act (Jones Law – ‘til
of any bill to the House where it originated within
1935), introduced the Senate and House of
thirty days after the date of receipt thereof,
Representatives. Tydings-McDuffie Act authorized
otherwise, it shall become a law as if he had
the establishment of Commonwealth to prepare
signed it.
the Philippines for its independence if they will be
• A docket is an official summary or record of all able to prove themselves within a ten-year
the actions and decisions in a particular legal transition period.
case. It’s like a diary or a timeline for a lawsuit.
• 1935 Constitution was ratified on May 14,
• An undocketed case is when the docket fee with the inauguration taking place in November
has not yet been paid. Undocketed cases are still 15 in the same year. Quezon and Osmeña being
numbered, and may be ruled on at the discretion the Pres. and VP respectively. Jose P. Laurel
of the court, and assigned with UDK number (puppet president) took the duty once WWII was
(A.M. No. 10-4-20-SC). within the Philippines’ sphere. This will last for
over three years (1942-1945; Japanese invasion).
• A charter is an official document granting,
guaranteeing, or showing the limits of the rights • U.S withdrew itself on July 4, 1946 after the
and duties of the group to which it is given. war, with Roxas proclaimed as the new
President.
• The laws passed by the city, municipal or
provincial government (local government) are in • Deliberations on designing a new Constitution
the form of ordinances. took place in 1971 for a revision, establishing the
1973 version (under Proclamation No. 1102).
• Statute is an act of legislature commanding or There was an issue of validity (Ratification Cases)
prohibiting something a particular law enacted of the proclaimed “ratified by an overwhelming
and established by the will of legislative majority of people” due to the declaration of
martial law at the time but was dismissed Vox populi – the opinions or beliefs of the
(together with the Habeas Corpus Cases) by the majority; voice of the people.
SC.
Politics – process that determines the
• September 21, 1972, under Proclamation No. distribution of power and resources; deals with
1081, the country was placed under martial law. how people influence others in satisfaction of
interests; art of governing, of public affairs, of
• January 17, 1981 (P.N. 2045), martial law was making compromise and consensus, and source
lifted. of legitimacy to rule.
• Snap election took place after the President Government – system that serves as an entity or
submitted a sudden resignation on February 7, formal structure in which the state exercises its
1986, with the winner being Marcos Sr. and legitimate power to govern as mandated by the
Tolentino, causing a massive outcry from the constitution, organic laws, or customs and
public. traditions.
• Aquino and Salvador were inducted in place of Governance – structures and processes designed
the ousted Marcos on February 25, 1986 due to to ensure accountability, transparency,
the People Power maneuvered by Defense responsiveness, rule of law, stability, equity and
Minister Enrile and General Ramos on February inclusiveness, empowerment, and broad-based
22, 1986. participation.
• The “Freedom Constitution” was expected Law – a rule made by a government that states
from the new government. In Proclamation No. 9, how people may and may not behave in society
she created a Constitutional Commission and in business, and that often orders particular
composed of fifty members appointed by her and punishments if they do not obey, or a system of
charged it to frame a new charter not later than such rules.
September 2, 1986. All but one of those
appointed accepted and immediately undertook Jurisprudence – it is derived from the Latin term
their mission under the presidency of Justice juris prudentia, which means “the study,
Cecilia Muñoz-Palma. A plebiscite for the draft knowledge, or science of law.” It commonly
charter’s ratification was held on February 2, means the philosophy of law.
1987. More than three-fourths of all votes cast
(16,622,111 or 77.04% out of 21,785,216) were Morality – it has been defined to include: all
for ratification; thus, the 1987 Constitution took manner of rules, standards, principles or norms
effect. by which men regulate, guide and control their
relationships with themselves and with others.
• The rest of the government soon underwent
reorganization in accordance to the newly Doctrine – it is a framework, set of rules, core
promulgated Constitution. principles, or theories that are widely followed in
a field of law.
• The foregoing proposed Constitution of the
Republic of the Philippines was approved by the Plebiscite – the electoral process by which an
Constitutional Commission of 1986 on the initiative on the Constitution is approved or
twelfth day of October, Nineteen hundred and rejected by the people.
eighty-six, and accordingly signed on the fifteenth
day of October, Nineteen hundred and eighty-six Ratification (Oxford). The action of signing or
at the Plenary Hall, National Government Center, giving formal consent to a treaty, contract, or
Quezon City, by the Commissioners whose agreement, making it officially valid.
signatures are hereunder affixed.
Justice – is a legal structure or system that is
designed to judge in a general sense who should
be accorded a benefit or burden when the law is
Terminologies applied to a person’s factual circumstances and
the ethical, philosophical idea that people are to
Legalese (legal jargon) – a technical form of be treated impartially, fairly, properly, and
writing often used by lawyers and members of reasonably by the law and by arbiters of the law,
the legal community to discuss legal definitions, that laws are to ensure that no harm befalls
terms, laws, and contracts. another.
En banc – is French for “on the bench” which discretion of the officers who are required to
refers to a special procedure where all judges of a investigate the facts or ascertain from the
particular court hear a case when the court existence of facts, hold hearings and draw
believes that the matters are especially complex conclusions from them as a basis for their official
or important. action to exercise discretion of a judicial nature.
Social justice (Salus populi suprema lex esto) – Jurisdiction – authority given by law to a court
the promotion of the welfare of all the people, the to try cases and rule on legal matters.
adoption by the Government of measures
calculated to insure economic stability of all the Appropriations – an authorization made by law
competent elements of society, through the or legislative enactment directing payment out of
maintenance of a proper economic and social government funds under specified conditions or
equilibrium in the interrelations of the members for specific purposes.
of the community.
Bill - a legislative proposal for enactment of a
Equity – fairness and justice; whereas equality law; it may become a law, even without the
means providing the same to all, equity means President’s signature, if the President does not
recognizing that we do not all start from the same sign a bill within 30 days from receipt in his
place and must acknowledge and make office.
adjustments to imbalances.
Tariff – duties and tax imposed by a government
Classifications of law – Philippine law can be on imported or in some countries exported goods.
classified into substantive law, procedural law,
Tribunal – a special court or group of people who
and administrative law. Substantive laws are the
are officially chosen, especially by the
Revised Penal Code, Civil Law, Labor Code, and
government, to examine (legal) problems of a
Taxation Law.
particular type.
Suffrage – means the right to vote. When citizens
Writ of habeas corpus – a speedy and effectual
have the right to vote for or against laws and
remedy to relieve persons from unlawful
leaders, that government is called a “democracy”,
restraint.
where voting is one of its most important
principles.
Subpoena is an order issued by a court or a
government agency requiring an individual to
Citizenship – a legal status and relation between
appear at a specific time and place to testify as a
an individual and a state that entails specific
witness or to produce documents.
legal rights and duties.
Litigation – a legal proceeding; a process where
Amendment – the process of formally altering or
someone is taking legal actions against
amending a law or document (such as a
something such as a lawsuit, legal case, and/or a
constitution).
judicial dispute; method of settling disputes
Provision – is a specific requirement or rule before the court.
within a legal document or law, also known as a
Prescribe – “to lay down a rule,” including legal
contract clause.
rules or orders.
Writ – written document or order issued by a
court in the name of a sovereign authority
requiring the performance of a specific act.