Constitution- That body of rules and maxims in
accordance with which the powers of sovereignty are
habitually exercised.
independent of external control, and possessing a
government to which a great body of inhabitants render
habitual obedience.
Classification:
Distinguished from Nation- state is a legal or juristic
concept, while nation is an ethnic or racial concept
a. Written- precepts are embodied in one document
or set of documents.
Unwritten- rules which have not been integrated
into a single, concrete form but are scattered in
various sources.
b. Enacted (conventional) - conscious or deliberate
effort taken by a constituent body or ruler.
Evolved (cumulative) - result of political evolution.
c. Rigid- can be amended only by a formal and
usually difficult process.
Flexible- can be changed by ordinary legislation
Qualities of a good written Constitution:
a. Broad- covers all persons and things within the
territory of a State.
b. Brief- confine itself to basic principles to be
implemented with legislative details more adjustable
to change and easier to amend.
c. Definite- to prevent ambiguity
Essential parts of a good written Constitution:
a. Constitution of Liberty- sets forth the fundamental
civil and political rights of the citizens and imposing
limitations on the powers of government as means
of securing the enjoyment of those rights.
b. Constitution of Government- outlines the
organization of the government, enumerating its
powers, laying down certain rules relative to its
administration, defining the electorate.
c. Constitution of Sovereignty- points out the mode
or procedure in accordance with which formal
changes in fundamental law may be brought about.
Interpretation/Construction of the Constitution
a. Verba leais- ordinary meanings except where
technical terms are employed.
b. Ratio legis et anima- Intent of the framers
c. Ut maais valeat auam pereat- interpreted as a
whole.
Distinguished from Government- government is merely
an instrumentality of the State through which the will of the
State is implemented and realized
Elements of a State
a. People
b. Territory
i.
Archipelagic doctrine of national territory
ii.
Straight baseline method
iii.
UN Convention on the Law of the Sea
i.
Contagious Zone (12 miles)
ii.
Exclusive Economic Zone (200
miles)
Although the CZ and EEZ may not,
technically part of the territory of the
State, the coastal State enjoys
preferential rights over the marine
resources found within these zones.
c. Government- Instrumentality through which the will
of the State is formulated, expressed, and realized.
d. Sovereignty- supreme and uncontrollable power
inherent in a State by which that State is governed.
FUNDAMENTAL POWERS OF THE STATE
Distinction:
Police Power
Liberty and
property
By government
Property taken is
usually noxious or
intended for a
noxious purpose
and may thus be
destroyed
Compensation is
intangible
Eminent Domain
Property rights
Taxation
Property rights
By private entities
Property is
wholesome and
devoted to public
use or purpose
By government
Property is
wholesome and
devoted to public
use or purpose
It is the full and
fair equivalent of
the property taken
Protection given
and public
improvements
instituted by
government for
the taxes paid
Amendment- adds, reduces, deletes, without altering the
basic principle involved.
Revision- alters a basic principle in the Constitution
State- community of persons, more or less numerous,
permanently occupying a definite portion of territory,
Limitations: Bill of Rights
Police Power- power of promoting public welfare by
restraining and regulating the use of liberty and property
-
Most pervasive, the least limitable, and
the most demanding of the three
powers.
Justification found in the maxim
General welfare is the supreme law
Exercised by Legislature.
Limitations:
a. Lawful Subject- general welfare
b. Lawful means- means employed are reasonably
necessary for the accomplishment of the purpose,
and not unduly oppressive on individuals.
Power of Eminent Domain- inherent right of the State to
condemn private property to public use upon payment of
just compensation
Property condemned under police
power is usually noxious or intended for
a noxious purpose, hence no
compensation is paid.
Where a property interest is merely
restricted because the continued use
thereof would be injurious to public
interest, there is no compensable
taking (police power). However, when a
property interest is appropriated and
applied to some public purpose, there
is need to pay just compensation
(eminent domain).
private property shall not be taken
without just compensation
Congress and, by delegation, the
President, administrative bodies, local
government units, and even private
enterprises performing public services.
Taxation
-
Tax must not be confiscatory (due
process)
Uniform and equitable (equal protection
clause)
Public purpose
Exemptions:
a. Charitable
institutions,
churches,
and
parsonages or convents, mosques, non-profit
cemeteries,
all
lands,
buildings,
and
improvements used for religious, charitable or
educational purposes shall be exempt from
taxation.
b. Non-profit educational institution