NOTES to Constitutional Law 1:

Supremacy of the Constitution

(Social Justice Society vs. Dangerous Drugs Board and PDEA)

The Constitution is the basic law to which all laws must conform; no act shall be valid if it conflicts with the Constitution. In the discharge of their defined functions, the three departments of government have no choice but to yield obedience to the commands of the Constitution. Whatever limits it imposes must be observed.

Grave abuse of Discretion

(Veterations Federation Party vs. COMELEC)

By grave abuse of discretion is meant such capricious or whimsical exercise of judgment equivalent to lack or excess of jurisdiction. Requirements for Judicial Review:
(Mariano vs. COMELEC)

The requirements before a litigant can challenge the constitutionality of a law are well delineated. They are: 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; and (4) the decision on the constitutional question must be necessary to the determination of the case itself. Sec. 5, Art. VI
(Veterations Federation Party vs. COMELEC)

A) Our 1987 Constitution introduced a novel feature into our presidential system of government -- the party-list method of representation. Under this system, any national, regional or sectoral party or organization registered with the Commission on Elections may participate in the election of party-list representatives who, upon their election and proclamation, shall sit in the House of Representatives as regular members.[4] In effect, a voter is given two (2) votes for the House -- one for a district congressman and another for a party-list representative.[5] B) To determine the winners in a Philippine-style party-list election, the Constitution and Republic Act (RA) No. 7941 mandate at least four inviolable parameters. These are: First, the twenty percent allocation - the combined number of all party-list congressmen shall not exceed twenty percent of the total membership of the House of Representatives, including those elected under the party list. Second, the two percent threshold - only those parties garnering a minimum of two percent of the total valid votes cast for the party-list system are qualified to have a seat in the House of Representatives; Third, the three-seat limit - each qualified party, regardless of the number of votes it actually obtained, is entitled to a maximum of three seats; that is, one qualifying and two additional seats. Fourth, proportional representation - the additional seats which a qualified party is entitled to shall be computed in proportion to their total number of votes.

Enrolled Bill Doctrine

(Astorga vs. Villegas)

It may be noted that the enrolled bill theory is based mainly on "the respect due to coequal and independent departments," which requires the judicial department "to accept, as having passed Congress, all bills authenticated in the manner stated."
(Mabanag vs. Vito)

The SC is bound by the contents of a duly authenticated resolution (enrolled bill) by the legislature. In case of conflict, the contents of an enrolled bill shall prevail over those of the journals.

One-title, One-subject Rule

(Mariano vs. COMELEC)

., we reiterated the policy of the Court favoring a liberal construction of the "one title-one subject" rule so as not to impede legislation.. To be sure, with Constitution does not command that the title of a law should exactly mirror, fully index, or completely catalogue all its details. Hence, we ruled that "it should be sufficient compliance if the title expresses the general subject and all the provisions are germane to such general subject."

Doctrine of Delegation of Powers

(Eastern Shipping Lines vs. POEA)

Legislative discretion as to the substantive contents of the law cannot be delegated. What can be delegated is the discretion to determinehow the law may be enforced, not what the lawshall be. The ascertainment of the latter subjectis a prerogative of the legislature. This prerogative cannot be abdicated or surrendered by the legislature to the delegate. The principle of non-delegation of powers is applicable to all the three major powers of the Government but is especially important in the case of the legislative power because of the many instances when its delegation is permitted. Principle of non-delegation of power
(Santiago vs. COMELEC)

The rule is that what has been delegated, cannot be delegated or as expressed in a Latin maxim: potestas delegata non delegari potest. The recognized exceptions to the rule are as follows: 1. Delegation of tariff powers to the President under Sec. 28(2), Art. VI; 2. Delegation of emergency powers to the President under Sec. 23(2), Art. VI; 3. Delegation to the people at large; 4. Delegation to local governments; and 5. Delegation to administrative bodies Reasons for the delegation of powers: a.increasing complexity of the task of government b.growing inability of the legislature to cope directly with the myriad problems demanding its attention. c.The growth of society has ramified its activities and created peculiar and sophisticated problems that the legislature cannot be expected reasonably to comprehend. d.proliferation of specialized activities Power of Subordinate Legislation
(Eastern Shipping Lines vs. POEA)

administrative bodies may implement the broad policies laid down in a statute by "filling in" the details which the Congress may not have the opportunity or competence to provide. This is effected by their promulgation of what are known as supplementary regulations, such as the implementing rules issued by the Department of Labor on the new Labor Code. These regulations have the force and effect of law.

Tests of Valid Delegation

(Eastern Shipping Lines vs. POEA)

The completeness test and the sufficient standard test are the two accepted tests to determine whether there is valid delegation of legislative power. The completeness test Under the first test, the law must be complete in all its terms and conditions when it leaves the legislature such that when it reaches the delegate the only thing he will have to do is enforce it. The sufficient standard test Under the sufficient standard test, there must be adequate guidelines or limitations in the law to map out the boundaries of the delegate's authority and prevent the delegation from running riot. Both tests are intended to prevent a total transference of legislative authority to the delegate, who is not allowed to step into the shoes of the legislature and exercise a power essentially legislative.