JUDGE SINGCO NOTES

November 9, 2017

Delegation of Powers

Once a power has been assigned to a branch it cannot be delegated to another branch because
it would violate separation of powers.

Passage of Laws

Any law that is passed by Congress is subject to amendment, alteration, or even repeal.

Take note: Meaning of people refers to the electorate or the voters.

Section 2

What we are renouncing is an offensive war and we cannot totally renounce war because it is
the duty of the government to defend its state. We cannot renounce a defensive war.

Q: Who has the power to declare the existence of a state of war?

A: Congress by 2/3 vote voting separately in a joint session.

Incorporation Clause

Two Modes/Methods by which generally accepted principles of International Law are adopted
as part of our laws:

1. Transformation
- Requires express adoption by Congress
- Convert a generally accepted principle of International law as a local law or municipal
law
2. Incorporation
1. Court makes a declaration that it is part of our legal system
2. Constitution itself. We adopt this in Section 2.

Q: What are the sources of generally accepted principles of international law?

A:

1. Treaties ratified by President

- Must be ratified by the president with concurrence of 2/3 of the Senate.
- Part of our legal system as an ordinary law
2. Norms of General / Customary International Laws
Two requirements must be established to consider a practice as customary law which is
part of the generally accepted principles of international law. Therefore, automatically
incorporated as part of the legal system:

1. There has to be an established, widespread, and consistent practice on the part of

the states

2. There has to be a psychological element known as opinion as to the law or

necessity. In the latter element is belief that practice, and question is render
obligatory by the existence of the rule of law requiring it. They are bound to follow.
Because somehow there is a non-written rule that they must comply with that
practice. Otherwise,if you are based on the same situation, you might not be
accorded the same privilege.
 Case: Llamanzarez vs COMELEC

International Law: Reduction of Statelessness

- Foundlings are citizens of the country where they are found

 Case: Province of North Cotabato vs Republic of the Philippines
JUDGE SINGCO NOTES

- Right of people to assert oneness or Right of Self- DeterminationTreaties that have

become Customary International Law
 Case: Ladlad LGBT Party vs COMELEC
- SC: you need legislation to incorporate Yogyakarta principle.
1. Treaties that have become part of Customary Law
- In The Case Of Jalandoni Case Vs. A Japanese Soldier.
O He questioned the jurisdiction of the military commission saying that you are
not a signatory to the Kelogg-Briand pact. SC said otherwise. The Kelogg-
Briand pact became a customary international law and under the doctrine of
incorporation, it is treated automatically as a domestic law and can be
automatically applied in the ph as if it is a statute.
- “ Breast milk is still the best milk.”

1. If it's a treaty vs. Constitution, Constitution will always prevail because of the
supremacy of the Constitution.

2. If statute vs. Treaty,

A) Generally our courts will always uphold the Statute.

B) But if the conflict is to be decided by a court other than ours, you consider
which one was first passed or entered into.

Section 5- Maintenance of Peace and Order

Case: Chavez vs Romulo

Q: Is bearing of firearms Constitutional right? Is it a property right?

A: NO! Neither a property nor a constitutional right subject to the protection of due process of
law. It is one privilege granted by the state and which can be revoked by the state anytime.

Section 6 – Separation of Church and State

Provisions implementing

In subsequent provisions of the constitutions, we have the:

1. Non establishment of religion

2. Prohibition against accreditation of the church or religious sector as a party list

3. Prohibition against a representative coming from a religious sector

4. Prohibition against the appropriation of public funds for the support of religion or any sector of
society except when they are paid to priests, ministers or other

Exceptions

There are however exceptions:

1. When the state has accommodated religion because they acknowledge the contribution of
religion to the promotion of general welfare.

2. Optional religious instruction in public, elementary and high schools

3. On the matter of appropriation of public funds, when the funds are used by priests and
ministers.

4. On the ownership of educational institution