CONSTITUTIONAL LAW II I.

Nature of the Constitution Purposes of the Constitution:

1. to prescribe the framework of a system of government

2.to assign to the several departments their respective powers and duties
3. to establish certain fixed principles on which government is founded
Classification of the Constitution:

1. written

2.conventional (or enacted)

3. rigid
Essential Qualities of the Written Constitution:

1. broad 2. brief 3. clear

Essential Parts of the Written Constitution:

1. constitution of liberty 2. constitution of government 3. constitution of sovereignty

2 steps in the amendment or revision of our Constitution:

1. Proposal

1.Constituent Assembly (vote of of Congress) 2.Constitutional Convention (call by 2/3 vote of Congress, or thrown to people by majority vote of
Congress)

3.People's Initiative [Amendment only] (12% of registered voters with 3% of registered voters in each
legislative district) 2. Ratification (majority of the votes cast in the plebiscite; 60-90 days)
Judicial Review of Amendments

The amending process, both as to proposal and ratification, raises a judicial question (Sanidad vs COMELEC)
Doctrine of Proper Submission

Amendments cannot be submitteed to the people in a piecemeal fashion wherein the other amendments are to follow. The people should have a frame of reference from which to read the amendments being proposed.
(Tolentino vs COMELEC) II. The Constitution and The Courts Voting on en banc cases

majority of the members who actually took part in the deliberation on the issues in the case and voted thereon
Doctrine of Purposeful Hesitation

- symbolic function of the court - the court would not decide on matters which are considered political questions
Requisites of Judicial Inquiry: [APE-N]

1.A CTUAL CASE - there must be an actual case or controversy

Actual case- conflict of legal rights, an assertion of opposite legal claims susceptible of judicial

adjudication

2.P ROPER PARTY - the question of constitutionality must be raised by the proper party

Proper party one who has sustained or is in immediate danger of sustaining an injury as a result of the act complained of

3.E ARLIEST OPPORTUNITY - the constitutional question must be raised at the earliest possible opportunity

what is not alleged cannot be proven if question is not raised in the pleadings, it could not be raised at the trial, except:
Diory Rabajante