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CASDL
Under the Doctrine of Constitutional Supremacy What is the presumption regarding self-executing and
if a law or contract violates any norm of the constitution that not self-executing constitutional provision
law or contract whether promulgated by the legislative or by
the executive branch or entered into by private persons for In case of doubt, the Constitution should be
private purposes is null and void and without any force and considered self-executing rather than non-self-executing.
effect. Thus, since the Constitution is the fundamental, Unless the contrary is clearly intended, the provisions of the
paramount and supreme law of the nation, it is deemed Constitution should be considered self-executing, as a
written in every statute and contract. Adhering to the doctrine contrary rule would give the legislature discretion to
of constitutional supremacy, the subject constitutional determine when, or whether, they shall be effective. These
provision is, as it should be, impliedly written in the bidding provisions would be subordinated to the will of the lawmaking
rules issued by respondent GSIS, lest the bidding rules be body, which could make them entirely meaningless by simply
nullified for being violative of the Constitution. It is a basic refusing to pass the needed implementing statute. (Manila
principle in constitutional law that all laws and contracts must Prince Hotel vs. GSIS)
conform with the fundamental law of the land. Those which
violate the Constitution lose their reason for being. (Manila What is the Filipino First Policy?
Prince Hotel vs. GSIS)
The Filipino First Policy is a product of Philippine
What is a self-executing constitutional provision?
nationalism. It means that Filipinos should be given
preference in the grant of concessions, privileges and rights
Self-executing constitutional provision is a
covering the national patrimony. (Manila Prince Hotel vs.
provision, which is complete in itself and becomes operative
GSIS)
without the aid of supplementary or enabling legislation, or
that which supplies sufficient rule by means of which the right
What is Nationalism?
it grants may be enjoyed or protected. Thus a constitutional
provision is self-executing if the nature and extent of the right
Nationalism is inherent in the very concept of the
conferred and the liability imposed are fixed by the
Philippines being a democratic and republican state, with
constitution itself, so that they can be determined by an
sovereignty residing in the Filipino people and from whom all
examination and construction of its terms, and there is no
government authority emanates. In nationalism, the
language indicating that the subject is referred to the
happiness and welfare of the people must be the goal. The
legislature for action. The legislature may still enact
nation-state can have no higher purpose. Any interpretation
legislation to facilitate the exercise of powers directly granted
of any constitutional provision must adhere to such basic
by the Constitution, further the operation of such a provision,
concept. Protection of foreign investments, while laudable, is
prescribe a practice to be used for its enforcement, provide a
merely a policy. It cannot override the demands of
convenient remedy for the protection of the rights secured or
nationalism. (Manila Prince Hotel vs. GSIS)
the determination thereof, or place reasonable safeguards
around the exercise of the right. (Manila Prince Hotel vs.
4 Characteristics of the Constitution
GSIS)
Supreme
Imperious
What is a not self-executing constitutional provision?
Absolute
Unalterable
A not self-executing constitutional provision is a
Except by the authority from which it emanates.
provision, which lays down a general principle, such as those
(Manila Prince Hotel vs. GSIS)
found in Article II of the 1987 Constitution. (Manila Prince
Hotel vs. GSIS)
The Family Code 3
CASDL
Three well-settled principles of constitutional The power to amend the Constitution or to propose,
construction amendments thereto is not included in the general grant of
legislative powers to Congress (Sec. 1, Art, VI, Const.) It is
Verba Legis wherever possible, the words used part of the inherent powers of the people - as the repository
in the Constitution must be given their ordinary of sovereignty in a republican state, such as ours (Sec. 1,
meaning except where technical terms are Art. II, Const.) To make and hence, to amend their own
employed Fundamental Law. Congress may propose amendments to
Ratio Legis Est Anima The words of the the Constitution merely because the same explicitly grants
Constitution should be interpreted in accordance such power (Sec. 1, Art. XV, Const.). Hence, when
with the intent of its framers exercising the same, it is said that Senators and Members of
Ut magis valeat quam pereat The Constitution is the House of Representatives act, not as members of
to be interpreted as a whole Congress, but as component elements of a constituent
assembly. When acting as such, the members of Congress
1987 Constitution derive their authority from the Constitution, unlike the people,
when performing the same function, for their authority does
The 1987 Constitution is the fourth fundamental law not emanate from the Constitution - they are the very source
to govern the Philippines since it became independent on of all powers of government, including the Constitution itself.
July 4, 1946 (Gonzales vs. COMELEC)
Yes. It is inherent in legislative power. The grant to Congress may determine what amendments it would have
Congress as a Constituent Assembly of such plenary the people ratify and thereafter take all the steps necessary
authority to call a constitutional convention includes, by virtue so that the approval or disapproval of the electorate may be
of the doctrine of necessary implication, all other powers obtained, the convention likewise, to my mind, should be
essential to the effective exercise of the principal power deemed possessed of all the necessary authority to assure
granted, such as the power to fix the qualifications, number, that whatever amendments it seeks to introduce would be
apportionment, and compensation of the delegates as well submitted to the people at an election called for that purpose.
as appropriation of funds to meet the expenses for the
election of delegates and for the operation of the May the people partially ratify or partially reject the
Constitutional Convention itself, as well as all other Constitution?
implementing details indispensable to a fruitful convention.
(Imbong vs. COMELEC) Yes Amendments (Isolated piecemeal change; one
proposal has no effect as to the others)
What are the required votes to approve proposals? No Revision
As to the period, the Constitution indicates the way Who has the power to submit the proposal to the
the matter should be resolved. There is no ambiguity to the people?
applicable provision: "Any amendment to, or revision of,
this Constitution shall be valid when ratified by a majority of SC is not ready to answer the question; however,
the votes cast in a plebiscite which shall be held not later Congress acting as a legislative body has the power to
than three months after the approval of such amendment or submit the proposal to the people.
revision." (Occena vs. COMELEC)