Constitution

That body of rules and maxims in accordance with which the powers of sovereignty are
habitually exercised.

–Cooley, Constitutional Limitations

Constitutional Law

The study of the maintenance of the proper balance between (1) Authority as represented by
the three inherent powers of the State and (2)Liberty as guaranteed by the Bill of Rights.

-Cruz, Constitutional Law, 1993 ed.

Philippine Constitution

Written instrument enacted by direct action of the people by which the fundamental powers of the
government are established, limited and defined, and by which those powers are distributed among
several departments for their safe and useful exercise for the benefit of the body politic.

-Malcolm, Philippine Constitutional Law

Political Law

Branch of Public Law which deals with the organization and operations of the governmental
organs of the State and defines the relations of the State with the inhabitants of its territory.

-People v Perfecto, 43 Phil. 887 / Macariola v. Asuncion, 114 SCRA 77

Purpose of the Constitution

To Prescribe the permanent framework of a system of government, to Assign to several

departments their respective powers and duties, and to Establish certain first principles on which the
government is founded.

-11 Am. Jur. 606

Classification

a. Written or Unwritten

- A written one whose precepts are embodied in one document or set of

documents;
 - while an unwritten constitution consists of rules which have not been
integrated into a single, concrete form but are scattered in various sources,
such as statutes of a fundamental character, judicial decisions,
commentaries of publicists, customs and traditions, and certain common law
principles

b. Enacted(conventional) or Evolved(cumulative)

- A conventional constitution is enacted, formally struck off at a definite time

and place following a conscious or deliberate effort taken by a constituent
body or ruler;

- A cumulative constitution is the result of political evolution, not inaugurated

at any specific time but changing by accretion rather than by any systematic
method.

c. Rigid or Flexible

- A rigid constitution is one that can be amended only by a formal and usually
difficult process;

- A flexible constitution is one that can be changed by ordinary legislation.

Qualities of a Good Written Constitution:

a. BROAD – not just because it provides for the organization of the entire government and covers
all persons and things within the territory of the State but because it must be comprehensive
enough to provide for every contingency.

According to Cruz, it is supposed to Embody the past, Reflect the present, and Anticipate the
future.

b. BRIEF – it must confine itself to basic principles to be implemented with legislative details
more adjustable to change and easier to amend.

c. DEFINITE – to prevent ambiguity in its provisions which could result in confusion and
divisiveness among the people.

Essential Parts of a Good Written Constitution

1. Constitution of LIBERTY – the series of prescriptions setting forth the fundamental civil and
political rights of the citizens and imposing limitations on the powers of government as a means of
securing the enjoyment of those rights, e.g, Art III.
 2. Constitution of GOVERNMENT – the series of provisions outlining the organization of the
government, enumerating its powers, laying down certain rules relative to its administration, and
defining the electorate, e.g., Art VI, VII, VIII and IX

3. Constitution of SOVEREIGNTY – the provisions pointing out the mode or procedure in

accordance with which formal changes in the fundamental law may be brought about, e.g. Art.
XVII.

Interpretation/Construction of the Constitution

CASE: Francisco v. House of Representative G.R. No. 160261 Nov. 10, 2003

The SC made reference to the use of well-settled Principles of Constitutional Construction.

1. Verba Legis – the words in the Constitution must be given their ordinary meaning except where
technical terms are employed.

2. Ratio Legis (ratio legis et anima) – when there is ambiguity, the words of the Constitution
should be interpreted in accordance with the intent of the framers.

3. Ut Magis Valeat Quam Pereat – interpretation of the Constitution as a whole.

Self-executing Provisions

A provision which lays down a general principle is usually not self-executing. But a provision
which is complete in itself and becomes operative without the aid of supplementary or enabling
legislation, or that which supplies a sufficient rule by means of which the right it grants may be enjoyed or
protected, is self-executing.

CASE: Manila Prince Hotel v. GSIS, G.R. No. 122156 Feb. 03, 1997

a.k.a the case of the FILIPINO FIRST POLICY

A constitutional provision is self-executing if the nature and extent of the right conferred and the
liability imposed are fixed by the Constitution itself, so that they can be determined by an examination and
construction of its terms, and there is no language indicating that the subject is referred to the legislature
for action.

CASE: Pamatong v. COMELEC, G.R. No. 161872 Apr. 13, 2004

a.k.a the case of the NUISANCE CANDIDATES

Under the Constitution (Article II, Section 26), "the State shall guarantee equal access to
opportunities for public service xxx." Would the Comelec's act of disqualifying the so-called "nuisance"
candidates violate this constitutional provision?
 Sec. 26, Art II of the Philippine Constitution neither bestows a right nor elevates the privilege to
the level of an enforceable right. Like the rest of the policies enumerated in Art. II, the provision does not
contain any judicially enforceable constitutional right but merely specifies a guideline for legislative or
executive action. The disregard of this provision does not give rise to any cause of action before the
courts.

Amendment v. Revision

1. Amendment – broadly refers to a change that adds, reduces, deletes, without altering the
basic principle involved.

2. Revision – broadly implies a change that alters the basic principle in the Constitution, like altering
the principle of separation of powers or the system of checks and balances; revision also occurs
when the changes alters the substantial entirety of the Constitution.

Constituent v. Legislative Power

1. Constituent Power – the power to formulate a Constitution or to propose amendments to or

revisions of the Constitution and to ratify such proposal;

Exercised by:

a. Congress - by Special Constitutional Conferment)

b. Constitutional Convention

c. Constitutional Commission

d. By the People – through initiative and referendum

e. By the Sovereign Electorate

Requisite:

Does not need the approval of the Chief Executive

2. Legislative Power – the power to pass, repeal, or amend or ordinary laws or statutes(as
opposed to organic law);

Exercised by:

a. Congress

b. By the People – through initiative and referendum

Requisite:
 Ordinarily requires the approval of the Chief of Executive.

Exception – when done by the people through initiative and referendum.

The Amendatory Process

A. Proposal [Sec. 1-3. Art. XVII]

1. Congress – Votation according to a % of all members. Majority of authorities opine that this is
to be understood as ¾ of the Senate and ¾ of the House of Representatives.

2. Constitutional Convention – when called into existence either by a 2/3 vote of all the
members of Congress, or (if such vote is not obtained) by a majority vote of all the members of
Congress with the question of whether or not to call a Convention be resolved by the people in a
plebescite [Sec. 3, Art. XVII]

3. People – through the power of initiative [Sec. 2, Art XVII].

When applied: ONLY TO AMENDMENTS and NOT A REVISION

Requisite: a petition of atleast 12% of the total number of registered voters, of which
every legislative district must be represented by at least 3% of the registered voters
therein.

Limitation: NO AMENDMENT in this manner shall be authorized within FIVE YEARS

following the ratification of this Constitution NOR MORE THAN ONCE EVERY FIVE
YEARS thereafter.

B. Ratification [Sec. 4, Art. XVII]

How is it done: the proposed amendment shall become part of the Constitution when ratified by
a majority of the votes cast in a plebiscite.

When must it be done: plebiscite must be held not earlier than 60days nor later than 90days
after the approval of the proposal by Congress or the Constitutional Convention, or after the
certification by the Commission on Elections of the sufficiency of the petition for initiative under
Sec. 2, Art XVII.

Points to remember:

1. Plebiscite may be held on the same day as REGULAR ELECTIONS

2. Doctrine of Proper Submission – because the Constitution itself prescribes the time frame
within which the plebiscite is to be held, there can no longer be a question on whether the
time given to the people to determine the merits and demerits of the proposed amendment is
adequate.

3. Submission for Ratification of the Constitution must be done by ONE PLEBESCITE ONLY.

C. Judicial Review of the Amendments

The question is now regarded as subject to judicial review, because invariably, the issue will boil
down to whether or not the Constitutional provisions had been followed.
-Sanidad v. COMELEC, 78 SCRA 333 / Javellana v. Executive Secretary, 50 SCRA 50.

CASE: Defensor-Santiago v. COMELEC G.R. No. 127325 Mar. 19, 1997

SC declared that R.A. 6735 inadequate to cover the system of initiative to amend the Constitution.

CASE: Lambino v. COMELEC G.R. No. 174153 Oct. 26, 2006

In the Resolution (on the Motion for Reconsideration) in Lambino v. COMELEC, the SC noted that the
majority of the justices had voted to declare R.A. 6735 sufficient and adequate for a people’s initiative.
Which effectively abandoned the ruling in Defensor-Santiago v, COMELEC.

ARTICLE XVII

1987 Constitution Article XVII

AMENDMENTS OR REVISIONS

Section 1. Any amendment to, or revision of, this Constitution may be proposed by:

(1) The Congress, upon a vote of three-fourths of all its Members; or

(2) A constitutional convention.

Section 2. Amendments to this Constitution may likewise be directly proposed by the people through
initiative upon a petition of at least twelve per centum of the total number of registered voters, of which
every legislative district must be represented by at least three per centum of the registered voters therein.
No amendment under this section shall be authorized within five years following the ratification of this
Constitution nor oftener than once every five years thereafter.

The Congress shall provide for the implementation of the exercise of this right.

Section 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention,
or by a majority vote of all its Members, submit to the electorate the question of calling such a convention.

Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when
ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor
later than ninety days after the approval of such amendment or revision.

Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a
plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification by
the Commission on Elections of the sufficiency of the petition.