CONSTITUTION 1
Higher law constitution - The constitution establishes state
1. Constitution1
a. Organic and fundamental law of nation or state
b. Institutionalized government character and conception
c. Models basic principles of internal life
d. Arranges government; regulates, distributes, and limits
functions of departments
e. “Charter of government deriving its whole authority from the
governed”
f. From Loanzon notes: “a body of rules and maxims in
accordance with which the power of sovereignty are
habitually exercised” (Judge Cooley)
2. Types of Constitution2
a. Written - precepts embodied in one document or set of
documents
b. Unwritten - made of rules which haven’t been integrated into
a single document. (Rules may include written laws of
principal character, judicial decisions, customs and
traditions, and particular common law principles).
c. Conventional - enacted constitution formally “struck off” at a
specific time and place, through the conscious effort of a
constituent body
d. Cumulative - result of political evolution; changing by
accretion, not by any systematic method
e. Rigid - can only be amended through a special process
f. Flexible - can easily be changed by ordinary legislation
g. Absolutist constitution - Government has the power to
produce and change legal norms. Such norms reflect the
power of the people who govern. It rejects popular
sovereignty, rights, and separation of powers.3
h. Legislative supremacy - There is a stable set of government
institutions. The constitution provides elections to the
legislature. There are no special procedures for revising the
constitution and it can be changed through a majority vote.4
1 4
Blacks Law Dictionary 4th Edition, p. 384
2 5
Cruz, p. 805
3 6
https://medium.com/@maryoffutt/what-is-the-best-type-of-constitution-
3e2b4907835f
i.
institutions and links the institutions to society through
elections. It adds substantive constraints on the exercise of
public authority by means of constitutional rights and an
independent judicial way of enforcing rights. The major
source of power is the people, through elections. Inscribed in
itself is a way to revise it.5
3. History of the Philippine Constitution6
a. June 12, 1898 - Proclamation of Independence
b. 1899 - Malolos Constitution adopted by the first Philippine
Republic (1899-1901); first Philippine Constitution and first
republican constitution in Asia
c. 1902-1935 - American occupation
i. Philippine Organic Act of 1902 - Philippine Assembly
of FIlipino Citizens
ii. Philippine Autonomy Act of 1916 - included first
pledge of Philippine independence
d. 1934 - Philippine Independence Act - parameters for drafting
the Philippine Constitution, mandating the call for a
Constitutional Convention
e. February 8, 1935 - ConCon finished (The 1935 Constitution)
f. March 25, 1935 - Constitution submitted to the US President
for certification in accordance with the Philippine
Independence Act of 1934.
g. May 14, 1935 - 1935 Constitution was ratified
h. November 15, 1935 - Commonwealth of the Philippines
i. It would remain the constitution of the Philippines
once independence was granted on July 4, 1946
i. 1940 - Constitution was amended by the National Assembly
of the Philippines
i. Unicameral → bicameral congress
ii. Ph president 6-year limit, no reelection → 4 years
with possibility of reelection for second term
j. 1943 - Japanese Occupation
Ibid.
Ibid.
Official Gazette.
https://www.officialgazette.gov.ph/constitutions/constitution-day/
 i. 1935 Constitution nullified by Japanese-sponsored
government
ii. 1943 Constitution, Pres. Jose P. Laurel
k. 1945 - 1935 Constitution back in operation
l. 1947 - Commonwealth Act No. 733 - call for Consti
amendment
m. March 11, 1947 - Parity Amendment giving US and Filipino
citizens equal rights to natural resources
n. September 23, 1972 - Martial Law declaration
o. December 1, 1972 - (1973) Constitution submitted
p. January 1973
i. Constitution submitted for ratification
ii. PD No. 86 Citizen Assemblies for ratification by viva
voce
q. January 17, 1973 - Marcos announcement that the
Constitution has been ratified and in full effect
r. January 10-15, 1973 - Javellana v. Executive Secretary
ruling: 1973 Constitution valid and in force.
s. 1986
i. Proc. No. 3 by Pres. Corazon Aquino → suspend
certain provisions of the 1973 Constitution,
promulgating transitory constitution
ii. Proc. No. 9 s. 1986 - Constitutional Commission to
replace 1973 Constitution
t. October 16, 1986 - Constitutional Commission finished its
work
u. February 2, 1987 - national plebiscite to ratify 1987
Constitution
v. February 11, 1987 - Proc. No. 58 - President announced the
official canvassing of results and ratification of draft
constitution
4. Parts of the Philippine Constitution
a. Preamble
b. Article I - National Territory
c. Article II - Declaration of Principles and State Policies
d. Article III - Bill of Rights
e. Article IV - Citizenship
7 8
BOC Reviewer (Political Law 2018), Lambino v. Comelec, G.R. No.
174153. October 25, 2006
f. Article V - Suffrage
g. Article VI - The Legislative Department
h. Article VII - Executive Department
i. Article VIII - Judicial Department
j. Article IX - COnstitutional Commissions
k. Article X - Local Government
l. Article XI - Accountability of Public Officers
m. Article XII - National Economy and Patrimony
n. Article XIII - Social Justice and Human RIghts
o. Article XIV - Education, Science and Technology, Arts,
Culture, and Sports
p. Article XV - The Family
q. Article XVI - General Provisions
r. Article XVII - Amendments or Revisions
s. Article XVIII - Transitory Provisions
Parts of a Constitution7
● Constitution of Government - institutes government
structure, branches, and operation; e.g. Art. VI, VII, VIII, IX
● Constitution of Sovereignty - states how the Constitution
may be changed; i.e. Art. XVII
● Constitution of Liberty - states the fundamental rights of
the people; e.g. Art. III
5. Rules governing the interpretation of provisions in the
Constitution8
a. Verba legis - words of the Constitution should be given
ordinary meaning
b. Ratio legis anima - words of the Constitution should be
interpreted according to the intent of the framers
c. Ut magis valeat quam pereat - Constitution is to be
interpreted as a whole
6. Purpose of the Preamble9
a. Sets down the origin, scope, and purpose of the
Constitution
b. Aids in determining the meaning of ambiguous provisions
c. Manifestation of the sovereign will of the Filipino people
Chavez v. Judicial and Bar Council
https://www.lawphil.net/judjuris/juri2012/jul2012/gr_202242_2012.html
9
Bernas, p. 4
 d. Notes that the document is also the work of the people
themselves
7. Supremacy of the Constitution10
a. Basic and paramount law to which everyone must conform
to and all persons must defer
b. No act shall be valid if it conflicts with the Constitution
c. Constitution must be upheld as long as it has not been
changed by the sovereign people
d. Under the doctrine of constitutional supremacy, if a law or
contract violates any norm of the constitution that law or
contract whether promulgated by the legislative or by the
executive branch or entered into by private persons for
private purposes is null and void and without any force and
effect.11
8. Elements of a state12
a. People - inhabitants of the state; generally agreed that they
must be numerous enough to be self-sufficing and to defend
themselves but small enough to be easily administered and
sustained
b. Territory - fixed portion of the surface of the earth inhabited
by the people of the State; territorial, maritime, fluvial, and
aerial domains
c. Government - instrumentality by which the will of the State
is formulated, expressed, and realized
i. Constituent functions - compulsory (e.g. keeping
order)
ii. Ministrant functions - for advancement of society’s
general interests (e.g. public works)
d. Sovereignty - supreme and uncontrollable power inherent in
a state, through which the state is governed. It is permanent,
exclusive, comprehensive, absolute, inalienable, and
imprescriptible.
i. Legal sovereignty - power to issue final commands
(Congress)
ii. Political sovereignty - power behind the legal
sovereign (sectors that mold public opinion)
iii. Internal sovereignty - power over domestic affairs
10
Cruz, p. 16
11
Manila Prince Hotel v. GSIS, G.R. No. L-122156. February 3, 1997.
iv. External sovereignty - independence
9. Article I: National Territory
The national territory comprises the Philippine archipelago, with all
the islands and waters embraced therein, and all other territories
over which the Philippines has sovereignty or jurisdiction, consisting
of its terrestrial, fluvial, and aerial domains, including its territorial
sea, the seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and connecting the
islands of the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the Philippines.
10. Article II: Declaration of Principles and State Policies
Principles
Section 1. The Philippines is a democratic and republican
State. Sovereignty resides in the people and all government
authority emanates from them.
Section 2. The Philippines renounces war as an instrument of
national policy, adopts the generally accepted principles of
international law as part of the law of the land and adheres to the
policy of peace, equality, justice, freedom, cooperation, and amity
with all nations.
Section 3. Civilian authority is, at all times, supreme over the
military. The Armed Forces of the Philippines is the protector of the
people and the State. Its goal is to secure the sovereignty of the
State and the integrity of the national territory.
Section 4. The prime duty of the Government is to serve and protect
the people. The Government may call upon the people to defend the
State and, in the fulfillment thereof, all citizens may be required,
under conditions provided by law, to render personal, military or civil
service.
Section 5. The maintenance of peace and order, the protection of
life, liberty, and property, and promotion of the general welfare are
essential for the enjoyment by all the
people of the blessings of democracy.
Section 6. The separation of Church and State shall be inviolable.
State Policies
12
Cruz, p. 18-43
Section 7. The State shall pursue an independent foreign policy. In
its relations with other states, the paramount consideration shall be
national sovereignty, territorial
integrity, national interest, and the right to self-determination.
Section 8. The Philippines, consistent with the national interest,
adopts and pursues a policy of freedom from nuclear weapons in its
territory.
Section 9. The State shall promote a just and dynamic social order
that will ensure the prosperity and independence of the nation and
free the people from poverty through policies that provide adequate
social services, promote full employment, a rising standard of living,
and an improved quality of life for all.
Section 10. The State shall promote social justice in all phases of
national development.
Section 11. The State values the dignity of every human person and
guarantees full respect for human rights.
Section 12. The State recognizes the sanctity of family life and shall
protect and strengthen the family as a basic autonomous social
institution. It shall equally protect
the life of the mother and the life of the unborn from conception. The
natural and primary right and duty of parents in the rearing of the
youth for civic efficiency and the development of moral character
shall receive the support of the Government.
Section 13. The State recognizes the vital role of the youth in nation-
building and shall promote and protect their physical, moral, spiritual,
intellectual, and social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in
public and civic affairs.
Section 14. The State recognizes the role of women in nation-
building, and shall ensure the fundamental equality before the law of
women and men.
Section 15. The State shall protect and promote the right to health of
the people and instill health consciousness among them.
Section 16. The State shall protect and advance the right of the
people to a balanced and healthful ecology in accord with the rhythm
and harmony of nature.
Section 17. The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and
nationalism, accelerate social progress, and promote total human
liberation and development.
Section 18. The State affirms labor as a primary social economic
force. It shall protect the rights of workers and promote their welfare.
Section 19. The State shall develop a self-reliant and independent
national economy effectively controlled by Filipinos.
Section 20. The State recognizes the indispensable role of the
private sector, encourages private enterprise, and provides
incentives to needed investments.
Section 21. The State shall promote comprehensive rural
development and agrarian reform.
Section 22. The State recognizes and promotes the rights of
indigenous cultural communities within the framework of national
unity and development.
Section 23. The State shall encourage non-governmental,
community-based, or sectoral organizations that promote the welfare
of the nation.
Section 24. The State recognizes the vital role of communication
and information in nation-building.
Section 25. The State shall ensure the autonomy of local
governments.
Section 26. The State shall guarantee equal access to opportunities
for public service and prohibit political dynasties as may be defined
by law.
Section 27. The State shall maintain honesty and integrity in the
public service and take positive and effective measures against graft
and corruption.
Section 28. Subject to reasonable conditions prescribed by law, the
State adopts and implements a policy of full public disclosure of all
its transactions involving public interest.