Constitutional Law 1

 Constitution
- It is a social contract that binds inhabitants of the state which establish an organized government, defining the basic rights of the
people as well as the sovereign powers delegated by the people to the government. It has the status of supreme law being the
fundamental law of the land to which all laws should adhere to the provision of the constitution. This principle is known as the Doctrine
of Constitutional Supremacy.

Parts of constitution
1. Constitution of people
2. Constitution of Governments
3. Constitution of Territory
4. Constitution of State Principles

Functions and Importance of Constitution

Constitution of the Philippines

1. Malolos Constitution
2. Philippine bill of 1902
3. 1935 Constitution
4. 1973 Constitution
5. 1987 Constitution

 Amendment and Revision of Constitution (Article 17 of the Constitution)

(Relevant case: Lambino V COMELEC; Defensor-Santiago V COMELEC; Tolentino V COMELEC)
- Philippine Constitution may be amended or revised in accordance with the principles laid down under Art. 17 of the constitution.

Amendment
- Piecemeal or minor change in the provisions of the constitution.

Revision
- Involves an overhauling of the constitution or that change which will result to a major effect with respect to the basic structure of the
government.

Test whether it is an Amendment or Revision

Quantitative Test – Based on the volume of provisions of the current constitution sought to be changed.
Qualitative Test – Based on the effect of that change with respect to the basic structure of the constitution.

Who can propose amendment or revision to the Constitution?

1. Amendment
- Congress by the vote ¾ of all members acting as constituent assembly
- Constitutional Convention
-By the electorate with the signature of at least 12% of total number of electorate and provided the at least 3% of each district is
represented

2. Revision (Note: Initiative & Referendum is not applicable here)

- Congress by the vote ¾ of all members acting as constituent assembly
- Constitutional Convention

Creation of Constitutional Convention

a. By 2/3 vote of all members congress
b. Majority vote of all members of congress to call a plebiscite for the creation of CONCON.

Effectivity of Amendment or Revision to the constitution

- After the ratification by majority votes of the electorate held through a plebiscite as follows:
1. > 60 days but < 90 days after approval by the congress or constitutional convention
2. > 60 days but < 90 days after certification of Comelec for the power of initiative

Doctrine of Proper Submission – People should have ample time to dissect and understand the content of propose amendment or revision.

Initiative and Referendum

-This is the power of the electorates of a state to enact or repeal a law or amend the constitution. This power is recognized under Section 1
Article 6 (enact or repeal a law) and Section 2 Article 17 of the Constitution (Amendment).

RA 6735 Initiative and Referendum Act – Implementing law for the power of Initiative and Referendum of the electorate.

Initiative – Power of electorate to propose or enact laws or amend the constitution

Referendum – Power to approve of reject a law through an election for such purpose.

Applicability of the power of Initiative and Referendum

1. Power to amend the constitution
2. Power to enact or repeal legislative statute
3. Power to enact or repeal local ordinances

 The State and its Concept

- It is a community of people occupying a fix portion of territory, independent of outside control and having an organized government to
which majority of inhabitants render habitual obedience thereof.

By: Apolinar M. Alvarez, Jr., CPA

Elements of state
1. People – Inhabitants of the state
2. Territory – Fix portion of the earth to which the state has sovereignty
3. Government – An agency or instrumentality to which the will of the state is express and realized.
4. Sovereignty – It is the supreme power exercise by the state over its jurisdiction.

Requisites of state in the standpoint of International law

People
- Refers to the occupants of a defined territory of the state.

a. Inhabitants – Refers to all who live or sojourn the Philippines

b. Citizen – Refers to people who acquired citizenship in accordance with the requirements of the constitution
c. Electorate – Refers to those who had given the right of suffrage granted by the constitution

a. Inhabitants
- Penal laws and those of public security shall be obligatory to all who live or sojourn in the Philippines, except as provided in treaty or
international law. (Art. 14, NCC)

b. Citizen
- Those who were afforded reciprocal protection from the state and possess the privilege and rights to which the constitution may grant.

Who are citizens of the Philippines?

- Sec. 1, Art 4 of the 1987 constitution provides citizen as:
1. Those who are citizen of the Philippines at the time of the adoption of the 1987 constitution
2. Those whose mothers or fathers are citizens of the Philippines
3. Those who are born before January 17, 1973, of filipino mothers, who elect Philippine citizenship upon reaching the age of majority
4. Those who are naturalized in accordance with law
(Lee V Republic)

2 kinds of Citizen
1. Natural born citizen – Those citizens from birth without having to perform an act to acquire or perfect their citizenship (Sec 2, Art. 4).
Paragraph 1 to 3 of Section 1 of Art. 4 are natural born citizen.
2. Naturalized Citizen – Those who acquire citizenship by naturalization

What are the advantages Natural born citizen as compared to Naturalized Citizen?
1. Acquisition and ownership of public and private lands in the Philippines, except in cases of hereditary succession (Sec. 7, Art 12)
(Beumer V Amores; Mathews V Taylor; Muller V Muller)
2. Election and Appointment to Public Office
(Mercado V COMELEC; Tecson V Comelec; Poe-Llamazares V COMELEC)

What are Naturalization Laws in the Philippines?

1. Judicial Naturalization (C.A. No. 473) -
2. Administrative Naturalization (R.A. No. 9139) -
3. Direct act of Congress –

By: Apolinar M. Alvarez, Jr., CPA