CONSTITUTIONAL

LAW 1
Jose Arturo C. de Castro, J.D., LL.M., J.S.D.
 Political Law
• Define Political Law?
• Branch of Public Law
• Provides for organization and operation of gov’t organs
of the State
• Defines relations of State with its inhabitants

• Cases:
• People v. Perfecto, 43 Phil 887
• Macariola v. Asuncion, A.M. No. 133-J, May 31, 1982
 Political Law cont’d…
• Divisions:
• Constitutional Law
• Administrative Law
• Law on Municipal Corporations & Local Government
• Election Laws
 Constitution
• What is Constitutional Law?
• Study of
• Maintenance of the proper balance between authority
• Authority = 3 inherent powers
• Liberties guaranteed by the Bill of Rights

• What is a Constitution? What is its purpose?

• Written vs. Unwritten Constitutions
• Conventional vs. Cumulative
• Rigid vs. Flexible
 Constitution cont’d…
• Qualities of a Good Constitution?
• Broad – comprehensive; provides for every
contingency
• Brief – Basic Principles; flexible to change
• Definite – No Ambiguity
 Constitution cont’d…
• Essential Parts of a Constitution
• Constitution of Liberty
• Fundamental civil and political rights of citizens
• Limitations on gov’t powers
• Constitution of Government
• Organization of Gov’t
• Allocation of powers
• Defining the electorate
• Constitution of Sovereignty
 Constitution cont’d…
• Philippine Constitution
• Written document
• Enacted by direct action of the people
• By which the fundamental powers of government are:
• Established
• Limited
• Defined
• By which those powers are distributed among several
departments
• For their safe and useful exercise
• For the benefit of the body politic.
 Constitutional Construction
• Verba Legis
• The written word prevails
• Common usage
• Only when clear and unequivocal

• Ratio Legis Et Anima Legis

• Intent of the Framers

• Ut Magis Valeat Quam Pereat

• Interpreted as a whole

• Cases:
• Francisco v. House of Represenatives, G.R.No. 160261, Nov. 10, 2003.
• Civil Liberties Union v. Executive Secretary, G.R.No. 83896, Feb. 22,
1991
 Constitutional Construction
cont’d…
• Doctrine of Constitutional Supremacy
• Self-executing vs. Non-self executing
• General Rule: Self-Executing
• Exception: Non-Self Executing
• Art. II, 1987 Const.

• Cases:
• Gamboa v. Teves, G.R.No. 176579, June 28, 2011
• Manila Prince Hotel v. GSIS, G.R.No. 122156, Feb. 3, 1997
• Pamatong v. COMELEC, G.R.No. 161872, April 13, 2004
• Tanada v. Angara, G.R.No. 118295, May 2, 1997
 Past Philippine Constitutions
• Malolos Constitution ( 1899)
• U.S. Organic Acts
• Phil. Bill of 1902
• Jones Law (1916)
• Tydings-McDuffie Act (1934)

• 1935 Constitution
• 1973 Constitution
• 1987 Constitution