, etc.)Ma. Luisa Angeles Ramos
-one that can be amended only by a formaland usually difficult process-one that can be changed by ordinarylegislationThe Philippine Constitution is written, conventional and rigid. It is embodied inone document and can be amended only by a formal and usually difficult process.
whenever possible, the words used in the Constitution must begiven their ordinary meaning
where technical terms are employed.
When there is Ambiguity
ratio legis et anima
A doubtful provision shall beexamined in the light of the history of the times and the conditions andcircumstances under which the Constitution was framed.
(Civil Liberties Unionvs. Executive Secretary, 194 SCRA 317)
Ut magis valeat quam pereat
the Constitution has to be interpreted as awhole.
(Francisco vs. HR, G.R. No. 160261, November 10, 2003)
If the plain meaning of the word is not found to be clear, resort to other aids isavailable—construe the Constitution from what “appears upon its face”. The proper interpretation, therefore, depends more on how it was understood by the peopleadopting it than in the framers’ understanding thereof.In case of doubt, the provision should be considered as self-executing;mandatory rather than directory; and prospective rather than retroactive.
one which is complete in itself and becomes operativewithout the aid of supplementary or enabling legislation, or that which supplies asufficient rule by means of which the right it grants may be enjoyed or protected.
Essential Qualities of the Written Constitution:1.
Essential parts of a good written Constitution:
P a g e 3 7 / 1 2 / 2 0 0 8 ¥ s a y