KIMBERLY MAE GANGO

CONSTITUTIONAL LAW notes

Judge Singco (EH202)

Constitution – the highest fundamental law of the land

*** The Constitution will prevail over a Statute or an act passed by the Congress because the Constitution
is the SOURCE of the statute. The Statute is a specific law, whereas the Constitution has the general
principles***

*** General rule: All laws or acts of the President must be in consonance with the provisions of the
Constitution***

*** When the Constitution is silent, that means it is not prohibited or that it is not required***

*** Constitution- made by the people; Statutes- made directly by the legislators***

*** If laws are contrary to the Constitution: the President will veto the bill therefore cannot become a law
OR it can be subject to judicial review***

Kinds of Constitution:
I. As to origin:

1. ENACTED / CONVENTIONAL CONSTITUTION

 Enacted by a Constitutional Conventional
2. EVOLUTIONARY / CUMULATIVE CONSTITUTION
 A product of history
 Not formally ratified by the people
 Usually unwritten
3. FIAT / GRANTED CONSTITIUN
 Made by one sovereign for another

II. As to form:

1. WRITTEN CONSTITUTION
 Not just because it’s “written”
 The provisions are embodied in a single document or instrument
 Codified
 2 CHARACTERISTICS:
1. BROAD – has to cover the entire government structure and organization
2. BRIEF – No details, only general principles and the rest are
supplemented by the statutes
3. DEFINITE – to avoid ambiguity
 2. UNWRITTEN
 Provisions are not embodied in a single document
 They’re scattered in various sources
 Example: customs and traditions, judicial decisions

III. As to the manner of changing the constitution:

1. RIGID CONSTITUTION
 difficult to change, no flexible
 must follow a procedure:
1. PROPOSAL
2. SUBMISSION
3. RATIFICATION
2. FLEXIBLE CONSTITUTION
 Can easily be amended by ordinary legislation
The 1987 PH Constitution is:
1. WRITTEN
2. ENACTED / CONVENTIONAL
3. RIGID

Why?
 Written because all the provisions are found in on single instrument that is codified (1987 Consti)
 Enacted or Conventional because it’s a cumulative of all laws that were passed by the legislature
that have form part in the Constitution.
 Rigid because it goes through a process (proposal, submission, ratification by the people)

BASIS or SOURCES of the 1987 Constitution

 Treaty of Paris
 The Philippine Bill of 1902
 Jones law of 1916
 Tydings McDuffie Law of 1934
 The 1935 Consti
 The 1973 Consti

HOW DID THE 1987 CONSTITUTION COME ABOUT?

 The 1ST PHILIPPINE REPUBLIC

o President: Emilio Aguinaldo
o Independence from Spain – June 12, 1898
o There was a Constitution made by Felipe Calderon, ratified allegedly by the Malolos
Congress – the legislative body at that time
 The 2nd PHILIPPINE REPUBLIC
o President: Jose P. Laurel
o President was appointed, not elected
o There was a Constitution ratified by the Kapisanan sa Paglilingkod ng Bagong Pilipino /
KALIBAPI

 COMMONWEALTH GOVERNMENT
o President: Manuel L. Quezon
o V-President: Sergio Osmena Sr.
o The 1935 Constitution was drafted by the 1934 ConCon, ratified by the people subject to
the approval of the President of USA

 The 3RD PHILIPPINE REPUBLIC

o First President: Manuel Roxas
o Last President: Ferdinand Marcos
o There were no amendments made to the 1935 Constitution so it remained to be the
Constitution, not 1947
o 1947 – Amendments: Term of office for president from 6 years to 4 years term with 1 re-
election.
o 1965 – Marcos was President, had the constitution revised during his term
o Made the 1973 Constitution
o Freedom Constitution – Cory Aquino abolished the 1973 Constitution
o Cory issued a Proclamation No. 9 to create a Constitutional Commission thereby
creating 1987 Constitution which was ratified on February 2, 1987 and declared
validly ratified on February 11 by Cory