Constitution I

Module One
INTRODUCTORY CONCEPTS:
Political law – a branch of public law (where public law is the organization and operation, relation od state with the
inhabitants of the territory
In Macariola vs. Asuncion
- This is a partition of an estate case
- Asuncion purchased one of the lots (previously subjected to litigation in his court) from Dr. Galapon who purchased
it from an heir who was part of the litigation.
- Said lot was conveyed to traders mfg. and fishing industries to increase stockholdings
- Issue: violation of art 14 of code of commerce prohibiting judges from engaging in commerce and holding office
and intervening in commercial and industrial companies.
- Defense: art 14 of Spanish code of commerce as a political law has no legal and binding effect
- Transfer of sovereignty-automatic abrogation of political laws of the sovereign unless expressly reenacted.
- Art. 14 is a political law (public law) that deals with the relation of the judges and the people it serves.
Constitutional law – maintenance of the proper balance between the authority represented by the 3 inherent powers
granted it and the liberty granted by the bill of right.
Constitution – supreme, imperious, and unalterable (with exceptions) fundamental law of the land
Classification of Constitution:
According to According to According to
FORM ORIGIN MANNER OF AMENDMENT

Embodied in a Implemented on a May only be amended

Written specific document Enacted specific date by a Rigid when the need arises/
by a specific body specific body more complicated
Not enacted on a
specific date but May be amended
From different
Unwritten Evolved developed from Flexible through ordinary
sources
customs and legislative process
traditions
The Philippine Constitution is:
Written, Enacted, and Rigid
Characteristics of a Good Written Constitution:
o Broad – comprehensive and enough to cover a wide range such as the people, organizations of the govt.
and can cover contingencies that may arise over time.
o Brief – it should limit itself to the basic principles, thus any ambiguity and shall be addressed by the laws
that the congress will enact.
o Definite – clear and understandable

Essential Parts of a Constitution:

- Constitution of Government – outlines the organization of the govt.
o Art 6 Legislative dept
o Art 7 executive dept
o Art 8 judicial dept
o Art 9 constitutional commissions (COMELEC, CSC, COA)
- Constitution of People – fundamental rights and limitations of the people are established

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 - Constitution of Sovereignty – manner of amending constitution (Art 17 – amendments or revisions)
Manila Prince Hotel
- Paragraph V of the guidelines for public bidding; Art XII Sec 10 par 2 of the 1987 Constitution where Filipinos are
given preference
Interpretation and Construction of the Constitution
- Verba Legis – plain meaning of the words embodied in the document
- Ratio Legis Et Anima – what the framers or authors intend in creating the law/constitution
- Ut Magis Valent Quam Pereat – interpret the constitution as a whole and not by part
*** where two interpretations are in conflict, the first one shall prevail.

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