Consti lecture ep.

We study the constitution for the sovereign power resides in us. We have to fully use or maximize the
power given to us by the fundamental law to have at least substantial knowledge of the content of our
constitution. Art 11 Sec 1

Type of Government
Democratic and Republican State – Philippines

Organic Laws – Jones Law

1935 Constitution or the Commonwealth Constitution
1973 Constitution – Marcos Regime (1972 Martial Law based on the 1935 Constitution)
Freedom Constitution
Can the President declare Martial Law in Marawi without necessarily placing the entire place into one?
(Art. 7)
President is a Commander in Chief.

The term of the President 6 years (1987),

1935 4 years can run for re-election 1 year valid for re-election but not exceeding 8 years
1973 the president can stay 6 years in the position same with 1987 but the difference is with the re-
election, the vote for the P is also the vote for the VP. The President can still run for re-election.

Difference between term and tenure (these terms cannot be used interchangeably)
Term - period, duration or length of time during which an officer may claim to hold office as of right

Tenure – actually incumbency of the period where an official stays in a position

When is a constitution declared effective? The date when people went out to cast their votes to ratify
the constitution.

De leon v. Esguerra

1987 – feb 2, 1987 effective date of the constitution, it superceded the provisional constitution, plebicite
day

How was it ratified? Through a plebicite, when the people cast their votes in order to ratify the
constitution. Effective date of the constitution is the day when people went out and cast their votes to
ratify the constitution.

There is a required number of votes that should be obtained in order to say a constitution is already
ratified. Art 17 of 1987 majority votes of all registered voters.

It will only become effective or it will only supercede the previous constitution once the required
number of votes is obtained.

After the 1973 constitution, Marcos and Tolentino as P and VP; Aquino and Doi Laurel on the opposition.
Marcos won.
Feb 7, 1986 election, Marcos and Tolentino won.

Who has the authority to declare the winner in the P andVP election? It is the Congress.

The conduct of election is supervised by the COMELEC

Art. 6 Sec. 3 or 4 it is the congress acting as national canvassers that has the authority to declare the
winning P and VP. Comelec cannot do that according to the case of Brillante. Batasang Pambansa
declared Marcos and Tolentino as the winners.

Was Pres. Aquino ascencion to the office and Doi Laurel by virtue of 1973 constitution? No. The
ascencion of their power is through the revolutionary government (EDSA PEOPLE POWER I)