Constitutional Law

This is the law embodied in the Constitution and the legal principles growing out of the
interpretation and application of its provisions by the courts in specific cases. It is the study of
the maintenance of the proper balance between the authority as represented by the three
inherent powers of the State and liberty as guaranteed by the Bill of Rights.
Constitution Defined
This refers to the body of rules and maxims in accordance with which the powers of sovereignty
are habitually exercised [COOLEY, The General Principles of Law in the United States of
America]. It is the document which serves as the fundamental law of the state; that written
instrument enacted by the direct action of the people by which the fundamental powers of the
government are established, limited, and defined, and by which those powers are distributed
among the several departments for their safe and useful exercise, for the benefit of the body
politic [MALCOLM, Phil. Constitutional Law]. “A law for the government, safeguarding individual
rights, set down in writing” [Hamilton]. According to Schwartz, "a constitution is seen as an
organic instrument, under which governmental powers are both conferred and circumscribed.
Such stress upon both grant and limitation of authority is fundamental in American theory. 'The
office and purpose of the constitution is to shape and fix the limits of governmental activity'"
[FERNANDO, The Constitution of the Philippines 20-21 (2nd ed., 1977)].
Parts of a Constitution
1. Constitution of Government: establishes the structure of government, its branches and
their operation; e.g. Art. VI, VII, VIII, IX
2. Constitution of Sovereignty: provides how the Constitution may be changed; i.e. Art. XVII
3. Constitution of Liberty: states the fundamental rights of the people; e.g. Art. III [Lambino v.
COMELEC, G.R. No. 174153. October 25, 2006]

NCC 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall
not be excused by disuse, or custom or practice to the contrary.
When the courts declared a law to be inconsistent with the Constitution, the former shall be void
and the latter shall govern.
Administrative or executive acts, orders and regulations shall be valid only when they are not
contrary to the laws or the Constitution. (5a)
Preamble
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and
humane society, and establish a Government that shall embody our ideals and aspirations,
promote the common good, conserve and develop our patrimony, and secure to ourselves and
our posterity, the blessings of independence and democracy under the rule of law and a regime
of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.
Provisions of the 1987 Constitution are self-executing.
Exception: ARTICLE II of the 1987 Constitution are NON-SELF EXECUTING PROVISIONS.
Exceptions to the exception:
SECTION 15. The State shall protect and promote the right to health of the people and instill
health consciousness among them. (Self-executory as per Imbong v. Ochoa, G.R. No. 204819,
(2014))
SECTION 16. The State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature. (Self-executory as per
Oposa v. Factoran, G.R. No. 101083 (1993))
Verba Legis
this plain-meaning rule or verba legis derived from the maxim, index animi sermo est (speech is
the index of intention) rests on the valid presumption that the words employed by the legislature
in a statute correctly express its intent or will and preclude the court from construing it
differently. The legislature ispresumed to know the meaning of the words, to have used words
advisedly, and to have expressed its intent by the use of such words as are found in the statute.
Verba legis non est recedendum, or from the words of a statute there should be no departure.
[Victoria vs Comelec, G.R. No. 109005, January 10,1994]
A cardinal rule in statutory construction is that when the law is clear and free from any doubt or
ambiguity, there is no room for construction or interpretation. There is only room for
application.9 As the statute is clear, plain, and free from ambiguity, it must be given its literal
meaning and applied without attempted interpretation. This is what is known as the plain-
meaning rule or verba legis. It is expressed in the maxim, index animi sermo, or "speech is the
index of intention." Furthermore, there is the maxim verba legis non est recedendum, or "from
the words of a statute there should be no departure." [Bolos v. Bolos, G.R. No. 186400,
October 20,2010]
Statutory Construction
One of the primary and basic rules in statutory construction is that where the words of a statute
are clear, plain, and free from ambiguity, it must be given its literal meaning and applied without
attempted interpretation. It is a well-settled principle of constitutional construction that the
language employed in the Constitution must be given their ordinary meaning except where
technical terms are employed. As much as possible, the words of the Constitution should be
understood in the sense they have in common use. What it says according to the text of the
provision to be construed compels acceptance and negates the power of the courts to alter it,
based on the postulate that the framers and the people mean what they say. Verba legis non
est recedendum – from the words of a statute there should be no departure.
The raison d’ être for the rule is essentially two-fold: First, because it is assumed that the words
in which constitutional provisions are couched express the objective sought to be attained; and
second, because the Constitution is not primarily a lawyer’s document but essentially that of the
people, in whose consciousness it should ever be present as an important condition for the rule
of law to prevail.
Moreover, under the maxim noscitur a sociis, where a particular word or phrase is ambiguous in
itself or is equally susceptible of various meanings, its correct construction may be made clear
and specific by considering the company of words in which it is founded or with which it is
associated. This is because a word or phrase in a statute is always used in association with
other words or phrases, and its meaning may, thus, be modified or restricted by the latter. The
particular words, clauses and phrases should not be studied as detached and isolated
expressions, but the whole and every part of the statute must be considered in fixing the
meaning of any of its parts and in order to produce a harmonious whole. A statute must be so
construed as to harmonize and give effect to all its provisions whenever possible. In short, every
meaning to be given to each word or phrase must be ascertained from the context of the body
of the statute since a word or phrase in a statute is always used in association with other words
or phrases and its meaning may be modified or restricted by the latter. [Chavez v. JBC, G.R.
No. 202242, July 17, 2012]

A statute is a formal written enactment of a legislative authority that governs the legal entities of
a city, state, or country by way of consent. Typically, statutes command or prohibit something,
or declare policy. Statutes are rules made by legislative bodies; they are distinguished from
case law or precedent, which is decided by courts, and regulations issued by government
agencies
Process of Passing a Law
Section 26. (1) Every bill passed by the Congress shall embrace only one subject which shall
be expressed in the title thereof.
(2) No bill passed by either House shall become a law unless it has passed three readings on
separate days, and printed copies thereof in its final form have been distributed to its Members
three days before its passage, except when the President certifies to the necessity of its
immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no
amendment thereto shall be allowed, and the vote thereon shall be taken immediately
thereafter, and the yeas and nays entered in the Journal.
Section 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented
to the President. If he approves the same he shall sign it; otherwise, he shall veto it and return
the same with his objections to the House where it originated, which shall enter the objections at
large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all
the Members of such House shall agree to pass the bill, it shall be sent, together with the
objections, to the other House by which it shall likewise be reconsidered, and if approved by
two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes
of each House shall be determined by yeas or nays, and the names of the Members voting for
or against shall be entered in its Journal. The President shall communicate his veto of any bill to
the House where it originated within thirty days after the date of receipt thereof, otherwise, it
shall become a law as if he had signed it.
(2) The President shall have the power to veto any particular item or items in an appropriation,
revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.

Effect and Application of Laws

1. When Laws Take Effect
Laws shall take effect after fifteen days following the completion of their publication either in the
Official Gazette, or in a newspaper of general circulation in the Philippines, unless it is otherwise
provided. [Art. 2, Civil Code (hereinafter, CC), as amended by E.O. 200]
General Rules: The clause "unless it is otherwise provided" refers to the date of effectivity and
not to the requirement of publication itself, which cannot, in any event, be omitted. [Tañada v.
Tuvera, G.R. No. L-63915 (1986)]
Publication is indispensable in every case, but the legislature may in its discretion provide that
the usual fifteen-day period shall be shortened or extended. [Tañada v. Tuvera, G.R. No. L-
63915 (1986)]
When, on the other hand, the administrative rule goes beyond merely providing for the means
that can facilitate or render least cumbersome the implementation of the law but substantially
increases the burden of those governed, it behooves the agency to accord at least to those
directly affected a chance to be heard, and thereafter to be duly informed, before that new
issuance is given the force and effect of law. [Commissioner v. Hypermix, G.R. No. 179579
(2012)]
Exception: Interpretative regulations and those internal in nature. [Tañada v. Tuvera, G.R. No.
L-63915 (1986)]
Other Principes
NCC 3. Ignorance of the law excuses no one from compliance therewith.
Conclusive Presumption: That everyone knows the law, even if they have no actual
knowledge of the law.
Mistake of Fact and Difficult Questions of Law. These may excuse a party from the legal
consequences of his conduct; but not ignorance of law.
In specific instances provided by law, mistake as to difficult legal questions has been given the
same effect as a mistake of fact. [Tolentino]
The laws referred to by this article are those of the Philippines. There is no conclusive
presumption of knowledge of foreign laws. [Tolentino]
NCC. 4. Laws shall have no retroactive effect, unless the contrary is provided.
Retroactivity of Laws
General Rule: All statutes are to be construed as having only prospective operation.
Exceptions: When the law itself expressly provides.
Exceptions to Exception:
1. Ex post facto law
2. Impairment of contract
b. In case of remedial statutes
c. In case of curative statutes
 d. In case of laws interpreting others
e. In case of laws creating new rights [Bona v. Briones, G.R. No. L-10806 (1918)].
f. Penal Laws favorable to the accused [Art. 22, RPC].
NCC 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall
not be excused by disuse, or custom or practice to the contrary.
When the courts declared a law to be inconsistent with the Constitution, the former shall be void
and the latter shall govern.
Administrative or executive acts, orders and regulations shall be valid only when they are not
contrary to the laws or the Constitution. (5a)
Repeal of Laws
Two Kinds of Repeal [Tolentino]:
a. Express or Declared: contained in a special provision of a subsequent law; names the law
repealed.
b. Implied or Tacit: takes place when the provisions of the subsequent law are incompatible or
inconsistent with those of an earlier law.
The fundament is that the legislature should be presumed to have known the existing laws on
the subject and not have enacted conflicting statutes. Hence, all doubts must be resolved
against any implied repeal, and all efforts should be exerted in order to harmonize and give
effect to all laws on the subject. [Republic v. Marcopper Mining, G.R. No. 137174 (2000)]

Types of Philippine Statutes

Congressional Records

Basic Principles of Statutory Construction

1. Ejusdem generis - Of the same kind or nature. A rule of interpretation that where a class
of things is followed by general wording that is not itself expansive, the general wording
is usually restricted things of the same type as the listed items.
2. Noscitur a sociis - A rule of interpretation or construction of an otherwise unclear statute,
contract or estate document (such as a trust or a will): that the meaning of an unclear
word may be known from accompanying words.
3. Expressio unius est exclusio alterius - A maxim of interpretation meaning that the
expression of one thing is the exclusion of the other. When certain persons or things are
specified in a law, contract or will, an intention to exclude all others from its operation
may be inferred. In this case, the reference to the assignment to a financial institution
excludes assignment to any other entity.
4. lex specialis derogat generali - The doctrine states that a law governing a specific
subject matter overrides a law that only governs general matters .Generally, this
situation arises with regard to the construction of earlier enacted specific legislation
when more general legislation is passed after such enactment.