1987 CONSTITUTION

SIR JOHN
DOCTRINE OF CONSTITUTIONAL
SUPREMACY
The Constitution is the fundamental law of the land. Hence, if a law or contract violates any
provision of the constitution, that law or contract whether promulgated by the legislative
or by the executive branch or entered into by private persons for private purposes is null
and void and without any force and effect.

Note: The Constitution is impliedly written in every law and contract

 LAW

General Sense: Rule of conduct formulated and made obligatory by legitimate

power of the state

Technical Sense: Those passed and enacted by the Legislative Branch of

government. It is an act of Congress.
 HIERARCHY OF LAWS

Constitution – People
Law - Congress
Executive Orders, Proclamations, Administrative Order etc. - President
Ordinance – Local Government Units
 NATURE OF THE CONSTITUTION
A Constitution is a legislation direct from the people; a statute is a legislation from the
people’s representatives.
WHO MAKES LEGAL BINDING INTERPRETATIONS OF THE
CONSTITUTION?

THE JUDICIARY
IS THE CONSTITUTION PERFECT?
USA Constitution – 4,300+ words
Ph Constitution – 21,600= words

“Article XVI SECTION 10. The State shall provide the policy environment for the full
development of Filipino capability and the emergence of communication structures suitable
to the needs and aspirations of the nation and the balanced flow of information into, out of,
and across the country, in accordance with a policy that respects the freedom of speech
and of the press.”
“Article II SECTION 26. The State shall guarantee equal access to opportunities for public
service, and prohibit political dynasties as may be defined by law.”
ESSENTIAL PARTS OF A GOOD WRITTEN
CONSTITUTION:
1. Constitution of Liberty - It provides for the civil and political rights of the citizens and
limitations on the powers of government.
2. Constitution of Government - It outlines the organization of government, enumerating
its powers.
3. Constitution of Sovereignty – It provides for the procedure in making formal changes
in the constitution
Did the Philippines establish a government
of men or a government of laws?
(Villavicencio v. Lukban)
LAW DEFINES POWER
Question: How about rights?
HISTORY OF THE CONSTITUTION
#1 The Malolos Constitution (1899) – The First Democratic constitution in Asia
#2 The 1935 Constitution – Changed unicameral to bicameral legislature
#4 The 1943 Constitution – Japanese Occupation
#5 The 1973 Constitution –
Note: Sept. 21, 1972 – President Marcos declared Martial Law
# 6 Freedom Constitution of 1986
# 7 The 1987 Constitution -
AMENDMENTS AND
REVISIONS
PROPOSAL TO AMEND OR REVISE:
1. Congress upon a vote of at least ¾ of ALL its members.

2. Constitutional Convention –
a.) Upon call by at least 2/3 of all the members of Congress, or
b.) by at least a majority vote of all members of Congress, submit to the electorate the
question of calling for such Convention

3. Direct proposal by the people (ONLY AMENDMENTS)– upon a petition of at least 12% of the
registered voters, of which every legislative district must be represented by at least 3% of the
registered voters therein
TEST TO DETERMINE IF THE CHANGE IS AN
AMENDMENT OR REVISION.
- Quantitive Test – Look at the number of provisions changed if it changes directly the
substance entirety of the Constitution.
- Qualitative Test – Implies a change that alters a basic principle in the Constitution, like the
principle of separation of powers among the three branches of government, and the
checks and balances.
THE INDISPENSABLE RATIFICATION BY THE PEOPLE:

Any amendment to, or revision of, this Constitution hereof shall

be valid when ratified by a majority of the votes cast in a
plebiscite
SOURCES:

1. Political Law Reviewer by Antonio E.B. Nachura

2. Political Law by Justice Cruz