Constitutional Supremacy

- All laws, from ordinance to statutes, and acts of the government should
be in conformity or consistent with the Constitution.

- Constitution should be the basis of all laws legislated or enacted. All laws
that contravene the constitution can be struck down as unconstitutional
or illegal.

Manila Price Hotel vs. GSIS

- Constitution is deemed or impliedly written in every law or act.
- The constitution should be interpreted as self-executing rather than non-
self-executing.

Parts of the 1987 Constitution:

1. Constitution of the Government

- Part of the constitution that establishes the structure of the governmental

system and how the different powers of the government will be
distributed.

- The powers referred to are those specifically mentioned in the constitution

which were allocated to the 3 branches of the government and not the
inherent powers of the government. These powers are embodied in
Articles 6, 7, and 8 of the Constitution.

- In this part, the structure of the government can be seen, particularly the
3 branches of the government (legislative, executive, and judiciary) as well
as the powers allocated to them.

- Note however, the 1987 Constitution does not limit the structure of the
government to the 3 branches. The 3 independent Constitutional
Commission should also be considered in the structure of the government
(CSC, COMELEC, and COA).

2. Constitution of Liberty
 - This defines the basic rights of the people. In the 1987 Constitution, it is
enumerated under Article 3 or the Bill of Rights or the Basic Political and
Civil Rights.

- These are actually considered as first generation of Human Rights

because the rights under Art. 3 are considered as limitation to the
otherwise absolute power of the government.

- The rights under the Constitution also applies to aliens sojourning in the
Philippines because during their stay in the Philippines, they owe the
country temporary allegiance.

- This includes concepts embraced in social justice principles as basic

rights.

- Under Human Rights law, it is not necessary for the constitution to define
or enumerate basic rights. If the basis of Constitutional rights are the
human rights, then such rights does not require constitutional basis
before any person can invoke them. Human rights are inherent to all
people which does not require enactment of law.

Republic vs. Sandiganbayan

- Facts: After EDSA Revolution, the administration of Aquino took more
than a month (March-February 1986) to introduce the Freedom/Provisional
Constitution. Hence there was no constitution in effect on the months of
March-February 1986. This period is called Constitutional Interregnum.
During this time, some of Marcos loyalist were arrested by the Aquino
administration based on the accusation that they possess ill-gotten wealth.
One of which is a general of Marcos whose house was searched without search
warrant. The respondents then invoked their rights against unreasonable
search and seizure. The petitioners argued that during the search and seizure
of the respondents’ properties, the 1973 Constitution was abrogated due to
revolution and there is no Constitution in effect (period of Constitutional
Interregnum), hence, the respondents cannot invoke their rights against
unreasonable search and seizure since there is now constitution or law to
support such right.

- SC: The right against unreasonable search and seizure is considered as

human right. Under the Castle Doctrine, one’s home, no matter how noble or
simple, is his castle and cannot be subjected to any governmental interference.
Under Public International Law on Human Rights, human rights do not need
any constitution or enacted laws to be invoked. The mere fact that the entity
invoking such rights is a human is sufficient to effectuate such rights.

3. Constitution of Sovereignty

- Refers on the manner on how to amend or revise the constitution. (Art.

XVII of the 1987 Constitution).

- Section 1 Art. II – the Philippines is a democratic and republican state.

Sovereignty resides in the people and all governmental authority
emanates from them.

- This part of the constitution is called Constitution of Sovereignty because,

whenever there will be proposed amendments or revisions in the
Constitution, it will be the people who has the final say whether or not to
approve or reject proposed amendments or revisions and not the
government. Such process is called Plebiscite

- Under the Doctrine of Proper Submission, it should be the people who

will decide whether to approve or reject proposed amendments or
revisions.