NATURE AND CONCEPT OF A CONSTITUTION

Meaning of a Constitution
Constitution is appropriately defined by Justice Malcolm as “the written instrument enacted by 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.”

Doctrine of Constitutional Supremacy

Under this doctrine, if a law or contract violates any norm 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. Since the Constitution is the fundamental,
paramount, and supreme law of the nation, it is deemed written in every statute and contract.

Essential Qualities of the Written Constitution (Bro-Bri-D)

1. It must be Broad. It should provide for the entire governmental organization, cover all persons and
things within State territory, embody the past, reflect the present, and anticipate the future.
2. It must be Brief, having the basic principles to be implemented with legislative details more
adjustable to change and easier to amend.
3. It must be Definite to avoid confusion and divisiveness among the people.
Exception:
Provisions deliberately worded in a vague manner, like the due process clause, as to make them more
malleable to judicial interpretation in light of new circumstances.

PARTS OF A CONSTITUTION
1. Liberty – provisions prescribing the fundamental civil and political rights of citizens and the limitations
on the powers of government to enjoy those rights.
2. Government – provisions outlining the organization of the government, enumerating its powers,
laying down certain rules relative to its administration, and defining the electorate.
3. Sovereignty – provisions on the mode or procedure in accordance with which formal changes in the
fundamental law may be brought about. (Nachura, Outline Reviewer in Political Law, 2014 Ed., p. 3)

AMENDMENTS AND REVISIONS

Amendment vs Revision

Basis Amendment Revision

Definition An isolated or piecemeal change by A revamp or rewriting of the whole
adding, deleting, or reducing without instrument, altering the substantial entirety
altering the basic principles involved. of the Constitution.

Tests to determine whether a proposed change is an amendment or a revision

1. Quantitative test – Is the proposed change so extensive in its provisions as to change directly the
‘substantial entirety’ of the Constitution by the deletion or alteration of numerous existing provisions?
2. Qualitative test – Will the change accomplish such far reaching changes in the nature of our basic
governmental plan as to amount to a revision?

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PROCEDURE TO AMEND OR REVISE THE CONSTITUTION
CONSTITUTIONAL
BASIS CONSTITUENT ASSEMBLY PEOPLE’S INITIATIVE
CONVENTION
How proposed By Congress, acting as By Congress, By the people, upon a
Constituent Assembly (1) upon a vote of 2/3 of petition thru a plebiscite
upon a vote of ¾ of ALL ALL its members (to (at least 12% of the
its members. call for a ConCon); TOTAL number of
NOTE: Although the law is OR registered voters, of
silent on whether the which every legislative
(2) By Congress, upon a district must be
voting is done separately majority vote of ALL
or jointly, the prevailing represented by 3% of the
its members to submit registered voters therein
view is for separate to the Electorate the
voting as the Congress is (1987 Constitution, Art.
question of calling a XVII, Sec. 2) (+Full text of
bicameral. ConCon (+Plebiscite) the proposed
(1987 Constitution, amendments attached
Art. XVII, Sec. 3) in the petition)
NOTE: Although the law is NOTE: No amendment
silent on whether the shall be authorized more
voting is done separately than once every five
or jointly, the prevailing years thereafter.
view is for separate
voting as the Congress is
bicameral.
Coverage Amendment or Revision Amendment ONLY
Legal Questions 1. Manner of Proposal; or Propositions can be
(Subject to Judicial 2. Manner of calling ConCon declared null and void
Review) for violation of the
- This is a case where Congress, acting as a ConAss, Constitution.
calls for a ConCon but does not provide details for
the calling of such ConCon, and Congress, in
exercising its ordinary legislative power, may supply
such details.
Political Questions Substance of the
proposal.
Whether ConAss or ConCon should initiate the
amendment or revision.
Limits No amendment be
authorized oftener than
once every 5 years (1987
Constitution, Art. XVII,
Sec. 2).

Ratification
Amendments or revisions to the Constitution by Constituent Assembly or Constitutional Convention shall be
valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than 60 days
nor later than 90 days after the approval of such amendment or revision.
Amendments by People’s Initiative shall be valid when ratified by a majority of the votes cast in a plebiscite
which shall be held not earlier than 60 days nor later than 90 days after the certification by the COMELEC of
the sufficiency of the petition.

Requisites for a valid Ratification (Ple-Su-Re)

1. Held in a Plebiscite conducted under the Election Law;
2. Supervised by COMELEC; and
3. Only Registered voters take part.

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Doctrine of Proper Submission
Under this doctrine, there should be no piece-meal submission to the people of proposed
amendments to the Constitution. This is to enable them to make an intelligent appraisal thereof.
(Tolentino v. COMELEC, G.R. No. L-34150, October 16, 1971)

METHODS OF INTERPRETING THE CONSTITUTION

1. Verba legis – whenever possible, the words used in the Constitution must be given their ordinary
meaning.
2. Ratio legis et anima – where there is ambiguity, the words of the Constitution must be interpreted in
accordance with the intent of the framers.
3. Ut magis valeat quam pereat – the Constitution must be interpreted as a whole.

Self-executing provision
A provision which is complete by itself and becomes operative without the aid of supplementary or
enabling legislation.
General Rule:
All provisions of the Constitution are self-executory.
Rationale:
A contrary rule would give the legislature discretion to determine when, or whether, they shall be
effective. These provisions would be subordinated to the will of the lawmaking body, which could make
them entirely meaningless by simply refusing to pass the needed implementing statute. (Manila Prince
Hotel v. GSIS, G.R. 122156, Feb. 3, 1997)

Exceptions:
1. When it is expressly provided that a legislative act is necessary to enforce a constitutional mandate;
and
2. Provisions merely expressing general principles like:
a. Art. II: "Declaration of Principles and State Policies"
b. Art. XIII: "Social Justice and Human Rights"
c. Art. XIV: "Education Science and Technology, Arts, Culture end Sports” (Manila Prince Hotel v.
GSIS, G.R. 122156, Feb. 3, 1997)

NOTE: Such provisions are not ready for enforcement through the courts but are used by the judiciary
as aids or guides in the exercise of its power of judicial review, and by the legislature in its enactment
of laws. (Tondo Medical Employees Association v. CA, G.R. No. 167324, July 17, 2007)
Exceptions to exceptions:
1. Sec. 16, Art. II: Right to a balanced and healthful ecology (Oposa v. Factoran, G.R. No. 101083, July
30, 1993)
2. Sec. 17, Art. III: Right to information (Manila Prince Hotel v. GSIS, G.R. No. 122156, Feb. 3, 1997); and
3. Sec. 10, Art. XII: Filipino First Policy. (Manila Prince Hotel v. GSIS, G.R. No. 122156, Feb. 3, 1997)

NOTE: In case of doubt, the provisions of the Constitution should be construed as self-executing;
mandatory rather than directory and prospective rather than retroactive. (Cruz and Cruz,
Constitutional Law, p. 8)

DECLARATION OF PRINCIPLES AND STATE POLICIES

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