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MODULE 1

CONSTITUTIONAL LAW 1
(FOUNDATIONS AND PRINCIPLES OF THE PHILIPPINE STATE)

WEEK 1

I. INTRODUCTION
A. Important Definitions

Political Law
Constitutional Law
Constitution

B. Overview of the Constitution

The Constitution
 Basic Principles
 Nature and Purpose/Function
 Kinds of Constitution
a. As to Origin and History
b. As to Form
c. As to Manner of Amending Them

 Requisites of a Good Written Constitution

 Constitution Distinguished From Statute

 Authority to Interpret the Constitution

 Interpretation and Construction of the Constitution

 Common Rules in Construction and Interpretation of the

Constitution

 Extrinsic Aids to Construction

 Amendment or Revision of Constitution, Ratification of the

Same and Judicial Review of the Amendments Made
Three Theories of a Constitutional Convention

Case: (1) Lambino and Aumentado vs.

Comelec, G.R. Nos. 174153 And 174299,
October 25, 2006
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 Basic Rules in the Interpretation of the Constitution

 Principles of Constitutional Construction

Cases: (2) Civil Liberties Union vs. Executive

Secretary, G.R. No. 83896, February 22,
1991;

(3) Francisco, Jr. vs. House of

Representatives, G.R. No. 160261,
November 10, 2003

 Presumptions in Constitutional Interpretations

Cases: (4) Manila Prince Hotel vs. GSIS, G.R.
No. 122156, February 3, 1997

(5) Chavez vs. Judicial and Bar Council,

G.R. No. 202241, July 17, 2012

 The 1987 Constitution of the Philippines

 Historical Background, Sources and Amendments
 Basic Principles in the 1987 Constitution
 Salient Features of the 1987 Constitution
 Difference Between Constitution and Statute

I. INTRODUCTION
A. Important Definitions

Political Law – is that branch of public law which deals with the
organizations and operation of the governmental organs of the State
and defines the relations of the State with the inhabitants of its
territory. (Macariola vs. Asuncion, 114 SCRA 77)

Constitutional Law – is the study of the maintenance of the

proper balance between authority, as represented by the three inherent
powers of the State and liberty as guaranteed by the Bill of Rights.
(Justice Isagani Cruz)

Constitution – the document which serves as the fundamental law of

the state; -that body of rules and maxims in accordance with which powers
of sovereignty are habitually exercised. (Cooley) [comprehensive
definition]
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Constitution of the Republic of the Philippines – is a (1) written

instrument enacted by the direct action of the people by which the (2)
fundamental powers of the government are established, limited and
defined, and by which those powers are (3) distributed among the
several departments for their safe and useful exercise and for the benefit of
the body politic.

B. Overview of the Constitution

Basic Principles
1. The Constitution is the Supreme Law of the Land
2. It is the Symbol and Monument of the People’s Will emanates from them.
3. The Constitution outlines the infrastructures of the Government –
4. The Constitution must be obeyed by all
5. The Constitution may be modified either by amendment or revision,
subject to ratification by the people.
6. The Courts are the ultimate guardians of our Constitution.

Nature and Purpose or Function of a Constitution

(1) An instrument with the status of a supreme law.

(2) An instrument of a permanent nature.
(3) An instrument establishing certain basic principles of government and
safeguarding fundamental rights.
(4) An instrument designed primarily to promote the common good and
protect human rights.

Role of a Constitution:
-to effect an equilibrium between authority and liberty so that
rights are exercised within framework of law and laws are enacted with due
deference to rights.

Kinds of Constitution
1. As to their origin and history
a. Conventional or enacted - is the constitution that was created
through a constitutional convention; this convention is
called to be able to draft the constitution.
b. Cumulative or evolved - is the constitution that is developed as a
part of the history of a particular nation; it was not created through
a national convention.

2. As to their form
a. Written
b. Unwritten-One which is entirely the product of political
revolution, consisting largely of a mass of customs, usages and
judicial decisions together with a smaller body of statutory
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enactments of a fundamental character, usually bearing different

dates.

3. As to manner of amending them

a. Rigid or inelastic
b. Flexible or elastic

Requisites of a Good Written Constitution

1. As to form, a good written constitution should be:

a) Broad
b) Brief
c) Definite or clear

2. As to contents, it should contain at least three sets of provisions:

a. Constitution of Government
b. Constitution of Liberty
c. Constitution of Sovereignty

Constitution Distinguished from Statute

1. A constitution is a legislation direct from the people, while a statute is a
legislation from the people’s representatives;
2. A constitution merely states the general framework of the law and the
fundamental powers of the government, while a statute provides the
details of the subject of which it treats;
3. A constitution is intended not merely to meet existing conditions but to
govern the future, while a statute is intended primarily to meet existing
conditions only;
4. A constitution, being the direct expression of the sovereign will, is the
supreme or fundamental law of the State to which statutes and all other
laws must conform although there is a presumption that the latter are in
accord with the former; and
5. A constitution requires a more difficult and intricate procedure for
adoption of amendment than a statute.

Authority to Interpret the Constitution

1. Private individuals
2. Agencies charged with official duties

Interpretation and Construction of the Constitution

1. Meaning
2. Necessity
3. Modification of rules of statutory construction

Common Rules of Interpretation and Construction

1. Effectuation of intent of the framers or the people
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2. Uniform Construction.
3. Flexible Construction.
4. Liberal Construction.
5. Practical construction.
6. Constitution is to be construed as a whole any particular provision.
7. Every part to be given effect
8. Conflicting provisions to be harmonized.
9. Words to be given their ordinary meaning.
10. Consideration of the spirit as against the latter
11. Doctrine of necessary implication
12. Other rules.

Extrinsic Aids to Construction

1. Primary aids to construction
2. Similarity to other constitutions
3. Contemporary and practical construction
4. Contemporaneous circumstances
5. Proceedings at constitutional convention and debates-
6. Speech of author or sponsor

REVISION/AMENDMENT OF CONSTITUTION

The Constitution can only be changed by:

Amendment or revision (formal amendment)

A change may also be effected when our courts of justice interpret

ambiguously worded provisions of the Constitution to make it conform with
realities.

Revision – it is the rewriting or overhauling of the entire instrument.

Amendment – it is a change or alteration for the better.

Distinction Between Revision and Amendment (Lambino vs. Comelec, 505

SCRA 160 [2006])

REVISION AMENDMENT
1. a change that alters a basic 1. change that adds,
principle in the reduces or deletes
Constitution, like altering without altering the
the principle of separation of basic principle
powers of the systems of involved.
checks and balances, or where 2. Generally affects only the
the change alters the specific provision being
substantial entirety of the amended.
Constitution, as when the
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change affects substantive

provisions of the
Constitution.
2. Generally affects several
provisions of the
Constitution.

Two tests to determine whether the proposed change is a revision or

amendment:
1. Quantitative Test – whether the proposed change is “so extensive” in its
provisions so as to change directly the “substantial entirety” of the
Constitution by the deletion or alteration of numerous existing
provisions.
2. Qualitative Test – inquires into the qualitative effects of the proposed
change in the Constitution.

Two Modes of Revision the Constitution

a) By the Congress, upon a vote of ¾ of all its Members; or
b) By a Constitutional Convention – if Congress chooses to call a
Constitutional Convention (Con-Con)it may either:
i. Call a Constitutional Convention by a vote of 2/3 of all
its members; or
ii. Submit to the electorate the question or calling such a
body by a majority vote of all its members
Electorate - all the people in a country or area who
are entitled to vote in an election.

Three Modes of Amending the Constitution

1. By Congress, upon a vote of ¾ of all its Members; or
2. By a Constitutional Convention; or
3. By people’s initiative

Three Theories of a Constitutional Convention

A. The powers of the ConCon are in the nature of sovereign powers,
hence, it is more supreme over the other the other departments of the
government.
B. The ConCon is inferior to the other departments of the government
because it derived its powers from the legislature which created it.
C. It is independent and co-equal with the other departments of
government.

Ratification
The amendment to or revision of the Constitution must be submitted to
the people in a plebiscite called for the purpose not earlier than 60 days nor later
than 90 days after the approval of such amendment or revision.
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CASE:
(1) LAMBINO AND AUMENTADO VS. COMELEC, G.R. NOS. 174153
and 174299, October 25, 2006

Construction of Constitution
a. Rule of Liberality
b. Rule of Uniformity
c. Rule of Giving Effect to Intention of Framers
d. Rule of Practicality
e. Rule of Construing the Constitution in its entirety
f. Rule of Flexibility
g. Rule of Harmony
h. Rule of Giving Effect to Every
i. Rule of Giving Effect to Purpose
j. Rule of Construing the Constitution
k. Rule of Giving Ordinary Meaning to the Words Used
l. Rule of Implication
m. Rule of Prospectivity – G.R. laws have a prospective effect
unless:
1. The law itself provides for its retroactivity;
2. The law is remedial in nature;
3. The law is of an emergency nature and within the
scope of the police power of the government;
a. The law is penal in nature, provided, it is
favorable to the accused, and provided, that
the latter is not a habitual delinquent;
4. If the law is curative, provided, it does not impair vested
rights nor affect final judgments; and
5. If a substantive right is declared for the first time, unless
vested rights are impaired.

CASES:
(2) CIVIL LIBERTIES UNION VS. EXECUTIVE SECRETARY, G.R. No.
83896, February 22, 1991

(3) FRANCISCO, JR. VS. HOUSE OF REPRESENTATIVES, G.R. No.

160261, November 10, 2003

Principles of constitutional construction:

1. Verba legis (plain meaning rule)
2. Ratio legis est anima (interpretation according to spirit)
3. Ut magis valeat quam pereat (interpreted as a whole)

CASE:
(4) MANILA PRINCE HOTEL VS. GSIS, G.R. No. 122156, February 3, 1997
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(5) CHAVEZ VS. JUDICIAL AND BAR COUNCIL, G.R. NO. 202241, JULY
17, 2012

CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

Historical Background
1935 Constitution

Sources
a. Malolos Constitution
b. Three organic laws enforced in the Philippines before the passage of
Tydings-McDuffie Law, namely, the Instructions of President William
McKinley to the Second Philippine Commission on 4/7/1900; the
Philippine Bill of 7/1/1902 and the Jones Law of 8/26/16
c. The German Constitution
d. The Spanish Constitution
e. The Mexican Constitution
f. The unwritten English Constitution; and
g. The constitutions of several South American Countries

1973 Constitution

1987 Constitution

Basic Principles of Government Underlying the 1987 Constitution

1. Recognition of the aid of Almighty God (Preamble)
2. Sovereignty of the people. (Art. II, Sec. 1)
3. Renunciation of war as an instrument of national policy. (Art. II, Sec. 2)
4. Supremacy of civilian authority over the military (Art. II, Sec. 3)
5. Separation of Church and State (Art. II, Sec. 6)
6. Recognition of the importance of the family as a basic social institution
and of the vital role of the youth in nation-building) Art. Secs. 12, 13, Art.
XV)
7. Guarantee of human rights (Art. III, Secs. 1-22l Art. XIII, Secs. 17-19)
8. Government through suffrage (Art. V, Sec. 1)
9. Separation of powers with the concomitant checks and balances (Art. VI,
Sec. 1)
10. Independence of the judiciary (Art. VIII, Sec. 1)
11. Guarantee of local autonomy (Art. X, Sec. 2)
12. High sense of public service morality and accountability of public officers
(Ar. XI, Sec. 1)
13. Nationalization of natural resources and certain private enterprises
affected with public interest (Art. XII, Secs. 2, 3, 27 and 18)
14. Guarantee of social justice and promotion of individual and social welfare
(Art. XIII, Secs. 1-16)
15. Non-suability of the State (Art. XVI, Sec. 3)
16. Rule of the majority (Art. II, Sec. 1)
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17. Government of Laws and not of men. (Art. II, Sec. 1)

Is Santiago’s case relevant to the Court’s Ruling in the Case of LAMBINO AND
AUMENTADO VS. COMELEC, G.R. NOS. 174153?

No, because Lambino’s group failed to comply with the basic requirements of the
Constitution for conducting a people’s initiative in revising the 1987 Constitution

Sec. 2 of Article XVII states that Amendments to this Constitution may likewise
be directly proposed by the people through initiative upon a petition
of at least twelve per centum of the total number of registered voters, of which
every legislative district must be represented by at least three per centum of
the registered voters therein. No amendment under this section shall be
authorized within five years following the ratification of this Constitution nor
oftener than once every five years thereafter.

- The draft revision of the Constitution by Lambino’s group was not

initiated by the people since there is already a draft of the proposed
Constitutional amendment
- The draft revision of the Constitution by Lambino’s group was not
directly by proposed the people since they did not see the full text of the
proposed amendment upon signing the signature form

Controversial nature of the proposed changes:

1. The term limits on members of the legislature will be lifted and thus members
of Parliament can be re-elected indefinitely;

2. The interim Parliament can continue to function indefinitely until its

members, who are almost all the present members of Congress, decide to call for
new parliamentary elections. Thus, the members of the interim Parliament will
determine the expiration of their own term of office;

3. Within 45 days from the ratification of the proposed changes, the interim
Parliament shall convene to propose further amendments or revisions to the
Constitution.

Surplusage is language contained in a pleading that is unnecessary or

irrelevant. For example, in an indictment, surplusage is the allegation of any
fact or circumstances that is not a necessary element to the offense.

logrolling
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: the practice of including in a legislative bill unrelated provisions to attract a

wider base of support and insure passage of the bill as a whole

A people’s initiative to change the Constitution applies only to an

amendment of the Constitution and not to its revision. In contrast,
Congress or a constitutional convention can propose both amendments
and revisions to the Constitution. Article XVII of the Constitution
provides:

The Initiative Violates Section 2, Article XVII of the Constitution Disallowing

Revision through Initiatives

Likewise, the Supreme Court of Oregon ruled in Holmes v. Appling:

To call it an amendment is a misnomer.

Revision generally affects several provisions of the constitution, while

amendment generally affects only the specific provision being amended.

Quantitatively, the Lambino Group’s proposed changes overhaul two articles—

Article VI on the Legislature and Article VII on the Executive—affecting a total of
105 provisions in the entire Constitution.40 Qualitatively, the proposed changes
alter substantially the basic plan of government, from presidential to
parliamentary, and from a bicameral to a unicameral legislature.

The Lambino Group theorizes that the difference between “amendment” and
“revision” is only one of procedure, not of substance.