Mui, Bryan Angelo O.

191070

Legal Research Homework - Principles in Appreciating the Constitution

1.) What is a constitution? Why does it matter?

In its definition, according to the University College London, A constitution is the rule
book for a state. It sets out the fundamental principles by which the state is governed. It describes
the main institutions of the state, and defines the relationship between these institutions (for
example, between the executive, legislature and judiciary). It places limits on the exercise of
power, and sets out the rights and duties of citizens. As defined in the ASEAN Law Association
in Chapter 2 SOURCES OF LAW, The main sources of Philippine law are the Constitution,
statutes, treaties and conventions, and judicial decisions. The Constitution is the fundamental law
of the land and as such, it is authority of the highest order against which no other authority can
prevail. Every official action, to be valid, must conform to it. 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. The role of
statutes is intended to supply the details which the Constitution, because of its nature, must leave
unprovided for. The statutes of the Philippines are numerous and varied in their contents. They are
intended to provide rules and regulations which will govern the conduct of people in the face of
everchanging conditions.

The constitution is important because it is a document written to act as a symbol and

represent rules and regulations of political and social organizations. These defined rules and
principles act as a foundation in a nation to make sure that the matters of the state are carried out
without any dispute. It provides the basic structure to a government, it governs the distribution of
power, it has an apex body because the constitution is above all other laws present and followed
in the country. Any law that is being applied in the state needs to be passed by the constitution
itself, it defines the goals of a country, lays out the rights of every person, and states the power
transfer in case of emergency such as global pandemics or at the state of war
2. In the case of MANILA PRINCE HOTEL vs GSIS –
Under the doctrine of constitutional supremacy, 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 by private persons for private purposes is null and void and without any force
and effect. Thus, since the Constitution is the fundamental and supreme law of the nation, it is
deemed written in every statute and contract.
A constitutional provision is self-executing if the nature and extent of the right conferred
and the liability imposed are fixed by the constitution itself, so that they can be determined by an
examination and construction of its terms, and there is no language indicating that the subject is
referred to the legislature for action.

3. Schools of thought in interpreting the constitution

There are many schools of thought in interpreting the constitution. However, in most cases
we use two methods in interpreting the constitution. The first is the structural method, to which a
judge infers structural rules (power relationships between institutions, for instance) from the
relationships specifically outlined in the Constitution. The second method is the Textual method
to which a judge looks to the meaning of the words in the Constitution, relying on common
understandings of what the words meant at the time the provision was added.

In the case of Poe-Llamanzares v. Comelec, it is evident that the method used in this case
was a structural method as the Supreme Court ruled that The SC pronounced that FOUNDLINGS,
which Grace Poe is, are as a class, natural born- citizens as based on the deliberations of the 1935
Constitutional Convention, wherein though its enumeration is silent as to foundlings, there is no
restrictive language either to definitely exclude the foundlings to be natural born citizens. That
Foundlings are automatically conferred with the natural-born citizenship as to the country where
they are being found, as covered and supported by the UN Convention Law. Based on how the
court ruled into their decisions we can see that they based their findings and decision process based
on the 1935 constitutional convention.
In the case of Lagman v. Madialdea, it is evident that the method used in this case was a
textual method. As for Duterte’s declaration of Martial Law in Mindanao, In reviewing the
sufficiency of the factual basis of the proclamation or suspension, the Court considers only the
information and data available to the President prior to or at the time of the declaration. The
determination by the Court of the sufficiency of factual basis must be limited only to the facts and
information mentioned in the Report and Proclamation. The Court held that the President, in
issuing Proclamation No. 216, had sufficient factual bases tending to show that actual rebellion
exists. The President only has to ascertain if there is probable cause for a declaration of Martial
Law and the suspension of the writ of habeas corpus. The main basis of the declaration was the
attack of the Maute terrorist group in Marawi City. According to the report, the Maute group is an
affiliate of ISIS which is aiming to establish an Islamic caliphate in Marawi City (and might spread
its control in all the other parts of Mindanao). It also cited the ongoing rebellion and lawless
violence that has plagued Mindanao for decades.

4. Understanding the ramifications of the supremacy of the Constitution

In the case of Angara vs Electoral Commission, the doctrine laid out in this case is that the
separation of powers is a fundamental principle in our system of government. It obtains not through
express provision but by actual division in our Constitution. Each department of the government
has exclusive cognizance of matters within its jurisdiction, and is supreme within its own sphere.
But it does not follow from the fact that the three powers are to be kept separate and distinct that
the Constitution intended them to be absolutely unrestrained and independent of each other. The
Constitution has provided for an elaborate system of check and balances to secure coordination in
the workings of the various departments of the government. The Electoral Commission, as we
shall have occasion to refer hereafter, is a constitutional organ, created for a specific purpose,
namely to determine all contests relating to the election, returns and qualifications of the members
of the National Assembly. Although the Electoral Commission may not be interfered with, when
and while acting within the limits of its authority, it does not follow that it is beyond the reach of
the constitutional mechanism adopted by the people and that it is not subject to constitutional
restrictions. The Electoral Commission is not a separate department of the government, and even
if it were, conflicting claims of authority under the fundamental law between department powers
and agencies of the government are necessarily determined by the judiciary in justifiable and
appropriate cases.
In the case of Sameer Overseas vs. Cabiles, the doctrine laid out in this case is that – In the
hierarchy of laws, the Constitution is supreme. No branch or office of the government may exercise
its powers in any manner inconsistent with the Constitution, regardless of the existence of any law
that supports such exercise. The Constitution cannot be trumped by any other law. All laws must
be read in light of the Constitution. Any law that is inconsistent with it is a nullity. Thus, when a
law or a provision of law is null because it is inconsistent with the Constitution, the nullity cannot
be cured by reincorporation or reenactment of the same or a similar law or provision. A law or
provision of law that was already declared unconstitutional remains as such unless circumstances
have so changed as to warrant a reverse conclusion.