Constitutional Law 1

Basic Concepts and Preliminary Provision

The Philippine Constitution:
 1987 Philippine Constitution - October 12, 1986
 Ratified Feb 2, 1987 – plebiscite
 enforced feb 11, 1987
1986 - freedom constitution -interim constitution (transition to marcos to aquino)
Political Law defined-
That branch of the public law which deals with the organization, and operations of the
governmental organs of the state and defines the relations of the State with the inhabitants
of its Territory [People c. Perfectos, 43 Phil. 877; Macariola V. Asunsion, 114 SCRA 77]
Public Law – the laws that pertain to statutes that affect the relationship between the state
and its inhabitants.
Constitution of the Philippines (Malcom, Philippine Constitutional Law)- Written instrument/
enacted by direct action of the people by which the fundamental powers of the government
are established limited and defined and which those powers are distributed among the
several departments for the safe and useful exercise for the benefit of the body politicb .
 Is a written constitution because this is a written instrument
Classifications/Kinds of Constitution
 Written & Unwritten Constitution
Unwritten Constitution – (from different countries) they have different sources. There is no
“One Document”. The collection of Laws, decrees, judicial decisions and etc. on which it
establishes the fundamental rights of the people and government.

 Plebiscite – direct action of the people (people’s approval)

 Limited – Bill of Rights – it limits the ability of the freedom of the government to
interfere into the private affairs of its citizens in the exercise to their liberties and their
right to property.
 Legislature, Executive and Judiciary
Classification
A. Written or Unwritten
B. Enacted (Conventional) or Evolved (Cumulative)
C. Rigid or Flexible