CONSTITUTIONAL LAW

o It’s purpose is to prescribe the permanent

framework of a system of government, to
GENERAL PRINCIPLES assign to the several departments their
respective powers and duties, and to establish
Political Law certain first principles on which the
government is founded [11 Am. Jur. 606].
o That branch of public law which deals with the
organization ,and operations of the
governmental organs of the State and defines Classification of the Constitution
the relations of the State with the inhabitants
of its territory [People v. Perfecto, 43 Phil. 1. Written or unwritten
887; Macariola v. Asuncion, 114 SCRA 77
o A written constitution is one whose
Scope/Divisions of Political Law precepts are embodied in one
document or set of documents;
o Constitutional Law
o Law on Municipal Corporations o An unwritten constitution consists of
o Law of Public Officers rules which have not been
o Election Laws integrated into a single, concrete
form but are scattered in various
sources, such as statutes of a
Basis of the Study fundamental character, judicial
decisions, commentaries of
o 1987 Constitution
publicists, customs and traditions,
o 1973 and 1935 Constitutions
and certain common law principles
o Other organic laws made to apply to the
Philippines, e.g., Philippine Bill of 1902, Jones
Law of 1916, and Tydings-McDuffie Law of
2. Enacted (Conventional) or Evolved
1934.
(Cumulative)
o Statutes, executive orders and decrees, and
judicial decisions
o U.S. Constitution. o A conventional constitution is
enacted, formally struck off at a
definite time and place following a
THE PHILIPPINE CONSTITUTION conscious or deliberate effort taken
by a constituent body or ruler
Constitution
o A cumulative constitution is the
o That body of rules and maxims in accordance
result of political evolution, not
with which the powers of sovereignty are
inaugurated at any specific time but
habitually exercised [Cooley, Constitutional
changing by accretion rather than by
Limitations, p. 4]. With particular reference to
any systematic method
the Constitution of the Philippines: That
written instrument enacted by direct action of
3. Rigid or Flexible
the people by which the fundamental powers
of the government are established, limited
and defined, and by which those powers are o A rigid Constitution is one that can
distributed among the several departments be amended only by a formal and
for their safe and useful exercise for the usually difficult process
benefit of the body politic [Malcolm, Philippine
Constitutional Law, p. 6].
 o while a flexible Constitution is one
that can be changed by ordinary
legislation
Qualities of a good written
Constitution:
a) Broad
o Not just because it provides for the
organization of the entire
government and covers all persons
and things within the territory of the
State but because it must be
comprehensive enough to provide
for every contingency.
b) Brief
o It must confine itself to basic
principles to be implemented with
legislative details more adjustable to
change and easier to amend.
c) Definite
o To prevent ambiguity in its
provisions which could result in
confusion and divisiveness among
the people
Essential parts of a good written
Constitution:
a) Constitution of Liberty
o The series of prescriptions setting
forth the fundamental civil and
political rights of the citizens and
imposing limitations on the powers
of government as a means of
securing the enjoyment of those
rights, e.g., Art. III.
b) Constitution of Government
o The series of provisions outlining the
organization of the government,
enumerating its powers, laying down
certain rules relative to its
administration, and defining the
electorate, e.g., Arts. VI, VII, VIII
and IX.
c) Constitution of Sovereignty
o The provisions pointing out the
mode or procedure in accordance
with which formal changes in the
fundamental law may be brought
about, e.g., Art. XVII.
Interpretation/Construction of the
Constitution
1. Verba Legis
o Whenever possible, the words used
in the Constitution must be given
their ordinary meaning except where
technical terms are employed. As
the Constitution is not primarily a
lawyer’s document, it being essential
for the rule of law to obtain that it
should ever be present in the
people’s consciousness, its language
as much as possible should be
understood in the sense they have a
common use. Second, where there is
ambiguity.
2. Ratio Legis Et Anima
o The words of the Constitution should
be interpreted in accordance with
the intent of the framers. Thus, in
Civil Liberties Union v. Executive
Secretary, 194 SCRA 317, it was held
that the Court in construing a
Constitution should bear in mind the
object sought to be accomplished
and the evils sought to be prevented
or remedied.
o A doubtful provision shall be
examined in light of the history of
the times and the conditions and
circumstances under which the
Constitution was framed.
3. Ut Magis Valeat Quam Pereat
o The Constitution has to be
interpreted as a whole.
o In Civil Liberties Union, it was
declared that sections bearing on a
particular subject should be
considered and interpreted together
 as to effectuate the whole purpose
of the Constitution and one section
is not to be allowed to defeat
another, if by any reasonable
construction, the two can be made
to stand together.
Revision
o Broadly implies a change that alters a basic
principle in the Constitution, like altering the
principle of separation of powers or the
system of checks and balances.
o There is also revision if the change alters the
substantial entirety of the Constitution.
o Generally affects several provisions of the
Constitution
Amendment
o It broadly refers to a change that adds,
reduces, deletes, without altering the basic
principle involved.
o Generally affects only the specific provision
being amended.
Lambino v. Comelec, G.R. No. 174153, October
25, 2006
o The Lambino proposal constituted a revision,
not simply an amendment, of the
Constitution, because it involved a change in
the form of government, from presidential to
parliamentary, and a shift from the present
bicameral to a a unicameral legislature.
o In determining whether the Lambino proposal
involves an amendment or a revision, the
Court considered the two-part test. First, the
quantitative test asks whether the proposed
change is so extensive in its provisions as to
change directly the “substance entirety” of
the Constitution by the deletion or alteration
of numerous provisions. The court examines
only the number of provisions affected and
does not consider the degree of the change.
Second, the qualitative test, which inquiries
into the qualitative effects of the proposed
change in the Constitution. The main inquiry
is whether the change will “accomplish such
far-reaching changes in the nature of our
basic governmental plan as to amount to a
revision”.
Steps in the amendatory process:
1. Proposal-The adoption of the suggested
change in the Constitution. A proposed
amendment may come from:
o Congress, by a vote of % of all its
members. Majority of authorities
opine that this is to be understood
as 3 /4 of the Senate and 3 /4 of the
House of Representatives.
o Constitutional Convention,
which may be called into existence
either by a 2/3 vote of all the
members of Congress, or (if such
vote is not obtained) by a majority
vote of all the members of Congress
with the question of whether or not
to call a Convention to be resolved
by the people in a plebiscite [Sec. 3,
Art. XVII].
o People, through the power of
initiative [Sec. 2, Art. XVI/].
Requisite: A petition of at least 12%
of the total number of registered
voters, of which every legislative
district must be represented by at
least 3% of the registered voters
therein.
o Limitation: No amendment in this
manner shall be authorized within
five years following the ratification of
this Constitution nor more often than
once every five years thereafter.
Initiative
o is the power of the people to propose
amendments to the Constitution or to
propose and enact legislation through an
election called for the purpose
o Three systems of Initiative:
 Initiative on the Constitution
-which refers to a petition
proposing amendments to the
Constitution;
  Initiative on Statutes
-Which refers to a petition
proposing to enact a national
legislation; and
 Initiative on Local Legislation
-which refers to a petition
proposing to enact a regional,
provincial, city, municipal or
barangay law, resolution or
ordinance [Sec. 2(a), R.A. 6735].
 Indirect Initiative
-is exercise of initiative by
the people through a proposition
sent to Congress or the local
legislative body for action [Sec. 2(b)
R.A. 6735]
Ratification
o The proposed amendment shall become part
of the Constitution when ratified by a majority
of the votes cast in a plebiscite held not earlier
than 60 nor later than 90 days after the
approval of the proposal by Congress or the
Constitutional Convention, or after the
certification by the Commission on Elections
of the sufficiency of the petition for initiative
under Sec. 2, Art. XVII.
Doctrine of Proper Submission
o Because the Constitution itself prescribes the
time frame within which the plebiscite is to be
held, there can no longer be a question on
whether the time given to the people to
determine the merits and demerits of the
proposed amendment is adequate.
Plebiscite
o may be held on the same day as regular
elections
o The use of the word “election" in the singular
meant that the entire Constitution must be
submitted for ratification at one plebiscite
only; furthermore, the people have to be
given a “proper frame of reference” in arriving
at their decision. Thus, submission for
ratification of piece-meal amendments by the
Constitutional Convention (which is tasked to
revise the Constitution) was disallowed since
the people had, at that time, no idea yet of
what the rest of the revised Constitution
would be [Tolentino v. Comelec, 41 SCRA
702]
Judicial Review of Amendments
o The question is now regarded as subject to
judicial review, because invariably, the issue
will boil down to whether or not the
constitutional provisions had been followed
[Sanidad v. Comelec, 78 SCRA 333; Javellana
v. Executive Secretary, 50 SCRA 50
Judicial Review
o The power of the courts to test the validity of
executive and legislative acts in light of their
conformity with the Constitution.
o This is not an assertion of superiority by the
courts over the other departments, but
merely an expression of the supremacy of the
Constitution [Angara v. Electoral Commission,
63 Phil. 139].
o The duty remains to assure that the
supremacy of the Constitution is upheld
[Aquino v. Enrile, 59 SCRA 183]
o The power is inherent in the Judicial
Department, by virtue of the doctrine of
separation of powers.
Who may exercise the power of Judicial Review
o Sec. 4(2), Art. VIII of the Constitution
recognizes the power of the Supreme Court
to decide constitutional questions.
Functions of Judicial Review
a) Checking
b) Legitimating
c) Symbolic [See: Salonga v. Pano, 134 SCRA
438]
Requisites of Judicial Review/lnquiry:
1. Actual case or controversy
o A conflict of legal rights, an assertion
of opposite legal claims which can be
resolved on the basis of existing law
and jurisprudence [Guingona v.
Court of Appeals, G. R. No. 125532,
July 10, 1998]

o A request for an advisory opinion is
not an actual case or controversy.
But an action for declaratory relief is
proper for judicial determination.
o The issues raised in the case must
not be moot and academic, or
because of subsequent
developments, have become moot
and academic.
2. The constitutional question must be
raised by the proper party.
o A proper party is one who has
sustained or is in imminent danger
of sustaining an injury as a result of
the act complained of.
o To be a proper party, one must have
“legal standing”, or locus standi.
o Locus standi is defined as a right of
appearance in a court of justice on a
given question.
3. The constitutional question must be
raised at the earliest possible
opportunity.
o In Matibag v. Benipayo, G.R. No.
149036, April 2, 2002, it was held
that the earliest opportunity to raise
a constitutional issue is to raise it In
the pleadings before a competent
court that can resolve the same,
such that, If not raised in the
pleadings, it cannot be considered at
the trial and, if not considered in the
trial, it cannot be considered on
appeal.
4. The decision on the constitutional
question must be determinative of the
case itself.
o Because of the doctrine of
separation of powers which
demands that proper respect be
accorded the other departments,
courts are loathe to decide
constitutional questions as long as
there is some other basis that can be
used for a decision. The
constitutional issue must be the lis
mota of the case. See: Zandueta v.
de la Costs, supra.; De la Llana v.
Alba, 112 SCRA 294.
Effects of Declaration of Unconstitutionality
a) Orthodox view
o An unconstitutional act is not a law;
o it confers no rights;
o it imposes no duties;
o it affords no protection;
o it creates no office;
o it is inoperative, as if it had not been
passed at all. See Art. 7, Civil Code
of the Philippines.
b) Modern view
o Courts simply refuse to recognize
the law and determine the rights of
the parties as if the statute had no
existence. See: Manila Motors v.
Flores, 99 Phil. 738; Serrano de
Agbayani v. PNB, 35 SCRA 429;
Republic v. Henda, 119 SCRA 411.
Certain legal effects of the statute
prior to its declaration of
unconstitutionality may be
recognized. See: Pelaez v. Auditor
General, 15 SCRA 569. Thus, a
public officer who implemented an
unconstitutional law prior to the
declaration of unconstitutionality
cannot be held liable [Ynot v. IAC,
supra]
Requisites of Partial Unconstitutionality:
a) The Legislature must be willing to retain
the valid portion(s), usually shown by the presence of
a separability clause in the law; and
b) The valid portion can stand independently
as law. See: In Re: Cunanan, 94 Phil. 534; Salazar v.
Achacoso, 183 SCRA 145.