Constitutional Law 1 Notes

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CONSTITUTIONAL LAW 1 NOTES

Constitutional law – is a branch of jurisprudence that studies the constitution’s formation,


amendments, operation, interpretation, and nature.
BASIC PRINCIPLES UNDERLYING THE CONSTITUTION:
1. Recognition of the aid of almighty God (Preamble)
2. Sovereignty of the People (Art. 2, Sec. 1)
3. Renunciation of war as an instrument of national policy (Art. 2, Sec. 2)
4. Supremacy of Civilian authority over Military (Art. 2, Sec. 3)
5. Separation of Church and State (Art. 2, Sec. 6)
6. The recognition of family as basic social institution and of the vital role of the youth in
nation building (Sec. 12, and 13, Art. 2)
7. Guaranteed full respect of human rights (Art. 3, Sec. 1-22)
8. Government through suffrage (Art. V, Sec. 1)
9. The separation of powers concomitant with checks and balances (Sec. 1, Art. 6)
10. Independence of Judiciary (Art. 8, Sec. 1)
11. Guarantee of local autonomy (Art. 10, Sec. 2)
12. High sense of public service morality and accountability of public officers (Art. 11, Sec.
1)
13. Nationalization of national resources and private enterprises affected with public interest
(Art. 12, Sec. 2, 3, 17, 18)
14. Guarantee of social justice and promotion of individual welfare (Art. 8, Sec. 1-16)
15. Non-suability of the state (Art. 16, Sec.1)
16. Rule of majority (Art. 2, Sec. 1)
17. Government of laws not of men (Art. 2, Sec. 1)
ESSENTIAL PARTS OF THE CONSTITUTION
➢ PREAMBLE
➢ NATIONAL TERRITORY
➢ DECLARATION OF PRINCIPLES AND STATE POLICIES
➢ BILL OF RIGHTS
➢ LEGISLATIVE DEPARTMENT
➢ EXECUTIVE DEPARTMENT
➢ JUDICIARY
➢ LOCAL GOVERNMENT (LGUS, AUTONOMOUS REGIONS OF ARMM AND
CORDILLERA ADMINISTRATIVE REGION)
➢ CONSTITIONAL COMMISSIONS (INDEPENDENT COMIMISSIONS:
COMMISSION ON AUDIT, COMMISSION ON ELECTIONS AND CIVIL SERVICE
COMMISSION)
➢ NATIONAL PARTIMONY AND ECONOMY
➢ AMMENDMENTS OR REVISIONS
KINDS OF CONSTITUTION
ORIGIN AND HISTORY:
➢ CONVENTIONAL – enacted by constitutional assembly. (e.g., Japan’s
constitution)
➢ CUMULATIVE – product of growth or long period of development originating in
customs, traditions, and judicial decisions. (e.g., English constitution)
FORMS:
➢ WRITTEN – written by constitutional convention
➢ UNWRITTEN - product of political evolution, consisting of a largely mass of
customs, usages, and judicial decisions.
MANNER OF AMENDING:
➢ RIGID – Document of special sanctity which cannot be easily amended or altered.
➢ FLEXIBLE – It possess no legal authority than ordinary laws and may be altered
in the same way as other laws.
Our Constitution is classified as conventional, written, and rigid. However, it was drafted not by
an elected constituent assembly but by an appointive body called Constitutional Commission.
BASIS OF STUDY:
It is the fundamental law of the country that provides the fundamental rights of the people, the
separation of powers between the branches of government to provide checks and balances, basic
principles of government, promotes common good and protects human rights.
EFFECTIVITY OF THE 1987 CONSTITUTION:
It took effect on FEBRUARY 11, 1987.
RULES ON INTERPRETING DOUBTFUL PROVISIONS OF THE CONSTITUTION:
Ruling: In the case of Francisco v. House of Rep., the court held that a doubtful provision will be
examined in the light and history of the times and the condition and circumstances under which
the constitution was framed. Its objective is to ascertain the reason which induced the framers of
the constitution to enact the particular provision and the purpose sought to be accomplished.
1. Effectuation of the intent of the framers of the Constitution – intent of the framers should
be examined.
2. Uniform Construction – consistent and uniform interpretation consistent with the meaning
of a certain provision of the constitution.
3. Flexible Construction - it should account the prevailing conditions affecting a certain
provision of the constitution.
4. Liberal Construction – Since it will be effective over a long period than a statute, it is
necessary that the provisions should be broad and liberal to cover all contingencies.
5. Practical Construction – The constitutional provision should be construed or interpreted as
to carry out the general purposes of the government, effective operation and suppress the
mischief.
6. Constitution to be construed as a whole – ascertaining the true meaning and intent of any
particular provision.
7. Every part to be given effect – effect should be given to every part and every word of the
constitution.
8. Conflicting provisions to be harmonized – In case of conflicting provisions: general and
special proven to inconsistent that are repugnant, the special provision shall prevail over
the general. (Relevant law and case: Art. 7 of the NCC and CIR v. Prime town Property
Group Inc, however, their difference is that they refer to the special and general laws not
constitutional provisions) NCC = New Civil Code of the Philippines
9. Words to be given their original meaning – It is the responsibility of the court to ascertain
the meaning of the Constitution, not add or subtract it (Ranking v. Love). Presumably,
words convey definite meaning.
10. Consideration of the spirit against the letter – Interpret the true spirit and general purpose
of its enactment.
11. Doctrine of necessary implication- “what implies is the same as expressing it”.
AMENDMENTS AND REVISIONS
SOURCES OF POWER TO PROPOSE CHANGES TO THE CONSTITUTION
❖ AMENDMENTS is changing or adding an existing law or some provision of the
constitution. REVISION is the holistic change to the constitution.
❖ MODES/ REQUIREMENTS OF PROPOSAL FOR REVISION OR AMENDMENTS
➢ It may be proposed through (1) ¾ votes of the members of the Congress or (2)
constitutional convention. (Art. 17, Sec. 1)
➢ It may be directly proposed by the people through initiative upon a petition of at
least twelve per centum of the total number of registered voters and of at least
three per centum of the registered voters in every legislative district. (Art. 17,
Sec. 2)
➢ The power of the people under a system of initiative and referendum to directly
propose, enact, approve or reject, in whole or in part, the Constitution, laws,
ordinances, or resolutions passed by any legislative body upon compliance with the
requirements of this Act is hereby affirmed, recognized and guaranteed. – R.A.
6735)
❖ RATIFICATION
➢ DOCTRINE OF PROPER SUBMISSION - Amendments cannot be submitted to
the people in a piecemeal fashion wherein the other amendments are to follow. The
people should have a frame of reference from which to read the amendments being
proposed. (Tolentino vs COMELEC) SOURCE: http://law-students-
lounge.blogspot.com/2013/12/doctrine-of-proper-submission.html
➢ It shall be valid when ratified by a majority of the votes cast in a plebiscite which
shall not be earlier than sixty days not later than 90 days after the approval of such
amendments or revision. (Art. 17, Sec. 4)
SOURCE: TEXTBOOK
DE LEON, H.M & DE LEON H.S (2017), PHILIPPINE CONSTITUTIONAL LAW 1:
PRINCIPLES AND CASES, REX BOOK STORE

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