What is Constitution?

origins from social norms, customs, and

court decisions.
A constitution is the organic and
fundamental law of the state, which 3. As to manner of amending them
maybe written or unwritten, establishing
a. Rigid or inelastic - one which is being
the character and conception of its
drafted by a special body such as the
governments, laying the basic principles
Constitutional Commission which made
to which its internal life is to be
the 1987 Philippine Constitution. The
conformed, organizing the government,
constitution is not made by the same
and regulating, distributing, and limiting
body that makes ordinary laws. This
the functions of its different departments
involves a more complex process to
and prescribing the extent and manner of
change or amend it.
the exercise of sovereign powers (Munoz,
2002:17). b. Flexible or elastic - one which is made
by the body that makes ordinary laws
“The Constitution of the Philippines as
that is why it can be changed or
that written instrument enacted by direct
amended in the same manner as statutes
action of the people by which the
are changed or amended.
fundamental powers of the government
are established, limited and defined, and IMPORTANT QUALITIES OF A WRITTEN
by which the powers are distributed CONSTITUTION
among the several departments for their
1. Brief. It must cover only the important
safe and useful exercise for the benefit of
governmental features and rules.
the body politic.
- Malcom 2. Broad. It must contain a
comprehensive lay-out of the
The body of rules and principles in
government’s structure and powers.
accordance with which the powers of
sovereignty are regularly exercise. 3. Definite. It must ensure that all
provisions are so clear so as not to cause
Latin word: CONSTITUO means fixed,
confusion conflicting views of the people.
established, and settled
ESSENTIAL CONTENTS OF A WRITTEN
CONSTITUTION
CLASSIFICATIONS OF CONSTITUTION
1. Constitution of Government. These are
1.. As to their origin and history the provisions that outline the
organization of the government,
a. Conventional or enacted - one which
enumerate its powers, govern its
is either enacted by a constituent
administration, and define its relations
assembly or granted by a sovereign.
with its people.
b. Cumulative or evolved - one which is
2. Constitution of Liberty. These are the
the product of a long history of usage by
provisions that set the basic civil and
customs, traditions, judicial decisions,
political rights of the citizens and limits
etc. rather than by a deliberate and
governmental powers to allow their full
formal enactment.
enjoyment by the people.
2. As to the form
3. Constitution of Sovereignty. These are
a. Written - one which has been put into the provisions that lay down the
writing at a definite period of time by a procedures that will allow changes or
constituted authority called amendments to the constitution.
constitutional assembly.

b. Unwritten - one which has no exact

WAYS TO INTERPRET THE
date of promulgation as it is a product of
CONSTITUTION
historical development to traces its
1. Verba legis – Wherever possible, the not earlier than 60 days nor later than 90
words used in the Constitution must be days after the approval of such
given their ordinary meaning except amendment or revision.
where technical terms are employed.
Amendments by People’s Initiative
2. Ratio legis est anima – Where there is shall be valid when ratified by a majority
ambiguity, the words of the Constitution of the votes cast in a plebiscite which
should be interpreted in accordance with shall be held not earlier than 60 days nor
the intent of the framers. later than 90 days after the certification
by the COMELEC of the sufficiency of the
3. Ut magis valeat quampereat – The
petition.
Constitution is to be interpreted as a
whole (Francisco v. House of
Representatives, G.R. No. 160261,
REQUISITES FOR A VALID RATIFICATION
November 10, 2003)
1. Held in a plebiscite conducted under
BASIS AMENDMEN REVISION
the Election Law;
T
Definition Isolated or A revamp or 2. Supervised by COMELEC; and
piecemeal rewriting of
change the whole 3. Only registered voters take part.
merely by instrument
adding, altering the
deleting, or substantial Doctrine of Proper Submission
reducing entirety of
without the The people must be sufficiently
altering the Constitutio informed of the amendments to be voted
basic n. upon, for them to conscientiously
principles deliberate thereon, to express their will
involved. in a genuine manner. Submission of
piece-meal amendments is
unconstitutional.
Tests to determine whether a proposed
change is an amendment or a revision A plebiscite may be held on the same day
as a regular election (Gonzales v.
1. Quantitative test – Asks whether the
COMELEC, G.R. No. L- 28196, Nov. 9,
proposed change is so extensive in its
1967).
provisions as to change directly the
‘substantial entirety’ of the Constitution All amendments must be submitted
by the deletion or alteration of numerous for ratification in one plebiscite only. The
existing provisions. One examines only people have to be given a proper frame of
the number of provisions affected and reference in arriving at their decision
does not consider the degree of the (Tolentino v. COMELEC, G.R. No. L-34150,
change. October16, 1971).

2. Qualitative test – Asks whether the INITIATIVE

change will accomplish such far reaching
Power of the people to propose
changes in the nature of our basic
amendments to the Constitution or to
governmental plan as to amount to a
propose and enact legislation.
revision (Lambino v. Comelec, G.R. No.
174153, October 25, 2006). Kinds of Initiative under the
Initiative and Referendum Act (RA 6735)
RATIFICATION
1. Initiative on the Constitution – Refers
Amendments or revisions to the
to a petition proposing amendments to
Constitution by Constituent Assembly or
the Constitution.
Constitutional Convention shall be valid
when ratified by a majority of the votes 2. Initiative on statutes – Refers to a
cast in a plebiscite which shall be held petition to enact a national legislation.
3. Initiative on local legislation – Refers conferred and the liability imposed are
to a petition proposing to enact a fixed by the Constitution itself and there
regional, provincial, municipal, city, or is no language indicating that the subject
barangay law, resolution or ordinance is referred to the legislature for action.
[RA 6735, Sec. 3 (a)].
General Rule: All provisions of the
NOTE: Sec. 3 (b) of RA 6735 provides for: Constitution are SELFEXECUTORY.

a. Indirect Initiative – Exercise of Rationale: A contrary rule would give the

initiative by the people through a legislature discretion to determine when,
proposition sent to Congress or the local or whether, they shall be effective. These
legislative body for action. provisions would be subordinated to the
will of the lawmaking body, which could
b. Direct Initiative – The people
make them entirely meaningless by
themselves filed the petition with the
simply refusing to pass the needed
COMELEC and not with Congress.
implementing statute (Manila Prince
REFERENDUM Hotel v. GSIS, G.R. 122156, Feb. 3, 1997).

Power of the electorate to approve Exception: When it is expressly provided

or reject legislation through an election that a legislative act is necessary to
called for that purpose. enforce a constitutional mandate; or
those provisions which lay down general
Kinds of Referendum
principles are usually NOT self-executory
1. Referendum on Statutes - Refers to a (Manila Prince Hotel v. GSIS, G.R.
petition to approve or reject a law, or 122156, Feb. 3, 1997):
part thereof, passed by Congress.
a. Art. II: "Declaration of Principles and
2. Referendum on Local Law – Refers to a State Policies".
petition to approve or reject a law,
b. Art. XIII: "Social Justice and Human
resolution or ordinance enacted by
Rights"
regional assemblies and local legislative
bodies. c. Art. XIV: "Education Science and
Technology, Arts, Culture end Sports”
NOTE: The following cannot be subject of
an initiative or referendum:

a. No petition embracing more than one

(1) subject shall be submitted to the
electorate.

b. Statutes involving emergency

measures, the enactment of which are
specifically vested in Congress by the
Constitution, cannot be subject to
referendum until 90 days after their
effectivity. (RA 6735, Sec. 10).

SELF-EXECUTING AND NON-SELF-

EXECUTING PROVISIONS

Self-executing provision

Provision which is complete by

itself and becomes operative without the
aid of supplementary or enabling
legislation, or that which supplies
sufficient rule by means of which the
right it grants may be enjoyed or
protected; nature and extent of the right