CONSTITUTIONAL LAW

 Is that branch of jurisprudence which

treats the nature of constitutions, their
establishment, construction and
interpretation (Black, Constitutional Law,
p. 1)
 SCOPE OF CONSTITUTIONAL LAW
 It also embodies principles arising out of the decisions of the
courts (such as the Supreme Court) interpreting
constitutional provisions on pertinent cases. (Poquiz, Dean
Salvador, Political Law Reviewer, Vol. 1, p. 1)
 Includes binding interpretations of constitutional provisions
by Congress (e.g. through the Electoral Tribunals), the
President, and quasi-judicial administrative agencies in cases
involving constitutional questions where exclusive
competence is lodged in them.
 A major area in the study of constitutional law is concerned
with the examination of the body of rules governing judicial
review.
 POLITICAL LAW

• "Political" is here used to denominate the laws

regulating the relations sustained by the inhabitants to
the sovereign. (American Insurance Co. vs. Canter [1828], 1
Pet., 511; Chicago, Rock Island and Pacific Railway Co. vs. McGlinn
[1885], 114 U.S., 542; Roa vs. Collector of Customs [1912], 23
Phil., 315.) as cited in The People of the Philippines vs.
Perfector, GR No. L-18463, 10-4-1922
• It covers constitutional law; administrative law; law of
public officers; law on elections; and law of public or
municipal corporations.
WHAT IS A CONSTITUTION?
 Is that body of rules and maxims in accordance
with which the powers of sovereignty are habitually
exercised. (Cooley)
 The written instrument enacted by direct action of
the people by which the fundamental powers of the
government are established, limited and defined,
and by which those powers are distributed among
the several departments for their safe and useful
exercise for the benefit of the body politic. (Justice
Malcolm, on the 1987 Constitution)
 The Constitution is a covenant that grants and
guarantees both the political and economic rights of
the people. (Tatad vs. Secretary of the Department
of Energy, 281 SCRA 330, G.R. No. 124360, G.R. No.
127867 November 5, 1997)
 NATURE AND PURPOSE OR FUNCTION
OF A CONSTITUTION
 An instrument with the status of a supreme law
 An instrument of permanent nature
 An instrument establishing certain basic principles of
government and safeguarding fundamental rights
 An instrument designed primarily to promote the
common good and protect human rights.
 DOCTRINE OF SUPREMACY OF THE
CONSTITUTION
 The constitution is the basic and paramount
law to which all other laws must conform and
to which all persons, including the highest
officials of the land, must defer. No act shall
be valid, however noble its intentions, if it
conflicts with the constitution. The
constitution must ever remain supreme. All
must bow to the mandate of this law.
 CLASSIFICATIONS OF A
CONSTITUTION
 Written or unwritten
 Evolved or enacted
 Rigid or flexible
 REQUISITES OF A GOOD WRITTEN
CONSTITUTION
 As to form
 Brief
 Broad
 Definite
 As to contents
 Constitution of government
 Constitution of liberty
 Constitution of sovereignty
 ADVANTAGES AND
DISADVANTAGES OF A WRITTEN
CONSTITUTION
 Clearness, definiteness, and
stability
 Difficulty of amendment
 CONSTITUTION VS. STATUTE
CONSTITUTION STATUTE
A legislation direct from the people A legislation from the people’s
representative
Merely states the general framework of Provides details of the subject which it
the law and the fundamental powers of treats
the government
Intended not merely to meet existing Intended primarily to meet existing
conditions but to govern the future conditions only

Is the supreme or fundamental law of There is a presumption that the

the state to which statutes and other statutes are in accord with the
laws must conform constitution
Requires more difficult and intricate Not difficult
procedure for adoption or amendment
INTERPRETATION OF
CONSTITUTION
 AUTHORITY TO INTERPRET THE
CONSTITUTION
1. Private individuals
2. Agencies charged with official duties
a) Final decision belongs to courts
b) Power of judicial review
c) Limitations on power
 INTERPRETATION AND
CONSTRUCTION OF THE
CONSTITUTION
 Interpretation or construction?
 Intrinsic interpretation
 Extrinsic construction
 COMMON RULES OF
INTERPRETATION AND
CONSTRUCTION
1. Effectuation of intent of the framers or the people
2. Uniform construction
3. Flexible construction
4. Liberal construction
5. Practical construction
6. Constitution to be construed as a whole
7. Every part to be given effect
 COMMON RULES OF
INTERPRETATION AND
 CONSTRUCTION
Conflicting provisions to be harmonized
 Words to be given their ordinary meaning
 Consideration of the spirit as against the letter
 Doctrine of necessary implication
 Other rules
 Constitutional provisions generally mandatory
 Constitutional provisions presumed self-executing
 Office of a proviso
 PERMANENCE OF THE
CONSTITUTION
 Constitution intended to govern far into the
indefinite future
 Constitution intended to have an indefinite
life
 Constitution intended to be adapted to
changing conditions
CONSTITUTION OF THE
REPUBLIC OF THE
PHILIPPINES
CONSTITUTIONS OF THE
REPUBLIC OF THE PHILIPPINES
1935 Constitution

1973 Constitution

1987 Constitution
 THE 1935 CONSTITUTION – FRAMING
& RATIFICATION
3/24/1934 5/1/1934 5/5/1934 7/10/1934

• Approval by • Acceptance • Approval by • Election of

Pres. FD by the Phil. the Phil Leg. Delegates
Roosevelt of Legislature of a bill of the
the Tydings- of the calling a ConCon
McDuffie Tydings- ConCon.
Law. McDuffie
Independen
ce Law as
required.
 THE 1935 CONSTITUTION

7/30/1934 2/8/1935 3/18/1935

• Inaugural • Approval by • Submission of

Session of the the ConCon; the
ConCon Vote: 177 to 1 Constitution to
Pres. FDR by a
committee
composed of
Sen. Pres.
MLQ, ConCon
Pres. CMRecto,
and delegate
Manuel Roxas
 THE 1935 CONSTITUTION

3/23/1935 5/14/1935

• Approval by • Ratification of
FDR of the the Constitution
Constitution as by the Filipino
submitted to Electorate by a
him. vote of
1,213,046, with
44,963 against.
 THE 1935 CONSTITUTION
LIMITATIONS
AND Limits the authority of the Filipinos in the
CONDITIONS framing of their own constitution;

Enjoins that the constitution to be drafted

should be republican in form;

Should include Bill of Rights

Should contain provisions intended to define
the relations between the Philippines and the
US during the commonwealth period and
after establishing the Philippine Republic.
 THE 1935 CONSTITUTION
US Constitution
SOURCES
The Malolos Constitution

The 3 Organic Laws before Tydings: Instructions of Pres. McKinley to

the 2nd Phil. Comm.; the Phil. Bill, and the Jones Law.
The German Constitutions

The Spanish Constitution

The Mexican Constitution

The unwritten English Constitution, and

Several South American Constitutions

 THE 1973 CONSTITUTION –
FRAMING & RATIFICATION
3/16/1967 – Congress in a joint session, passed Reso. of Both
Houses No. 2, authorizing the holding of ConCon

8/24/1970- RA 6132 was approved setting 11/10/1970, as election

day for the 320 delegates to the ConCon.

6/1/1971 – ConCon started rewriting the Constitution.

11/29/1972 – The ConCon approved the new proposed charter.

 THE 1973 CONSTITUTION

APPROVAL BY CITIZENS ASSEMBLIES

• Read Associated Cases.

RATIFICATION BY PRESIDENTIAL
PROCLAMATION
• Read Associated Cases
 THE 1987 CONSTITUTION
THE
CONSTITUTION Was created pursuant to Art. V of
AL Proclamation No. 3 issued on March
COMMISSION 25, 1986 which promulgated the
OF 1986
Provisional Constitution or “Freedom
Constitution” following the installation
of a revolutionary government.
 THE 1987 CONSTITUTION
LAW
Pursuant to Proclamation No. 3 and
GOVERNING
“in accordance with the mandate of
THE
the people to work toward the
COMMISSIO
establishment of a just, free and
N
democratic constitutional order within
the shortest time possible,” the
President promulgated on April 23,
1986 Proclamation No. 9, the “Law
Governing the Constitutional
Commission of 1986”
THE 1987 CONSTITUTION – FRAMING &
RATIFICATION

• Convened on June 2, 1986

1
• Approved by the ConCom on the night of
2 Sunday, October 12, 1986.

• Ratified by the people on February 2, 1987

3
 THE 1987 CONSTITUTION
MERITS AND
DEMERITS Was not expensive.
OF AN
APPOINTIVE
FRAMING An appointive body is susceptible
BODY to the charge of lack of
independence and to the
suspicion of pressure and even
manipulation by the appointing
officer; and
 THE 1987 CONSTITUTION
MERITS AND
The writing of a Constitution as the
DEMERITS OF
highest expression of the people’s
AN APPOINTIVE
“ideals and aspirations” is a political
FRAMING BODY
exercise of transcendental importance
in a republican democracy and,
therefore, only those directly elected
and empowered by the people must
be entrusted with the task to
discharge this grave and solemn
responsibility.
INFIRMITIES IN THE FORMULATION
AND/OR RATIFICATION OF THE
PHILIPPINE CONSTITUTION
The 1899 Malolos Constitution
• Drafted by non-elective delegates, not
ratified, and not implemented

The 1935 Constitution

• Did not fully reflect the voice of the Filipino
people.
• Has to be approved by the President of the
US before it would become effective.
The 1943 Constitution
• Ordered by an occupying army, drafted by
commissioners not elected by the people, and
not ratified.

The 1973 Constitution

• Framed by delegates but not ratified by the
electorate through plebiscite.
• Drafted and arbitrarily implemented and
amended under a martial law regime.
The 1986 Provisional Constitution
• Drafted administratively by a revolutionary
government and not ratified.

The 1987 Constitution

• Authorized by a revolutionary government,
framed by appointive commissioners, and
ratified under the authority and auspices of said
government.