I.

THE PHILIPPINE CONSTITUTION

A. Constitution: definition, nature, and concepts

Q:What is a constitution?
 A constitution is a system of fundamental laws for the governance and
administration of a nation. It is supreme, imperious, absolute and unalterable
except by the authority from which it emanates. It has been defined as the
fundamental and paramount law of the nation.[10] It prescribes the permanent
framework of a system of government, assigns to the different departments their
respective powers and duties, and establishes certain fixed principles on which
government is founded. The fundamental conception in other words is that it is a
supreme law to which all other laws must conform and in accordance with which
all private rights must be determined and all public authority
administered.[11] Under the doctrine of constitutional supremacy, if a law or
contract violates any norm of the constitution that law or contract whether
promulgated by the legislative or by the executive branch or entered into by
private persons for private purposes is null and void and without any force and
effect. Thus, since the Constitution is the fundamental, paramount and
supreme law of the nation, it is deemed written in every statute and contract.
(Manila Prince Hotel v. Government Service Insurance System)

Q: What is the doctrine of Constitutional supremacy?

 If a law or contract violates the constitution, then the Constitution will prevail over
the law or contract.
o REASON: since the Constitution is the fundamental, paramount and
supreme law of the nation, it is deemed written in every statute and
contract.
o BASIS: xxxWhen the courts declared a law to be inconsistent with the
Constitution, the former shall be void and the latter shall govern.xxx(Art 7,
NCC)

Q: Preamble?
 We, the sovereign Filipino people, imploring the aid of Almighty God, in order to
build a just and humane society, and establish a Government that shall embody
our ideals and aspirations, promote the common good, conserve and develop our
patrimony, and secure to ourselves and our posterity, the blessings of
independence and democracy under the rule of law and a regime of truth, justice,
freedom, love, equality, and peace, do ordain and promulgate this Constitution.

Q: Purpose of Preamble?
 Establish a Government with the following principles:
o that shall embody our ideals and aspirations,
o promote the common good,
o conserve and develop our patrimony, and
 o secure to ourselves and our posterity, the blessings of independence and
democracy under the rule of law and a regime of truth, justice, freedom,
love, equality, and peace, do ordain and promulgate this Constitution.
 Eto alternative answer sa, “What is a Constitution?” in case di mo matandaan
yung exact wording ng case law.

B. Parts
Q: Parts of the Constitution?
1. Constitution of Government – establishes the structure of government, its
branches and their operation or allocation of powers; e.g. Art. VI, VII, VIII, IX
2. Constitution of Sovereignty - provides how the Constitution may be changed, the
modality on how to change the fundamental law; i.e. Art. XVII
 In some commentaries, kasama dito yung notion of the people as repository
of sovereignty
3. Constitution of Liberty - states the fundamental rights of the people (Bill of
Rights); e.g. Art. III [Lambino v. COMELEC, G.R. No.174153. October 25, 2006]
 (Duenas, Jr. v.HRET, G.R. No. 185401,July 21, 2009. In that case,
enumeration lang. The definitions were given by Atty. DeVera)

C. Amendment and revision

Q: Why is this section important?
 Because the Philippines adhere to the rigid, rather than flexible way of amending
the Constitution.
 When we say rigid, it also flows from
o Written-
o Unwritten
RIGID FLEXIBLE
Specific constitutional None are provided.
modalities are Amendments or
mandated in order to revisions can be done
change or amend through legislative
parts of the enactments.
Constitution
 IMPT: A mere law cannot amend/ change the Phil. Constitution. For a change/
revision to be valid, it must conform to Art. XVII of the Consti.
ARTICLE XVII
AMENDMENTS OR REVISIONS

Section 1. Any amendment to, or revision of,

this Constitution may be proposed by:

1. The Congress, upon a vote of three-

fourths of all its Members; or
 2. A constitutional convention.

Section 2. Amendments to this Constitution

may likewise be directly proposed by the
people through initiative upon a petition of at
least twelve per centum of the total number of
registered voters, of which every legislative
district must be represented by at least three
per centum of the registered voters therein. No
amendment under this section shall be
authorized within five years following the
ratification of this Constitution nor oftener than
once every five years thereafter.

The Congress shall provide for the

implementation of the exercise of this right.

Section 3. The Congress may, by a vote of

two-thirds of all its Members, call a
constitutional convention, or by a majority vote
of all its Members, submit to the electorate the
question of calling such a convention.

Section 4.Any amendment to, or revision of,

this Constitution under Section 1 hereof shall
be valid when ratified by a majority of the votes
cast in a plebiscite which shall be held not
earlier than sixty days nor later than ninety
days after the approval of such amendment or
revision.

Any amendment under Section 2 hereof shall

be valid when ratified by a majority of the votes
cast in a plebiscite which shall be held not
earlier than sixty days nor later than ninety
days after the certification by the Commission
on Elections of the sufficiency of the petition.

Q: Steps in amending/revising the Constitution?

1. Proposal and
2. Ratification
Q: Modes of amending/revising the Constitution?
Amending Revising
Congress, upon a vote of Congress, upon a
three-fourths of all its vote of three-fourths
 Members(CONSTITUENT- of all its
ASSEMBLY) Members(CON-ASS)
vote of two-thirds of all its vote of two-thirds of all
Members its Members (CON-
(CONSTITUTIONAL- CON
CONVENTION)
Directly proposed by the
people through initiative
upon a petition of at least
twelve per centum of the
total number of registered
voters, of which every
legislative district must be
represented by at least
three per centum of the
registered voters therein.
The Congress shall
provide for the
implementation of the
exercise of this right.
(PEOPLE’S INITIATIVE)

Q: What are the methods of amending the Constitution and explain each briefly?
 NOTE: Iba ang methods sa steps ha!
 If the question is for 5 points, add Sec. 4 of Art. XVII.
1. Constituent Assembly- Amending the Constitution by a vote of three-fourths of all
its Members. Any amendment to, or revision of, this Constitution under Section 1
hereof shall be valid when ratified by a majority of the votes cast in a plebiscite
which shall be held not earlier than sixty days nor later than ninety days after the
approval of such amendment or revision.
2. Constitutional Convention- Amending the Constitution by a vote of two-thirds of
all its Members. Any amendment to, or revision of, this Constitution under
Section 1 hereof shall be valid when ratified by a majority of the votes cast in a
plebiscite which shall be held not earlier than sixty days nor later than ninety
days after the approval of such amendment or revision.
3. People’s initiative- Amending the Constitution by Directly proposed by the people
through initiative upon a petition of at least twelve per centum of the total number
of registered voters, of which every legislative district must be represented by at
least three per centum of the registered voters therein. The Congress shall
provide for the implementation of the exercise of this right. No amendment under
this section shall be authorized within five years following the ratification of this
Constitution nor oftener than once every five years thereafter. Any amendment
under Section 2 hereof shall be valid when ratified by a majority of the votes cast
in a plebiscite which shall be held not earlier than sixty days nor later than ninety
days after the certification by the Commission on Elections of the sufficiency of
the petition.
Q: An amendment/revision may be proposed by Constitutional Convention or by
a vote of vote of three-fourths of all its Members. Is there a third way of proposing
amendments or revisions? If so, how?
 No, there is no third way of proposing revisions. However, a people’s initiative
can be used as a third way to propose amendments to the Constitution. A
people’s initiative is an amendment directly proposed by the people through
initiative upon a petition of at least twelve per centum of the total number of
registered voters, of which every legislative district must be represented by at
least three per centum of the registered voters therein. No amendment under this
section shall be authorized within five years following the ratification of this
Constitution nor oftener than once every five years thereafter. The Congress
shall provide for the implementation of the exercise of this right.
o NOTE: In the Lambino case, it emphasized that even if the 12% and the
3% requirements were met, so long as there is no implementing
legislation, people’s initiative cannot be used.

Q: An amendment in the Constitution shall be valid by a vote of ¾ of all the

members of the Congress.
 False, because there are two steps for amendment to be valid. First, there must
be a proposal and second, there must be a ratification (an amendment shall be
valid when ratified by a majority of the votes cast in a plebiscite which shall be
held not earlier than sixty days nor later than ninety days after the approval of
such amendment or revision., Sec. 4, Art XVII)

Q: What are the three theories of the Constitutional convention against other
branches of the government?
1. Theory of Conventional sovereignty,
2. Convention is inferior to the other departments,
3. Convention is independent and co-equal to the other departments( Tolentino v.
Comelec, 1970)

Q: Nature of constituent power?

 NOTE: This is another term for Congress sitting as a Constituent assembly.
 Q: Why is this terminology important
 Q: When Congress sits to propose amendments or revisions, does it exercise
legislative power?
o NO. It is already discharging constituent power, not mere legislative
power, because it is enacting a mere legislation. Rather, it is changing the
Constitution. Remember that Consti amendment or revision is originally a
constituent power, meaning, it should reside in the sovereign. Peron naka-
delegate siya sa Congress, so when the Congress exercises it, it partakes
of a constituent power, which is the power to change the Consti through
amendments or revisions which originally resided in the sovereign, but
 was now delegated to the Congress or Consti Convention. Kaya tayo
babalik dun sa theory of sovereignty.
o Indeed, the power to amend the Constitution or to propose amendments
thereto is not included in the general grant of legislative powers to
Congress (Section 1, Art. VI, Constitution of the Philippines). It is part of
the inherent powers of the people — as the repository sovereignty in a
republican state, such as ours (Section 1, Art. 11, Constitution of the
Philippines) — to make, and, hence, to amend their own Fundamental
Law. Congress may propose amendments to the Constitution merely
because the same explicitly grants such power. (Section 1, Art. XV,
Constitution of the Philippines) Hence, when exercising the same, it is said
that Senators and members of the House of Representatives act, not as
members of Congress, but as component elements of a constituent
assembly. When acting as such, the members of Congress derive their
authority from the Constitution, unlike the people, when performing the
same function, (Of amending the Constitution) for their authority does not
emanate from the Constitution — they are the very source of all powers of
government including the Constitution itself.Since, when proposing, as a
constituent assembly, amendments to the Constitution, the members of
Congress derive their authority from the Fundamental Law, it follows,
necessarily, that they do not have the final say on whether or not their acts
are within or beyond constitutional limits. Otherwise, they could brush
aside and set the same at naught, contrary to the basic tenet that ours is a
government of laws, not of men, and to the rigid nature of our Constitution.
Such rigidity is stressed by the fact that the Constitution expressly confers
upon the Supreme Court, (And, inferentially, to lower courts.) the power to
declare a treaty unconstitutional. (Sec. 2(1), Art. VIII of the Constitution),
despite the eminently political character of treaty-making power.(Tolentino
v. COMELEC, G.R. No. L-34150 October 16, 1971)

Q: What are the valid conditions in order for a people’s initiative to amend the
1987 Constitution?
The elements of a valid petition for a people’s initiative are the following:
1. At least twelve percent (12%) of the registered voters, of which every legislative
district must be represented by at least three percent (3%) of the registered
voters in it, should directly sign the entire proposal; and
2. The draft of the proposed amendment must be embodied in the petition (Lambino
v. Commission on Elections, 505 SCRA 160 [2006]).

Q: The present Constitution introduced the concepts and processes of Initiative

and Referendum. Compare and differentiate one from the other. (3%)
  Intitiative is the power of the people to propose amendments to the Constitution
or to propose and enact legislations through an election called for the purpose
(Section 3 (a), Republic Act No. 6735).
 Referendum is the power of the electorate to approve or reject a legislation
through an election called for the purpose. (Section 3 (c), Republic Act No. 6735)

Q: What is an amendment?
 Amendment refers to a change that adds, reduces, or deletes without altering the
basic principle involved in the Constitution.
 An amendment is an alteration of one or a few separable alterations. The original
intention of an amendment is to improve specific provisions, add new provisions
or suppress provisions that are deemed to be dangerous.

Q: What is a revision and give examples?

 Revision is a change in the basic principle, alters the substantial entirety , or
affects substantial provision, and contemplates an examination of the entire
document. The examples are
o Switch from Presidential to parliamentary,
o Switch from bicameral to unicameral.

Q: State the two-part test in determining whether a change in the Constitution is

an amendment or a revision?
1. The quantitative test asks whether the proposed change is "so extensive in its
provisions as to change directly the 'substantial entirety' of the constitution by the
deletion or alteration of numerous existing provisions." The court examines only
the number of provisions affected and does not consider the degree of the
change.
2. The qualitative test inquires 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." Whether there is an alteration in the structure of government is a
proper subject of inquiry. Thus, "a change in the nature of [the] basic
governmental plan" includes "change in its fundamental framework or the
fundamental powers of its Branches." A change in the nature of the basic
governmental plan also includes changes that "jeopardize the traditional form of
government and the system of check and balances."(Lambino v. COMELEC)

Q: Applying the two-part test in Lambino v. COMELEC, what conclusion must be

reached in the Lambino proposed initiative?
 NOTE: It is sufficient to know that the proposal here is ratification which cannot
be done through a people’s initiative, how the test was used to determine WON a
proposal is an amendment or revision, and even if it is an amendment, an
enabling law is necessary.
 A: A people's initiative to change the Constitution applies only to an amendment
of the Constitution and not to its revision. In contrast, Congress or a constitutional
 convention can propose both amendments and revisions to the Constitution.
Under both the quantitative and qualitative tests, the Lambino Group's initiative is
a revision and not merely an amendment. Quantitatively, the Lambino Group's
proposed changes overhaul two articles - Article VI on the Legislature and Article
VII on the Executive - affecting a total of 105 provisions in the entire
Constitution.40Qualitatively, the proposed changes alter substantially the basic
plan of government, from presidential to parliamentary, and from a bicameral to a
unicameral legislature.

D. Self-executing and non-self-executing provisions

Q: What is a Self-executing provision?
 A provision which is complete in 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. Thus a
constitutional provision is self-executing if the nature and extent of the right
conferred and the liability imposed are fixed by the constitution itself, so that they
can be determined by an examination and construction of its terms, and there is
no language indicating that the subject is referred to the legislature for action.
(Manila Prince Hotel v. Government Service Insurance System)
 NOTE: Pag sinabing self-executing provision, that can be the cause of action
itself. Di na kailangan ng implementing legislation to claim a right.

Q: What is the presumption as regards the provisions of the Constitution?

 Unless it is expressly provided that a legislative act is necessary to enforce a
constitutional mandate, the presumption now is that all provisions of the
constitution are self-executing.If the constitutional provisions are treated as
requiring legislation instead of self-executing, the legislature would have the
power to ignore and practically nullify the mandate of the fundamental law.
(Manila Prince Hotel v. Government Service Insurance System)

Q: What part/s of the Constitution is self-executing and non-self-executing?

Self-executing Non-self-executing
ARTICLE II ARTICLE II
Section 15.1-Right to Section 26. Equal
health. access to
Section 16. Right to a opportunities for
balanced and public service and
2
healthful ecology . anti-dynasty6.
Section 28. Right to ARTICLE XVII
full public disclosure Section 2.-
of all its transactions Amendment throught

1 The State shall protect and promote the right to health of the people and instill health consciousness among them.
2 The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the
rhythm and harmony of nature.
involving public a People’s Initiative7.
interest.3

ARTICLE XII
Section 10, par. 2-
Filipino first policy4,
Section 11. Filipino
ownership 5

E. General provisions
Q:Law changing the design of PH flag is consi or unconsti?
 UNCONSTITUTIONAL. Under Sec. 1of Art XVI of the 1987 Constitution, it states
that, “The flag of the Philippines shall be red, white, and blue, with a sun and
three stars, as consecrated and honored by the people and recognized by law.”
Thus, an amendment to the Constitution would be necessary to change the
design of the Philippine flag.

Q: What is the State policy on the symbol of statehood?

 The symbol of Statehood are the Flag, a new name for the country, a national
anthem, or a national seal, which shall all be truly reflective and symbolic of the
ideals, history, and traditions of the people. However, the law for the new name
for the country, a national anthem, or a national seal shall take effect only upon
its ratification by the people in a national referendum. (Sec. 1 and 2, Art. XVI)

Q: A new law making, “Bayan Ko” as the new national anthem of the Philippines
in lieu of “Lupang Hinirang” is constitutional? True or False?

6 The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be
defined by law.
3 Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public

disclosure of all its transactions involving public interest.

4 In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall give

preference to qualified Filipinos.

5 No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except
to citizens of the Philippines or to corporations or associations organized under the laws of the Philippines, at least
sixty per centum of whose capital is owned by such citizens; nor shall such franchise, certificate, or authorization be
exclusive in character or for a longer period than fifty years. Neither shall any such franchise or right be granted
except under the condition that it shall be subject to amendment, alteration, or repeal by the Congress when the
common good so requires. The State shall encourage equity participation in public utilities by the general public. The
participation of foreign investors in the governing body of any public utility enterprise shall be limited to their
proportionate share in its capital, and all the executive and managing officers of such corporation or association must
be citizens of the Philippines.
7 Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition
of at least twelve per centum of the total number of registered voters, of which every legislative district must be
represented by at least three per centum of the registered voters therein. No amendment under this section shall be
authorized within five years following the ratification of this Constitution nor oftener than once every five years
thereafter.
 True. Congress may by law adopt a new national anthem, but it shall take effect
only upon ratification by the people in a national referendum (Section 2, Article
XVI of the Constitution).