August 15,

POLITICAL LAW TRANSCRIBED NOTES - ATTY. SANDOVAL LECTURE

2017

A. Philippine Constitution

Doctrine of Constitutional Supremacy (Manila Prince Hotel vs. GSIS)- The Court stated
that if a law or contract violates any norm of the constitution, that law or contract whether
promulgated by the Legislative or Executive branch of the government or entered into by
private persons for private purposes, that law or contract is null and void and shall have no force
and effect. Since the constitution is the fundamental, paramount and supreme law of the
nation, it is deemed written in every statute and contracts.

Three important part of a good written constitution:

1. Constitution of Government - refers to the provisions providing for a system or a structure
of government, enumerating its powers, laying down certain rules relative to its
administration and defining the electorate. We particularly refer to Article VI (Legislative), VII
(Executive), VIII (Judicial), IX (Constitutional Commissions), X (Local Government).

2. Constitution of Liberty -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. Essentially we refer to the Bill of Rights.
These are the limitations of the powers of the State. Ex. Right against unreasonable searches
and seizure.

3. Constitution of Sovereignty - The provisions pointing out the mode or procedure in

accordance with which formal changes in the fundamental law may be brought about.
Essentially we refer to Article XVII of the Constitution (Amendment or Revisions).

Two Kinds of provisions:

1. Self- executing provisions- a provision is self-executing if it no longer requires enabling act
from congress for them to be operative as distinguish from non-self-executing provisions which
states otherwise.

2. Presumption: In Manila Prince Hotel vs GSIS, the supreme court ruled that unless it is
expressly provided that a legislative act is necessary to enforce its constitutional mandate, the
presumption now is that all constitutional provisions are self-executing.

Reason: The Supreme Court provides that if the constitutional provisions are treated by the
legislature as non-self executing, then the legislature would have the power to ignore or
practically nullify the mandate of the fundamental law and this can be cataclysmic.

If provisions are treated as non-self-executing, all the provisions shall remain dormant. What is
congress refuses to enact an implementing law? To drive home the point, look at Article II,
Section 26 "The state shall guarantee equal access to opportunity for public service and prohibit
political dynasties as may be defined by law." This is NOT self-executing. So Congress is
mandated by the Constitution to enact an anti-political dynasty law. Has Congress done so? No,
for obvious reason, sila unang matatamaan. So if the presumption is otherwise, then all the
provisions of the constitution shall be captive of Congress.

LUCKY EGAN G. PE BENITO-LEX LEONUM FRATERNITAS 1

August 15,
POLITICAL LAW TRANSCRIBED NOTES - ATTY. SANDOVAL LECTURE
2017

LUCKY EGAN G. PE BENITO-LEX LEONUM FRATERNITAS 2