CONSTITUTIONAL LAW REVIEWER b.

Cumulative or evolved – one which is a

product of growth or a long period of development
A. Concept of Constitution originating in customs, traditions, judicial decisions.
2. As their form:
1. Meaning of Constitution a. Written – in a written form at a particular time,
Constitution – defined as written instrument by usually by a specially constituted authority called a
which the fundamental powers of the government are “constitutional convention”
established, limited, and defined and by which these b. Unwritten – entirely a product of political
powers are distributed among the several departments evolution, consisting of largely of a mass of customs,
or branches for their safe and useful exercise for the usages and judicial decisions together with small
benefit of the people. body of statutory enactments of fundamental
character, usually bearing different dates.
2. Nature and purpose or function of a constitution 3. As to manner of amending them:
1. An instrument with status of a Supreme Law - a. Rigid or inelastic – cannot be amended or
creating the government, or the organic or basic law by altered except by some special machinery more
virtue of which the government exist. cumbrous than the ordinary legislative process;
a. It speaks for the entire Filipino people which are b. Flexible or elastic – possesses no higher legal
the author of the constitution and in full authority for all authority than ordinary laws and which may be
pursuant to its provisions; altered the same way as other laws.
b. It binds all the individual citizen and all organs
of the government which all other laws must conform 5. Advantages and disadvantages of written
to it; constitution
c. It is the test of the legality of all the government 1. Clearness, definiteness and stability – it is
action. prepared with great care and deliberation which cannot
2. An instrument of a Permanent Nature – be easily bent or twisted by the legislature or y the
a. contains provision for amendment or for courts to meet the temporary fancies of the moment.
revisions, it indicates the will of the people that the 2. Difficulty of amendment – prevents the
underlying principles which it rest. immediate introduction of needed changes and may
b. Neither public sentiments nor a desire to thereby retard the health growth and progress of the
advance the public welfare will justify the promulgation state or it no longer meets the needs and expectations of
of law which contravenes an express provision of the the people.
Constitution.
3. An instrument establishing certain basic principle 6. Requisites of a good written constitution
of Government and safeguarding fundamental rights 1. As to form:
– prescribe the permanent framework of the system of a. Brief – provision outlines the structure of the
government and to assign different departments or government of the whole state and the rights of the
branches their respective powers and duties, and to citizen;
establish certain basic principles on which the b. Broad – statement of the powers and function of
government is founded. the government and other relations between the
a. To set limits on the power of the government; governing body and the governed, requires that it be a
b. It serve as only general guidelines. comprehensive as possible.
4. An instrument designed primarily to promote c. Definite – the language of its provisions should
the common good and protect human rights – It is not be ambiguous, otherwise their application to
primarily designed to preserve and protect the rights of concrete situation may prove unduly difficult if not
the individual and minorities against the arbitrary impossible.
actions of those in authority. 2. As to content – it should contain at least 3 set of
provisions:
3. Meaning and Scope of Constitutional Law – a. Constitution of government – dealing with
defined as that branch of jurisprudence which treats of framework of government and its powers, laying down
constitution, their nature, formation and amendment, certain rules for its administration and defining
operation and interpretation. electorate;
a. refers to the law embodied in the Constitution as b. Constitution of liberty – the fundamental rights
well as the principles out of the interpretation and of the people and imposing certain limitations on the
application made by the courts; powers of the government as means of securing
b. Also, the binding interpretations of the enjoyment of these rights;
constitutional provisions by Congress, the President and c. Constitution of sovereignty – pointing out the
quasi-judicial administrative agencies in cases mode or procedure for amending or revising the
involving constitutional questions where exclusive constitution.
competence is lodged in them.
7. Constitution distinguished from state
4. Kinds of Constitution 1. A constitution is a legislation direct from the
1. As to their Origin and History: people ( Art. VI sec.1) is a legislation from the people’s
a. Conventional or enacted – One which is representative;
enacted by the constitutional assembly or 2. A constitution states the general framework of
conventions; law and fundamental powers of the government while
statue provides the details of the subject of which it
treats;
 3. A constitution is intended not merely to meet
existing conditions but future while statue is intended
primarily to meet existing conditions only;
4. A constitution is direct expression of sovereign
will, is the supreme and fundamental law of the State to
which statue and other laws must conform;
5. A constitution require more difficult and
intricate procedure for adoption or amendment than a
statue.
8. Authority to interpret the Constitution
1. Private Individuals – must ascertain the meaning
and effect of the Constitution in order to govern his own
actions and his dealings with other men;
2. Agencies charged with official duties – refers to
executive, legislative and judicial can give authoritative
exposition of the Constitution:
a. Final decisions belongs to Courts – the court
belongs the final decision which is binding on all
departments or organs of the government including the
legislature;
b. Power of the Judicial Review – the court will
thus construe the applicable constitutional provisions
not in accordance with how the executive or legislative
may want them construed, but in accordance with what
said provisions say and provide.
9. Interpretation and Construction of the
Constitution
1. Meaning – Interpretation or construction is act
or process of discovering and expounding the meaning
and intention of the authors of the law with respect to
its application to a given case.
a. Construction - a process for determining the
meaning of statutes, is the drawing of conclusion with
respect to subject which lie beyond direct expression of
the text from elements known from and given in the
text.
b. Interpretation – limited to exploration of the
written text itself.
2. Necessity – determines the constitutional
questions, the same rules of construction may be
resorted to as with other laws.
a. Where provision is plain - is to apply the law
with the Constitution at the top rung in the hierarchy of
legal norms;
b. Where provisions is ambiguous – it has been
demonstrated that application is impossible or
inadequate without aid.
3. Modification of rules of statutory construction –
the principles construction applicable to statutes are
applicable also to constitution but not to extent of
defeating the purposes for which a constitution is
adopted.
9. Common rules of interpretation or Construction
1. Effectuation of intent of the framers or the
people – principle and purposes of the construction is
that effect must given to the intent of the framers of the
organic law and of the people who adopted or approved
it or its amendments.
a. The intent must be gathered from both the letter
and spirit of the document, the rule being that a written
constitution is to be interpreted in the same spirit in
which it is produced;
b. There must be attributed to the framers an
intention to construct the instrument as a consistent
while without contradictory provisions;
c. It is the duty of the courts to constantly keep in
mind the objectives sought to be accomplished by its
adoption and the evils, if any, sought to be prevented or
remedied.
2. Uniform construction – It is a cardinal rule that
a constitution should receive a consistent and uniform
interpretation, so that it shall not be taken to mean one
thing at one time and another thing at another, even
though the circumstances may be so changed as to make
a different rule seem desirable.
a. rule of Stare decisis is peculiarly applicable in
the construction – constitutional provisions are to be
interpreted based on its historical background and
environment at the time of its adoption that caused their
being written as part of parcel hereof;
b. Constitutional questions must be determined as
of the time the questions are presented.
3. Flexible construction – usually announces the
certain basic principles to serve the perpetual
foundation of the State.
4. Liberal construction – the wordings of a
constitutional provisions do not have narrow or
contracted meaning but are used in approved senses to
cover al contingencies.
a. Constitution is expected to be effective over a
longer period of time than statute;
b. Constitution is not subject to rules of strict
construction;
5. Practical construction – provision is to be
followed in order that effect may be given its purpose.
a. A constitution is viewed as a continuously
operative charter of the government;
b. The constitution should be construed so as to
give it effective operation and suppress the mischief at
which it is aimed.
6. Constitution to be construed as a whole – In
construing the Constitution, the courts should have
recourse to the entire instrument.
7. Every part to be given effect - it should be given
to every part and every word of the Constitution.
8. Conflicting provisions to be harmonized –
Distinct provisions of the Constitution are repugnant to
each to other in such a way as to be irreconcilable only
when they are related to the same subject, are adopted
for the same purpose, and cannot be construed together
without material and substantial conflict.
9. Words to be given their ordinary meaning -
words of the constitution should be given plain, natural
and usual signification unless technical terms are
employed, in which case, the sense attached to them
prevails.
10. Consideration of the spirit as against the letter
– where constitutional provisions is plain and easily
understood, no construction is possible and no intent
can be derived other than that which may be derived
from the meaning of the language itself.
11. Doctrine of necessary implication – in
construing the constitution what is implied is as much a
part of the document as that which is expressed.
12. Other Rules:
a. Constitutional provisions generally mandatory;
b. Constitutional provisions presumed self-
executing;
 c. Office of proviso – introduces qualification,
condition, or limitation which is usually begin with the
word “provided.”
10. Extrinsic aids to construction
1. Primary aid to construction – the meaning and
intent of any provision should be sought in the words of
the document itself rather than out of it.
2. Similarity to other constitutions – the framers of
new constitution who adopt the provisions contained in
the constitution of another State.
3. Contemporary and practical construction –
means that interpretation give to a provision of the
Constitution by those who framed it or their
cotemporaries including legislative and executive
officials where they likewise serve in the constitutional
convention.
4. Contemporaneous circumstances – a court may
look to the history of the time and examine the state of
things existing when the Constitution is framed and
adopted in order to ascertain the prior law, the mischief
or evil sought to be remedied, and the remedy.
5. Proceedings at constitutional convention and
debates – a recourse may be had to proceedings of
convention which drafted the instrument.
6. Speech of author or sponsor – the speech of the
author or sponsor of a provision of the Constitution may
be taken as embodying the intention of the framers of
the organic law.
11. Permanence of the Constitution
1. Constitution intended to govern far into indefinite
future – the virtue of the written constitution is that it
suffice to govern the life of the people not only at the
time of its framing but for the indefinite future.
2. Constitution intended to have an indefinite life –
an assurance that constitutional guarantees will be
maintained, property rights will be safeguard and
individual rights maintained immaculate and safeguard.
3. Constitution intended to be adapted to changing
conditions – intended to endure for ages to come and
consequently, to be adapted to the various crisis of
human affairs.
4. Constitution intended to be construed with a
measure of flexibility – Our constitution is not be
construed narrowly or pedantically, for the
prescriptions therein contained, to paraphrase that the
words should be impressed with necessary attributes of
flexibility and accommodation to enable them to meet
adequately for whatever problems the future has in
store.
12. Constitution of the Republic of the Philippines
 1935 Constitution – Approved on 24 March
1934 by President Franklin Roosevelt through
Tydings-McDuffie Law, otherwise known as
Philippine Independence Ac.
Which has been conformed on 23 March 1935
by Pres. Roosevelt
Limitations and conditions:
1. Should be a Republican state;
2. Should have provisions on bill of rights;
3. Should contain a define provisions on the
relationship between the United States and the
Philippines – during Commonwealth period.
Sources:
1. Malolos Constitution
2. 3 organic laws enforced in the Philippines
1. Tydings-McDuffie Law;
2. Philippine Bill of 1 July 1902;
3. Jones Law of 26 August 1916.
Scope – the government established under this
Constitution shall be known as Commonwealth of the
Philippines.
Amendment – has been amended 3 times:
1. Plebiscite on 24 October 1939 in
accordance to Tydings-Koscialkowski
Act which liberalized the onerous
economic provisions of the Tydings-
Mcduffie law;
2. Plebiscite on 18 June 1940
establishment of bicameral legislature
and re-eligibility of President and VP for
second four year term of office;
3. Plebiscite on 11 March 1946 refer to
the party amendment which gives an
equal rights of American citizen with the
Filipino in the exploitation of natural
resources and the operation of
public utilities.
 1973 Constitution – promulgated on 17
January 1973 in accordance to P.D. 1102.
Prior to promulgation:
Martial Law – through Proclamation
No. 1081 on 21 September 21.
Amendment –
1. Referendum-Plebiscite on 16-17
October 1976 under P.D. 1033 created
the Batasang Pambansa which the
President and Prime Minister granted
concurrent lawmaking powers;
2. Plebiscite on 30 January 1980 making
70 years as the retirement age of the
members of Judiciary under B.P. 54;
3. Plebiscite on 7 1981 establishing a
a.) modified parliamentary government,
b.) instituting electoral reforms and
c.)allowing natural-born citizens who
have lost their citizenship to be
transferee of private land for the use
by them as residence.
 1987 Constitution - promulgated on 11
February 1987 created under Pres.Aquino’s
Proclamation No. 9 which creates the
Constitutional Commission of 1986
Basic Principles of Government:
1. Recognition of the aid of Almighty God;
2. Sovereignty of the people (Art. II sec. 1);
3. Renunciation of war as an instrument of
national policy (Art. II sec. 2);
4. Supremacy of Civilian authority over military
(Ibid., Sec.3);
5. Separation of Church
6. Recognition of family as basic social
institution;
7. Guarantees human rights;
8. Government through suffrage;
9. Separation of powers;
10. Independent of Judiciary;
11. Guarantee of local autonomy;
12. High sense of public service of morality and
accountability of public officers;
13. Nationalization of natural resources and
certain private enterprises affected with public
interest;
14. Guarantee social Justice and promotion of
individual social welfare;
15. Non-suability of State;
16. Rule of majority
17. Government of Majority;