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What is a Constitution? The role of Constitutional Law is to effect an

equilibrium between authority so that rights are exercised
In the case of Manila Prince Hotel vs. GSIS, within the framework of the law and the laws are enacted
Constitution is defined as a system of fundamental laws for with due deference to rights.
the governance and administration of a nation. It is supreme,
imperious, absolute and unalterable except by the authority Good qualities of a written Constitution
from which it emanates. It has been defined as Brief
the fundamental and paramount law of the nation. It Broad
prescribes the permanent framework of a system of Concise
government, assigns to the different departments their
respective powers and duties, and establishes certain fixed Essential parts of the written Constitution
principles on which government is founded. The fundamental Liberty
conception in other words is that it is a supreme law to which Government
all other laws must conform and in accordance with which all Sovereignty
private rights must be determined and all public authority
administered. How many Constitutions we had?
Seven (7)
According to Cooley, A Constitution is the body of Biak na Bato Constitution (Revolutionary
rules and maxims in accordance with which the powers of Government)
sovereignty are habitually exercised. Malolos Constitution (Parliamentary)
1935 Constitution (Presidential)
According to Justice Malcolm, the written 1943 Constitution (Japanese Occupation)
instrument enacted by direct action of the people by which 1973 Constitution
the fundamental powers of the government are established, Freedom Constitution (Revolutionary)
limited and defined, and by which those powers are 1987 Constitution
distributed among several departments for their safe and
useful exercise for the benefit of the body politic." 3 Fundamental Powers of the State
Police Power
What makes the Constitution special? Power of Eminent Domain
Power of Taxation
Constitution work of the people itself
Work of creator: Constitution; Work of the creature: Other Note
laws or statutes These powers and rights countercheck but are
not necessarily hostile to each other
3 Purposes of the Constitution They have a common objective: co-existence
To prescribe the permanent framework of a system Their ultimate goal is the same: a well-ordered
of government society based on the inviolability of rights
To assign to the several departments their which, although they may not be curtailed
respective powers and duties arbitrarily, may nevertheless be regulated for
To establish certain first fixed principles on which the common good
government is founded
What is the Doctrine of Constitutional Supremacy?
What is the role of Constitutional Law?
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Under the Doctrine of Constitutional Supremacy What is the presumption regarding self-executing and
if a law or contract violates any norm of the constitution that not self-executing constitutional provision
law or contract whether promulgated by the legislative or by
the executive branch or entered into by private persons for In case of doubt, the Constitution should be
private purposes is null and void and without any force and considered self-executing rather than non-self-executing.
effect. Thus, since the Constitution is the fundamental, Unless the contrary is clearly intended, the provisions of the
paramount and supreme law of the nation, it is deemed Constitution should be considered self-executing, as a
written in every statute and contract. Adhering to the doctrine contrary rule would give the legislature discretion to
of constitutional supremacy, the subject constitutional determine when, or whether, they shall be effective. These
provision is, as it should be, impliedly written in the bidding provisions would be subordinated to the will of the lawmaking
rules issued by respondent GSIS, lest the bidding rules be body, which could make them entirely meaningless by simply
nullified for being violative of the Constitution. It is a basic refusing to pass the needed implementing statute. (Manila
principle in constitutional law that all laws and contracts must Prince Hotel vs. GSIS)
conform with the fundamental law of the land. Those which
violate the Constitution lose their reason for being. (Manila What is the Filipino First Policy?
Prince Hotel vs. GSIS)
The Filipino First Policy is a product of Philippine
What is a self-executing constitutional provision?
nationalism. It means that Filipinos should be given
preference in the grant of concessions, privileges and rights
Self-executing constitutional provision is a
covering the national patrimony. (Manila Prince Hotel vs.
provision, which is complete in itself and becomes operative
GSIS)
without the aid of supplementary or enabling legislation, or
that which supplies sufficient rule by means of which the right
What is Nationalism?
it grants may be enjoyed or protected. Thus a constitutional
provision is self-executing if the nature and extent of the right
Nationalism is inherent in the very concept of the
conferred and the liability imposed are fixed by the
Philippines being a democratic and republican state, with
constitution itself, so that they can be determined by an
sovereignty residing in the Filipino people and from whom all
examination and construction of its terms, and there is no
government authority emanates. In nationalism, the
language indicating that the subject is referred to the
happiness and welfare of the people must be the goal. The
legislature for action. The legislature may still enact
nation-state can have no higher purpose. Any interpretation
legislation to facilitate the exercise of powers directly granted
of any constitutional provision must adhere to such basic
by the Constitution, further the operation of such a provision,
concept. Protection of foreign investments, while laudable, is
prescribe a practice to be used for its enforcement, provide a
merely a policy. It cannot override the demands of
convenient remedy for the protection of the rights secured or
nationalism. (Manila Prince Hotel vs. GSIS)
the determination thereof, or place reasonable safeguards
around the exercise of the right. (Manila Prince Hotel vs.
4 Characteristics of the Constitution
GSIS)
Supreme
Imperious
What is a not self-executing constitutional provision?
Absolute
Unalterable
A not self-executing constitutional provision is a
Except by the authority from which it emanates.
provision, which lays down a general principle, such as those
(Manila Prince Hotel vs. GSIS)
found in Article II of the 1987 Constitution. (Manila Prince
Hotel vs. GSIS)

Three well-settled principles of constitutional
construction
Verba Legis wherever possible, the words used
in the Constitution must be given their ordinary
meaning except where technical terms
employed
Ratio Legis Est Anima The words of the
Constitution should be interpreted in accordance
with the intent of its framers
Ut magis valeat quam pereat The Constitution is
to be interpreted as a whole
1987 Constitution
The 1987 Constitution is the fourth fundamental law
to govern the Philippines since it became independent on
July 4, 1946
When did the Constitution take effect?
February 2, 1987 the date that the plebiscite for
its ratification was held (de Leon vs. Esguerra)
What is the danger if we make the effectivity of the
Constitution upon the proclamation of the President?
The President may delay the effectivity of the
Constitution.
2 types of changes in the Constitution
Amendment
Revision
Judicial Department
The "Judicial department is the only constitutional
organ which can be called upon to determine the proper
allocation of powers between the several departments and
among the integral or constituent units thereof" (Gonzales
vs. COMELEC)
Nature of power to amend the Constitution
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The power to amend the Constitution or to propose,
amendments thereto is not included in the general grant of
legislative powers to Congress (Sec. 1, Art, VI, Const.) It is
part of the inherent powers of the people - as the repository
of sovereignty in a republican state, such as ours (Sec. 1,
are Art. II, Const.) 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 (Sec. 1, Art. XV, Const.). 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, for their authority does
not emanate from the Constitution - they are the very source
of all powers of government, including the Constitution itself.
(Gonzales vs. COMELEC)
Section 1 of Article XV of the Constitution
"The Congress in joint session assembled by a vote of three
fourths of all the Members of the Senate and of the House
of Representatives voting separately, may propose
amendments to this Constitution or call a convention for that
purpose. Such amendments shall be valid as part of this
Constitution when approved by a majority of the votes cast at
an election at which the amendments are submitted to the
people for their ratification."
Pursuant to this provision, amendments to the
constitution may be proposed, either by Congress, or by a
convention called by Congress for that purpose. In either
case, the vote of "three-fourths of all the members of the
Senate and of the House of Representatives voting
separately" is necessary. And, "such amendments shall be
valid as part of the "Constitution when approved by a majority
of the votes cast at an election at which the amendments are
submitted to the people for their ratification." (Gonzales vs.
COMELEC)
Can the Congress provide for the implementing details?
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Yes. It is inherent in legislative power. The grant to
Congress as a Constituent Assembly of such plenary
authority to call a constitutional convention includes, by virtue
of the doctrine of necessary implication, all other powers
essential to the effective exercise of the principal power
granted, such as the power to fix the qualifications, number,
apportionment, and compensation of the delegates as well
as appropriation of funds to meet the expenses for the
election of delegates and for the operation of
Constitutional Convention itself, as well as all other
implementing details indispensable to a fruitful convention.
(Imbong vs. COMELEC)
What are the required votes to approve proposals?
Congress may determine what amendments it would have
the people ratify and thereafter take all the steps necessary
so that the approval or disapproval of the electorate may be
obtained, the convention likewise, to my mind, should be
deemed possessed of all the necessary authority to assure
that whatever amendments it seeks to introduce would be
submitted to the people at an election called for that purpose.
the May the people partially ratify or partially reject the
Constitution?
Yes Amendments (Isolated piecemeal change; one
proposal has no effect as to the others)
No Revision

As to the period, the Constitution indicates the way
the matter should be resolved. There is no ambiguity to the
applicable provision: "Any amendment to, or revision of,
this Constitution shall be valid when ratified by a majority of
the votes cast in a plebiscite which shall be held not later
than three months after the approval of such amendment or
revision." (Occena vs. COMELEC)
Who has the power to submit the proposal to the
people?
SC is not ready to answer the question; however,
Congress acting as a legislative body has the power to
submit the proposal to the people.

May proposal be submitted to the people in piecemeal?

No. In the case of Tolentino vs. COMELEC, Article

XV reads: "The Congress in joint session assembled, by a
vote of three fourths of all the Members of the Senate and of
the House of Representatives voting separately, may
propose amendments to this Constitution or call a convention
for that purpose. Such amendments shall be valid as part of
this Constitution when approved by a majority of the votes
cast at an election at which the amendments are submitted
to the people for their ratification." (Doctine of Proper
Submission)

Clearly, insofar as amendments, including revision,

are concerned, there are two steps, proposal and thereafter
ratification. Thus as to the former, two constituent bodies are
provided for, the Congress of the Philippines in the mode
therein provided, and a constitutional convention that may be
called into being. Once assembled, a constitutional
convention, like the Congress of the Philippines, possesses
in all its plenitude the constituent power. Inasmuch as