Constitutional Law is the study of the maintenance of the proper balance between authority as represented by the three inherent powers of the State and libertyas guaranteed by the Bill of Rights.
Unjustified ascendency of authority over liberty results to tyranny.
Unwarranted primacy of liberty over authority results in anarchy.
Definitions of Constitution
- The definition according to Cooley embodies both the written and unwritten Constitution:
A Constitution is “that body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised.”
- The definition provided by Justice Malcolm specifically defines written constitutions:
A Constitution is “the written instrument enacted by direct action of the people by which the fundamental powers of the government are 1established, 2limited, and 3defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic.”
Purposes of the Constitution
- Prescribe the permanent framework of a system of government
- Assign to the several departments their respective powers and duties
- Establish certain first fixed principles on which government is founded
The Constitution does not create basic individual rights. It merely recognizes and protects them.
Supremacy of the Constitution
The Constitution is the basic and paramount to which all laws must conform and to which all persons, including the highest officials of the land, must defer. No act shall be valid, no matter how noble its intentions, if it conflicts with the Constitution.
Classification of the Constitution
Constitutions are classified into the following:
- Written or unwritten
- Evolved (cumulative) or enacted (conventional)
- Rigid or flexible
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Written
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One whose precepts are embodied in one documents or set of documents
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Unwritten
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The rules are not integrated into a single, concrete form but are scattered in various sources
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Evolved (Cumulative)
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A result of political evolution and not inaugurated at any specific time but changing by accretion rather than by any systematic method
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Enacted (Conventional)
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Formally “struck off” at a definite time and place following a conscious or deliberate effort taken by a constituent body or ruler
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Rigid
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One that can be amended only by a formal and difficult process
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Flexible
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One that can be changed by ordinary legislation
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The Philippine Constitution is 1written, 2conventional, and 3rigid.
Essential Qualities of a Written Constitution
- Broad
– It provides for the organization of the entire government
– Covers all persons and things within the territory of the State
– Embodies the past, reflects the present, and anticipates future
– Must be comprehensive enough to provide for every contingency
- Brief
– So that it is more adjustable to change and easier to amend
- Definite
– To avoid ambiguity that results in confusion and divisiveness among the people
Exception to the definite characteristic:
When the rules are deliberately worded in a vague manner to make more malleable to judicial interpretation in the light of new conditions and circumstances
Essential Parts of the Written Constitution
1. Constitution of liberty
o Consists 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
o Found on the following articles:
§ II (Declaration of Principles and State Policies)
§ III (Bill of Rights)
§ IV (Citizenship)
§ V (Suffrage)
§ XII (National Economy and Patrimony)
2. Constitution of government
o Consists of a series of provisions
§ outlining the organization of the government
§ enumerating the government’s powers
§ laying down certain rules relative to its administration
§ defining the electorate
o Found in the following articles:
§ VI (The Legislative Department)
§ VII (Executive Department)
§ VIII (Judicial Department)
§ IX (The Constitutional Commissions)
§ X (Local Government)
§ XI (Accountability of Public Officers)
3. Constitution of sovereignty
o Consists of provisions pointing out the mode or procedure in accordance with which formal changes in the fundamental law may be brought about
o Found in Article XVII (Amendments or Revisions)
Permanence of the Constitution
Advantage
A written, conventional, and rigid constitution resists capricious or whimsical changes. It is not likely to be easily tampered with to suit political expediency, personal ambitions, or ill-advised agitation for change.
Disadvantage
It is unable to adjust to the need for change justified by new conditions and circumstances. The difficulty of amendment may delay needed change.
Interpretation of the Constitution
In case of doubt, the Constitution should be considered s 1self-executing rather than non-self-executing, 2mandatory rather than directory, and 3prospective rather than retrospective.
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Self-executing provision
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Directly or indirectly applicable without need of statutory implementation
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Non-self-executing provision
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One that remains dormant unless it is activated by legislative implementation
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Amendment vs. Revision
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Amendment
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Revision
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Steps in Revision or Amendment
There are two steps involved in the amendment or revision of the Constitution:
1. Proposal
2. Ratification
Proposal
A proposal can be made through the following:
1. Directly by the Congress
2. Through a constitutional convention
3. Directly by the people through initiative (for amendments only; not applicable to revisions)
Made directly through the Congress
ÿ By a vote of at least ¾ of all its members
Through a constitutional convention
ÿ By a vote of 2/3 of all the members of Congress, they may call for a constitutional convention
ÿ By a majority vote, they may submit to the electorate the calling of such a convention
Directly by the people through initiative
ÿ Applicable for amendments only, not revision
ÿ Needs the approval of at least 12% of the total number of registered voters
ÿ Every legislative district must be represented by at least 3% of the voters therein
ÿ No amendment through this is allowed within five years after the ratification of the Constitution
ÿ Not to be made oftener than once every five years
ÿ Two essential elements must be present:
o The people must author and thus sign the entire proposal
o The proposal must be embodied in a petition
It is better to make the proposal through direct legislative action when only amendments are sought. Reason: To avoid unnecessary expenditure.
For revision, it is better to entrust the task to a constitutional convention. Reason: They have more time, opportunity, and expertise.
Tests for Determining if Changes Constitute Amendment or Revision
- Quantitative Test
Only the number of provisions to be changed is taken into consideration
- Qualitative Test
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
Three Theories on the Relative Position of the Constitutional Convention vis-à-visthe Regular Departments of the Government
- Theory of Conventional Sovereignty (announced in Loomis v. Jackson)
The Constitutional Convention is supreme over the other departments of the government because the powers it exercises are in the nature of sovereign powers.
- Announced in Wood’s Appeal
The Constitutional Convention is inferior to the other departments because it is merely a creation of the legislature.
- Announced in Frantz v. Autry
As long as it exists and confines itself within the sphere of its jurisdiction, the constitutional convention must be considered independent of and co-equal with the other departments of the government.
Ratification
When the amendment or revision is through Section 1
When the amendment or revision is either through (1) the Congress or (2) a Constitutional Convention, it will be valid when ratified by a majority vote cast in a plebiscite that shall be held not earlier than sixty days nor later than ninetydays after the approval of the amendment or revision.
60 days after approval < plebiscite < 90 days after approval
When the amendment is through section 2
When the amendment (because revision is not allowed through section 2) is through the direct initiative of the people, it 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 Electionsof the sufficiency of the petition.
60 days after certification by COMELEC < plebiscite < 90 days after certification by COMELEC
- If only a mere statute is dealt with
It is sufficient that the decision of the people be made through their chosen representatives.
- Where the amendments or revisions concern the Constitution
It is imperative that the approval come directly from the people themselves.
Judicial Review of Amendments
The amending process, both as to proposal and ratification, raises a judicial question. Thus, the judiciary can declare the proposal or ratification invalid if the process is not followed and/or the requirements are not met.
The Fundamental Law of the Philippines since 1946
- The Commonwealth Constitution (1935)
- The 1973 Constitution
- The Freedom Constitution (1986)
- The 1987 Constitution
Some Facts About the 1987 Constitution
- A Constitutional Commission was created by President Corazon Aquino through Proclamation No. 9.
- The commission consisted of 50 members.
- They were charged to frame a new charter not later than September 2, 1986, but they finished the draft on October 15, 1986.
- The commission was headed by Justice Cecilia Muñoz-Palma.
- The commission recommended that the people be given three months instead of sixty days to study the provisions.
- The plebiscite was held on February 2, 1987.
- The Constitution was ratified by 76.29% of the electorate, with only 22.74% against.
It's a Ping Thing 