THE CONSTITUTION
accordance with the intent of the framers.
POLITICAL LAW A. THE CONSTITUTION 3. DEFINITION, NATURE AND CONCEPTS Q: What is Political Law? A: It is that branch of public of public law which deals with the organization and operations of the governmental organs of the State and defines its relations with the inhabitants of the territory. (People v. Perfecto, G.R. No. L‐18463, October 4, 1922) Q: What is the scope of political of political law? A: 1. 2. 3. 4. 5. 6. 7.
Political law Constitutional law Administrative law Law on municipal corporations Law on public officers Election laws Public international law
Q: What is the Constitution? A: The Constitution is the basic and paramount law to which all other laws must conform and to which all persons, including the highest officials, must defer. (Cruz, Constitutional Law, Constitutional Law, 1998 ed., p. ed., p. 4) Q: How is the Philippine Constitution classified?
Ut magis valeat quam pereat – the Constitution has to be interpreted as a whole. (Francisco v. HR, G.R. No. 160261, Nov. 10, 2003)
Q: In case of doubt, of doubt, how should the Constitution be construed? A: The provisions should be considered self ‐ executing; mandatory rather than directory; and prospective rather than retroactive. (Nachura, Reviewer in Reviewer in Political Law, Political Law, 2005 ed., p. ed., p. 3) Q: What is the doctrine of Constitutional Supremacy? A: Under this doctrine, 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. contract. (Manila Prince Hotel v. GSIS, G.R. No. 122156, Feb. 3, 1997) Q: State the legal distinctions between EDSA 1 and 2.
A: EDSA 1
A: It is classified as written, enacted and rigid. (Art. XVII, (Art. XVII, 1987 Constitution) 1987 Constitution) Q: When did the Philippine Constitution take effect? A: It took effect on February 2, 1987, which was the date of the plebiscite. (De Leon v. Esguerra, G.R. No. L‐78059, Aug. 31, 1987) Q: How should the Philippine Constitution be interpreted? A: 1.
2.
Verba legis – whenever possible, the words used in the Constitution must be given their ordinary meaning except where technical terms are employed. Ratio legis et anima – where there is ambiguity, the words of the Constitution should be interpreted in
EDSA 2
As to power to power involved involved or exercised or exercised by by the the people people
Exercise of the of the people power of revolution of revolution
Exercise of the of the people power of freedom of freedom of speech and of assembly, of assembly, to petition the government for redress of grievances
Effect of Effect of exercise exercise of the of the power power involved involved
Overthrows the whole government
Only affected the Office of the of the President
Judicial review Judicial review
Extra‐constitutional. The legitimacy of the of the new government that resulted from it cannot be the subject of judicial review.
Intra‐constitutional. The resignation of the of the sitting President that it caused and the succession of the of the VP as President are subject to judicial to judicial review.
Nature of question of question involved
Presented a political question.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
Involves legal questions.
SANTO TOMAS
1
UST GOLDEN NOTES 2011
Q: Is the People Power recognized in the Constitution?
AMENDMENT AND REVISION Q: Distinguish amendment from revision.
A: “People power” is recognized in the Constitution: 1. Article III, Section 4 guarantees the right of the people peaceable to assemble and petition the government for redress of grievances; of grievances; 2. Article VI, Section 32 requires Congress to pass a law allowing the people to directly propose or reject any act or law or part of it passed by congress or a local legislative body; 3. Article 3. Article XIII, XIII, Section 16 provides that the right of the people and their organizations to participate in all levels of social, political, and economic decision‐making shall not be abridged and that the State shall, by law, facilitate the establishment of adequate consultation mechanisms; 4. Article XVII, Section 2 provides that subject to the enactment of an implementing law, the people may directly propose amendments to the Constitution through initiative.
A: AMENDMENT
REVISION
Isolated or piecemeal change merely by adding, deleting, or reducing without altering the basic principle involved
A revamp or rewriting of the of the whole instrument altering the substantial entirety of the Constitution
Q: How do you determine whether a proposed change is an amendment or a revision? A:
1.
Quantitative test – asks whether the proposed change is so extensive in its provisions as to change directly the ‘substantial entirety’ of the of the Constitution by the deletion or alteration of numerous existing provisions. One examines only the number of provisions of provisions affected and does not consider the degree of the of the change.
2.
Qualitative test – test – whether the change will accomplish such far reaching changes in the nature of our basic governmental plan as to amount to a revision. (Lambino v. Comelec, G.R. No. 174153, Oct. 25, 2006)
PARTS Q: What are the three parts of a written Constitution? A:
1.
2.
3.
Constitution of Sovereignty – – this refers to the provisions pointing out the modes or procedure in accordance with which formal changes in the Constitution may be made ( Art. XVII, Amendments or Revisions) or Revisions) Constitution of Liberty – the series of prescriptions setting forth the fundamental civil and political rights of the citizens and imposing limitations on the power of the government as a means of securing the enjoyment of those rights ( Art. III, Bill of Bill of Rights) Rights)
Q: How may the Constitution be amended or revised? A:
1.
Proposal a. By Congress upon a vote of ¾ of ¾ of all of all its members acting as Constituent Assembly (ConAss) Note: While the substance of the proposals made by each type of ConAss is not subject to judicial review, the manner the proposals are made is subject to judicial review.
Constitution of Government – Government – provides for a structure and system of government; refers to the provisions outlining the organization of the government, enumerating its powers, laying down certain rules relative to its administration and defining the electorate (Art. VI, Legislative Dep’t, Art. Dep’t, Art. VII, Exec. Dep’t, Art. VIII, Judicial Dep’t, Art. IX, Consti. Commissions)
Since ConAss owes their existence to the Constitution, the courts may determine whether the assembly has acted in accordance with the Constitution.
b.
2
By Constitutional (ConCon)
Convention
POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR.
