PowerPoint by Atty. Margate

1. CONSTITUTIONAL LAW

2. Is that branch of jurisprudence which treats
the nature of constitutions, their
establishment, construction and interpretation
(Black, Constitutional Law, p. 1)

3. SCOPE OF CONSTITUTIONAL LAW
It also embodies principles arising out of the decisions of the
courts (such as the Supreme Court) interpreting constitutional
provisions on pertinent cases. (Poquiz, Dean Salvador, Political
Law Reviewer, Vol. 1, p. 1)
Includes binding interpretations of constitutional provisions by
Congress (e.g. through the Electoral Tribunals), the President, and
quasi-judicial administrative agencies in cases involving
constitutional questions where exclusive competence is lodged in
them.
A major area in the study of constitutional law is concerned with
the examination of the body of rules governing judicial review.

4. POLITICAL LAW
• "Political" is here used to denominate the laws regulating
the relations sustained by the inhabitants to the sovereign.
(American Insurance Co. vs. Canter [1828], 1 Pet., 511; Chicago, Rock
Island and Pacific Railway Co. vs. McGlinn [1885], 114 U.S., 542;
Roa vs. Collector of Customs [1912], 23 Phil., 315.) as cited in The
People of the Philippines vs. Perfector, GR No. L-18463, 10-
4-1922
• It covers constitutional law; administrative law; law of
public officers; law on elections; and law of public or
municipal corporations.

5. WHAT IS A CONSTITUTION?
Is that body of rules and maxims in accordance with which
the powers of sovereignty are habitually exercised. (Cooley)
The written instrument enacted by direct action of the
people by which the fundamental powers of the
government are established, limited and defined, and by
which those powers are distributed among the several
departments for their safe and useful exercise for the
benefit of the body politic. (Justice Malcolm, on the 1987
Constitution)

6. The Constitution is a covenant that grants and guarantees
both the political and economic rights of the people. (Tatad
vs. Secretary of the Department of Energy, 281 SCRA 330,
G.R. No. 124360, G.R. No. 127867 November 5, 1997)

7. NATURE AND PURPOSE OR FUNCTION OF A
CONSTITUTION
An instrument with the status of a supreme law
An instrument of permanent nature
An instrument establishing certain basic principles of
government and safeguarding fundamental rights
An instrument designed primarily to promote the common
good and protect human rights.

8. DOCTRINE OF SUPREMACY OF THE
CONSTITUTION
The constitution is the basic and paramount law to
which all other laws must conform and to which all
persons, including the highest officials of the land,
must defer. No act shall be valid, however noble its
intentions, if it conflicts with the constitution. The
constitution must ever remain supreme. All must
bow to the mandate of this law.

9. CLASSIFICATIONS OF A CONSTITUTION
Written or unwritten
Evolved or enacted
Rigid or flexible

10. REQUISITES OF A GOOD WRITTEN
CONSTITUTION
As to form
 Brief
 Broad
 Definite
As to contents
 Constitution of government
 Constitution of liberty
 Constitution of sovereignty

11. ADVANTAGES AND DISADVANTAGES OF A
WRITTEN CONSTITUTION
Clearness, definiteness, and stability
Difficulty of amendment

12. CONSTITUTION VS. STATUTE
CONSTITUTION STATUTE
A legislation direct from the people A legislation from the people’s
representative
Merely states the general framework of the
law and the fundamental powers of the
government
Provides details of the subject which it treats
Intended not merely to meet existing
conditions but to govern the future
Intended primarily to meet existing
conditions only
Is the supreme or fundamental law of the
state to which statutes and other laws must
conform
There is a presumption that the statutes are
in accord with the constitution
Requires more difficult and intricate
procedure for adoption or amendment
Not difficult

13. INTERPRETATION OF CONSTITUTION

14. AUTHORITY TO INTERPRET THE
CONSTITUTION
1. Private individuals
2. Agencies charged with official duties
a) Final decision belongs to courts
b) Power of judicial review
c) Limitations on power

15. INTERPRETATION AND CONSTRUCTION OF
THE CONSTITUTION
Interpretation or construction?
Intrinsic interpretation
Extrinsic construction

16. COMMON RULES OF INTERPRETATION AND
CONSTRUCTION
1. Effectuation of intent of the framers or the people
2. Uniform construction
3. Flexible construction
4. Liberal construction
5. Practical construction
6. Constitution to be construed as a whole
7. Every part to be given effect

17. COMMON RULES OF INTERPRETATION AND
CONSTRUCTION
Conflicting provisions to be harmonized
Words to be given their ordinary meaning
Consideration of the spirit as against the letter
Doctrine of necessary implication
Other rules
Constitutional provisions generally mandatory
Constitutional provisions presumed self-executing
Office of a proviso

18. PERMANENCE OF THE CONSTITUTION
Constitution intended to govern far into the
indefinite future
Constitution intended to have an indefinite life
Constitution intended to be adapted to changing
conditions

19. CONSTITUTION OF THE REPUBLIC OF
THE PHILIPPINES

20. CONSTITUTIONS OF THE REPUBLIC OF THE
PHILIPPINES
1935 Constitution
1973 Constitution
1987 Constitution

21. THE 1935 CONSTITUTION – FRAMING &
RATIFICATION
3/24/1934
• Approval by
Pres. FD
Roosevelt of
the Tydings-
McDuffie Law.
5/1/1934
• Acceptance
by the Phil.
Legislature of
the Tydings-
McDuffie
Independenc
e Law as
required.
5/5/1934
• Approval by
the Phil Leg.
of a bill
calling a
ConCon.
7/10/1934
• Election of
Delegates of
the ConCon

22. THE 1935 CONSTITUTION
7/30/1934
• Inaugural
Session of the
ConCon
2/8/1935
• Approval by the
ConCon; Vote:
177 to 1
3/18/1935
• Submission of
the Constitution
to Pres. FDR by a
committee
composed of
Sen. Pres. MLQ,
ConCon Pres.
CMRecto, and
delegate Manuel
Roxas

23. THE 1935 CONSTITUTION
3/23/1935
• Approval by FDR of
the Constitution as
submitted to him.
5/14/1935
• Ratification of the
Constitution by the
Filipino Electorate
by a vote of
1,213,046, with
44,963 against.

24. THE 1935 CONSTITUTION
LIMITATIONS
AND
CONDITIONS
Limits the authority of the Filipinos in the framing of
their own constitution;
Enjoins that the constitution to be drafted should be
republican in form;
Should include Bill of Rights
Should contain provisions intended to define the
relations between the Philippines and the US during
the commonwealth period and after establishing the
Philippine Republic.

25. THE 1935 CONSTITUTION
SOURCES US Constitution
The Malolos Constitution
The 3 Organic Laws before Tydings: Instructions of Pres. McKinley to the 2nd
Phil. Comm.; the Phil. Bill, and the Jones Law.
The German Constitutions
The Spanish Constitution
The Mexican Constitution
The unwritten English Constitution, and
Several South American Constitutions

26. THE 1973 CONSTITUTION – FRAMING &
RATIFICATION
11/29/1972 – The ConCon approved the new proposed charter.
6/1/1971 – ConCon started rewriting the Constitution.
8/24/1970- RA 6132 was approved setting 11/10/1970, as election day for
the 320 delegates to the ConCon.
3/16/1967 – Congress in a joint session, passed Reso. of Both Houses No. 2,
authorizing the holding of ConCon

27. THE 1973 CONSTITUTION
APPROVAL BY CITIZENS ASSEMBLIES
• Read Associated Cases.
RATIFICATION BY PRESIDENTIAL PROCLAMATION
• Read Associated Cases

28. THE 1987 CONSTITUTION
THE
CONSTITUTIONAL
COMMISSION OF
1986
Was created pursuant to Art. V of
Proclamation No. 3 issued on March 25,
1986 which promulgated the Provisional
Constitution or “Freedom Constitution”
following the installation of a revolutionary
government.

29. THE 1987 CONSTITUTION
LAW
GOVERNING
THE
COMMISSION
Pursuant to Proclamation No. 3 and “in
accordance with the mandate of the people
to work toward the establishment of a just,
free and democratic constitutional order
within the shortest time possible,” the
President promulgated on April 23, 1986
Proclamation No. 9, the “Law Governing
the Constitutional Commission of 1986”

30. THE 1987 CONSTITUTION – FRAMING &
RATIFICATION
1
• Convened on June 2, 1986
2
• Approved by the ConCom on the night of
Sunday, October 12, 1986.
3
• Ratified by the people on February 2, 1987

31. THE 1987 CONSTITUTION
MERITS AND
DEMERITS OF
AN APPOINTIVE
FRAMING BODY
Was not expensive.
An appointive body is susceptible to
the charge of lack of independence
and to the suspicion of pressure and
even manipulation by the appointing
officer; and

32. THE 1987 CONSTITUTION
MERITS AND
DEMERITS OF AN
APPOINTIVE
FRAMING BODY
The writing of a Constitution as the highest
expression of the people’s “ideals and
aspirations” is a political exercise of
transcendental importance in a republican
democracy and, therefore, only those
directly elected and empowered by the
people must be entrusted with the task to
discharge this grave and solemn
responsibility.

33. INFIRMITIES IN THE FORMULATION
AND/OR RATIFICATION OF THE PHILIPPINE
CONSTITUTION

34. The 1899 Malolos Constitution
• Drafted by non-elective delegates, not ratified, and
not implemented
The 1935 Constitution
• Did not fully reflect the voice of the Filipino people.
• Has to be approved by the President of the US
before it would become effective.

35. The 1943 Constitution
• Ordered by an occupying army, drafted by commissioners
not elected by the people, and not ratified.
The 1973 Constitution
• Framed by delegates but not ratified by the electorate
through plebiscite.
• Drafted and arbitrarily implemented and amended under
a martial law regime.

36. The 1986 Provisional Constitution
• Drafted administratively by a revolutionary
government and not ratified.
The 1987 Constitution
• Authorized by a revolutionary government, framed
by appointive commissioners, and ratified under the
authority and auspices of said government.