CAFC Chronicles: Costly Tales of Claim Construction Fails
Presentation1
1.
2.
Definition
Constitution—the document which serves as the
fundamental law of the State; that body of rules and
maxims in accordance with which the power of
sovereignty are habitually exercised.
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.
Constitution
6. Constitution of Liberty
-sets forth the fundamental civil and political rights of the
citizens and imposes limitations on the powers of the
government as a means of securing the enjoyment of those
rights. e.g. Bill of Rights
Constitution of Government
-outlines the organization of the government, enumerates
its powers, lays down certain rules relative to its
administration and defines the electorate. e.g. Legislative,
Executive and Judicial Departments, Constitutional
Commissions
7.
Constitution of Sovereignty
the provisions pointing out the mode or procedure in
accordance with which formal changes in the fundamental
law may be brought about. e.g. Art. XVII-Amendments or
Revisions
Verba Legis—
whenever possible, the words used in the Constitution must be
given their ordinary meaning except where technical terms are
employed.
When there is Ambiguity—ratio legis et anima—
A doubtful provision shall be examined in the light of the history
of the times and the conditions and circumstances under which
the Constitution was framed. (Civil Liberties Union vs. Executive
Secretary, 194 SCRA 317)
Ut magis valeat quam pereat—
the Constitution has to be interpreted as a whole. (Francisco vs.
HR, G.R. No. 160261, November 10, 2003)
8. 1. 1987 Constitution
2. 1973 and 1935 Constitutions
3. Organic laws made to apply to the Philippines—
a. Philippine Bill of 1902
b. Jones Law of 1916
c. Tydings-McDuffie Law of 1934
4. Statutes, executive orders and decrees, and judicial
decisions
5. US Constitution
9.
We, the sovereign Filipino people, imploring the
aid of Almighty God, in order to build a just and
humane society and establish a Government that shall
embody our ideals and aspirations, promote the
common good, conserve and develop our patrimony,
and secure to ourselves and our posterity the blessings
of independence and democracy under the rule of law
and a regime of truth, justice, freedom, love, equality,
and peace, do ordain and promulgate this Constitution.
Preamble
10.
The Preamble is not a source of power or right for any
department of government. It sets down the origin,
scope, and purpose of the Constitution. It bears witness
to the fact that the Constitution is the manifestation of
the sovereign will of the Filipino people.
The identification of the Filipino people as the author of
the constitution calls attention to an important principle:
that the document is not just the work of representatives
of the people but of the people themselves who put their
mark approval by ratifying it in a plebiscite.
(Note:)
1. It does not confer rights nor impose duties.
2. Indicates authorship of the Constitution; enumerates the primary
aims and aspirations of the framers; and serves as an aid in the
construction of the Constitution.
11.
The national territory comprises the Philippine
archipelago, with all the islands and waters embraced
therein, and all other territories over which the
Philippines has sovereignty or jurisdiction, consisting
of its terrestrial, fluvial and aerial domains, including
its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarines areas. The waters
around, between and connecting the islands of the
archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the
Philippines.
Article I (National Territory)
