Chapter Xi Statcon

changes in the fundamental law to meet
mounting problems of the country
CHAPTER XI
CONSTITUTIONAL CONSTRUCTION
1987 Constitution
11.03 Primary Purpose of Constitutional
Construction
11.01 Constitution defined.

! Fundamental law which sets up a form
of Government and defines and delimits
the powers thereof and those of its
officers, reserving to the people
themselves plenary sovereignty
! A written charter enacted and adopted
by the people by which a government
for them is established and by which the
people give organic and corporate form
to that ideal thing, the state, for all time
to come.
! Instrument of permanent nature to
govern the future
! Enumerates general principles and
general directions
! Supreme law to which all other laws
must conform and in accordance with
which all private rights must be
determined and all public authority
administered.
! To ascertain the intent or purpose of the

framers of the Constitution as expressed
in the language of the fundamental law
and thereafter to assure its realization
11.04 Constitution construed as enduring
for ages
! To endure through a long laps of ages
not for the exigencies of a few years
! Govern the life of the people for the
indefinite future
! Solid, permanent and substantial
! Continuing instrument
! Although the principles embodied in a
constitution remain fixed and unchanged
from the time of its adoption, it must be
construed as a dynamic process to
stand for a great length of timeprogressive
11.02 Origin and History of the Philippine

Constitution
11.05 How
construed
How 1935 Constitution came about?

! Tydings-McDuffie Law people
of the Philippine Islands were
authorized to adopt a constitution
Distinct steps:
1. Drafting and approval by the
constitutional convention
2. Certification by the President
of US
3. Ratification by the people
1973 Constitution adopted in response

to popular clamor for meaningful
Chapter(11:(Constitutional(Construction(
By:(Benedicto,(Temanil,(Dela(Cruz,(Bacay,(Belarmino,(and(Capistrano(
language
of
constitution
Primary
source
to
ascertain
constitutional intent or purpose is the
language of the constitution itself
Presumption: the words in which
constitutional provisions are couched
express the objective sought to be
attained
Words must be understood in their
common use and ordinary meaning
except when technical terms are
employed
Constitution should be construed in a
(
plain, clear and unambiguous language

and should not be given a construction
that changes such meaning
Where the Constitution does not
specifically define the terms used
therein, they should be construed in
their general and ordinary sense
Fundamental law is not a lawyers
document but a document of the people
Rule: General prevails over the
restricted unless the contrary is
indicated
11.08.
PROCEEDINGS
CONVENTION
11.06 Aids to construction, generally
Apart from the language of the

constitution; courts may resort to the ff
in construing the constitution:
o History
o Proceedings of the convention
o Changes in phraseology
o Prior laws and Judicial decisions
o Contemporaneous constructions
o Consequences of alternative
interpretations
Most important factor in determining the
intention of the people, is the language
in which it is expressed
These aids are called extraneous aids;
their effect is not in precise rules, but
their influence describes the essentials
of the process
11.07 Realities existing at time of adoption;

object to be accomplished
History holds the key that unlocks the

door to understanding
Court looks to the history, examine the
state of things existing when the
constitution was framed, adopted and
interpret it in the light of these factors
History must be taken in consideration
because
there
are
certain
considerations rooted in the historical
background of the environment at the
time of its adoption.
The Court in construing the Constitution
should bear in mind the object sought to
be accomplished by its adoption and the
evils sought to be prevented or
remedied.
OF
THE
If the language of the constitutional

provision is plain, it is not necessary to
resort to the extrinsic aids for its
interpretation.
However, if there is more than one
construction and the intent of the
framers does not decisively appear in
the text, reliance for interpretation may
be made on extrinsic aids. (i.e., records
of deliberations or discussions in the
convention)
The constitutional wisdom is that the
Constitution does not derive its force
from the convention which framed it, but
from the people who ratified it, the intent
to be arrived at is that of the people.
The debates, interpretations, and
opinions
expressed
concerning
particular provisions yields additional
insight on the intent and meaning
thereof. The history of the constitutional
provision sheds light to the intent of the
framers of the Constitution at the time it
was created.
11.09.CONTEMPORANEOUS
CONSTRUCTION AND WRITINGS
Contemporaneous
or
practical
construction of specific constitutional
provisions by the legislative or executive
(
departments may be resorted to resolve,

but not to create, ambiguities.
GENERAL RULE: it is only in cases of
substantial doubt and ambiguity that the
doctrine
of
contemporaneous
construction has any application.
Where the meaning of a constitutional
provision is clear a contemporaneous
construction is neither allowed nor
entitled to any weight as to change its
meaning.
Writings
of
delegates
to
the
constitutional
convention
on
or
explaining the provisions of the
constitution, published shortly thereafter,
have some persuasive force. BUT their
personal opinions stand on different
footing.
If their opinions are based on fact known
to them, but not duly established or
judicially cognizable, it is IMMATERIAL.
and changes in phraseology (ex.

deletion of words) and these changes
may be inquired into to ascertain the
intent or purpose of the provision as
approved
HOWEVER mere deletion,

as negative guides, cannot prevail over
the positive provisions nor is it
determinative of any conclusion.
Certain provisions in our

constitution (from 1935 to the present)
are mere reenactments of prior
constitutions thus these changes may
indicate an intent to modify or change
the meaning of the old provisions.
Galman v. Pamaran
the phrase" no person

shall be x x x compelled in a criminal
case be a witness against himself" is
changed in such a way the words
criminal cases had been deleted simply
means that it is not limited to criminal
cases only.
11.10 PREVIOUS LAWS AND JUDICIAL

RULINGS
A constitution shall be held to be

prepared and adopted in reference to
existing statutory laws.
Courts are bound to presume that the
framers of the constitution are familiar
with the previous and existing laws upon
the subjects to which its provisions
relate and upon which they express their
judgment and opinion in adoption.
The framers of the constitution are
presumed to be aware of the prevailing
judicial doctrines or rulings concerning
which are the subject of constitutional
provisions.
Consequences of alternative constructions
consequences that may

follow from alternative construction of
doubtful
constitutional
provisions
constitute an important factor to
consider in construing them.
if a provision has more

than one interpretation, that construction
which would lead to absurd, impossible
or mischievous consequences must be
rejected.
e.g.
directory
and
mandatory interpretation: Art. 8 Sec
15(1) requires judges to render
decision within specific periods from
Changes in phraseology
Before a constitution is
ratified it undergoes a lot of revisions
date of submission for decision of

cases (construed as directory because
if otherwise it will cause greater injury
to the public)
and is laying down rules which for the

time being at least are to control alike
the government and the governed.
failure of the legislature to

enact the necessary required by the
constitution does not make the
legislature is illegal.
Constitution construed as a whole
provision should not be

construed separately from the rest it
should be interpreted as a whole and be
harmonized with conflicting provisions
so as to give them all force and effect.
Prospective or retroactive
RULE:
constitution
operates prospectively only unless the
words employed are clear that it applies
retroactively
sections in the constitution

with a particular subject should be
interpreted together to effectuate the
whole purpose of the Constitution.
Magtoto v. Manguera
Tolentino v. Secretary of Finance
Sec 20 of Article IV of the

1973 Constitution: no person shall be
compelled to be a witness against
himself. x x x Any confession obtained
in violation of this section shall be
inadmissible in evidence"
VAT Law, passage of bill
involved are article 6 Sec.

24 and RA 7716 (VAT Law)
contention
of
the
petitioner: RA 7716 did not originate
exclusively from the HOR as required by
the Constitution because it is the result
of the consolidation of two distinct bills.
Court held that this

specific portion of the mandate should
be given a prospective application
Court:
rejected
such
interpretation. (guys alam niyo na
naman to, that it should originate from
HOR but it could still be modified by
the Senate) J
Co v. Electric Tribunal
Sec. 1(3) Art. 4 of the

1987 Constitution states that those born
before January 17, 1973 of Filipino
mothers, who elect Philippine citizenship
upon reaching the age of majority" are
citizens of the Philippines has a
retroactive effect as shown to the clear
intent of the framers through the
language used
Mandatory or directory
RULE:
constitutional
provisions are to be construed as
mandatory unless a different intention is
manifested.
Why? Because in a
constitution, the sovereign itself speaks
Applicability of rules of statutory construction
penalty does not render such provision

ineffective in the absence of such
legislation.
Doctrines
used
in
Sarmiento v. Mison is a good example
in which the SC applied a number of
rules of statutory construction.
In case of DOUBT,
Construe such provision as self
executing
rather
than
non-self
executing. Unless the contrary is clearly
intended,
provisions
should
be
construed as self-executing.
Issue: whether or not the

appointment of a Commissioner of
Customs is subject to confirmation by
the Commission on appointments
Manila Prince Hotel v. GSIS
Generally, constitutional provisions are selfexecuting
Issue: w/n in the sale at

public bidding of the majority ownership
of the Manila Hotel a qualified entity
can match the winning bid of a
foreigner and be entitled to the award
of the contract of sale.
RULE:
constitutional
provisions are self executing EXCEPT
when provisions themselves expressly
require legislations to implement them
or when, from their language or tenure,
they are merely declarations of policies
and principles.
Held:
The
resolution
depends on whether the issue is self
executing or not. The court ruled that
the qualified Filipino entity must be
given preference by granting it the
option to match the winning bid because
the provision is self executing.
SELF
EXECUTING
PROVISIONS- provisions which are
complete by themselves and becomes
operative
without
the
aid
of
supplementary or enabling legislation or
which supplies sufficient rule by means
of which the right it grants may be
enjoyed or protected.
Three maxims employed as aids to construe

constitutional provisions
self-executing
provision
does not preclude the legislature from
enacting laws which facilitate the
exercise of powers directly granted by
the Constitution
A. Verba Legis - the words used in the

Constitution must be given their ordinary
meaning excet where technical terms are
employed.
J.M. Tuason & Co., Inc. v. Land
Tenure Administration
operation of self-executing
provisions prescribe a practice to be
used for their enforcement, provide a
convenient remedy for the protection of
rights, or place reasonable safeguards
around the exercise of the right
It is to be assumed
that the words in which the constitutional
provisions are couched express the objective
sought to be attained
Just because legislation

may supplement and add or prescribe a

They are to be
given their ordinary meaning excpt where
technical terms are employed in this case the
significance thus attached to them prevails
framers and
Constitution
the
people
adopting
the
In
ratifying
the
Constitution, they can safely assume that the
people are guided mainly by the explanations
offered by the framers
What
it
says
according to the text of the provision to be
construed compels acceptance and negates
the power of the courts to alter it
C. Ut Magis Valeat Quam Pereat - The

Constitution is to be interpreted as a whole
B. Ratio Legis Est Anima - the words
of the constitution should be interpreted in
accordance with the intent of its framers
Chiongbian v. De Leon
When members of
the
Constitutional
Convention
adopted
subsection 2, they permitted, if not willed, that
the said provision should function to the full
extent of it substance and its terms, not by
itself alone, but in conjunction with all other
provisions of that great document
Civil Liberties Union v. Executive

Secretary
The
Court
in
construing a Constitution should bear in mind
the object sought to be accomplished by its
adoption, and the evils, if any, sought to be
prevented or remedied
Civil Liberties Union v. Executive
The object is to
ascertain the reason which induced the
framers of the Constitution to enact the
particular provision and the purpose sought to
be accomplished in order to construe the
whole as to make the words consonant to that
reason ans calculaed to effect that purpose.
Nitafan
Internal Revenue
v.
Commissioner
Secretary
All
provisions
bearing upon a particular subject are to be
brought into view and to be so interpreted as to
effectuate the great purpose of the instrument
Sections bearing on
a particular subject should be considered and
interpreted together as to effectuate the whole
purpose of the Constitution and one section is
not allowed to defeat another, if by reasonable
consturction, the two can be made to stand
together.
on
The ascertainment
of the intent is to keep with the fundamental
principle of constitutional construction that the
intent of he framers of the law and of the
people adopting it should be given effect.
In other words, the

courts must harmonize them, if practicable and
,must lean in favor of a construction which will
render every word operative rather than idle
and nugatory.
Ascertain
and
assure the realization of the purpose of the

In cases where
plain menaing is not found to be clear, resort to
other aids available.
The
court
expounded that debates in contitutional
conventions are of value as showing the views
of the individual members, and indicating the
reasons for their votes, but they give us no
light as to the views of the large majority who
did not talk. It is safer to constue the
constitution from what it appears upon its face.
The
proper
interpretation therefore depends more on how
it was understood by the people adopting it
than in the framers' understanding
Constructions of US Constitutional provisions

adopted in 1987 Constitution
Provisions
on
police
power, eminent domain, taxation, and the Bill
of Rights in the 1987 Constitution, as wella s
the 1935 and 1973 Constitutions were taken
from or patterned after the US Constitution.
It is settled that in
construing constitutional provisions adopted or
copied in the 1987 Constitution, it is proper for
the courts to take into consideration the
construction of provisions by the courts of the
country from which they are taken.
Philippine courts have

cited or quoted US Supreme Court decisions in
deciding constitutional isssues arising from
provisions similar to or taken from that of the
US

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changes in the fundamental law to meet

mounting problems of the country

11.01 Constitution defined.

! To ascertain the intent or purpose of the

11.02 Origin and History of the Philippine

How 1935 Constitution came about?

1973 Constitution adopted in response

plain, clear and unambiguous language

11.06 Aids to construction, generally

Apart from the language of the

11.07 Realities existing at time of adoption;

History holds the key that unlocks the

If the language of the constitutional

departments may be resorted to resolve,

and changes in phraseology (ex.

HOWEVER mere deletion,

Certain provisions in our

the phrase" no person

11.10 PREVIOUS LAWS AND JUDICIAL

A constitution shall be held to be

Consequences of alternative constructions

consequences that may

if a provision has more

date of submission for decision of

and is laying down rules which for the

failure of the legislature to

Constitution construed as a whole

provision should not be

sections in the constitution

Tolentino v. Secretary of Finance

Sec 20 of Article IV of the

VAT Law, passage of bill

involved are article 6 Sec.

Court held that this

Sec. 1(3) Art. 4 of the

Applicability of rules of statutory construction

penalty does not render such provision

Issue: whether or not the

Manila Prince Hotel v. GSIS

Generally, constitutional provisions are selfexecuting

Issue: w/n in the sale at

Three maxims employed as aids to construe

A. Verba Legis - the words used in the

Just because legislation

C. Ut Magis Valeat Quam Pereat - The

Civil Liberties Union v. Executive

Civil Liberties Union v. Executive

In other words, the

Constructions of US Constitutional provisions

Philippine courts have

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