CONSTITUTIONAL LAW I

Atty. Larry Gacayan

1.

Define Political Law

It is that branch of public law which deals with the organization and operations of
the governmental organs of the State and defines the relations of the State with the
inhabitants of its territory. (PEOPLE VS. PERFECTO, 43 Phil. 887)

2.

What are included in Political Law?

Constitutional Law;
Administrative Law
Law of Public Officers
Law on Public Corporation
Election Law

3. What is the doctrine of constitutional supremacy?

Under the doctrine of constitutional supremacy, 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.

4. What are the requisites for the exercise of peoples initiative to amend the
Constitution?
It is provided under Section 2, Art. XVII of the Constitution which provides that
Amendments to this Constitution may likewise be directly proposed by the people
through initiative upon a petition of at least 12% of the total number of registered
voters, of which every legislative district must be represented by at least 3% of the
registered voter therein. The Congress shall provide for the implementation of the
exercise of this right.

5. Is there a law which would provide for the mechanism for the people to propose
amendments to the Constitution by peoples initiative?

While Congress had enacted RA 6735 purportedly to provide the mechanisms

for the peoples exercise the power to amend the Constitution by peoples initiative,
the Supreme Court in MIRIAM DEFENSOR-SANTIAGO, et al. Vs. COMELEC, G.R. No.
127325, March 19, 1997 & June 10, 1997, the Supreme Court held that RA 6735 is
incomplete, inadequate or wanting in essential terms and conditions insofar as
initiative on amendments to the Constitution is concerned. Its lacunae on this
substantive matter are fatal and cannot be cured by empowering the COMELEC to
promulgate such rules and regulations as may be necessary to carry the purposes
of this act.
In LAMBINO VS. COMELEC, however, the Supreme Court on November 21, 2006, in
the Minute Resolution of the petitioners Motion for Reconsideration held that RA No.
6735 is adequate and complete for the purpose of proposing amendments to the
Constitution through peoples initiative by a vote of 10 members as per Certification
of the En Bancs Clerk of Court.
5-a. May the question Do you approve the amendment of Articles VI and VII of the
1987 Philippine Constitution changing the form of government from PresidentialBicameral to Parliamentary-Unicameral be allowed to be submitted to the people
for their ratification or rejection as a means of amending the Constitution by
peoples initiative if the requisite number of signatories (12% nationwide and at
least 3% for every legislative district) are met?
No for two (2) reasons.
1. The said proposal did not indicate which provisions of Articles VI and VII are
actually being amended which is a must under Section 2, Art. XVII. Otherwise, who
shall make the amendments if the people in a plebiscite approve the same;
2. Changing the form of government from presidential to parliamentary is an act of
REVISING the Constitution which is not allowed under Art. XVII, Section 2. Peoples
initiative may only be allowed to propose amendments to the Constitution, not
revision.
6. What are the requisites before an amendment to the Constitution by peoples
initiative is sufficient in form and in substance?
In the case of RAUL L. LAMBINO and ERICO B. AUMENTADO , together with
6,327,952 registered voters vs. THE COMMISSION ON ELECTIONS, G.R. No. 174153,
October 25, 2006, 505 SCRA 160, the following requisites must be present:

1.
The people must author and must sign the entire proposal. No agent or
representative can sign for and on their behalf;

2.
As an initiative upon a petition, THE PROPOSAL MUST BE EMBODIED IN A
PETITION.

These essential elements are present only if the full text of the proposed
amendments is first shown to the people who will express their assent by signing
such complete proposal in a petition. Thus, an amendment is DIRECTLY PROPOSED
BY THE PEOPLE THROUGH INITIATIVE UPON A PETIITON ONLY IF THE PEOPLE SIGN
ON A PETITION THAT OCNTAINS THE FULL TEXT OF THE PROPOSED AMENDMENTS.
7. Distinguish Revision from amendment of the Constitution.
Revision is the alterations of the different portions of the entire document
[Constitution]. It may result in the rewriting whether the whole constitution, or the
greater portion of it, or perhaps some of its important provisions. But whatever
results the revision may produce, the factor that characterizes it as an act of
revision is the original intention and plan authorized to be carried out. That intention
and plan must contemplate a consideration of all the provisions of the Constitution
to determine which one should be altered or suppressed or whether the whole
document should be replaced with an entirely new one
Amendment of the Constitution, on the other hand, envisages a change or only a
few specific provisions. The intention of an act to amend is not to consider the
advisability of changing the entire constitution or of considering that possibility. The
intention rather is to improve specific parts of the existing constitution or to add to
it provisions deemed essential on account of changed conditions or to suppress
portions of it that seem obsolete, or dangerous, or misleading in their effect.
(SINCO, Vicente, PHILIPPINE POLITICAL LAW)
8. May Congress propose amendments to the Constitution while at the same time
calling for a Constitutional Convention to amend the Constitution?
Yes, there is no prohibition for Congress to propose amendments to the
Constitution and at the same time call for the convening of a Constitutional
Convention to amend the Constitution. The word or in the provision Congress,
upon a vote of of all its members; OR [2] A constitutional Convention under
Section 1, Art. XVII also means AND. (GONZALES VS. COMELEC, 21 SCRA 774)
9. What is the Doctrine of Proper Submission in connection with proposed
amendments to the Constitution?

Doctrine of Proper Submission means all the proposed amendments to the

Constitution shall be presented to the people for the ratification or rejection at the
same time, not piecemeal. (TOLENTINO VS. COMELEC, 41 SCRA 702)
10. What is the archipelagic doctrine or archipelago theory?
It is the 2nd sentence of Section 1, Art. I of the Constitution which states that
thewaters around, between and connecting the islands of the archipelago,
regardless of their breadth and dimensions, form part of the internal waters of the
Philippines.