Constitutional Law Review
customs and traditions.
Political Law – 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
Subdivisions of Political Law
1. Law on public administration
2. Constitutional Law
3. Administrative Law
4. Law of public corporations
Constitutional Law – it is the study of
the maintenance of the proper balance
between the authority as represented
by the three inherent powers of the
State and liberty as guaranteed by the
Bill of Rights.
Constitution defined.
-the body of rules and maxims in
accordance with which the powers of
sovereignty are habitually exercised.
-it is the document which serves
as the fundamental law of the state;
that written instrument enacted by the
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. (Malcolm)
-a law for the government,
safeguarding individual rights, set down
in writing.
Classification of Constitutions
1. Written v. unwritten
Written constitution is one whose
precepts are embodied in one document
or set of documents.
Unwritten constitution consist of rules
which have not been integrated into a
single, concrete form but are scattered
in various sources, such as statutes of
fundamental character, judicial
decisions, commentaries of publicists,
2. Enacted (conventional) v.
evolved (cumulative)
Conventional constitution is enacted,
formally struck off at a definite time and
place following a conscious or deliberate
effort taken by a constituent body or
ruler.
Cumulative constitution is the result of
political evolution, not inaugurated at
any specific time but changing by
accretion rather than by any systematic
method.
3. Rigid v. Flexible
Rigid constitution when it may not be
amended except through a special
process distinct from and more involved
than the method of changing ordinary
laws.
Flexible constitution when it may be
changed in the same manner and
through the same body that enacts
ordinary legislation.
Parts of the Constitution
(1) Constitution of Government –
establishes the structure of
government, its branches and
their operation.
(2) Constitution of Sovereignty –
provides how the Constitution
may be changed.
(3) Constitution of Liberty – states
the fundamental rights of the
people.
Philippine Constitution is written,
enacted and rigid
AMENDMENTS AND REVISIONS
Amendment is an addition or change
within the lines of the original
constitution as will effect an
improvement, or better carry out the
purpose for which it was framed; a
change that adds, reduces or deletes
without altering the basic principles
involved.
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Revision is a change that alters a basic on the part of any branch or

principle of separation of powers or the instrumentality of the government.
system of checks-and-balances; alters Requisites for Judicial Review
the substantial entirety of the 1. Actual case or controversy
constitution. 2. Locus Standi
3. Question raised at the earliest
Difference between AMENDMENT opportunity
and REVISION 4. Cause of action of the case (Lis
mota)
Revision generally affects several
provisions of the constitutions, while Effect of a Declaration of
amendment generally affects only the Unconstitutionality
specific provision being amended.
1. Orthodox view – An
Steps in the amendatory process unconstitutional act is not a law;
it confers no rights; it imposes no
1. Proposal – the adoption of the duties; it affords no protection; it
suggested change in the creates no office; it is inoperative,
Constitution. as if it had not been passed at all.
(a) Constitutional Assembly – a
vote of ¾ of all its members 2. Modern view – Certain legal
(b) Constitutional Convention – effects of the stature prior to its
(i) called into existence by declaration of unconstitutionality
2/3 of all members of may be recognized.
Congress or (ii) the
electorate, in a referendum Political Question – refers to matters
called for by a majority of to be exercised by the people in their
all members primary political capacity.
(c) People’s Initiative – petition
of at least 12% of the total - those specifically delegated to
number of registered some other department or particular
voters; every legislative office of the government, with
district must be represented discretionary power to act.
by at least 3% of the
registered voters therein. Guidelines for determining whether
a question is political or not
2. Ratification – the proposed
amendment shall be submitted to 1. There is a textually demonstrable
the people and shall be deemed constitutional commitment of the issue
ratified by the majority of the to a political department;
votes cast in the plebiscite, held 2. Lack of judicial discoverable and
not earlier than 60 days nor later manageable standards for resolving it;
than 90 days. 3. The impossibility of deciding without
an initial policy determination of a kind
Judicial Review – power of the courts to clearly for non-judicial discretion;
test the validity of executive and 4. The impossibility of a court’s
legislative acts in light of their undertaking independent resolution
conformity with the Constitution. without expressing lack of the respect
due coordinate branches of
Judicial Power – the duty of the courts government;
of justice to (1) settle actual 5. An unusual need for unquestioning
controversies involving rights which are adherence to a political decision already
legally demandable and enforceable, made;
and (2) determine whether or not there 6. Potentiality of embarrassment from
has been lack or excess of jurisdiction multifarious pronouncements by various
departments on one question.

Requisites of Judicial Inquiry
1. There must be an actual case or
controversy;
2. The question of constitutionality
must be raised by the proper
party;
3. The question of constitutionality
must be raised at the earliest
possible opportunity;
4. The decision of the constitutional
question must be necessary to
the determination of the case
itself.
Actual case or controversy involves a
conflict of legal rights, an assertion of
opposite legal claims susceptible of
judicial adjudication.
Property party is one who has
sustained or is in immediate danger of
sustaining an injury as a result of the
act complained of.
Inherent Powers of the State
Police power is the power of the State
to regulate liberty and property for the
promotion of the general welfare.
Power of eminent domain is the
power of the State to take private
property for public use upon payment of
just compensation.
Power of taxation is the inherent
power of the state to enforced
proportional contributions from persons
and property, levied by the State by
virtue of its sovereignty, for the support
of the government and for all public
needs.
Similarities
1. They are inherent in the State
and may be exercised by it
without need of express
constitutional grant.
2. They are not only necessary but
indispensable.
3. They are methods by which the
State interferes with private
rights.
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4. They all presuppose an equivalent
compensation for the private
rights interfered with.
Differences
1. The police power regulates both
liberty and property. The power of
eminent domain and power of
taxation affect only property
rights.
2. The police power and power of
taxation may only be exercised
only by the government.
3. The property taken in the exercise
of the police power is destroyed
because it is noxious or intended
for a noxious purpose. The
property taken under the power
of eminent domain and the power
of taxation is intended for public
use or purpose and is therefore
wholesome.
4. The compensation of the person
subjected to the police power is
the intangible altruistic feeling
that he has contributed to the
general welfare. The
compensation involved in the
other powers is more concrete, to
wit, a full and fair equivalent of
the property expropriated or
protection and public
improvements for the taxes paid.
Tests of the Police Power
1. Lawful subject
2. Lawful means
Life connotes the integrity of a person.
Liberty is the freedom to do right and
never wrong.
Property is anything that can come
under the right of ownership and be the
subject of contract.
Requirements of Equal Protection
1. It must be based upon substantial
distinctions.
2. It must be germane to the
purposes of the law.
3. It must not be limited to existing
conditions only.
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4. It must apply equally to
members of the class.
Requisites of a Valid Warrant
1. It must be based upon probable
cause.
2. The probable cause must be
determined personally by the
judge.
3. The determination must be made
after examination under oath or
affirmation of the complainant
and the witnesses he may
produce.
4. It must particularly describe the
place to be searched and persons
and things to be seized.
Probable cause such facts and
circumstances that would lead a
reasonably discreet and prudent man to
believe than an offense has been
committed and that the objects sought
in connection with the offense are in the
place sought to be searched.
all Clear and present danger rule refers
to speech that is not constitutionally
protected and poses an imminent and
material danger to the public or
government.
Dangerous Tendency Doctrine under
this test, a person could be punished for
his ideas even if they only tended to
create the evil sought to be prevented.
Balance of Interest Test – when a
particular conduct is regulated in the
interest of public order, and the
regulation results in an indirect,
conditional, partial abridgment of
speech, the duty of the courts is to
determine which of the two conflicting
interests demands the greater
protection under the particular
circumstances presented.

Liberty of Abode and Travel

Liberty includes the right to choose

one’s residence, to leave it whenever he
pleases, and to travel where he wills.

Religion any specific system of belief,

worship, conduct, etc., often involving a
code of ethics and a philosophy.

Religious Tests

The constitutional prohibition against

religious tests is aimed against
clandestine attempts on the part of the
government to prevent a person from
exercising his civil or political rights
because of his religious beliefs.

FREEDOM OF EXPRESSION
Tests of limitations of the Freedom of
Expression:
1. Clear and present danger rule
2. Dangerous tendency doctrine
3. Balancing test