What is Political Law?

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It is that branch of public law which deals
with the organization and operations of the
governmental organs of the State and
defines its relations with the inhabitants of
the territory. (People v. Perfecto, G.R. No.
L-18463, Oct. 4, 1922)

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What is the Constitution?

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The Constitution is the basic and paramount
law to which all other laws must conform
and to which all persons, including the
highest officials, must defer. (Cruz,
Constitutional Law, 1998 ed., p. 4)

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What is the scope of political law?

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1. Political law
2. Constitutional law
3. Administrative law
4. Law on municipal corporations
5. Law on public officers
6. Election laws
7. Public international law

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How is the Philippine Constitution
classified?

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It is classified as written, enacted and rigid.
(Art. XVII, 1987 Constitution)

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When did the Philippine Constitution
take effect?

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It took effect on February 2, 1987, which
was the date of the plebiscite. (De Leon v.
Esguerra, G.R. No. L-78059, Aug. 31, 1987)

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How should the Philippine Constitution
be interpreted?

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1. Verba legis – whenever possible, the
words in the Constitution must be given
their ordinary meaning except where
technical terms are employed.

2. Ratio legis et anima – where there is

ambiguity, the words of the Constitution
should be interpreted in accordance with
the intent of the framers.

3. Ut magis valeat quam pereat – the

Constitution has to be interpreted as a
whole (Francisco v. HR, G.R. No.
160261, Nov. 10, 2003)

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In case of doubt, how should the
Constitution be construed?

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The provisions should be considered self-
executing; mandatory rather than directory;
and prospective rather than retroactive.
(Nachura, Reviewer in Political Law, 2005
ed., p. 3)

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What is the doctrine of Constitutional
Supremacy?

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Under this doctrine, 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. (Manila
Prince Hotel. V. GSIS, G.R. No. 122156,
Feb. 3, 1997)

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Is the People Power recognized in the
Constitution?

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“People power” is recognized in the
Constitution:
1. Article III, Section 4 guarantees the
right of people peaceable to assemble
and petition the government for
redress of grievances.
2. Article VI, Section 32 requires
Congress to pass a law allowing the
people to directly propose or reject
any act or law or part of it passed by
congress or a local legislative body;
3. Article XIII, Section 16 provides that
the right of the people and their
organizations to participate in all
levels of social, political, and
economic decision making shall not
be abridged and that the State shall,
by law, facilitate the establishment of
adequate mechanisms;
4. Article XVII, Section 2 provides that
subject to the enactment of an
implementing law, the people may
directly propose amendments to the
Constitution through initiative.

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What are the three parts of a written
Constitution?

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1. Constitution of Sovereignty – this
refers to the provisions pointing out
the modes or procedure in
accordance with formal changes in the
Constitution may be made (Art. XVII,
Amendments or Revisions)

2. Constitution of Liberty – the series of

prescriptions setting forth the
fundamental civil and political rights of
the citizens and imposing limitations
on the power of the government as a
means of securing the enjoyment of
those rights (Art. III, Bill of Rights)

3. Constitution of Government – provides

for a structure and system of
government, enumerating its powers,
laying down certain rules relative to its
administration and defining the
electorate (Art. VI, Legislative Dep’t,
Art. VII, Exec. Dep’t, Art. VIII, Judicial
Dep’t, Art. IX, Consti. Commissions)

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Distinguish amendment from revision.

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Amendment:
Isolated or piecemeal change merely by
adding, deleting, or reducing without altering
the basic principle involved

Revision:
A revamp or rewriting of the whole
instrument altering the substantial entirety of
the Constitution

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How do you determine whether a
proposed change is an amendment or a
revision?

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1. Qualitative test – asks whether the
proposed change is so extensive in its
provisions as to change directly the
‘substantial entirety’ of the
Constitution by the deletion or
alteration of numerous existing
provisions affected and does not
consider the degree of the change.

2. Qualitative test – whether the change

will accomplish such far reaching
changes in the nature of our basic
governmental plan as to amount to a
revision (Lambino v. Comelec, G.R.
No. 174153, Oct. 25, 2006)

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How may the Constitution be amended
or revised?

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1. Proposal
a. By Congress upon a vote of ¾ of
all its members acting as
Constituent Assembly (ConAss)
Note: While the substance of the
proposals made by each type of
ConAss is not subject to judicial
review, the manner the proposals
are made is subject to judicial
review.
Since ConAss owes their existence
to the Constitution, the courts may
determine whether the assembly
has acted in accordance with the
Constitution.
b. By Constitutional Convention
(ConCon)
Note: Congress may call a
ConCon:
1. By a vote of 2/3 of all its
members; or

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 2. By a majority vote of all its
members, submit such
questions to the electorate.
If Congress, acting as a ConAss, calls
for a ConCon but does not provide
details for the calling of such ConCon,
Congress by exercising its ordinary
legislative power may supply such
details. But in so doing, the conress
(as legislature) should not transgress
the resolution of Congress acting as a
ConAss.
Note: The manner of calling a
ConCon is subject to judicial review
because the Constitution has provided
for voting requirements.
Note: Choice of which ConAss or ConCon
should initiate amendments and revisions is
left to the discretion of Congress. In other
words, it is a political question.
Congress, as a ConAss and the ConCon
has no power to appropriate money for their
expenses. Money may be spent from the

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treasury only pursuant to an appropriation
made by law.
c. By People’s Initiative upon a
petition of a t least 12% of the
total umber of registered voters,
of which every legislative district
must be represented by 3% of
the registered voters therein.

Note: The Constitution may be

amended not oftener than every
5 years through initiative.

Revisions cannot be done

through initiative.

2. Ratification – Amendments or
revisions to the Constitution should be
ratified by the majority in a plebiscite
which should be held not earlier than
60 days nor later than 90 days after
the approval of such amendment.

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What is the Doctrine of Proper
Submission?

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Plebiscite may be held on the same day as
regular election (Gonzales v. COMELEC,
G.R. No. L-28196, Nov. 9, 1967), provided
the people are sufficiently informed of the
amendments to be voted upon, to
conscientiously deliberate there on, to
express their will in a genuine manner.
Submission of piece-meal amendments is
unconstitutional. All amendments must be
submitted for ratification at one plebiscite
only. The people have to be given a proper
frame of reference in arriving at their
decision. (Tolentino v. COMELEC, G.R. No.
L-34150, Oct. 16, 1971)

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