I.

Constitution

A. Definition
1. Constitution: According to Cooley, is “that body of rules and maxims in
accordance with which powers of sovereignty are habitually exercised.
2. Constitution in the Philippines, in particular: According to Justice Malcolm, the “ 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

B. Nature and Characteristics

Constitutional Law is the study of the maintenance of the proper balance
between authority as represented by the three inherent powers of the State and liberty as
guaranteed by the Bill of Rights.
The 1987 Constitution consists of eighteen articles and is excessively long compared
to the previous Constitutions. The revival of the bicameral Congress and strict presidential
system is observed. The independence of the judiciary has been strengthened and an increase
in authority now covers political questions formerly beyond its jurisdiction.
The Bill of Rights of the Commonwealth and Marcos regime has considerably
improved.

1. 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. (Manila Hotel v GSIS)
The Constitution is the basic and paramount law to which all other laws must conform
and to which all person, including the highest officials of the land, must defer.
No act shall be valid, however noble its intentions, if it conflicts with the Constitution.

C. Purpose: To prescribe the permanent framework of a system of government, to assign to

the several departments their respective powers and duties, and to establish
certain first principles on which government is founded.

D. Classification
 Written – is one whose precepts are embodied in one document or set of documents
 Unwritten – c o n s i s t s o f r u l e s w h i c h h a v e n o t b e e n i n t e g r a t e d i n t o a
single, concrete from but are scattered in various sources, such as statutes of a
fundamental character, judicial decisions, commentaries of publicists, customs and
traditions, and certain common law principles.
 Conventional - i s a n e n a c t e d c o n s t i t u t i o n , f o r m a l l y “ s t r u c k o f f ” a t a
definite time and place following a conscious or deliberate effort taken by a
constitution body or ruler
 Cumulative – the result of political evolution, “not inaugurated at any specific time
but changing by accretion rather than by any systematic method
 Rigid – is one that can be amended only by a formal and usually difficult process
 Flexible – is one that can be changed by ordinary legislation
Note: The Constitution of the Philippines is written, conventional and rigid.
E. Qualities of a good written Constitution: broad, brief and clear
A good written constitution must be broad, brief and definite. It must be broad not
only because it provides for the organization of the entire government and covers all persons
and things within the territory of the State but more so because it is supposed to embody the
past, to reflect the present and to anticipate the future.
The Constitution must be comprehensive enough to provide for every
contingency. It has been said that the constitution is “not only the imprisonment of the
past but the unfolding of the future,” to which it may be added that it is also the fulfillment
of the present. It must be brief and confine itself to basic principles to be implemented with
legislative details more adjustable to change and easier to amend.
It must be clear or definite lest ambiguity in its provisions result
i n c o n f u s i o n a n d divisiveness among the people and perhaps even physical conflict. The
exception is found only in those cases where the rules are deliberately worded in vague
manner, like the due process clause, to make them more malleable to judicial
interpretation in the light of new conditions and circumstances.

F. Parts
1. The constitution of liberty – consists of a series of getting forth the
fundamental civil and political rights of the citizens imposing limitations on the
powers of government as a means of securing the enjoyment of those rights.
2. The constitution of the government – consists of a series of provisions outlining the
organization of the government, enumerating its powers, laying down certain rules relative
to its administration and defining the electorate.
3. The constitution of sovereignty – consists of the provisions pointing out the
mode or procedure in accordance with which formal changes in the fundamental
law may be brought about

G. Amendments and revisions

Revision broadly implies a change that alters a basic principle in the constitution, like
altering the principle of separation of powers or the system of checks-and-balances. There is
also revision if the change alters the substantial entirety of the constitution, as when the
change affects substantial provisions of the constitution. On the other hand, amendment
broadly refers to a change that adds, reduces, or deletes without altering the basic principle
involved. Revision generally affects several provisions of the constitution, while amendment
generally affects only the specific provision being amended. (Lambino v COMELEC)

H. Procedure in amending the 1987 Constitution

Art. XVII, Sec. 1: Any amendment to, or revision of, this Constitution may be proposed by:
1. The Congress, upon a vote of three-fourths of all its members
2. A constitutional convention – 2/3 vote or majority of the Congress
Art. XVII, Sec. 2: 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
voters therein.
I. Self-executing and non-self-executing provisions
A constitutional provision is self-executing if the nature and extent of the right
conferred and the liability imposed are fixed by the Constitution itself, so that they can be
determined by an examination and construction of its terms, and there is no language
indicating that the subject is referred to the legislature for action.
A constitutional provision is not self-executing where it merely announces a policy
and its language empowers the legislature to prescribe the means by which the policy shall
be carried into effect.

J. Interpreting and Constructing the Constitution

Constructing is the drawing of conclusions with respect to subjects that are beyond
the direct expression of the text while interpretation is the process of discovering the true
meaning of the language used.

K. State
1.Definition: A state is a community of persons, more or less numerous, permanently
occupying a fixed territory, and possessed of an independent government organized for
political ends to which the great body of inhabitants render habitual obedience.
As per Hackworth nation indicates a relation of birth or origin and implies a common
race, usually characterized by community of language and customs. The State is a legal
concept while the nation is only a racial or ethnic concept. Whilst Malcolm sees the nation as
a people bound together by common attractions and repulsions into a living organism
possessed of a common pulse, a common intelligence, and destined apparently to have a
common history and common fate.

2. Elements
 People – refers simply to the inhabitants of the State
 Territory – fixed portion of the surface of the Earth inhabited by the people of the
State.
o Territorial domain – land, mass
o Maritime and fluvial domain – inland and external waters
o Aerial domain – airspace above the land and water
Note: Art. I of the 1987 Constitution
 Government – agency or instrumentality though which the will of the State is
formulated, expressed and realized.
o Constituent functions – very binds of the society and considered compulsory
o Ministrant functions – undertaken to advance the general interests of the
society
 Sovereignty – supreme and uncontrollable power inherent in a State by which that
State is governed.
o Legal – authority which has the power to issue final commands
o Political – power behind the legal sovereign or the sum of the influences that
operate upon it
o Internal – power to control its domestic affairs
o External – power to direct its relations with other States aka independence

L. the Inherent Powers of the State

1. Definition:
  Police Power – fundamental right of a State to enact laws or regulations for promoting
the common good of the people in relation to the right and enjoyment of persons to life
and property. This legislation comes in the form of ordinance, statutes and other
related laws.
 The Power of Eminent Domain - power of the State to acquire, confiscate or take
private properties for public use upon payment of just compensation.
 The Power of Taxation – power of the State to levy or impose charges upon persons,
property, occupation, and others as may be defined by law in order to defray the
expenses of the government and to enable it to fully discharge its functions.
Note: Osmena v Orbos decides that “Taxing power of the State may be used as an
implement of the police power i.e., police power may use the taxing power of the State to
attain its purpose and objectives.
2. Similarities
 They are inherent in the State and maybe exercised by it without need of express
constitutional grant.
 They are not only necessary but indispensable. The State cannot continue or be
effective unless it is able to exercise them.
 They are methods by which the State interferes with private rights.
 They all presuppose an equivalent compensation for the private rights interfered with.
 They are exercised primarily by the legislature.
3. Distinctions
 The police power regulates both liberty and property; the power of eminent domain
and the power of taxation affect only property rights.
 The police power and power of taxation may be exercised only by the government; the
power of eminent domain is exercised by the private entities.
 The property taken in the police power is destroyed because it is intended for noxious
purpose; the property taken under the power of eminent domain and the power of
taxation is intended for public use.
 The compensation of the person subjected to police power is the intangible altruistic
feeling that he has contributed to the general welfare; the compensation involved in
other powers are more concrete: a full and fair equivalent to the property expropriated
(power of eminent domain) or protection and public improvements for the taxes paid
(power of taxation).
4. Limitations
 Police Power
o Lawful Subject – the interests of public in general, as distinguished from those
of a particular class, require the exercise of the power
o Lawful Means – the means employed are reasonably necessary for the
accomplishment of the purpose and not unduly oppressive on individuals
o When exercised by a delegate,
 Express grant by law
 Within territorial limits – for LGUs except when exercised to protect
water supply
 Must not be contrary to the law
 Eminent Domain – the requisites of the exercise of the power of eminent domain are:
o There must be a necessity to acquire a private property.
o The acquired private property shall be strictly and exclusively used for public
interest and service.
 Taxation
o Inherent limitations:
 Taxes are levied only for public use and purposes.
 Taxation is inherently the power of the State and cannot be delegated
to any private individual.
 Taxes can also be imposed within the territory of the State.
 Reasonable exemption for the church and the government, and
 Any sovereign State by reason of international comity is not a subject
of this power of taxation
o Constitutional limitations:
 Due process must be observed that tax must not be confiscatory
 Taxes must be based on progressive taxation system and must be
uniformed.
 No taxes can impair contracts.
 Taxes should not extend in the exercise of religious freedom.
 Tax rules, mechanisms, and measures must be possessed by the House
of Representatives, where they must originate, and
 Taxes should not violate the rule on the non-imprisonment on failure or
refusal to pay residence or community tax.