MODULE 17 CONSTITUTIONAL LAW
deliberation, its meaning is not likely to be drawn into
 CONSTITUTIONAL LAW DEFINED. –
 It is that branch of law which treats of the nature of
constitutions, their establishments, construction and
interpretation, and of the validity of legal enactment
as tested by the criterion of their conformity to the
fundamental law.
 Constitutional law lays down the general plan of
governmental organization, treats of the relations of the
government with the individuals, and puts stress on individual
rights.
 CONSTITUTION DEFINED. –
 It is that body of rules and maxims in accordance with
which the powers of sovereignty1 are habitually
exercised. (Cooley, Constitutional Limitations, p. 4)
 The Constitution of the Philippines may be defined as
that written instrument by which the fundamental powers of
the government are established, limited, and defined, and by
which these powers are distributed among the several
departments for their safe and useful exercise for the benefit
of the body politic. (Malcolm and Laurel, Philippine
Constitutional Law, p. 6)
 The Constitution, aside from being an allocation of
power is also a social contract whereby the people have
surrendered their sovereign powers to the State for the
common good. Hence, lest the officers of the Government
exercising the powers delegated by the people forget and the
servants of the people become rulers, the Constitution
reminds everyone that sovereignty resides in the people and
all government authority emanates from them. (Marcos vs.
Manglapus, G.R. No. 88211, September 15, 1989, 177 SCRA
668.)
 Kinds of Constitutions –
 Written constitution – that whose provisions are
reduced into a formal instrument and ratified by the body
politic under certain formalities prescribed by law; and
 Unwritten constitution –
 that whose provisions are not reduced into writing
and is not confined in one single instrument, but
whose tenets, principles and concepts are
interspersed in various statutes, norms, customs,
judicial decisions and even established practice.
 Advantages and disadvantages of written and
unwritten constitutions –
 The chief advantage of the written constitution lies in
its stability and definiteness.
1 Sovereignty is the supreme power of the state to command and enforce
obedience, the power to which, legally speaking, all interests are practically subject,
and all wills subordinate.
 Having been framed with care and after much
question.
 It cannot be easily “bent and twisted by the courts”
and is, therefore, a more effective guarantee of the
rights of the citizens.
 Its weakness is found in its rigidity.
 The difficulty of amendment retards desirable
changes in the interest of progress, and in this way
may even lead to a revolution when no other means
remains by which it can be altered or abrogated.
 On the other hand, while the unwritten constitution
has the advantage of flexibility and elasticity and of
being the correct expression of the progressive and
changing necessities of the state, it also has a serious
drawback – that is, it is subject to perpetual change.
 BASIC PRINCIPLES OF THE CONSTITUTION. –
(A) The Constitution is the supreme law of the land:
 A constitution is a legislation direct from the people
acting in their sovereign capacity; hence, it is more superior to
an ordinary law or statute which is merely a legislation from
the people’s representatives, subject to limitations prescribed
by the Constitution.
 No man-made law, therefore, can prevail as against
the Constitution.
(B) Being the supreme law of the land, it is the symbol
and monument of the people’s will:
 As such it should be submitted for ratification of
the people following the principle that “x x x sovereignty
resides in the people and all government authority emanates
from them.” (Sec. 1, Art. II, 1973 and 1987 Constitutions)
(C) The Constitution outlines the infrastructure of the
government:
 It is through the Constitution that the
fundamental powers of the government are established,
limited and defined, and by which those powers are
distributed among the several departments of the government
for their safe and useful exercise, and for the benefit of the
body politic.
(D) The Constitution must be obeyed by all:
 It governs the poor and the rich, the governed
and the governors, the mighty and the weak, regardless of the
color of one’s skin, his religion or his political persuasion.
(E) The courts are the ultimate guardians of the
Constitution:
  It is the court that implements the laws
prescribed in the Constitution which would certainly give the
people whatever is just and fair as the case may be.
 INTERPRETATION OF THE CONSTITUTION. –
 There are three well-settled principles of
constitutional construction:
(a) Verba legis –
 Whenever possible, the words used in the
Constitution must be given their ordinary meaning,
except with regard to technical terms.
(b) Ratio legis at anima –
 Where there is ambiguity, the words of the
Constitution should be interpreted in accord with the
intent of the framers.
(c) Ut magis valeat quam pereat –
 The Constitution has to be interpreted as a whole.
 If there is doubt, the provisions of the
Constitution should be considered as self-executing,
mandatory rather than directory, and prospective rather than
retroactive.
 BRIEF HISTORY OF THE PHILIPPINE CONSTITUTION –
 The Philippines had had a total of six constitutions since
the Proclamation of Independence on 12 June 1898.
 Malolos Constitution –
 In 1899, the Malolos Constitution, the first Philippine
Constitution – the first republican constitution in Asia
– was drafted and adopted by the First Philippine
Republic, which lasted from 1899 to 1901.
 Philippine Organic Act of 1902 and the Philippine
Autonomy Act of 1916 –
 During the American Occupation, the Philippines was
governed by the laws of the United States of America.
 Organic Acts were passed by the United States
Congress for the administration of the Government of
the Philippine Islands.
 The first was the Philippine Organic Act of 1902, which
provided for a Philippine Assembly composed of
Filipino citizens.
 The second was the Philippine Autonomy Act of 1916,
which included the first pledge of Philippine
independence.
 These laws served as constitutions of the Philippines
from 1902 to 1935.
 The 1935 Philippine Constitution
 In 1934, The United States Congress passed the
Philippine Independence Act, which set the
parameters for the creation of a constitution for the
Philippines.
 The Act mandated the Philippine Legislature to call for
an election of delegates to a Constitutional
Convention to draft a Constitution for the Philippines.
The 1934 Constitutional Convention finished its work
on February 8, 1935.
 The Constitution was submitted to the President of
the United States for certification on March 25, 1935.
 It was in accordance with the Philippine Independent
Act of 1934.
 The 1935 Constitution was ratified by the Filipino
people through a national plebiscite, on May 14,
1935, and came into full force and effect on
November 15, 1935 with the inauguration of the
Commonwealth of the Philippines.
 Among its provisions was that it would remain the
constitution of the Philippines once independence
was granted on July 4, 1946.
 In 1940, the 1935 Constitution was
amended by the National Assembly of the Philippines. The
legislature was changed from a unicameral assembly to a
bicameral congress. The amendment also changed the term
limit of the President of the Philippines from six years with no
reelection to four years with a possibility of being reelected for
a second term.
 The 1943 Philippine Constitution –
 During World War II, the Japanese-sponsored
government nullified the 1935 Constitution and
appointed Preparatory Committee on Philippine
Independence to replace it.
 The 1943 Constitution was used by the Second
Republic with Jose P. Laurel as President.
 Upon the liberation of the Philippines in
1945, the 1935 Constitution came back into effect. The
Constitution remained unaltered until 1947 when the
Philippine Congress called for its amendment through
Commonwealth Act No. 733. On March 11, 1947, the Parity
amendment gave United States citizens equal rights with
Filipino citizens to develop natural resources in the country
and operate public utilities. The Constitution, thereafter,
remained the same until the declaration of Martial Law on
September 23, 1972.
 The 1973 Philippine Constitution –
 Before President Marcos declared Martial Law, a
Constitutional Convention was already in the process
of deliberating on amending or revising the 1935
Constitution.
 They finished their work and submitted it to President
Marcos on December 1, 1972. President Marcos
submitted it for ratification in early of January 1973.
Foreseeing that a direct ratification of the
constitution was bound to fail, Marcos issued
Presidential Decree No. 86, s. 1972, creating citizens
assemblies to ratify the newly drafted constitution by
means of a Viva Voce vote in place of secret ballots.
 Marcos announced that it had been ratified and in full
force and effect on January 17, 1973. Although the
 1973 Constitution had been “ratified” in this manner,
opposition against it continued.
 Chief Justice Roberto V. Concepcion in his dissenting
opinion in the case of Javellana vs. Executive
Secretary, exposed the fraud that happened during
the citizen’s assembly ratification of the 1973
Constitution on January 10-15, 1973.
 However, the final decision of this case was that the
ratification of the 1973 Constitution was valid and
was in force.
 The 1987 Philippine Constitution –
 When democrary was restored in 1986, President
Corazon C. Aquino issued Proclamation No. 3,
suspending certain provisions of the 1973
Constitution and promulgating in its stead a transitory
constitution.
 A month later, President Aquino issued Proclamation
No. 9, s. 1986, which created a Constitutional
Commission tasked with writing a new charter to
replace the 1973 Constitution.
 The commission finished its work at 12:28 a.m. of
October 16, 1986. National Plebiscite was held on
February 2, 1987, ratifying the new constitution. On
February 11, 1987, by virtue of Proclamation No. 58,
President Aquino announced the official canvassing
of results and the ratification of the draft constitution.
 The 1987 constitution finally came into full force and
effect that same day with the President, other civilian
officials, and members of the Armed Forces swearing
allegiance to the new charter.
 FUNDAMENTAL OR INHERENT POWERS OF THE STATE –
(A) POLICE POWER –
 It is the sovereign power to promote and protect
the general welfare.
 It is the “most pervasive and the least limitable of
the three powers of the State (Ynot vs.
Intermediate Court of Appeals, 148 SCRA 659),
the most essential, consistent and illimitable
which enables the State to prohibit all hurtful
things to the comfort, safety, and welfare of
society.”
 It is also referred to as the law of overwhelming
necessity.
(B) POWER OF EMINENT DOMAIN –
 It is an inherent power of the State that enables
it to forcibly acquire private property, which is
intended for public use, upon the payment of just
compensation to the owner.
(C) POWER OF TAXATION –
 It is the inherent power of the State to raise
revenues to defray the expenses of government
or for any public purpose.
 This can be done through the imposition of the
burdens or imposition on persons, properties,
services, or occupations or transactions.
 Similarities of the three inherent powers of the state:
 Interference –
 They are the three methods by which the State
interferes with private rights.
 Inherent –
 They are inherent in the State and they may be
exercised by the State without the need of express
constitutional grant.
 Indispensable and indestructible –
 They are not only necessary, but also indispensable
and indestructible as the State itself.
 Equivalent compensation –
 They presuppose equivalent compensation
 Legislative in character –
 They are exercised primarily by the legislature.
 The three inherent powers differ in the following:
 AS TO NATURE OF COMPENSATION –
 In Police Power – The compensation of the person
subjected to police power is the intangible altruistic
feeling that he has contributed to the general welfare.
 In Eminent Domain – There is full and just
compensation for the property taken.
 In Taxation – There is corresponding protection and
public improvement for the taxes paid.
 AS TO NATURE OF PROPERTY –
 In Police Power – Police power involves destruction and
confiscation of property which are noxious.
 In Eminent Domain and Taxation – The property is
taken for public use.
 AS TO HOW THE POWER IS EXERCISED
 In Police Power and Taxation – They are inherently
exercisable only by the government.
 In Eminent Domain – It may be exercised by private
entities upon valid delegation.
 AS TO WHAT IS REGULATED –
 In Police Power – It regulates liberty and property.
 In Eminent Domain and Taxation – They are addressed
to private rights only.
 THE THREE BRANCHES OF GOVERNMENT –
 The Constitution basically sets out the different
governmental powers of the state among the three
equal and coordinate branches of the government –
the executive, the legislative, and the judiciary.
(A) THE EXECUTIVE DEPARTMENT –
 The Executive Department is the branch of
government tasked with the duty of enforcing the
law.
 Symbolically deemed as wielding the sword, it is the
most active branch of government dealing directly
with the affairs of the people.
 The Constitution vests executive powers on the
President of the Philippines and has control and
supervision on all executive offices.
(B) THE LEGISLATIVE DEPARTMENT –
 By Constitutional mandate, the lawmaking power
is vested in the Legislative Department, to wit:
“The legislative power shall be vested
in the Congress of the Philippines which shall
consist of a Senate and a House of
Representatives, except to the extent
reserved to the people by the provision on
the initiative and referendum.” (Section 1,
Article VI, 1987 Constitution.)
 The Philippine Congress –
 The Philippine Congress is composed of two
chambers – the Senate and the House of
Representatives.
 A Senate President heads the Senate, while a
Speaker of the House leads the House of
Representatives.
 This branch of government is symbolically
depicted as holding the purse of the government
since the annual appropriations is approved by
this body.
 The Philippine Senate –
 The Senate is essentially mandated with lawmaking
since its constitutional role and duty to make laws are
derived from the people through popular
representation.
 The Senate is traditionally deemed concerned with
the national sentiment rather than the regional and
local interests and demands of various localities. It
therefore plays a strategic role in the country’s
growth and development by pushing national
programs or legislative agenda that addresses the
country’s national concerns such as national
development in terms of foreign policy, economy,
peace and order, anti-terrorism, education, health,
and social welfare.
 While actions of the Lower House is generally based
on the concerns of their respective constituencies,
the Senators, who derive their mandate from a
plurality of the nation’s voting population, are
focused on positions that deal with national
importance.
 In aid of legislation –
 The Senate is not only confined to lawmaking.
 The Constitution vested in the Senate the power
to undertake legislative inquiries.
“The Senate or the House of
Representatives or any of its respective
committees may conduct inquiries in aid of
legislation in accordance with its duly
published rules of procedure. The right of
persons appearing in, or affected by, such
inquiries shall be respected. (Section 21,
Article VI, 1987 Constitution)
It should be noted that the power of legislative
investigation may be implied from the express power of
legislation and need not be expressly granted.
(C) THE JUDICIARY –
 Neither wielding the sword nor purse is the
Judiciary.
 This branch of government is given the enormous
task of interpreting and applying the law in actual
controversies.
 The Supreme Court, headed by a Chief Justice, is
the highest court of the land and its judicial
pronouncements form part of the laws of the
land.
 The power of judicial review –
 Under Article VIII of the Constitution,
the Supreme Court shall have the
following powers:
“1. Exercise original jurisdiction over
cases affecting ambassadors, other public
ministers and consuls, and over petitions for
certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.
“2. Review, revise, modify, or affirm
on appeal or certiorari, as the law or the
Rules of Court may provide, final judgments
and orders of lower courts in:
(a) All cases in which the
constitutionality or validity of any treaty,
international or executive agreement, law,
presidential decree, proclamation, order,
instruction, ordinance, ordinance, or
regulation is in question.
(b) All cases involving the
legality of any tax, impost, assessment, or
toll, or any penalty imposed in relation
thereto.
(c) All cases in which the
jurisdiction of any lower court is in issue.
(d) All criminal cases in which
the penalty imposed is reclusion perpetua or
higher.
(e) All cases in which only an
error or question of law is involved.”
xxx xxx
xxx
 Moreover, the Supreme Court shall have the
administrative supervision over all courts and the personnel
thereof.
 SOME BASIC CONCEPTS IN CONSTITUTIONAL LAW –
 STATE IMMUNITY FROM SUIT –
 State immunity is a legal doctrine by which the State
or sovereign cannot commit a legal wrong and is
immune from civil or criminal prosecution.
 The State is the source of the authority which creates
the courts.
 Thus, the courts have no power to compel the State
to be bound by its decisions, as said courts were
created by the State for the protection of its subjects.
 There can be no legal right against the authority
which makes the law on which the right depends. This
doctrine is also known as “Royal Prerogative of
Dishonesty.”
 There are two (2) kinds of consent: (1) express
consent can be given only through an act of Congress, in a
general or special law An example of a general law granting
consent is Commonwealth Act No. 327, as amended by
Presidential Decree No 1445, which requires that all money
claims against the government must first be filed with the
Commission on Audit (COA) before suit is instituted in court;
(2) implied consent happens when the State commences
litigation or enters into a business contract with an individual.
The State in effect, descends to the level of said individual and
thus, opens itself to counter suits.
 IMPEACHMENT –
 Impeachment is a fundamental Constitutional power
belonging to Congress.
 It is an extraordinary process of removal exercised by
the legislature over a selected number of officials.
 This safeguard against corruption aims to remove
persons holding government positions of high
authority, prestige, and dignity, with definite tenure;
for causes closely related to their misconduct as
public officials.
 Impeachable Officers –
a. President
b. Vice-President
c. Members of the Supreme Court
d. Members of the Constitutional Commissions
e. Ombudsman
 Grounds for Impeachment –
a. Culpable violation of the Constitution
b. Treason
c. Bribery, graft and corruption
d. Other high crimes, or betrayal of public trust
(Section 2, Article XI, 1987 Constitution)
 SYSTEM OF CHECKS AND BALANCES
 As a logical offshoot of the principle of separation of
powers, the system of checks and balances provide
that the awesome powers of government – executive
power, legislative power and the power of judicial
review – are reposed in the three co-equal and co-
ordinate branches.
 The system of checks and balances in our government
is designed to avert excesses in the wielding of
government authority in each of the different
branches of government.
With this system in place, there is less opportunity for
abuse of power and mechanisms are in place in order to enable
each department to check on one another.
 Illustrative examples:
 The President may veto a law passed by Congress,
which in turn, can overturn the veto if it has the
numbers.
 Certain executive and judicial officials may be
impeached by Congress for acts that are listed in
the Constitution.
 A law enacted by Congress and an order of the
President may be questioned in and reviewed by
the Supreme Court.
 QUASI-JUDICIAL POWER –
 Quasi-judicial power refers to the power of an
administrative agency to resolve conflicts
involving factual issues.
 Such exercise should be within the parameters
prescribed in the law granting such quasi-judicial
powers and always in harmony with the
legislative intent of policy the law was created
for.
 QUASI-LEGISLATIVE POWER –
 Quasi-legislative power, on the other hand, is the
power granted to administrative agencies to
promulgate rules and regulations relative to law and
is also referred to as he rule-making power and
authority of an administrative body.
 Sometimes called subordinate legislation, the
administrative agencies fill in the gaps or details that
are left out by the law granting such power.
 Good examples are Implementing Rules and
Regulations (IRR) and circulars implementing the law.