JAN 6-8, 2020
CONSTITUTIONAL LAW
-it 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.
ROLE OF CONSTITUTIONAL LAW
- is to effect an equilibrium between authority
and liberty so that rights are exercised within
the framework of the law and the laws are
enacted with due deference to rights.
*Is there really equilibrium between
authority and liberty?
*for example, you’re already skilled in
riding a motorcycle but what stops
you from riding it?
-you need first to get a license
because the law orders it. You
-there’s still equilibrium because
that’s what the constitution aims for.
-recognition of authority is a
condition sine qua non (essential
condition) for the proper enjoyment
of liberty, with the common weal as
the criterion.
EQUILIBRIUM OF POWERS AND RIGHTS
STATE POWER AND THEIR CORRESPONDING
SAFEGUARDS IN THE BILL OF RIGHTS
due process and equal
 POLICE POWER
protection
ART III Sections
I,II,IV,X,XII-XXI
 EMINENT DOMAIN
 TAXATION
due process and equal protection
prohibition against unreasonable searches
and seizures
freedom of expression
the impairment clause
guaranties against injustice to the accused
CONSTITUTION
-is that body of rules and maxims in accordance
with which the powers of sovereignty are
habitually exercised. (COOLEY)
*WHO IS COOLEY?
- Thomas McIntyre Cooley was the
25th Justice and a Chief Justice of the
Michigan Supreme Court, between
1864 and 1885.
-He wrote the book, The General
Principles of Constitutional Law in the
United States of America.
-it is a 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 people. (JUSTICE MALCOLM)
PURPOSES OF THE CONSTITUTION
1. To prescribe the permanent framework of a
system of government.
*How do we validate?
- we know we have a presidential
government because we have Art VII,
the executive dept.
-we have bicameral legislature as
prescribed in Art VI of the consti
2. To assign to the several departments their
respective powers and duties
3. To establish certain first fixed principles on
which the government is founded.
CLASSIFICATION OF CONSTITUTION
1. WRITTEN- one whose precepts are embodied
in one document
2. UNWRITTEN – consists of rules which have
not been integrated into a single, concrete form
but are scattered in various sources such as
states of a fundamental character.
-a misnomer; they are actually written,
consolidated as a whole
3. CONVENTIONAL OR ENACTED- an enacted
constitution, formally struck off at a definite
time and place following a conscious or
deliberate effort taken by a constituent body
4. CUMULATIVE OR EVOLVED- is the result of
political evolution “not inaugurated at any
specific time but changing by accretion rather
than by any systematic method”
5. RIGID- can be amended only by a formal and
usually difficult process (*difficult process of
amending the constitution)
6. FLEXIBLE- one that can be changed by
ordinary legislation
QUALITIES OF A WRITTEN CONSTITUTION
1. MUST BE BROAD
- it must be broad not only because it provides
for the organization of the 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.
2. MUST BE BRIEF
-it must be brief and confine to basic principles
to be implemented with legislative details more
adjustable to change and easier to amend.
3. MUST BE DEFINITE
-it must be definite or clear to prevent
ambiguity in its provisions which could result in
confusion and divisiveness among the people.
*EXAMPLE OF AMBIGUOUS PROVISION:
ART VIII, SEC 8, stating a representative
from Congress in JBC
-like who decides who will choose the
representative from HoR and Senate
-in the case of CHAVEZ vs JBC,
petitioners contended that it is a
product of oversight but the SC decided
to look at the intent of the framers to
limit the sitting of the congress in JBC.
ESSENTIAL PARTS OF THE CONSTITUTION
1. CONSTITUTION OF LIBERTY
-consists of series of prescriptions setting forth
the fundamental civil and political rights of the
citizens and imposing limitations on the powers
of government as a means of security the
enjoyment of those rights. BILL OF RIGHTS
Example provisions: III, II, IV, V, XII
2. CONSTITUTION OF GOVERNMENT
- series of provisions outlining the organization
of the government, enumerating its powers,
laying down certain rules relative to its
administration, and defining the electorate, E.g.
Arts. VI, VII, VIII and IX
3. CONSTITUTION OF SOVEREIGNTY
– The provisions pointing out the mode or
procedure in accordance with which formal
changes in the fundamental law may be
brought, E.g., Art. XVII
*BILL OF RIGHTS, GOVERNMENTAL
ORGANIZATIONS AND FUNCTIONS AND
METHOD OF AMENDMENT
MODIFICATION OF CONSTITUTION
1. PROPOSAL
-directly by Congress: amendment only or
change of particular provision
RATIONALE:
1. Cost Efficiency- avoid necessary expenditure
of public funds
2. Expediency-when time is of the essence
-by constitutional convention: overhaul of the
constitution
- through people’s initiative: through a direct
exercise by the people
2. RATIFICATION
-formal consent or approval of the proposal
directly by the people themselves
3. INITIATIVE ON LOCAL LEGISLATION- petition
proposing to enact regional,, provincial
ordinance
Lambino v. COMELEC
Essence of amendments “directly proposed by
the people through initiative upon a petition” is
that the entire proposal on its face is a petition
by the people.
ESSENTIAL ELEMENTS:
(1) people must author;
(2) they must sign the proposal;
(3) proposal is embodied in petition
Thus an amendment is “directly proposed by
the people through initiative upon a petition”
only if the people sign on a petition that
contains the full text of the proposed
amnedments.

Requirements:

-involves the people themselves in the

sovereign act of drafting or altering the
Constitution

-must be made within a reasonable time

*See Santiago vs. COMELEC and LAMBINO vs

COMELEC

Santiago v. COMELEC

The constitutional provision on people’s

initiative on the constitution can only be
implemented by law to be passed by Congress.
No such law has been passed. Section 2 of
Article XVII is not self-executing.

THREE SYSTEMS OF INITIATIVE

1. INITIATIVE ON THE CONSTITUTION- a

petition proposing amendments to constitution

2. INITIATIVE ON STATUTES- petition proposing

to enact a national legislation