CONSTITUTIONAL LAW 1 NOTES

ATTY. Arellano- 4yr Program

Notes of Cleofe May B. Sobiaco from the lectures of Atty. Arellano.
determined and all public authority
administered
From the Book of Isagani A Cruz
-It is the test of the legality of all
Importance of the Study of Political Law.
government action whether proceeding
Political Law- is that branch of from the highest official or lowest
public law which deals with the functionary. As the paramount law, it its
organization and operation of the deemed written on evry statute and
governmental organs of the state and contarct
defines the relations of the State with
Indicates the will of the people
the inhabitant of its territory. (as ruled
in the case of People v. Perfecto,43 An instrument establishing certain
Phil.887) basic principles of government and
safeguarding fundamental rights. – The
Every citizen regardless of calling
purpose oif the constitution is to create a
should understand the mechanics and
permanent framework of the system of
motivations of his government. This must
government and to assign to the
because: sovereignty resides in the
different department or branches thir
people and all the government authority
respective powers and duties and to
emanates from them. It is upon the
establish certain basic principles on which
active involvement in public affairs of
the government is founded.
every Filipino that the success of the
Republic of the Philippines will depend. -The duty of the constitution is to
set limits on the otherwise unlimited
The fundamental law provides that
power of the government
“all educational institutions shall include
the study of the Constitution as part of A constitution cannot be as
the curricula. specific the laws that are passed by the
legislature. It should serve only as
Nature and purpose or function of
general guidelines for the government
a constitution
therein provided.
1. AN instrument with the status
Each constitution is adopted for
of a supreme law-is a charter creating
one fundamental objective, which is the
the government, or the organic or basic
purpose of government itself to ensure
law by virtue of which the government
domestic tranquility and progress and
exists as such
provide for the well-being and happiness
-Constitution speak for the entire of the people.
people and in full authority for all that is
MEANING AND SCOPE OF
done in pursuance of its provisions
CONSTITUTIONAL LAW
It is binding on all the individual
Brans of jurisprudence which
citizen and all organs of the govern,ent
treats of constitutions, their
for it is the law to to which all other laws
nature,formation and
must conform and in accrdanmce with
amendment,operation and interpretation.
which all provate rights must be
CONSTITUTIONAL LAW 1 NOTES
ATTY. Arellano- 4yr Program
Notes of Cleofe May B. Sobiaco from the lectures of Atty. Arellano.
KINDS OF CONSTITUTION 1935 and 1973 chartered but by
appointive body called
1. As to thir origin and history]
CONSTITUTIONAL COMISSION.
a. conventional or enacted-one
ADVANTAGES AND DISADVANTGES
which is enacted by a conbstituent
OF A WRITTEN CONSTITUTION
assembly or granted by a monarch to
his subjects like the Constitution in 1. Clearness,definiteness,stability-the
Japan in 1889 constitution is prepared with great care
and deliberation. Such a constitution
B. Comulative or eveloved-Like
cannot be easily be bent or twisted by
the English constitution, one which
the legislature or by the courts to
isproduct of growth or a long period of
meet the temporary fancies of the
development originating in
moment.
customs.traditions.judicial decsisions
etc rather than from a deliberate and 2. Difficulty of amendment- Lies in the
formal enactment. difficulty of its amendment. This
prevents the immediate introduction of
2. As to their form
needed changes and may thereby
a. Written-constitutional convention retard the healthy group and progress
of the state.
b. Unwritten- one which is entirely the
product of political evolution consisting REQUISITES OF A GOOD AND
largely of s mass of customs ussages WRITTEN CONSTITUTION.
judicial decisions tohetehr with a
1 As to form it should be,
smaller body.It is unwritten in the
sense tthat it is not codified in a single a. brief- If a constitution is too
document. detailed, it would probably never be
understood by the public.
3. As to manner of amending them
b. Broad- A statement of the
a. Rigid or inelastic- document of
powers and functions of government and
special sanctity which cannot be
if the relations between the governing
amended or latered except by some
body and the governed, requires that it
special machinery more customs than
be as comprehensive as possible. The
the ordinary legislative process.
scope and meaning must be WIDE
b. Flexible or elastic- no higher legal enough to make the constitution easily
authority than ordinary laws and which adaptable to changing
may be alterd in the same way as social,economic,and political conditions
other laws. and thus enable it without requiring.As
much as possible the constitution is
The presenr Phil constitution may be designed to be permanent document to
classified as CONVENTIONAL OR serve a country for many generations.
ENACTED, RIGID, WRITTEN or
INELASTTIC. Our constitution,however c. Definite- “exact” if the language
drafted not by an ELECTED are ambigious the application of the
constitutent assembly as in the case of
CONSTITUTIONAL LAW 1 NOTES
ATTY. Arellano- 4yr Program
Notes of Cleofe May B. Sobiaco from the lectures of Atty. Arellano.
provisions may prove difficult if not law are , as a general rule, interpreted in
possible. the light of their understanding in the
country of origin.
Constitution

Direct from people

Merely states the general framework
To govern the future
Direct expression of the sovereign will
More difficult and intraticate
procedure for adoption or amendment

INSERT THE LECTURES FROM ATTY. THE CONSTITUTION OF THE

PHILIPPINES

- The constitution of 1987 is the

The Constitution of the Philippines
The constitution of 1987 is the
fourth fundamental law to govern the
Philippines since it became independent
on July 04, 1946. The first was the
Commonwealth Constitution adopted in
1935, which continued by its provisions to
be operative after the proclamation of
the Republic of the Philippines.
The second was the Constitution
of 1973, which was enforced during the
Marcos regime following its
approval and ratification at a time when
the country was already under martial
law.
The Constitutions od 1935 and 1973
which served as its working drafts are in
integral part of this study.
fourth fundamental law to govern
the Philippines since it became
independent on July 4, 1946.
- 1st is Commonwealth Constitution
adopted in 1935 which continues
by its provisions to be operative
after the proclamation of the
Republic of the Philippines.
- 2nd is the Constitution of 1973,
which was enforced during the
Marcos regime following its
dubious approval and ratification
dubious at a time when the country was
already under martial law.
- Feb 25, 1986 after martial law the
new president proclaimed a
Freedom Constitution to be
effective pending the adoption of
a permanent constitution aimed at
correcting the shortcomings of

So too is the Constitution of the United the previous and specifically

States along with the relevant rulings of eliminating all the iniquitous

its Supreme Court, in connection with the vestiges of the past regime.

parts of that document,like Bill of Rights

that have been incorporated in the OUTSTANDING FEATURES

present Constitution of the Philippines. The new Constitution

The reason is that imported provison of consists of eighthreeen articles

CONSTITUTIONAL LAW 1 NOTES
ATTY. Arellano- 4yr Program
Notes of Cleofe May B. Sobiaco from the lectures of Atty. Arellano.
and is excessively long compared The Constituion must be
to the Constitution of 1935 and QUESSENTIAL rather than
1973, on which it was largely SUPERFICIAL, the root and not
based. Many of the original the blossom, the base and
provisions oof the 1935, framework only of the edifice that
particularly those pertaining to is yet to rise. The constitution
the legislative and the executive must grow with the society it
departments, have been restored seeks to re-structure and march
because of the revival of the apace with the progress of the
bicameral Congress of the race, drawing from the change of
Philippines and the strictly history the dynamism and vitality
presidential system. that will keep it far from the
Many provisions of the beginning a pertified rule, a
1973 Constitution have been pulsing. Living law attitude to the
retained like those on the heartbeat of the nation.
Constitutional Commissions and
local governments. THE CONCEPT OF THE STATE
The bill of rights of the
Commonwealth and Marcos , THE STATE- is a community of
Constitutions has been persons .more or less numerous,
considerably improved in the permanently occupying a fixed
Constitutions has been territory and possessed of an
considerably iproved in the independent government organized
Constitution of 1987 and even for political ends to which the
bolstered with the creation great body of inhabitants render
elsewhere in the document of a habitual obedience
Commission on Human Rights.
NATION- is use interchagebly
The Supremacy of the with State the United Nations or
Constitution the Family of the Nations, which
The constitution is the actually consists of states and not
supreme law of the land which nations. This is a mistake as the
means that all other law must two concepts have different
conform and to which all persons, connotations.
including the highest officials of
the land ( PRESIDENTS,CONSUL, The term NATION strictly
and ETC), must follow. No act shall peaking as evidences by its
be valid,however noble its etymology indicates a relation of
intention , if it conflicts with the birth or origin and implies a
Constitution. The Constitution common race usually characterized
must ever remain SUPREME. All by community language and
must bow to the mandate of this customs, The state is a legal
law. concept, while the nation is only a
racial or ethic concept.
Prospects of the Constitution