The 1987 Constitution 1.
Written – a kind of constitution whose provisions are all
A. Nature and concept of a Constitution
COOLEY – the body of rules and maxims in accordance
with which the powers of sovereignty are habitually
exercised.
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.
Effectivity - February 2, 1987, the date of plebiscite when the
people ratified the Constitution.
Qualities of a good written Constitution:
Purpose of the Constitution: A-P-E
1. To prescribe the permanent framework of a system of
government.
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:
contained in a single document.
2. Unwritten – consists of rules which have not been
integrated into a single, concrete form but are scattered
in various sources, such as statutes of fundamental
character, judicial decisions, commentaries of publicist,
customs and traditions and certain common law
principles.
3. Conventional – type of constitution that was formulated
by a constitutional convention that is called for to draft the
constitution.
4. Cumulative – not drafted by a positive act of the state but
it developed as a part of the history of the nation.
5. Rigid – inelastic, which cannot be easily amended unless
such amendment is provided for by the constitution itself.
1. Broad – not only because it provides for the organization
of the entire government covers all persons and things
within the territory of the State but it must be
comprehensive enough to provide for every contingency.
2. Brief – it must confine to basic principles to be
implemented with legislative detail more adjustable to
change and easier to amend.
 3. Definite – To prevent ambiguity in its provision which
could result to confusion and divisiveness among the
people.
Essential parts of a good written Constitution
1. Constitution of Liberty – the 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 securing the enjoyment of
those rights.
2. Constitution of Government – the series of provision
outlining the organization of the government,
enumerating its powers, laying down certain rules relative
to its administration, and defining the electorate.
3. Constitution of Sovereignty – the provisions outlining
pointing out the mode or procedure in accordance with
which formal charges in the fundamental law may be
brought about.
Interpretation/Construction of the Constitution:
1. Verba legis – Whenever possible, the words used in the
Constitution must be given their ordinary meaning except
where technical terms are employed. As the Constitution
is not primarily a lawyer’s document, it being essential for
the rule of law to obtain that it should ever be present in
the people’s consciousness, its language as much as
possible should be understood in the sense they have a
common use.
2. Ratio legis et anima – When there is ambiguity; the words
of the Constitution should be interpreted in accordance
with the intent of the framers.
Civil Liberties Union v. Exec Secretary Feb 22 1991
It was held that, in construing the Constitution, should bear
in mind the object sought to be accomplished and the evils
sought to be prevented or remedied. A doubtful provision
shall be examined in light of the history of the times and
the conditions and circumstances under which the
Constitution was framed.
3. Ut magis valeat guam pereat – the Constitution has to be
interpreted as a whole.
In Civil Liberties, it was declared that sections bearing on a
particular subject should be considered and interpreted
together as to effectuate the whole purpose of the
Constitution and one section is not to be allowed to defeat
another, if by any reasonable construction, the two can
stand together.
If, however, the plain meaning of the word is not found to be
clear, resort to other aids is available.
In Civil Liberties – it is permissible to consult the debates
and proceedings of the constitutional convention in order
to arrive at the reason and purpose of the resulting
Constitution, resort thereto may be had only when other

guides fail as said proceedings are powerless to vary the
terms of the Constitution from what appears upon its face.
The proper interpretation, therefore, depends more on how
it was understood by the people adopting it than in the
framers’ understanding thereof.
In case of doubt, the provisions should be considered
self-executing; mandatory rather than directory; and
prospective rather than retroactive.
Self-executing provisions –
If a law or a contract violates any norm of the Constitution, that
law or contract, whether promulgated by the legislative or
executive branch of the Government, or entered by private
persons for private purpose, is null and void and without any
effect and force. Since the Constitution is the fundamental and
supreme law of the land, it is deemed written in every law or
every contract. Manila Prince Hotel v. GSIS, Feb 3 1997
Amendment v Revision
Lambino v COMELEC Oct 25 2006

A provision which lays down a general principle is usually Revision Amendment

not self-executing. But a provision which is complete in itself and
As to its implication Broadly implies a
becomes operative without the aid of supplementary or enabling
change
legislation, or that which supplies a sufficient rules by means of
which the right it grants may be enjoyed or protected, is self-
executing.

Thus, 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 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.

Examples:

Sec. 11 Art. XII

Sec 26 Art II

Doctrine of Constitutional Supremacy