Constitution The system or body of fundamental rules and principles of a nation, state,

or body politic that determines the powers and duties of the government
and guarantees certain rights to the people

Law A binding custom or practice of a community : a rule or mode of conduct

or action that is prescribed or formally recognized as binding by a
supreme controlling authority or is made obligatory by a sanction (as an
edict, decree, rescript, order, ordinance, statute, resolution, rule, judicial
decision, or usage) made, recognized, or enforced by the controlling
authority (2) : the whole body of such customs, practices, or rules
constituting the organic rule prescribing the nature and conditions of
existence of a state or other organized community

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.

Tyranny Absolute government (as of an ancient Greek city-state) in which power is

vested in a single ruler.
Anarchy A state of lawlessness or political disorder due to the absence of
governmental authority.
Eminent Standing out so as to be easily perceived or noted, standing above others
in some quality or position.
Impairment Clause Impairment is anything that diminishes the efficacy of the contract.
The obligation of a contract is impaired when its terms or conditions are
changed by law or by a party without consent of the other, thus weakening
the rights of the latter.

Bill of Rights The Bill of Rights is the first 10 Amendments to the Constitution. ... It
guarantees civil rights and liberties to the individual—like freedom of
speech, press, and religion. It sets rules for due process of law and
reserves all powers not delegated to the Federal Government to the
people or the States.

Amendment Amendment, in government and law, an addition or alteration made to a

constitution, statute, or legislative bill or resolution. Amendments can
be made to existing constitutions and statutes and are also commonly
made to bills in the course of their passage through a legislature.

Arbitrarily law  : depending on individual discretion (as of a judge) and not fixed by

law.

CHAPTER 1
THE FUNDAMENTAL POWERS OF THE STATE;

1. Police power
2. Power of eminent domain
3. Power of taxation

SAFEGUARDS IN THE BILL OF RIGHTS;

1. The right to due process and equal protection

2. The prohibition against unreasonable searches and seizures
3. Freedom of expression
4. The impairment clause
5. The guarantees against injustice to the accused

-ARTICLE III of the Constitution is the Bill of Rights

M

Sine qua non The phrase sine qua non is Latin for “without which not.”
When something is described as sine qua non, it is a
necessary or indispensable requirement. The phrase
represents an essential element, component, or condition of
something else.
Weal : a sound, healthy, or prosperous state : well-being.
Examples: Before presenting the bill to the legislature, the
senator spoke of devotion to the general weal.
Encroachment An encroachment is an unauthorized intrusion onto a
neighboring property through the creation or extension of
a physical structure (including flora) above or below the
surface of land.
Pristine Pristine means bearing no scratches, marks, cracks or any
other signs of minoror significant damage as defined within
our Terms.

CHAPTER 2
 THE NATURE OF THE CONSTITUTION

DEFINITION:

Constitution by According to Cooley, is “that body of rules and maxims in accordance with
Cooley which the powers of the sovereignty are habitually exercised”
By Justice “the written instrument enacted by direct action of the people by which the
Malcolm 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”.

PURPOSES:

“The purpose of the Constitution is 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 fixed principles on which government is founded.”
The Constitution is not “the origin of private rights; it is not the fountain of law nor the incipient
state of government; it is not the cause but the consequence of personal and political freedom.”

SUPREMACY OF THE CONSTITUTION:

-CONSTITUTION must ever remain supreme. All must bow to the mandate of this law.

EXPEDIENCY expedient (noun) an action that helps you to deal with a problem
quickly and effectively, but which may not be fair or honest:
RECTITUDE : the quality or state of being straight. 2 : moral integrity : righteousness.
3 : the quality or state of being correct in judgment or procedure.
USURPATION the act of taking control of something without having the right to,
especially of a position of power: his unlawful usurpation of power. 

CLASSIFICATION:
CONSTITUTIONS are classified into;
1. Written Constitution- is one whose precepts are embodied in one document or set of
documents (provisions).

2. Unwritten Constitution- consists of rules which have not been integrated into a single,
concrete form are scattered in various sources, such as statutes of fundamental
character, judicial decisions, commentaries of publicists, customs and traditions, and
certain common law principles.
3. Evolved
4. Enacted
5. Rigid Constitution- one that can be amended only by a formal and usually difficult
process.
6. Flexible- is one that can be changed by ordinary legislation.

Conventional Constitution- is an enacted constitution, formally “struck-off” at a definite

time and place following a conscious deliberate effort taken by a constituent body or
ruler.

Cumulative Constitution- is the result of political evolution, “not inaugurated at any

specific time but changing by accretion rather than by any systematic method.”

The Constitution of the Philippines is written, conventional and

rigid.

ESSENTIAL QUALITIES of the WRITTEN CONSTITUTION:

A good written constitution must be;
1. Broad- should cover all things within the territory , “not only the imprisonment of the
past but the unfolding of the future.”

2. Brief- and confine itself to basic principles to be implemented with legislative details
more adjustable to change and easier to amend.

3. Clear and definite- lest ambiguity in its provisions result in confusion and divisiveness
among the people, and perhaps even physical conflict.

The exception is found only in those cases where the rules are deliberately worded in a
vague manner, like the due process clause, to make them more malleable (capable of
being formed) to judicial interpretation in the light view of new conditions and
circumstances.

ESSENTIAL PARTS of the WRITTEN CONSTITUTION

 Good written constitution contains 3 essential substantive parts:

1. Constitution of liberty- consists of a 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.
Found principally in,
a. Article III of our Constitution
b. Article II
c. Article III
d. Article IV
e. Article V
f. Article XII

2. Constitution of government- consists of provisions outlining the organization of the

government, enumerating its powers, laying down certain rules relative to its
administration and defining the electorate.”
Found in articles,
a. Article VI
b. Article XI of our Constitution

3. Constitution of sovereignty- consists of the provisions pointing out the mode or

procedure in accordance with which formal changes in the fundamental law maybe
brought about.
Found in article,
a. Article XVII of our Constitution
PERMANCE of the CONSTITUTION:

Conventional based on or in accordance with what is generally done or believed.

Rigid not able to be changed or adapted.
Capricious unpredictable and subject to whim, often used to refer to judges and
judicial decisions which do not follow the law, logic or proper trial
procedure. A semi-polite way of saying a judge is inconsistent or erratic.
Whimsical unpredictable and subject to whim, often used to refer to judges and
judicial decisions which do not follow the law, logic or proper trial
procedure.
Tampered Tampering is an intentional act of interfering improperly or in a
harmful manner. Tampering refers to an act of secretly or improperly
altering/falsifying something.
Expediency suitable for achieving a particular end in a given circumstance. 2 :
characterized by concern with what is opportune especially : governed by
self-interest. expedient.
Ill-advised resulting from or showing lack of wise and sufficient counsel or
deliberation an ill-advised decision.
Agitation  "Annoyed, incensed, resentful, angry;"... Arraign Legal Definition and
Related Resources of Arraign Meaning of Arraign To bring a prisoner or
the accused before the court to answer the charge against him.
Virtue By virtue of law means: because of, in view of, on account of, by
 reason of, or owing to a law.
Irreparable Impossible to get back or make right.
an opinion or notion formed without much reflection: CAPRICE, WHIM *the
Fancies prediction of his return is based on a mere fancy* b: an image or
representation of something formed in the mind
Impediment the act or state of being impeded : OBSTRUCTION
something that makes you want to do something or that causes
Spur something to happen : INCENTIVE
anything that goads, impels, or urges, as to action, speed, or achievement.
Obsolete No longer active o in use.
Conformable 2 : giving compliance or obedience : SUBMISSIVE, COMPLIANT

 Advantage of the written, conventional and rigid constitution is its permanence, or its
capacity to resist capricious or whimsical change dictated not by legitimate needs but
only by passing fancies, temporary passions or occasional infatuations of the people
with ideas or personality.

 Disadvantage where the written constitution is unable to adjust to the need for change
justified by new conditions and circumstances. The difficulty itself of the amending
process may be responsible for the delay in effecting the needed change and thus cause
irreparable injury to the public interest.

INTERPRETATION:
Constitution like statutory enactments, should be read in accordance with the usual rules on
interpretation and construction.
Should the constitution be petrified or progressive?
Answer: the constitution must change with the changing times lest it impede the progress of the
people with antiquated rules grown ineffective in a modern age.
RULE, in case of doubt, the constitution should be considered self-executing rather than non-
self-executing; mandatory rather than directory; and prospective rather than retrospective.

Intendment Intention, design, purpose, meaning, significance.

Extrinsic aids Extrinsic aids are matters which may help put an Act into context.
Sources include previous Acts of Parliament on the same topic, earlier
case law, dictionaries of the time, and the historical setting. ... Hansard is
the official report of what was said in Parliament when the Act was
debated.
Recurrent 1 a : running or turning back in a direction opposite to its former course
Intendment the sense in which the law understands or interprets something, such as
the true intention of a piece of legislation.
Framers Legal definition of framer: a drafter of legislation; specifically,
capitalized
Canon Signifies the rule or law.
Inevitably : as is to be expected
 Transpiring occur; happen.
Petrified To make lifeless or inactive.
Impede delay or prevent (someone or something) by obstructing them; hinder.
Antiquated old-fashioned or outdated.
Eloquently in a fluent or persuasive manner.
a pithy (of language or style) concise and forcefully expressive)
observation that contains a general truth, such as, “if it ain’t broke, don’t
Aphorism fix it.”.
Dormant Latent; inactive; silent.
Abridging curtail (a right or privilege).
Redress remedy or compensation for a wrong or grievance.
Grievances a real or imagined wrong or other cause for complaint or protest, especially
unfair treatment.
Mandamus a judicial writ issued as a command to an inferior court or ordering a person
to perform a public or statutory duty.

Self-executing provision

-is a rule that by itself is directly or indirectly applicable without need of statutory
implementation.
Ex:
Provisions found in the Bill of Rights, which may be invoked by proper parties independently of
or even against legislative enactment.
Collector of the Customs v. Villaluz the SC held that judges derive directly from Art. III Sec. 2 of
the Constitution.
See, Art. VII Sec. 17.

Non-self-executing provision

-provision is one that remains dormant unless it is activated by legislative implementation.

Ex:
Art. II Sec. 4 which, provides the duty of defending the State.
Art. IV Sec. 3
The constitution should be considered as self-executing, as a contrary rule would give the
legislature discretion to determine when, or whether, they shall be effective.
AMENDMENT or REVISION:

Heretical holding an opinion at odds with what is generally accepted.

Ambiguous (of language) open to more than one interpretation; having a
double meaning.
unclear or inexact because a choice between alternatives has not
been made.
Deliberately/ 1 : characterized by or resulting from slow careful thorough
deliberate calculation and consideration of effects and consequences : not
hasty, rash, or thoughtless.

Change in the constitution may be effected by a mere modification in its interpretation by the
courts of justice. Where the provisions of the constitution are ambiguously worded------perhaps
deliberately so------judges may read out of them, in the light of altered conditions, meanings that
at an earlier time were considered heretical.
Illustration: PEOPLE v. POMAR
Iron rules- not malleable to judicial interpretation by Cooley, because they cannot be altered
except by formal amendment.
Amendment- means isolated or piecemeal change only, as distinguished from revision, which
is a revamp or rewriting of the whole instrument.

PROCEDURE
Two steps are involved in the amendment or revision of our Constitution.
1. Proposal
2. Ratification

(1) Proposal usually made either directly by the Congress or by constitutional convention. A
special case is provided for where the proposal maybe made directly by the people
through initiative.

Pertinent rules are:

Section 1. Any amendment to, or revision of, this Constitution may be processed by:
(1) The Congress, upon a vote of three-fourths of all its Members; or
(2) A constitutional convention.
Section 2. Amendments to this Constitution may likewise be directly proposed by the
people through initiative upon a petition of at least twelve per centum of the total number
of registered voters, of which every legislative district must be represented by at least
three per centum of the registered voters therein. No amendment under this section shall
 be authorized within 5 years following the ratification of this Constitution nor oftener than
once every 5 years thereafter.
the Congress shall provide for the implementation of the exercise of this right.
Section 3. The Congress may, by a vote of two-thirds of all its Members, call a
constitutional convention, or by majority vote of all its Members, submit to the electorate
the question of calling such a convention.
Through the method of the initiative people my propose only amendments not a revision.
*REVISION broadly implies a change that alters a basic principle in the constitution,
generally affects several provisions of the constitution.
*AMENDMENT broadly refers to a change that adds, reduces, or deletes without altering
the basic principle involved, generally affects only the specific provision being amended.
*Quantitative test asks whether the proposed changed is so extensive in its provisions
as to change directly the “substantial entirety” of the constitution by the deletion or
alteration of numerous existing provisions. The court examines only the number of
provisions affected and does not consider the degree change.
*Qualitative test inquires into the qualitative effects of the proposed change in the
constitution. The main inquiry is whether the change will “accomplish such far reaching
changes in the nature of our basic governmental plan as to amount to a revision.”

Article VI Section 28. Justices and judges of courts of record shall not be eligible
for any other public office or for any other public employment during their term of
office, except that they may assume another judicial office, and upon qualifying
therefor, the office formerly held shall become vacant.

Article VII Section 19. Except in cases of impeachment, or as otherwise provided in

this Constitution, the President may grant reprieves, commutations, and pardons, and
remit fines and forfeitures, after conviction by final judgment.

HABEAS CORPUS
The "Great Writ" of habeas corpus is a fundamental right in the Constitution
that protects against unlawful and indefinite imprisonment. Translated from Latin it
means "show me the body." Habeas corpus has historically been an important
instrument to safeguard individual freedom against arbitrary executive power.

RA NO. 6735
Title. —This Act shall be known as “The Initiative and Referendum Act.” ... (a) “Initiative”
is the power of the people to propose amendments to the Constitution or to propose and
enact legislations through an election called for the purpose
THEORY of the CONVENTIONAL SOVEREIGNTY supreme over the other departments of the
gov’t because the powers it exercises are in the nature of sovereign powers. (Loomis vs.
Jackson).
RATIFICATION
Sec. 4 any amendment to, or revision of, this constitution under sec 1 hereof shall be valid when
ratified by a majority votes cast in a plebiscite which shall be held not earlier than 60days nor
later than 90days. After the certification by the Commission on Elections of the sufficiency of the
petition.