LM 56 A

CONSTITUTIONAL LAW 2
Lecture 2

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 The foundation of the system of
government of the Philippines is the
constitution.

In its broad sense, the term constitution refers to

the “body of rules and principles in accordance
with which the powers of sovereignty is
regularly exercised.”
Etymology:
Latin word “CONSTITUO” which
means “fixed”, “established”, or “settled”

Constitution defined:
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Constitutional Construction

• In Francisco vs House of Representatives,

G.R NO. 160261 Nov. 10, 2003 The SC
made reference to the use of well settled
principles of constitutional construction
(Nachura, 2009 , p.3)
• 1 VERBA LEGIS
• 2 RATIO LEGIS ET ANIMA
• 3. UT MAGIS VALEAT QUAM PEREAT

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VERBA LEGIS
• Whenever possible, the words used in the
CONSTITUTION must be given in their ordinary
meaning except where technical terms are
employed
• Constitution is not primarily a LAWYER’S
document
• It being essential for the rule of law to obtain that it
should be presented in the PEOPLE’S
CONSCIOUSNESS

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• Ordinary meaning
• (own interpretation of the
CONSTITUTION)

VERBA LEGIS
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• The words of the constitution
should be interpreted in
accordance with the intent of the
framers
• If there’s an ambiguity return to
framer’s intention

RATIO LEGIS ET ANIMA

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• No separation of parts, it must be
interpreted as a whole
• It should be interpreted together as
to effectuate the whole purpose of
the Constitution

UT MAGIS VALEAT QUAM

PEREAT
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• Aristotle defines the constitution as “a
certain ordering of the inhabitants of
the city-state”.
• He also speaks of the constitution of a
community as “the form of the
compound”

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What is the purpose of the Constitution?

• To prescribe the permanent framework of a

system of government;
• To assign to the several departments their
respective powers and duties;
• To establish certain first fixed principles on
which government is founded.

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Significant Features
• The Constitution, which consists of a preamble and
(18) eighteen articles, provides for a presidential
system of government and restores the bicameral
Congress of the Philippines, composed of a Senate
and a House of Representatives.
• The Judicial department is given fiscal autonomy
and its authority increased compared to the
previous constitution as embodied in the
constitutional definition of "judicial power."

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• The Bill of Rights under the 1935 and 1973
Constitutions have been modified. These
changes include: search warrants and
warrants of arrest can be issued only by a
judge.
• The Supreme Court has noted that the Bill
of Rights "occupies a position of primacy
in the fundamental law".
• The Bill of Rights, contained in Article III,
enumerates the specific protections against
State power.
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 Does the Constitution create
basic rights?

•No. It merely recognizes

and protects these rights
and does not bring them
into existence.
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What is the purpose of the Preamble?

• Preamble is not a source of substantive

right since its only purpose is to introduce,
i.e., to walk before the Constitution.

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What is the purpose of the Preamble?

• It indicates the authors of the Constitution –

the sovereign Filipino people;
• It enumerates the primary aims and
aspirations of the framers in drafting the
Constitution;
• It is useful as an aid in the construction and
interpretation of the text of the Constitution.

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Constitution may be classified as follows:
1) As to origin and history:
a) Conventional or enacted—one which is enacted by a constituent
assembly or granted by a monarch to his subjects (e.g.
Constitution of Japan)
b) Cumulative of evolved—one which is a product of a long period
of development originating in customs, traditions, judicial
decisions etc, rather than from deliberate and formal enactment.
(e.g. English Constitution)

Typology of Constitution
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Constitution may be classified as follows:
2) As to form:
a) Written Constitution—one which has been given definite form at a
particular time, usually by a specially constituted authority called
a “constitutional convention” or “constitutional commission”.
b) Unwritten Constitution—one which is entirely a product of
political evolution, consisting largely of a mass of customs,
usages, and judicial decisions.

Typology of Constitution
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Constitution may be classified as follows:
3) As to manner of amending them:
a) Rigid or inelastic—one regarded as a document of special sanctity,
which can not be amended or altered except by some special
machinery other than ordinary legislative process.
b) Flexible or elastic—one which possesses no higher legal authority
than ordinary laws and which may be altered in the same way as
other laws.

Typology of Constitution
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 thus a conventional/enacted,
written, and rigid/inelastic
constitution.

The 1987 Philippine

Constitution:
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• It has the advantage of clearness and definiteness over an
unwritten one. Since the written constitution is a binding
document, the rights of the citizen is more secured.
• Its disadvantage lies in the difficulty of its amendment.
This prevents the immediate introduction of needed
reforms and may thereby retard the healthy growth and
progress of the State.

Pros and Cons of a written

constitution
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• BRIEF: because if a constitution is too detailed, it would lose the
advantage of a fundamental law. It would never be understood by
the public.
• BROAD: because a statement of the powers and functions of
government, and of the relations between the governing body and
the governed, requires that it be as comprehensive as possible.
• DEFINITE: because otherwise the application of its provision to
concrete situations may prove unduly difficult if not impossible.

Requisites of a good
written constitution
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1) The 1935 Constitution
Ratified on May 14, 1935

Features: a) Established the Commonwealth

Government.

b) Provided a Democratic and

Republican government

c) Inclusion of the Bill of Rights

Constitution of the
Republic of the Philippines
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2) The 1973 Constitution
Ratified on January 17, 1973

Features: a) Establishment of a modified

parliamentary government.

b) Suspension of the Bill of Rights.

c) Has given greater power to the

Executive Department.

Constitution of the Republic

of the Philippines
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3) The 1987 Constitution
Ratified on February 2, 1987

Features: a) Reinstitution of a Democratic

Government.
b) Separation of Church and State.
c) Sovereignty of the people.
d) Renunciation of war as a national policy.
e) Supremacy of Civilian authority over the
military.
f) Separation of Powers

Constitution of the Republic

of the Philippines
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• From Latin “preambulare” which
means “to walk before”.
• It is an introduction to the main subject.
• It is the prologue of the Constitution.

Preamble
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1. Sets down the origin and purposes
of the constitution.
2. May serve as an aid in its
interpretation.

Note: The preamble has no legal

implications.

Preamble: purpose and value

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 REFERENCES

Political Law, Isagani Cruz

Philippine Constitution De Leon, 1997
Chan Robles Virtual Law Library
Law Phil Project
Vol. 1 Great Political Theories (M. Curtis)
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