Escoto 1

Political Law 6/25/14, Atty Gabriel

1.What is a constitution? Cooley. Malcolm
2. MPH case
- constitution: system of fundamental....
- 4 characteristics: supreme, imperious, absolute, unalterable except by the power granting it
* Marcos vs. Manglapus: social contract
- constitutional supremacy
3. Is a constitution a law? Yes.
- basic and paramount law; always prevail
4. Is it immutable? Yes. Can never be wrong
5. What makes the constitution special? Enacted directly by the people
6. T/F: Constitution is the source of ALL rights?
- F: right to life does not emanate from the constitution. It is inherent
* Oposa vs Factoran: right to life and right to balance ecology do not emanate from consti
- not source of private rights
7. Different types of Constitution (Nachura)
8: MPH: Different purposes of Consti
9. Essential qualities: Broad, Brief, Definite
- broad vs brief = coverage vs form
- GR: definite to avoid confusion, but some were left vague and comprehensive to adopt to change
and future events
10. 3 Essential parts of good written constitution (LSG)
11. T/F: a fundamental law which do not contain all 3 essential parts is not a constitution. False. Not
mandatory. Only a guide. Since it is an act of sovereign
12. T/F: the 1987 constitution contain nothing but essential parts. False. Ex. art 1
13. History: How many constitutions? 7
A) Biak na bato - unicameral/revoluntionary
B)Malolos - unicameral/parliamentary
C) 1935 - unicameral to bicameral (1940)/presidential
D) 1943- unicameral/ presidential
E) 1973- unicameral/parliamentary
F) Freedom- bicameral/ presidential
G) 1987- bicameral/ presidential
14. Effectivity of the 1987 Constitution. Feb 2, 1987; date of plebiscite
- De leon vs Esguerra
- would it not be a violation of due process since the people did not know result of the plebiscite not
until the proclamation on Feb 11, 1987. NO. People were informed/brief before voting