I.

General Considerations Parts of constitution a. Constitution of liberty- setting forth the fundamental civil and political rights and the limitations of the power of the govt on the rights b. Constitution of government- organizations of the government, enumerating the powers, laying of certain rules, and defining electorate c. Constitution of sovereignty- mode of procedural by w/c formal changes in law may be brought out Interpretation of Constitution 1. The intention of the framer should be given effect- no provision shall be separated from all others; court must harmonize the law 2. Liberal construction- safeguard the liberty and security of citizens 3. Contemporaneous circumstances under w/c the constitution was framed should be given consideration- object sought to be accomplished by its adoption, and the evils sought to be prevented or remedied 4. Constitution should be given uniform constructionshould not change in meaning just because if varying opinion 5. Constitution should be construed to meet new conditions and circumstances as they arise- courts should refrain from using technical construction 6. In case of doubt, provisions are self-executing, mandatory rather than executory, prospective rather than retroactive Supremacy of the constitution Constitution is the supreme law wo w/c other law must conform and in accordance w/ w/c all private rights must be determined and all public authority administered Any law violates any norm of the constitution is null and void, w/o force and effect II. Amendments to the Constitution

Political Law Branch of public law Deals w/ the organization and operations of the govt organs of the state Defines the relations of the state w/ inhabitants of its territory Divisions of Political Law 1. Consti Law 2. Administrative Law 3. Law on Public Officers 4. Election Law 5. Law on Public Corporations 6. Etc Constitutional Law Branch of the science of law w/c treats of the nature of constitutions, their establishment, construction, interpretation and of validity Study of maintenance of the proper balance bet. authority as represented by 3 inherent powers of the State and Liberty Encompasses the law embodied in the constitution and judicial interpretation. Political vs. Constitutional Law Consti Law constitution and organic law Political Law covers constitution and is much broader Constitution Social contract Binds the people and their govt in a civil society Body of rules and maxims in accordance w/ w/c the powers of sovereignty are exercised Theoretical Basis Thomas Hobes: people entering into a social contract. Where they set a govt and surrender their life and liberty in exchange of peace and order Jean Jacques Rossseau: no conflict bet. man and state John Locke: surrender of liberty and rights are partial and conditional. If govt breach the contract, people may abrogate the contract and make a new govt Functions of Constitution Prescribes the permanent framework of the govt Assigns responsibilities to departments Classifications of Constitution a. Written, conventional or enacted- embodied in a document and adopted at the same time b. Unwritten, cumulative or evolvedgradual development of customs, judicial decisions and documents c. Rigid- w/ formal and difficult amendment d. Flexible- amended by ordinary process of legislation Essential qualities of a written constitution Broad, brief, and definite Beyond the reach of temporary excitement Provides safe growth Intended to endure for ages

Section 1. Any amendment to, or revision of, this Constitution may be proposed 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 five years following the ratification of this Constitution nor oftener than once every five 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 a majority vote of all its Members, submit to the electorate the question of calling such a convention.

Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision. Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification by the Commission on Elections of the sufficiency of the petition. Amendment vs. Revision Amendment- change in a part of the provision Revision- total change or rewriting of the whole constitution Proposal 1. Congress, acting as constituent assembly, by a vote of of all members 2. Constitutional Convention a. Congress, by a vote of 2/3 of all members, call a concon b. Congress, by a vote of majority members, may submit to people the question of calling a convention 3. Peoples initiative, upon petition of at least 12% of total # of registered voters, of w/c each district must be presented by at least 3% of its registered voters. It shall not be exercised more than once every 5 yrs. Votes Needed Section 1: votes pertain to approval of contents of proposed amendments Section 3: votes pertain to requisite for calling a constitutional convention Submission Through plebiscite Plebiscite must not be earlier than 60 days nor later than 90 days after the approval of prosposal of congress or by Comelec Must be communicated to all people Ratification If majority of all votes were reached (plebiscite)