PHILIPPINE CONSTITUTION Written or unwritten Rigid Enacted

Constitutionit is the document, which serves as the fundamental law of the State; that body of rules and maxims in accordance with which the power of sovereignty are habitually exercised. That 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. It is the basic and paramount law to which all other laws must conform and to which all persons, including the highest officials of the land, must defer. No act shall be valid, how noble its intention, if it conflicts with the Constitution. The Constitution must ever remain supreme. All must bow to the mandate of this law. Right or wrong, the Constitution must be upheld as long as the sovereign people have not changed it. Classification:
1. Written or unwritten

Written one whose precepts are embodied in one document or set of documents -consists of rules which have not been

Unwritten integrated into a single, concrete form but are scattered in various sources Examples: a. statutes of fundamentalcharacter; b. judicial decisions; c. commentaries of publicists; d. customs and traditions; e. certain common law principles

2. Enacted (conventional) or Evolved (Cumulative) Enacted (conventional) Evolved (Cumulative) formally struck off at a definite time the result of political evolution, not and place following a conscious or inaugurated at any specific time but deliberate effort taken by a constituent changing by accretion rather than by body or ruler any systematic method 3. Rigid Flexible Rigid one that can be amended only by a formal and usually difficult process Flexible one that can be changed by ordinary legislation

- The Philippine Constitution is written, conventional and rigid. It is embodied in one document and can be amended only by a formal and usually difficult process.

Interpretation: 1) Verba Legiswhenever possible, the words used in the Constitution must be given their ordinary meaning except where technical terms are employed. 2) When there is Ambiguityratio legis et anima--A doubtful provision shall be examined in the light of the history of the times and the conditions and circumstances under which the Constitution was framed. (Civil Liberties Union vs. 3) Ut magis valeat quam pereatthe Constitution has to be interpreted as a whole. (Francisco vs. HR, G.R. No. 160261, November 10, 2003) If the plain meaning of the word is not found to be clear, resort to other aids is availableconstrue 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 provision should be considered as self-executing; mandatory rather than directory; and prospective rather than retroactive. Self-executing provisionone which is complete in itself and becomes operative without the aid of supplementary or enabling legislation, or that which supplies a sufficient rule by means of which the right it grants may be enjoyed or protected. Essential Qualities of the Written Constitution: 1) Broad; 2) Brief; and 3) Definite. Essential parts of a good written Constitution: a) Constitution of Libertysets forth the fundamental civil and political rights of the citizens and imposes limitations on the powers of the government as a means of securing the enjoyment of those rights. e.g. Bill of Rights b) Constitution of Governmentoutlines the organization of the government, enumerates its powers, lays down certain rules relative to its administration and defines the electorate. e.g. Legislative, Executive and Judicial Departments, Constitutional Commissions c) Constitution of Sovereigntythe provisions pointing out the mode or procedure in accordance with which formal changes in the fundamental law may be brought about. e.g. Art. XVII-Amendments or Revisions Effects of Declaration of Unconstitutionality: 2 Views: a) ORTHODOX VIEW i. an unconstitutional act is not a law; ii. it confers no rights; iii. it imposes no duties; iv. it affords no protection; v. it creates no office; vi. it is inoperative, as if it had not been passed at all.

Executive Secretary, 194 SCRA 317)

b) MODERN VIEWCourts simply refuse to recognize the law and determine the rights of the parties as if the statute had no existence. Certain legal effects of the statute prior to its declaration of unconstitutionality may be recognized. Thus, a public officer who implemented an unconstitutional law prior to the declaration of unconstitutionality cannot be held liable (Ynot vs. IAC). Partial Unconstitutionality Requisites: a) The legislature must be willing to retain the valid portion(s), usually shown by the presence of a separability clause in the lawINTENT OF THE LEGISLATIVE; and b) The valid portion can stand independently as lawINDEPENDENCE OF THE PROVISIONS.

Distinguish sovereignty from dominion.

Held: Sovereignty is the right to exercise the functions of a State to the exclusion of any other State. It is often referred to as the power ofimperium, which is defined as the government authority possessed by the State. On the other hand, dominion, or dominium, is the capacity of the State to own or acquire property such as lands and natural resources. (Separate Opinion, Kapunan, J., in Isagani Cruz v. Secretary of DENR, G.R.

No. 135385, Dec. 6, 2000, En Banc, See Footnote 86) What is the Doctrine of Constitutional Supremacy?

Held: Under the doctrine of constitutional supremacy, if a law or contract violates any norm of the Constitution, that law or contract, whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes, is null and void and without any force and effect. Thus, since the Constitution is the fundamental, paramount and supreme law of the nation, it is deemed written in every statute and contract . (Manila

Prince Hotel v. GSIS, 267 SCRA 408 [1997] [Bellosillo])

What are self-executing and non-self executing provisions of the Constitution?

Held: A provision which lays down a general principle, such as those found in Article II of the 1987 Constitution, is usually not self-executing. But a provision which is complete in itself and becomes operative without the aid of supplementary or enabling legislation, or that which supplies sufficient rule 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 that 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 . (Manila Prince

Hotel v. GSIS, 267 SCRA 408 [1997] [Bellosillo])

Are provisions of the Constitution self-executing or non-self executing? Why?

Held: Unless it is expressly provided that a legislative act is necessary to enforce a constitutional mandate, the presumption now is that all provisions are self-executing. If the

constitutional provisions are treated as requiring legislation instead of self-executing, the legislature would have the power to ignore and practically nullify the mandate of the fundamental law. This can be cataclysmic. (Manila Prince Hotel v. GSIS, 267 SCRA 408

[1997] [Bellosillo])

What is the Filipino First Policy enshrined in the Constitution?

Ans.: In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall give preference to qualified Filipinos. (Sec. 10, 2nd par., Art.

XII, 1987 Constitution)

Is the Filipino First Policy expressed in Section 10, Article XII of the Constitution a self-executing provision?
Held: Yes. It is a mandatory, positive command which is complete in itself and which needs no further guidelines or implementing laws or rules for its enforcement. From its very words the provision does not require any legislation to put it in operation. It is per se judicially enforceable. When our Constitution mandates that [i]n the grant of rights, privileges, and

concessions covering the national economy and patrimony, the State shall give preference to qualified Filipinos, it means just that qualified Filipinos must be preferred. (Manila Prince Hotel v. GSIS, G.R. No. 118295, May 2, 1997, 267 SCRA 408 [Bellosillo]) Give examples of non-self executing provisions of the Constitution.
Held: By its very nature, Article II of the Constitution is a declaration of principles and state policies. These principles in Article II are not intended to be self-executing principles ready for enforcement through the courts. They are used by the judiciary as aids or as guides in the exercise of its power of judicial review, and by the legislature in its enactment of laws. As held in the leading case ofKilosbayan, Incorporated v. Morato (246 SCRA 540, 564, July 17, 1995), the principles and state policies enumerated in Article II and some sections of Article XII are not self-executing provisions, the disregard of which can give rise to a cause of action in courts. They do not embody judicially enforceable constitutional rights but guidelines for legislation. (Tanada v. Angara, 272 SCRA 18 [1997], En Banc [Panganiban])

When are acts of persons considered State action covered by the Constitution?
Held: In constitutional jurisprudence, the act of persons distinct from the government are considered state action covered by the Constitution (1) when the activity it engages in is a public function; (2) when the government is so significantly involved with the private actor as to make the government responsible for his action; and (3) when the government has approved or authorized the action. (Manila Prince Hotel v. GSIS, 267 SCRA 408 [1997]

[Bellosillo])