CONSTITUTIONAL LAW

REVIEW
ATTY. JOHN PAUL B. CUBERO
St. Marys College of Tagum Inc.
College of Law
SY 2016-17
Session 1

I. POLITICAL LAW
A. Definition of Political Law
Branch of public law which deals with the organization and
operation of the governmental organs of the state and defines
the relations of the state with the inhabitants of its territory.
(Macariola v. Asuncion; 114 SCRA 77)

Public law is understood as dealing with matters affecting the

state, the act of state agencies, the protection of state interests.

Private law deals with the regulation of the conduct of private

individuals in their relation with one another.

As thus conceived public law consists of political law, criminal

law and public international law. Private law includes civil and
commercial law.
(Vicente Sinco, Philippine Political Law 1, 10th ed., 1954.)

I. POLITICAL LAW
B. Subdivisions of Political Law
1. Law of public administration
2. Constitutional law
3. Administrative law
4. Law of public corporations

(Vicente Sinco, Philippine Political Law 1, 10th ed., 1954.)

I. POLITICAL LAW
C. Basis of Philippine Political Law
The principles of government and political law of the Philippines are fundamentally
derived from American jurisprudence. This conditions was the inevitable outcome of
the establishment of the American rule in the Philippines. When Spain ceded the
Phils. to the US, the Spanish Political laws were automatically displaced by those of
the US.
(Vicente Sinco, Philippine Political Law 1, 10th ed., 1954.)
1.) 1987 Constitution
2.) 1973 and 1935 Constitution
3.) Other organic laws made to apply to Philippines (e.g. Phil Bill of 1902, Jones Law
of 1916 and Tydings-McDuffie Law of 1934)
4.) Statutes, Executive Orders and decrees and judicial decisions
5.) US Constitution
(Justice Nachura, Reviewer in Political Law, 2006)

II. CONSTITUTION
A. Definition of Constitution
Comprehensive Definition:
That body of rules and maxims in accordance with which the powers of
sovereignty are habitually exercised. (Cooley, Constitutional Limitations, p.4)
With particular reference to the Philippine Constitution:
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 several departments for their
safe and useful exercise for the benefit of the body politic. (Malcolm, Philippine
Constitutional Law, p. 6)
American sense: A constitution is a written instrument by which the
fundamental powers of government are established, limited, and defined and by
which these powers are distributed among several departments, for their more
safe and useful exercise, for the benefit of the body politic. (Justice Miller quoted
by Bernas)
In other words: It is the supreme written law of the land. (People v. Pomar,
46 Phil 440.)

II. CONSTITUTION
B. Philosophical View of the Constitution
The Constitution is a social contract. (Marcos v. Manglapus)
Viewed in the light of the Social Contract Theories, the Constitution may be considered as
the Social Contract itself in the sense that it is the very basis of the decision to constitute a
civil society or State, breathing life to its juridical existence, laying down the framework by
which it is to be governed, enumerating and limiting its powers and declaring certain
fundamental rights and principles to be inviolable.
The Constitution as a political document may be considered as the concrete manifestation
or expression of the Social Contract or the decision to abandon the state of nature and
organize and found a civil society or State.
According to Dean Baustista, the Constitution is a social contract between the
government and the people, the governing and the governed. In other words, the
government is only a creature of the Constitution. Hence, the government cannot be a
party to a contract that creates it. In the 1987 Philippine Constitution, it reads, We the
sovereign Filipino peoplein order to build a society and establish a government
ordain and promulgate this Constitution.)
According to Dean Bautista, the Constitution reflects majoritarian values but defends
minoritarian rights. Majoritarianism is a traditional political philosophy which asserts that a
majority of the population is entitled to a certain degree of primacy in the society, and has
the right to make decisions that affect the society.
(Andres D. Bautista, Introduction to Constitutional Law, 2007)

II. CONSTITUTION
C. 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, and to establish certain first principles on which the
government is founded. (11 Am. Jur. 606 cited in Cruz & Nachura)
Why would a society generally committed to majority rule
choose to be governed by a document that is difficult to
change?
a) To prevent tyranny of the majority
b) Societys attempt to protect itself from itself.
c) Protecting long term values form short term passions.10

(Andres D. Bautista, Introduction to Constitutional Law; 2007.)

II. CONSTITUTION
D. Constitution as a Municipal Law
A constitution is a municipal law. As such, it is binding
only within the territorial limits of the sovereignty
promulgating the constitution.
(Bernas Commentary, p 5 ;2003 ed).

II. CONSTITUTION
E. Classification
1.) As to amendment
Rigid constitution is one that can be amended only by a formal and usually difficult
process; while a flexible constitution is one that can be changed by ordinary legislation.
2.) As to form
A written constitution is one whose precepts are embodied in one document or set of
documents; while an unwritten constitution consists of rules which have not been
integrated into a single, concrete form but are scattered in various sources, such as
statues of a fundamental character, judicial decisions, commentaries of publicists, customs
and traditions, and certain common law principles.
3.) As to enactment
An enacted or conventional constitution is enacted, formally struck off at a definitive time
and place following a conscious or deliberate effort taken by a constituent body or ruler;
while a cumulative or evolved is the result of political evolution, not inaugurated at any
specific time but changing by accretion rather than by systematic method.
The Constitution of the Philippines is written, conventional and rigid.
(Cruz, Constitutional Law p. 4-5)

II. CONSTITUTION
F. Qualities of a Good Written Constitution
1. Broad
Because it provides for the organization of the entire government and covers all
persons and things within the territory of the State and also because it must be
comprehensive enough to provide for every contingency.
2. Brief
It must confine itself to basic principles to be implemented with legislative details
more adjustable to change and easier to amend.
3. Definite
To prevent ambiguity in its provisions which could result in confusion and
divisiveness among the people.
(Cruz, Constitutional Law p. 5-6)

II. CONSTITUTION
G. Essential Parts of a Good Written Constitution
1. Constitution of government
The series of provisions outlining the organization of the government, enumerating its
powers, laying down certain rules relative to its administration and defining the
electorate. (ex. Art VI, VII, VIII,IX, X, XI)

2. Constitution of liberty
The 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. (Ex. Article III, IV, V, and XII)

3. Constitution of sovereignty
The provisions pointing out the mode or procedure in accordance with which formal
changes in the fundamental law may be brought about. (Ex. Art XVII)
(Nachura, Reviewer in Political Law, 2006)

II. CONSTITUTION
G. Interpretation/Construction of the Constitution
In Fransisco v. House of Representatives (GR 160261;2003) and Civil Liberties Union v.
Executive Secretary (194 SCRA 117), the Supreme Court made reference to the use of wellsettled principles of constitutional construction, namely:
1. Verba Legis
Plain meaning rule. Whenever possible the words used in the Constitution must be given
their ordinary meaning except when technical terms are employed. As the
Constitution is
not primarily a lawyers document, it being essential for the rule of law
to obtain that it should
ever be present in the peoples consciousness, its language as much as possible should be
understood in the sense they have a common use.
2. Ratio legis et anima
Interpretation according to spirit. The words of the Constitution should be
interpreted
in accordance with the intent of the framers. The Court in construing the Constitution should
bear in mind the object sought to be accomplished and the evils
sought to be prevented or
remedied. A doubtful provision shall be examined in light
of the history of the times and the
conditions and circumstances under which the
Constitution was framed.
3. Ut magis valeat quam pereat.(It is better for a thing to have effect than to be made void.)
The constitution has to be interpreted as a whole. Sections bearing on a particular subject
should be considered and interpreted together as to effectuate the whole purpose of the
Constitution and one section is not to be allowed to defeat another, if by any reasonable
construction, the two can be made to stand together.
Antonio B. Nachura, Outline/Reviewer in Political Law (2006 ed.)

II. CONSTITUTION
G. Interpretation/Construction of the Constitution
Other rules of construction:
Rule of liberality
It should be liberally construed in order that it may accomplish the high objectives for which it was
enacted and to carry out the general principles of government. (Black, Interpretation of laws)
Rule of Uniformity
Constitutional provisions should have a consistent and uniform interpretation, so that they shall
not be taken to mean one thing at one time and another thing at another time, even though the
circumstances may have so changed as to make a different rule seem desirable. (South Carolina
v. US)
Rule of Practicality
The established practical construction of a constitution should not be disregarded unless the
terms of the provisions furnish clear and definite support for a contrary construction. (Smiley v.
Holm)
Rule of Harmony
Whenever possible, the conflicting provisions of the constitution should be harmonized. If there
are two conflicting provisions, one of which is general and the other is special, the latter shall
prevail with respect to its subject matter, since it will be regarded as a limitation to the general
grant. (Johnson v. Duke)
Rule of Implication
Whatever is necessary to render effective every provision of a constitution, whether the same be
a prohibition or a restriction, or a grant of power, must be deemed implied in the provision itself.
(Black, Interpretation of laws)

II. CONSTITUTION
G. Interpretation/Construction of the Constitution
If however, the plain meaning of the word is not found to be clear, resort to
other aids is available. Again in Civil Liberties Union v. Executive Secretary
(194 SCRA 117), it was held that while it is permissible to consult the
debates and proceedings of the constitutional convention in order to arrive
at the reason and purpose of the resulting Constitution, resort thereto may
be had only when other guides fail as said proceedings are powerless to
vary the terms of the Constitution when the meaning is clear. We think it
safer to construe 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 framersunderstanding thereof.
In case of doubt, the provisions should be considered self-executing;
mandatory rather than directory; and prospective rather than retroactive.
To give a retroactive effect would have unsettling effect on the
administration of justice. Likewise, liability of a retroactive application will
cause disturbance of prior vested rights. (Peralta v. Director of Prisons)
Antonio B. Nachura, Outline/Reviewer in Political Law (2006 ed.)

II. CONSTITUTION
I. Permanence and Generality of the Constitution
A constitution differs from a statute, it is intended not merely to meet
existing conditions, but to govern the future. It has been said that the
term constitution implies an instrument of a permanent nature
(Ruling Case Law, vol.6, p16)

J. Brief Constitutional History

1. Malolos Constitution
2. The American Regime and the Organic Acts
3. The 1935 Constitution
4. The Japanese (Belligerent) Occupation
5. The 1973 Constitution
6. The 1987 Constitution

II. CONSTITUTION
K. The 1987 Philippine Constitution
The 1987 Constitution is the 4th fundamental law to govern the Philippines since it became independent on July
4, 1946.
Background of the 1987 Constitution
1. Proclamation of the Freedom Constitution
a. Proclamation No. 1, February 25, 1986, announcing that she (Corazon Aquino) and VP Laurel were
assuming power.
b. Executive Order No.1, (February 28, 1986)
c. Proclamation No.3, March 25, 1986, announced the promulgation of the Provisional (Freedom)
Constitution, pending the drafting and ratification of a new Constitution. It adopted certain provisions in the
1973 Constitution, contained additional articles on the executive department, on government reorganization, and
on existing laws. It also provided of the calling of a Constitutional Commission to be
composed of 30-50
members to draft a new Constitution.
2. Adoption of the Constitution
a. Proclamation No. 9, creating the Constitutional Commission of 50members.
b. Approval of the draft Constitution by the Constitutional Commission on October 15,1986
c. Plebiscite held on February 2, 1987
d. Proclamation No. 58, proclaiming the ratification of the Constitution.
3. Effectivity of the 1987 Constitution: February 2, 1987 (the date of its ratification in the plebiscite which was
held on that same date and not on the date its ratification was proclaimed (De Leon v. Esguerra, 08/30/1987)

II. CONSTITUTION
K. The 1987 Philippine Constitution
Features of 1987 Constitution
1. The new Constitution consists of 18 articles and is excessively
long compared to the1935 and 1973 constitutions.
2. The independence of the judiciary has been strengthened with
new provisions for appointment thereto and an increase in its
authority, which now covers even political questions formerly beyond
its jurisdiction.
3. The Bill of Rights of the Commonwealth and Marcos constitutions
has been considerably improved in the 1987 Constitution and even
bolstered with the creation of a Commission of Human Rights.
(Cruz, Political Law. 2006)

II. CONSTITUTION
K. The 1987 Philippine Constitution
Parts of the1987 Constitution
Preamble
Article I National Territory
Article II Declaration of Principles and State Policies
Article III Bill of Rights
Article IV Citizenship
Article V Suffrage
Article VI Legislative Department
Article VII Executive Department
Article IX Constitutional Commissions
Article X Local Government
Article XI Accountability of Public Officers
Article XII National Economy and Patrimony
Article XIII Social Justice and Human Rights
Article XIV Education, Science and Technology, Arts, Culture and Sports
Article XV The Family
Article XVI General Provisions
Article XVII Amendments or Revisions
Article XVIII Transitory Provisions

II. CONSTITUTION
K. The 1987 Philippine Constitution
Amendments and Revisions
Distinguish amendment and revision
Amendment broadly refers to a change that adds, reduces, deletes, without altering the basic
principle involved and generally affects only the specific provision being amended. On the other
had, revision broadly implies a change that alters a basic principle in the constitution or the
substantial entirety of the constitution and generally affect several provisions of the constitution.
(Lambino v. Comelec, October 25, 2006)
Steps involved in the amendatory or revision process
a.) proposal; andb.) ratification
How can proposal under the constitution be made?
1.) Congress acting as a constituent assembly by a voter of of all members voting separately
2.) constitutional convention called either by 2/3 of all the members of the Congress or by
majority of all the members of the Congress, with the question of whether to call for a
constitutional convention to be resolved by the people in a plebiscite
3.) peoples initiative through a petition of at least 12% of the total number of voters of which
every legislative district must be represented by at least 3% of the registered voters therein.

Note: This mode may not be used within five years following the ratification of the 1987
constitution nor oftener than once every 5 years thereafter.

II. CONSTITUTION
K. The 1987 Philippine Constitution
Amendments and Revisions
How is ratification made?
Proposed amendment(s) shall be submitted to the people and shall be deemed ratified by the
majority of the votes cast in a plebiscite, held not earlier than 60 days nor later than 90 days.
1.) after approval of the proposal by Congress or Constitutional Convention; or
2.) after certification by the COMELEC of sufficiency of petition of the people.
What are the modes of revising the constitution?
a.) by congress, upon a vote of of all its members; or
b.) by a constitutional convention
Is peoples initiative an available means in revisions of the constitution?
No, peoples initiative is not a mode of revision.
What are the tests that must be met for a peoples initiative for amendments to be valid?
Quantitative test w/n the proposed change 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 of the change; and
Qualitative test w/n the change will accomplish such far reaching changes in the nature of our
basic governmental plan as to amount to a revision. Whether there is an alteration in the
structure of government is a proper subject of inquiry. (Lambino v. COMELEC, October 25, 2006)

II. CONSTITUTION
K. The 1987 Philippine Constitution
Amendments and Revisions
Can proposed amendments to the Constitution be submitted at a plebiscite which is
scheduled on the same day as the regular elections?
The circumstances that the previous amendment to the Constitution had been submitted to
the people for ratification in special elections merely shows that Congress deemed it best
to do so, under the circumstances then obtaining. It does not negate its authority to submit
proposed amendments for ratification in general elections. (Gonzales v. COMELEC)

Is the power to amend or revise the Constitution included in the general grant of
legislative power to Congress?
No, it is not included. It is part of the inherent powers of the people as the repository of
sovereignty in a Republican State. It cannot be exercised by Congress unless expressly
granted to it in the Constitution. Congress may propose amendments to the Constitution
merely because the same expressly grants such power. Thus, when exercising the same,
it is said that the Senators and members of the House of Representatives act, not as
members of Congress, but as component elements of a constituent assembly. When
acting as such, the members of Congress derive their authority from the Constitution,
unlike the people, when performing the same function, for their authority does not emanate
from the constitution they are the very source of all powers of government, including the
Constitution itself. (Gonzales v. COMELEC)

II. CONSTITUTION
K. The 1987 Philippine Constitution
Amendments and Revisions
Is an amendment or revision and ratification of the constitution a justiciable
question?
Yes, it is a justiciable question. (Javellana v. Executive Secretary, 1973)
The amending process both as to proposal and ratification, raises a judicial question.
This is specifically true in cases where the power of the President to initiate the
amending process by a proposal or amendment, a function normally exercised by the
legislature, is seriously doubted.(Sanidad v. COMELEC)
Can the constitution be validly amended by transposition?
No, the constitution cannot be validly amended by transposition. The constitution can
only be validly amended by the three (3) modes explicitly enumerated in Sections 1
and 2, Article XVII. Amendment by transposition is not one of them, hence,
impermissible. (Bautista v. Salonga, 1989)

II. CONSTITUTION
K. The 1987 Philippine Constitution
Self-Executing and Non-Self-Executing Provisions
A provision which lays down a general principle is usually not self-executing. But a
provision which is complete in itself and becomes operative without the aid of
supplementary or enabling legislations, or that which supplies a sufficient rule by
means of which the right it grants may be enjoyed or protected, is self-executing.
What are the self-executing provisions of the constitution?
Self-executing provisions are immediately effective without the need of legislation;
those which the nature and extent of the right conferred and the liability imposed are
fixed by the Constitution itself. (Manila Prince Hotel v. GSIS) e.g. Provisions under
the Bill of Rights, Art. II, Sec. 16 of the 1987 Constitution on the right to a balanced
and healthful ecology. (Oposa v. Factoran)

What are the non-self-executing provisions of the constitution?

Non-self-executing provisions lay down a general principle, and merely indicate the
principles without laying down rules giving them the force of law. The disregard of
such provisions does not give rise to any cause of action before the courts.
(Pamatong v. COMELEC)

III. CONSTITUTIONAL LAW

A. Concept of Constitutional Law
Constitutional law is a body of rules resulting from the interpretation by a
high court of cases in which the validity, in relation to the constitutional
instrument, of some act of governmenthas been challenged. (Bernas
Commentary xxxviii)
Constitutional law is a term used to designate the law embodied in the
constitution and the legal principles growing out of the interpretation and
application made by courts of the constitution in specific cases. (Sinco, Phil.
Political Law)
Constitutional law is the study of the maintenance of the proper balance
between authority represented by the three inherent powers of the State and
liberty as guaranteed by the Bill of Rights. (Cruz, Constitutional Law)
Constitutional law consist not only of the constitution, but also of the cases
decided by the Supreme Court on constitutional grounds, i.e., every case
where the ratio decidendi is based on a constitutional provision. (DefensorSantiago, Constitutional Law)

III. CONSTITUTIONAL LAW

B. Types of Constitutional Law
1. English type
Characterized by the absence of a written constitution
2. European continental type
There is a written constitution which gives the court no power to
declare ineffective statutes repugnant to it.
3. American type
Legal provisions of the written constitution are given effect through
the power of the courts to declare ineffective or void ordinary
statutes repugnant to it.

(Vicente Sinco, Philippine Political Law 67, 10th ed., 1954.)

III. CONSTITUTIONAL LAW

C. Weight of American Jurisprudence
In the case of Francisco v. HR, (2003) The Supreme Court speaking through
Justice Carpio Morales opined:
American jurisprudence and authorities, much less the American Constitution,
are of dubious application for these are no longer controlling within our
jurisdiction and have only limited persuasive merit insofar as Philippine
constitutional law is concerned.
As held in the case of Garcia vs. COMELEC, "[i]n resolving constitutional
disputes, [this Court] should not be beguiled by foreign jurisprudence some of
which are hardly applicable because they have been dictated by different
constitutional settings and needs.
Indeed, although the Philippine Constitution can trace its origins to that of the
United States, their paths of development have long since diverged. In the
colorful words of Father Bernas, "[w]e have cut the umbilical cord."
(But see the case of Neri v. Senate Committees where the Court cited many American
cases)

IV. BASIC CONCEPTS

A. Constitutionalism
Constitutionalism refers to the position or practice that
government be limited by a constitution.
The doctrine or system of government in which the
governing power is limited by enforceable rules of law,
and concentration of power is limited by various
checks and balances so that the basic rights of
individuals and groups are protected.

IV. BASIC CONCEPTS

B. Philippine Constitutionalism
Constitutionalism in the Philippines, understood in the American
sense, dates back to the ratification of Treaty of Paris.
Then it grew from a series of organic documents. These are:
(1) Pres. Mc Kinleys Instruction to the Second Phil. Commission,
(2) Phil. Bill of 1902,
(3) Phil. Autonomy Act of 1916.

(Bernas,Commentary xxxvii)

IV. BASIC CONCEPTS

C. Doctrine of Constitutional Supremacy
(2004 Bar Exam Question)
If a law violates any norm of the constitution, that law is null and void; it has
no effect. (This maybe an overstatement, for a law held unconstitutional is
not always wholly a nullity)
The American case of Marbury v. Madison laid down the classic statement
on constitutional supremacy It is a proposition too plain to be contested,
that the Constitution controls any legislative act repugnant to it.
Constitutional supremacy produced judicial review. (Defensor Santiago,
Constitutional Law 7)
A constitution is a legislation direct from the people acting in their sovereign
capacity, hence it is more superior than an ordinary law or statute which is
merely a legislation from the peoples representatives subject to limitations
prescribed by the Constitution. No man-made laws, therefore can prevail
against the Constitution. (Suarez, 2011)

IV. BASIC CONCEPTS

D. Republicanism
(Bar Exam Question)

A republic is a representative government, a government run by and for

the people. It is not a pure democracy where the people govern
themselves directly. The essence of republicanism is representation and
renovation, the selection by the citizenry of a corps of public
functionaries who derive their mandate from the people and act on their
behalf, serving for a limited period only, after which they are replaced or
retained, at the option of their principal.
Obviously, a republican government is a responsible government whose
officials hold and discharge their position as a public trust and shall,
according to the Constitution, 'at all times be accountable to the people'
they are sworn to serve. The purpose of a republican government it is
almost needless to state, is the promotion of the common welfare
according to the will of the people themselves. "
(Cruz, Political Law; as quoted by the Supreme Court in Frivaldo v. COMELEC)
(More discussion of Republicanism under Article II)

IV. BASIC CONCEPTS

E. Principle of Separation of Powers

Essence.
In essence, separation of powers means that legislation belongs to
Congress, execution to the executive, settlement of legal controversies to
the judiciary. Each is prevented from invading the domain of others.
(Bernas, Commentary 656, 2003 ed.)

Division and Assignment.

Its starting point is the assumption of the division of the functions of the
government into three distinct classesthe executive, the legislative and
the judicial. Its essence consists in the assignment of each class of
functions to one of the three organs of government. (Cruz, Political Law.)

Theory.
The theory is that a power definitely assigned by the Constitution to one
department can neither be surrendered nor delegated by that
department, nor vested by statute in another department or agency.
(Williams v. US, 289 US 553;1933).

IV. BASIC CONCEPTS

E. Principle of Separation of Powers

Reason.
The underlying reason of this principle is the assumption that
arbitrary rule and abuse of authority would inevitably result from
the concentration of the three powers of government in the same
person, body of persons or organ. (Vicente Sinco, Philippine
Political Law 131, 10th ed., 1954.)
More specifically, in Pangasinan Transportaion Co. v. PSC, (40
O.G., 8th Supp. 57). according to Justice Laurel, the doctrine of
separation of powers is intended to:
1. Secure action;
2. To forestall overaction;
3. To prevent despotism; and
4. To obtain efficiency.

IV. BASIC CONCEPTS

E. Principle of Separation of Powers

History
Separation of powers became the pith and core of the American system
of government largely through the influence of the French political writer
Montesquieu. By the establishment of the American sovereignty in the
Philippines, the principle was introduced as an inseparable feature of the
governmental system organized by the United States in this country. (US
v. Bull, 15 Phil 7, 27.)

Limitations on the Principle

1. System of Checks and Balances
2. Existence of overlapping powers*
*The power of appointment is one of these. Although this

is executive in nature, it may however be validly exercised by

any of the three departments in selecting its own
subordinates
precisely to protect its independence.
(Vicente Sinco, Philippine Political Law 136, 10th ed., 1954).

IV. BASIC CONCEPTS

F. Checks and Balances

The Constitution fixes certain limits on the

independence of each department. In order that
these limits may be observed, the Constitution
gives each department certain powers by which
it may definitely restrain the other from
exceeding their authority. A system of checks
and balances is thus formed
(Vicente Sinco, Philippine Political Law 136, 10th ed., 1954).

IV. BASIC CONCEPTS

F. Checks and Balances
To carry out the system of checks and balances, the Constitution provides:
1. The acts of the legislative department have to be presented to the executive for
approval or disapproval.
2. The executive department may veto the acts of the legislature if in its judgment
they are not in conformity with the Constitution or are detrimental to the
interests of the people.
3. The courts are authorized to determine the validity of legislative measures or
executive acts.
4. Through its pardoning power, the executive may modify or set aside the
judgments of the courts.
5. The legislature may pass laws that in effect amend or completely revoke
decisions of the courts if in its judgment they are not in harmony with its
intention or policy which is not contrary to the Constitution. (Tarlac v. Gale, 26
Phil. 338)
6. President must obtain the concurrence of Congress to complete certain
significant acts.
7. Money can be released from the treasury only by authority of Congress.
(Bernas, Commentary 656, 2003 ed.)

IV. BASIC CONCEPTS

G. Judicial Review

Definition.
Judicial review refers to the power of the courts to test the validity of governmental acts in
light of their conformity with a higher norm (e.g. the constitution).

Expression of Constitutional Supremacy.

Judicial review is not an assertion of superiority bythe courts over the other departments, but
merely an expression of the supremacy of the Constitution. (Angara v. Electoral
Commission, 63 Phil 139)
Constitutional supremacy produced judicial review, which in turn led to the accepted role of
the Court as the ultimate interpreter of the Constitution. (Cooper v. Aaron, 358 US 1; 1956)

Judicial Review in Philippine Constitution.

Unlike the US Constitution* which does not provide for the exercise of judicial review by their
Supreme Court, the Philippine Constitution expressly recognizes judicial review in Section 5
(2) (a) and (b) of Article VIII of the Constitution.
*The case of Marbury v. Madison established the doctrine of judicial review as a core legal
principle in American constitutional system: So if a law be in opposition to the constitution;
of both the law and the constitution apply to a particular case, so that the court must either
decide that case conformably to the law, disregarding the constitution; or conformably to the
constitution, disregarding the law; the court must determine which of these conflicting rules
governs the case. This is the very essence of judicial duty.
(More discussion of Judicial Review under Article VIII)

IV. BASIC CONCEPTS

H. Due Process

Origin:
By the 39th chapter of the Magna Carta wrung by the barons from King John, the despot promised
that no man shall be taken, imprisoned or disseized or outlawed, or in any manner destroyed; nor
shall we go upon him, nor send him, but by the lawful judgment of his peers or by the law of the
land.
In 1335, King Edward IIIs Statute 28 declared that no man, of what state or condition whoever be,
shall be put out of his lands, or tenements, nor taken, nor imprisoned, nor indicted, nor put to death,
without he be brought in to answer by due process of law. It is this immortal phrase that has
resounded through the centuries as the formidable champion of life, liberty and property in allfreedom loving lands. (Cruz, Political Law)

Definition:
The idea that laws and legal proceedings must be fair. Due process is best defined in one wordfairness.
Embodiment of the sporting idea of fair play. (Frankfurter, Mr. Justice Holmes & the Supreme Court
pp 32-33)
It is the responsiveness to the supremacy of reason, obedience, to the dictates of justice. (ErmitaMalate Hotel & Motors Association v. City of Manila)
Due process is a guaranty against arbitrariness on the part of the government. Observance of both
substantive and procedural rights is equally guaranteed by due process. (Tupas v. Court of Appeals)

END OF SESSION 1

THANK YOU!
References:
Outline Reviewer in Political Law (2006) by Justice Antonio B. Nachura
Philippine Political Law (2003) by Justice Isagani Cruz
Philippine Constitutional Law (2003) by Justice Isagani Cruz
Bar Exam Reviewer in Constitutional Law by Aris S. Manguera