Definition, Nature and Concepts of the Constitution Flashcards
May the Congress create a new law reinstating a provision from a previous law that was already declared unconstitutional by the Court?
No. In the heirarchy of our laws, the Constitution is the supreme law of the land and any law, issuance or ordinance in violation thereof is void.
Once a law or provision has been declared null for being contrary to the Constitution, a subsequent reenactment will not cure its nullity.
Is the preamble a source of enforceable rights and obligations?
No. It only sets down the origin, scope and purpose of the Constitution and may be used as an aid in ascertaining vague provisions in the body of the Constitution
What are the three major parts of a constitution?
- Constitution of Sovereignty
- Refers to the provisions pointing out the modes or procedure in accordance with which formal changes may be made. - Constitution of Liberty
- The series of prescriptions setting forth the fundamental civil and political rights of the citizens and imposing limitations on the power of the government as a means of securing the enjoyment of those rights. (Art III) - Constitution of Government
- Provides for a structure and system of government, refers to the provisions outlining the organization of the government, enumerating its powers, laying down certain rules relative to its administration and defining the electorate.
What are the rules on interpretation and construction of the Constitution?
The following must be observed:
- Verba Legis - whenever possible, the words used in the Constitution must be given their ordinary meaning except when technical terms are involved.
- Ratio Legis - The intent of the framers, as well as the history of times, conditions and circumstances under which the Constitution was framed must be considered.
- The constitution must be interpreted as a whole rather than piece-meal
Self-executing vs. Non self-executing provisions.
A provision is self-executing when it is complete by itself and there is no need for any enabling or supporting legislation before a right may be enjoyed or protected.
A non self-executing provision provides only a general principle for executive or legislative action. It may also be used by the courts in their power of judicial review. It does not contain any enforceable rights
What is a republican state?
The sovereignty resides in the elected representatives of the government.
Classifications of governments according to to their legitimacy
De Jure - that which is established by virtue of the authority of a legitimate sovereign.
De Facto - That which is established in defiance of the legitimate sovereign.
Kinds of de facto governments
- That government that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal governments and maintains itself against the will of the latter
- That which is established and maintained by the military who invade and occupy a territory of the enemy in the course of war.
- That which is established as an independent government by the inhabitants of a country who rise in insurrection against the parent state.
External Self-determination
It pertains to the right of all people to free themselves from foreign, colonial or racist domination.
Internal Self-determination
It encapsulates the freedom of people to choose any form of political, economic, social and cultural destiny that they desire.
It is the right of the people of an existing state to exert control over its own constitution and government
Is Congress allowed to postpone the conduct of an election, which in turn extends the terms of elected officials?
No. It is a violation of people’s right to suffrage, namely:
- The postponement must be supported by a legitimate government interest or objective.
- The means employed are unreasonably unnecessary as the savings from one branch (COMELEC) cannot be transferred to another branch (Executive)
- The law unconstitutionally and arbitrarily overreaches the exercise of suffrage, liberty and expression
Can the BIR deny a tax refund derived as a benefit from a tax treaty for failure to strictly comply with the provisions of a revenue memorandum issued by them?
No.
Our constitution provides for adherence to the general principles of international law as part of the law of the land, one among which is pacta sunt servanda
Treaties have the force and effect of of law in this jurisdiction
Hence, the BIR must not impose additional requirements that would negate the availment of the reliefs provided for under tax treaties.
Differentiate amendments and revisions.
Amendments pertain to a change in the Constitution that adds, reduces ore deletes without altering the basic principle involved.
Revision alters a basic principle in the Constitution such as the separation of powers, it usually affects several provisions of the constitution.
Two sets in determining whether a proposed change in the Constitution is considered an amendment or a revision
Qualitative Test - focuses on the possible implications of the proposed change and its far-reaching effects on the nature of our basic governmental plan.
Quantitative Test - Examines the number of provisions affected.
Doctrine of proper submissions.
All proposed amendments to the Constitution must be presented to the people for ratification or rejection at the same time and not on a piece-meal manner.
This is to ensure that voters have ample basis for intelligent appraisal of the nature of the amendment.
What are the requisites of a valid proposal from the people to amend the Constitution?
- The people themselves must be the author and personally sign the entire proposal
- The entire proposal must be embodied in the petition.
Modes of amending the Constitution?
Constituent Assembly - Vote of at least 3/4 of all the members of Congress. Any amendment or revision shall only be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than 60 days or later than 90 days of the approval of the amendment or revision
Constitutional Convention - May be called into existence by a vote of at least 2/3 of all of its members
People’s Initiative - Upon petition of at least 12% if the total number of registered voters, and at least 3% of the registered voters in every legislative district must be represented
Initiative vs. Referendum
Initiative pertains to the power of the people to directly propose amendments to the constitution or enact legislation thru an election.
A referendum pertains to the power of the electorate to approve or reject a legislation through an election called for the purpose.
