The Philippine Constitution

Question 1

Political Law (def)

Answer 1

This is the branch of public law which deals with the organization and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory. (People v Perfecto)

Question 2

The subdivisions of Political Law

Answer 2

• The law of public administration
• Constitutional Law
• Administrative Law
• The law of public corparations

Question 3

The subdivisions of Political Law

Answer 3

• The law of public administration
• Constitutional Law
• Administrative Law
• The law of public corparations

Question 4

Constitutional Law (def)

Answer 4

This is the law embodied in the Constitution and the legal principles growing out of the interpretation and application of its provisions by the courts in specific cases.

It is the study of the maintenance of the proper balance between the authority as represented by the three inherent powers of the State and liberty as guaranteed by the Bill of Rights.

Question 5

Constitution (def)

Answer 5

This refers to the body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. (Cooley)

Question 6

Classes of Constitutions

Answer 6

• written vs unwritten
• enacted(conventional) vs evolved (cumulative)
• rigid vs flexible

Question 7

The Date of Effectivity of the 1987 Constitution

Answer 7

February 2, 1987, the date of the plebiscite, and not on the date its ratification was proclaimed [De Leon v. Esguerra, G.R. No. 78059 (1987)].

Question 8

Verba legis (def)

Answer 8

Whenever possible, the words used in the Constitution must be given their ordinary meaning except where technical terms are employed.

Question 9

Ratio legis est anima (def)

Answer 9

Words of the Constitution should be interpreted in accordance with the intent of the framers.

Question 10

Ut magis valeat quam pereat (def)

Answer 10

The Constitution should be interpreted as a whole [Francisco v. House of Representatives, 415 SCRA 44 (2003)].

Question 11

Parts of a Constitution (enum)

Answer 11

1. Constitution of Government: establishes the structure of government, its branches and their operation; e.g. Art. VI, VII, VIII, IX
2. Constitution of Sovereignty: provides how the Constitution may be changed; i.e. Art. XVII
3. Constitution of Liberty: states the fundamental rights of the people; e.g. Art. III [Lambino v. COMELEC, G.R. No. 174153. October 25,

Question 12

Constitutional Amendments (def)

Answer 12

An addition or change within the lines of the original constitution as will effect an improvement, or better carry out the purpose for which it was framed; a change that adds, reduces or deletes without altering the basic principles involved; affects only the specific provision being amended [Lambino v. COMELEC, supra].

Question 13

Constitutional Revisions (def)

Answer 13

A change that alters a basic principle in the constitution, like altering the principle of separation of powers or the system of checks-andbalances; alters the substantial entirety of the constitution, as when the change affects substantial provisions of the constitution [Id.].

Question 14

What is the difference between a constitutional amendment and constitutional revision?

Answer 14

Revision generally affects several provisions of the constitution, while amendment generally affects only the specific provision being amended [Id.]. This distinction is significant because the 1987 Constitution allows people’s initiative only for the purpose of amending, not revising, the Constitution. [See Lambino v. COMELEC, supra].

Question 15

Legal Test in determining whether there is a constitutional amendment of revision? (Lambino)

Answer 15

a. Quantitative test:

The court examines only the number of provisions affected and does not consider the degree of the change.

b. Qualitative test:

The court inquires into the qualitative effects of the proposed change in the constitution.

The main inquiry is whether the change will “accomplish such far reaching changes in the nature of our basic governmental plan as to amount to a revision.” The changes include those to the “fundamental framework or the fundamental powers of its Branches,” and those that “jeopardize the traditional form of government and the system of check and balances.” Whether there is an alteration in the structure of government is a proper subject of inquiry [Lambino v. COMELEC, supra].

Question 16

The 2 Steps in the amendatory process

Answer 16

Proposal

Ratification

Question 17

What are the three different ways of proposing a constitution ammendment?

Answer 17

Through

1. Congress (as Constituent Assembly)
2. Constitutional Convention
3. People

Question 17

What are the three different ways of proposing a constitution ammendment?

Answer 17

Through

1. Congress (as Constituent Assembly)
2. Constitutional Convention
3. People (through People’s Initiative)

1. Congress (as a Constituent Assembly) – a vote of 3/4 of ALL its members.
2. Constitutional Convention – Called into existence by (i) 2/3 of all members of Congress OR (ii) the electorate, in a referendum called for by a majority of all members of Congress [Sec. 3, Art. XVII]
3. People (through a People’s Initiative) – petition of at least 12% of the total number of registered voters; every legislative district must be represented by at least 3% of the registered voters therein
   i.
   Limitation on Initiative: No amendment in this manner shall be authorized (1) within 5 years following the ratification of the 1987 Const. nor (2) more often than once every 5 years thereafter.
   ii. Enabling Law: Constitutional
   provision on amendments via People’s Initiative are not self-executory [Defensor-Santiago v. COMELEC,

Question 18

How is a proposed ammendment to the constitution ratified?

Answer 18

The proposed amendment 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:

a. After approval of the proposal by Congress or ConCon;
b. After certification by the COMELEC of sufficiency of petition of the people.

Question 19

Can a consitutional revision be proposed via a People’s Iniative?

Answer 19

NO

The process of revision is the same in all respects except that it cannot be proposed via a People’s Initiative [See Lambino v. COMELEC, supra].

Question 20

Is “piecemeal submission” - submission of one ammendment ahead of other proposed amendments allowed?

Answer 20

NO.

The entire Constitution must be submitted for ratification at one
plebiscite only. The people must have a proper “frame of reference” [J. Barredo’s Dissent in Tolentino v. COMELEC, G.R. No. L-34150 (1971)]. No “piecemeal submission” is allowed e.g. submission of age amendment ahead of other proposed amendments [Lambino v. COMELEC, supra].

Question 21

Summarize the two stages of Amendatory Process through Congress Constituent Assembly?

Answer 21

1. Proposal - By a vote of ¾ of all its members

2. Ratification - Via Plebiscite, 60-90 days after submission of the amendments

Question 22

Summarize the two stages of Amendatory Process through Constitutional Convention.

Answer 22

1. Proposal - (In practice) Per internal rules, limited by the Doctrine of Proper Submission
2. Ratification - Via Plebiscite, 60-90 days after submission of the amendments

Question 23

Summarize the two stages of Amendatory Process through People’s Initiative.

Answer 23

1. Proposal - Upon COMELEC’s certification of the sufficiency of the petition
2. Ratification - Via Plebiscite, 60-90 days after submission of the amendments

Question 24

Summarize the two stages of revision process through Congress as Constituent Assembly.

Answer 24

Proposal - By a vote of ¾ of all its members

Ratification - Via Plebiscite, 60-90 days after submission of the revision

Question 24

Summarize the two stages of revision process through Congress as Constituent Assembly.

Answer 24

Proposal - By a vote of ¾ of all its members

Ratification - Via Plebiscite, 60-90 days after submission of the revision

Question 25

Summarize the two stages of revision process through Constitutional Convention

Answer 25

Proposal - (In practice) Per internal rules, limited by the Doctrine of Proper Submission

Ratification - Via Plebiscite, 60-90 days after submission of the revision

Question 26

What is the Doctrine of Proper Submission?

Answer 26

Doctrine of Proper Submission: A plebiscite may be held on the same day as a regular election [Gonzales v. COMELEC, G.R. No. L-28196 (1967)]. The entire Constitution must be submitted for ratification at one plebiscite only. The people must have a proper “frame of reference” [J. Barredo’s Dissent in Tolentino v. COMELEC, G.R. No. L-34150 (1971)]. No “piecemeal submission” is allowed e.g. submission of age amendment ahead of other proposed amendments [Lambino v. COMELEC, supra].

Note: The process of revision is the same in all respects except that it cannot be proposed via a People’s Initiative [See Lambino v. COMELEC, supra].

Question 27

What is the general presumption with regards to the whether constitutional provisions are self-executing or not?

Answer 27

All provisions of the constitution are self-executing. “Unless the contrary is clearly intended, the provisions of the Constitution should be considered self-executing” [Manila Prince v. GSIS, 335 Phil. 82 (1997)].

Question 28

What are the exceptions to the general presumption that constitutional provisions are self-executing?

Answer 28

Statements of general principles, such as those in Art. II, are usually not self-executing. [Id.]

• Other examples in jurisprudence: constitutional provisions on personal dignity, sanctity of family life, vital role of the youth in nation-building, values of education, social justice and human rights, promotion of general welfare, vital role of the youth in nation-building, promotion of total human liberation and development are merely guidelines for legislation [Id; citations omitted.]

Exception to the Exception: The (1) right to a balanced and healthful ecology is self-executing [Oposa v. Factoran, G.R. No. 101083(1993)]. The (2) promotion and protection of health [Const., art. II, sec. 15] is also self-executory [Imbong v. Ochoa, G.R. No. 204819, (2014)].
N.B. Other “exceptions” to the exception, e.g. (1) right to information in Art. III [See Legaspi v. CSC, G.R. No. L-72119(1987)] and the (2) Filipino First Policy [See Manila Prince, supra] are self-executing because they actually fall under the general rule.

Question 29

Which constitutional provisions are non-self executing?

Answer 29

Provisions which merely “la[y] down a general principle.” [Manila Prince, supra]. Declaration of principles and state policies are not self-executing [Espina v. Zamora, G.R. No. 143855 (2010)].

Question 30

Can the design of the flag be changed? if yes, how?

Answer 30

Yes. Design of the flag may be changed only by constitutional amendment [BERNAS]

Question 31

How may the name of the country, national anthem, and national seal be changed?

Answer 31

These may be change by Congress by law.

Question 32

When will a law changing the name of the country, national anthem, or national seal take effect?

Answer 32

Such law will only take effect upon ratification by the people in a national referendum.

Question 33

Ownership and management of mass media is limited to :

Answer 33

(i) citizens of the Philippines or

(ii) corporations, cooperatives or associations whollyowned and managed by Filipino citizens

Question 34

Constitutional limitations on the advertising industry

Answer 34

a. Can only be engaged in by (i) Filipino citizens or (ii) corporations or associations at least 70% of which is owned by Filipino citizens
b. Participation of foreign investors is limited to their proportionate share in the capital
c. Managing officers must be Filipino citizens