Constitutional Law I Notes

CONSTITUTIONAL LAW I
ISAGANI CRUZ
I. CONSTITUTIONAL LAW
- The study of maintenance of proper balance between authority as represented by the three
inherent powers of the State and liberty.
- Effect an equilibrium between authority and liberty so that rights are exercised within the
framework of laws.
II. THE FUNDAMENTAL POWERS OF THE STATE

- Co-existence with the State
1. POLICE POWER
o Power of the state to regulate liberty and property for the promotion of the general
welfare.
2. EMINENT DOMAIN
o Enables the state to forcibly acquire private property, upon payment of just
compensation, for some intended public use.
3. TAXATION
o The state can demand from members of society their proportionate shares or
contribution in the maintenance of the government.
III. CONSTITUTION
- “The 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 benefits
of the body politic.” – Justice Malcolm
- Constitution 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. The
constitution must ever remain SUPREME.
o Basic
 ORGANIC LAW
 Where all the other laws spring from
o Paramount
o Supreme
IV. CLASSIFICATION OF THE CONSTITUTION

- The Philippine constitution is WRITTEN, CONVENTIONAL and RIGID.
- The advantage of written, conventional and rigid constitution is its PERMANENCE, or
its capacity to resist capricious or whimsical changes. The constitution must be firm and
immovable so that it is not likely to be easily tampered with to suit political expediency,
personal ambitions or ill-advised agitation for change.
1. WRITTEN OR UNWRITTEN
o Written constitution – one whose precepts are embodied in one document or set of
documents.
o 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.
o Constitution does not always need to be written.
2. CONVENTIONAL OR CUMULATIVE
o Conventional constitution – enacted constitution; formally “struck off” at a definite
time and place following a conscious or deliberate effort taken by a constituent
body or ruler.
o Cumulative constitution – evolved constitution; the result of political evolution,
“not inaugurated at any specific time but changing by accretion rather than by
systematic method.”
3. RIGID OR FLEXIBLE
o Rigid constitution – can only be amended by formal and usually difficult process
o Flexible constitution – can be changed by ordinary legislation
V. ESSENTIAL QUALITIES OF THE WRITTEN CONSTITUTION

- BROAD, BRIEF and DEFINITE.
VI. ESSENTIAL PARTS OF THE WRITTEN CONSTITUTION

1. LIBERTY
o Fundamental civil and political rights of the citizens and limitations on the powers
of government
o Civil and political rights
2. GOVERNMENT
o Organization of the government, enumerating its powers, etc.
o Structure and power of government
3. SOVEREIGNTY
o Mode or procedure in accordance with which formal changes in the fundamental
law may be brought about.
o Rules and procedure regarding changes in the constitution
o Different from SOVEREIGN RIGHTS
VII. BASIC INTERPRETATION OF LAW

- The Philippine constitution follows the INTENTIONALIST and PRAGMATIC
INTERPRETATION as a LIVING CONSITUTION – the constitution must change
with the changing times lest it impede the progress of the people with antiquated rules
grown ineffective in a modern age.
1. ORIGINALIST
o Does not evolve over time
o The way it was written and intended at a specific time/period
2. TEXTUALIST
o Actual text
o Do not go beyond the 4 corners
3. INTENTIONALIST
o What it intends to mean
4. PRAGMATIC
o Realist/practical of the time
5. NATURAL
o Higher above constitution
- In case of doubt, the constitution should be considered SELF-EXECUTING rather than

non-self-executing; MANDATORY rather than directory; and PROSPECTIVE rather
than retrospective.
1. SELF-EXECUTING
o By itself is directly or indirectly applicable without need of statutory
implementation.
o There is no need for legislation as it can be enforced by itself.
o Non-self-executing – one that remains dormant unless it is activate by legislative
implementation.
2. MANDATORY
o “As a rule, therefore, whenever the language used in the constitution is prohibitory,
it is to be understood as intended to be a positive and unequivocal negation; and
whenever the language contains a grant of power, it is intended as a mandate, not
a mere direction.”
3. PROSPECTIVE
o Provisions of the constitution should be given only a prospective application unless
the contrary is clearly intended.
VIII. AMENDMENT OR REVISION

- Modification of provisions in the constitution may be affected by amendment or revision.
1. AMENDMENT
o Isolated or piecemeal change only
2. REVISION
o Revamp or rewriting of the whole instrument
- Steps involved in the amendment or revision of the constitution
1. PROPOSAL
o Made directly either by Congress or constitutional convention.
o Congress: vote of at least 3/4 by all the member of the Congress is needed
o Constitutional convention: vote of 2/3 of all the members of the Congress
o Sec. 2, Art. 17: amendment proposed by people through initiative upon petition of
at least 12% of total number of registered voters, of which every legislative district
must be represented by at least 3% of the registered voters therein.
2. RATIFICATION
o Any amendment to or revision shall be valid when ratified by a majority of the
votes cast in a plebiscite held not earlier than sixty days nor later than ninety days
after the approval of such change by the Congress or the constitutional convention
or after the certification by the Commission on Election of the sufficiency of the
petition under sec. 2.
o The requirement for ratification thus involves the people themselves in the
sovereign act of drafting or altering the fundamental law.
- JUDICIAL REVIEW OF AMENDMENTS: the question of validity of the adoption or

amendments of the constitution is regarded now as subject to judicial review. The judiciary
may declare invalid a proposal adopted by less than 3/4 of the members of the Congress,
or a call for constitutional convention by less than 2/3 of the legislature, or ratification
made by less than a majority of the votes cast, or a plebiscite irregularly held.
o REQUISTIES
 Actual case/controversy
 Ripeness
 Ruling can affect, prejudiced or beneficial to parties
 Locus standi
 Personality of petitioners
 Timeliness
 Lis mota
 Core of case
 Main issue
 Cannot be attacked collaterally
IX. THE 4 CONSTITUTION OF THE PHILIPPINES

1. COMMONWEALTH CONSTITUTION
o 1935 constitution
o Continued by its provisions to be operative after the proclamation of the Republic
of the Philippines
2. CONSTITUTION OF 1973
o During the Marcos regime
o Dubious approval and ratification when the country was under martial law
3. FREEDOM CONSTITUTION
o After the people power
o To be effective pending the adoption of 1987 constitution aimed at correcting the
shortcomings of the previous constitutions and eliminating all iniquitous vestiges
of the past regime.
4. CONSTITUTION OF 1987
o Present constitution

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CONSTITUTIONAL LAW I

II. THE FUNDAMENTAL POWERS OF THE STATE

IV. CLASSIFICATION OF THE CONSTITUTION

V. ESSENTIAL QUALITIES OF THE WRITTEN CONSTITUTION

VI. ESSENTIAL PARTS OF THE WRITTEN CONSTITUTION

VII. BASIC INTERPRETATION OF LAW

- In case of doubt, the constitution should be considered SELF-EXECUTING rather than

VIII. AMENDMENT OR REVISION

- Steps involved in the amendment or revision of the constitution

- JUDICIAL REVIEW OF AMENDMENTS: the question of validity of the adoption or

IX. THE 4 CONSTITUTION OF THE PHILIPPINES

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