Constitutional Construction: Group 9: Carsula, Trazona, Villanueva
Constitutional Construction: Group 9: Carsula, Trazona, Villanueva
Construction
Group 9: Carsula, Trazona, Villanueva
What is the
constitution?
Cooley: that body of rules and maxims in accordance with which
the powers of sovereignty are habitually exercised
CONSTITUTION DEFINED
Legaspi v. Ministry of Finance: Lopez v. De los Reyes:
Commonwealth Freedom
Constitution Constitution
1935 1986
1973 1987
Extraneous
aids
Language of the
Constitution itself
Constitutional Construction Process
Its words should be Where words used in a A word or phrase in one part
given their ordinary of the constitution is to
constitution have both
meaning.
restricted and general receive the same
Ordillo v. COMELEC
Lozada v. COMELEC
● The term “Batasang Pambansa,” which means the regular national assembly,
found in many sections of the 1973 Constitution refers to the regular, not to the
interim Batasang Pambansa
● Rule: Words which have acquired a technical meaning before they are used in
the constitution must be taken in that sense when such words as thus used
are construed.
Extraneous Aids
RULE
EXCEPTION
when the framers’ idea of concept does not show in the statement or if it has
multiple construction.
Proceedings of the convention
“One section is not to be allowed to defeat one another and the court
must harmonized them”
e.g.:
Express Examples:
Eg:
Expressly provided
▣ Held: NO. The Court held that all of the provisions regarding the aforesaid issue are
constitutional. Verba legis is not applicable to the terms of the constitution which
state that the “ agreements involving either technical or financial assistance” under
paragraph 4, section 2 of Article XII of the 1987 Constitution. The omission of the term
“service contracts” does not mean to ban service contracts per se. By specifying the
phrase, “agreements involving assistance”, there is implied assent to everything that
these agreements necessarily entailed provided that Philippine Sovereignty over
natural resources and full control over the enterprise undertaking the exploration,
development, and utilization activities remain firmly in the State. The deliberations of
the Constitutional Commission are also of the idea that they were not about to ban or
eradicate service contracts.
Illustrative cases in
constitutional construction
Senate of the Philippines v. Ermita G.R. No. 169777, April 20, 2006
▣ Issue: Whether or not Executive Order No. 454, which bars the appearance of
executive officials from appearing and being asked questions before legislative
bodies or committee without presidential consent, is constitutional.
▣ Held: NO. The Court held that the Executive Order is unconstitutional since it
allows the executive branch to evade congressional requests for information
without need of clearly asserting a right to do so and /or proffering its reasons
therefor. The power of congress to conduct inquiries in aid of legislation is
frustrated.