OUTLINE IN CONSTITUTIONAL LAW II
Part 1
I. Introduction
A. The Nature of the Constitution:
a. Definition
b. Purpose
c. Supremacy of the Constitution:
- Provide that the provisions of the constitution are deemed written in every statute and every
contract and that all laws, regulations, and issuances that are contrary to the constitution are null
and void. – without force and effect.
- It is the supreme law to which all other laws must conform and in accordance with which all private
rights must be determined all public authority administered.
d. Classification of the Constitution:
1. Written- is one whose precepts are into one document or set of documents.
2. Unwritten- consists of rules which have not been integrated into a single, concrete
form. These rules may include statutes of a fundamental character, judicial decisions,
customs and traditions, and certain common law principles.
3. Conventional- is an enacted constitution, formally “struck off” at a definite time and
place following conscious effort taken by constitutional body.
4. Cumulative- by contract, is the result of political evolution “not inaugurated at any
specific time but changing by accretion rather than by any systematic method.
5. Rigid Constitution- is one that can be amended only by a formal and usually difficult
process.
6. Flexible- is one that can be changed by ordinary legislation.
Note: Philippine constitution is written, conventional, and rigid.
e. Essential qualities of written constitution:
f. Essential parts of a written constitution
g. Permanence of the constitution
- One advantage of the written, conventional, and rigid constitution is its permanence or its
capacity to resist capricious changes dictated not by legitimate needs but only by-passing
fancies temporary passions or occasional infatuations of the people with ideas or
personalities. “A constitution must be firm and immovable, like a mountain amidst the strife
of storms or a rock in the ocean amidst the raging waves”-Justice George Sutherland, an
Associate Justice of the U.S. Supreme Court. Such a constitution is not likely to be easily
tampered with to suit political expediency, personal ambitious or ill-advised agitation for
changes. But the virtue of permanence may at the same time be a disadvantage where the
written constitution is unable to adjust to the genuine need for change brought about by
new conditions and circumstances.
h. Interpretation of the constitution
General Rule: ( Verbal Legis )
Exception: If the text of the statute is/are
i. Amendment or revision: Article XVII of that the constitution may be changed either by
amendment or revision.
Amendment Revision
- A change that Adds, Reduces, deletes - Is the rewriting or overhauling of the
without altering the basic principle entire instrument.
involve. Such as branches of the govt. - A change that alters a basic principle in
and check balances. the Constitution, like altering the
- Change or alteration for the better, an separation of powers or the system of
amendment or change within the lines of checks and balance.
the original instrument which will bring - Alters the substantial entirety of the
about improvement.
- Only specific provision is amended. Constitution.
Two test to determine whether there is amendment or revision.
Quantitative Test Qualitative Test
This test asks whether the proposed change is This test inquires into the qualitative effects of
“so extensive” in its provisions as to change the proposed change in the Constitution
directly the “substantial entirety” of the (whether the change will accomplish such far
Constitution by the deletion or alteration existing reaching changes in the nature of our basic
provisions of numerous. government plan as to amount to a revision.
Through this test, the court examines ONLY the Qualitatively, the proposed changes alter
number of provisions affected and does not substantially the basic plan of government, from
consider the degree of change. presidential to parliamentary, and from
bicameral to a unicameral legislature
i. Procedure: Steps in Amendatory Process (Art. XVII of 1987 Constitution)
st
1 Proposal 2nd Ratification
a. Congress, by a vote of ¾ of all its
members, voting separately. (majority of - Another way of saying an election. Asking the
authorities opine that this is to be people if they have to accept the constitution.
understood as ¾ of the Senate and ¾ of
The proposed amendment shall become part of the
the HR) – Sec.1, Art. XVII
Constitution when ratified by a majority of the votes
b. Constitutional Convention-which may be
cast in a plebiscite held NOT earlier that 60 days nor
called into existence either by a 2/3 vote
later than 90 days AFTER the approval of the
of all members of Congress with the
proposal by Congress or the Constitutional
question of whether or not to call a
Convention, or after the certification by the
convention to be resolved by the people
COMELEC of the sufficiency of the petition for
in a plebiscite. Sec. 3, Art. XVII
initiative under Sec.4, Art.XVII
c. People, through the power of Initiative- a
petition of at least 12% of the total number of
registered voters of which every legislative
district must be represented by at least 3% of
the registered voters therein. Sec. 2
Note: No changes (amendments) to the Constitution can be made through this process (initiative)
within 5 years after the Constitution is approved (in 1987). After that, amendments can only be made
once every five years. – Sec.2, Art. XVII.
Under RA 6735 (An Act Providing for a System of Initiative and Referendum), Initiative is the
power of the people to Propose Amendment to the Constitution, or to propose and enact
legislation through an election called for the purpose.
A referendum is when a proposed law, amendment, or decision made by the government is
put to a vote by the people for approval or rejection. While An initiative is when the people
themselves propose a new law or amendment, or suggest changes to existing laws.
Note: People’s initiative applies only to an Amendment, NOT on Revision
That the constitution may be amended or revised by Congress, upon a vote of
three-fourths of all its Members, “voting jointly, at the call of the senate
president or the speaker of the House of Representatives.”
iii. Judicial review of amendments: Power to review and determine the legality or
constitutionality of amendments made to the Constitution or other laws. In other words, it
means that after an amendment is proposed or passed, the courts can examine whether the
amendment follows the correct procedures outlined in the Constitution or if it violates any
existing laws or rights.
Whether the proper procedures were followed in proposing or ratifying the amendment.
Whether the amendment is consistent with the fundamental principles or rights
guaranteed by the Constitution.
Whether the amendment respects the limits set by the Constitution (like time limits or
approval processes).
Requisites for Judicial Review:
1. There must be an Actual case or controversy- a conflict of legal rights, an assertion of opposite
legal claims which can be resolved on the basis of existing law and jurisprudence Note: a
request for an advisory opinion is not an actual case or controversy
Judicial Review of Amendments The question is now regarded as subject to judicial review, because
invariably, the issue will boil down to whether or not the constitutional provisions had been followed
(Sanidad v. Comelec 78 SCRA 333; Javellana v. Executive Secretary 50 SCRA 50
Cases:
iv. Manila Prince Hotel v. Government Service Insurance System, G.R. No.
122156 (February 3, 1997)
v. Bonifacio Communications Corp. v. National Telecommunications Commission, G.R. No.
201944 (April 19, 2023)
vi. Sameer Overseas Placement Agency, Inc. v. Bajaro, G.R. No. 170029 (November 21, 2012)
vii. Sameer Overseas Placement Agency, Inc. v. Cabiles, G.R. No. 170139 (August 5, 2014)
viii. SRL International Manpower Agency v. Yarza, Jr., G.R. No. 207828 (February 14, 2022)
ix. Collector of Customs v. Villaluz (71 SCRA 356)
x. People v. Pomar (46 Phil. 440)
xi. Lambino v. COMELEC (G. R. No. 174153, October 25, 2006
xii. Imbong v. COMELEC (35 SCRA 28)
xiii. Santiago v. COMELEC (G.R. No. 127325, March 19, 1997
xiv. Mabanag v. Lopez Vito (73 Phil. 1)
xv. Gonzales v. COMELEC (21 SCRA 774)
xvi. Tolentino v. COMELEC (41 SCRA 702)
xvii. Javella v. Executive Secretary (50 SCRA 33)
xviii. Almario v. Alba (127 SCRA 69)
xix. Tañada v. Cuenco (100 Phil. 1101)
xx. Sanidad v. COMELEC (73 SCRA 333)
