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FILE No. 4
1. CONCEPTS, PURPOSE OF
a. Definition, purpose of
c. Classified:
e. Essential parts:
1. bills of rights
2. organization and functions of government
3. provision for amendment
i) bills of rights
Powers of Government
Distinction between the guarantees of the Bill of Rights (Art. III) and
the guarantees on Social Justice (Art. XIII)
Functions
f. Preamble:
The phrase “Almighty God” was chosen as being more personal than
“Divine Providence” and therefore more consonant with Filipino
religiosity.
The phrase “ a just and humane society,” The phrase added the notion
that a constitution not merely sets up a government but is also an
instrument for building the larger society of which government is
merely a part.
“to build a just and humane society, and establish a Government that
shall embody our ideals and aspirations, promote the common good,
conserve and develop our patrimony, and secure to ourselves and our
posterity, the blessings of independence and democracy under the rule
of law and a regime of truth, justice, freedom, love, equality, and
peace, do ordain and promulgate this Constitution.
“the rule of law” – this expresses the concept that government
officials have only the authority given them by law and defined by
law … The statement is: “Ours is a rule of law and not of men.”
CASES
While majority of the Supreme Court held that whether or not the
1973 Constitution had been ratified in accordance with the 1935
Constitution was a justiceable question, a majority also held that
whether or not the 1973 Constitution was already in effect, with or
without constitutional ratification, was a political question. The
Court accepted the glaring fact simply that “there is no further
judicial obstacle to the new Constitution being considered in force
and in effect (Javellana vs. Executive Secretary, 50 SCRA 33).
3. CONSTITUTIONAL CONSTRUCTION
CASES
4. SELF-EXECUTING PROVISIONS
CASES
b. 1935 Constitution
1. The first major issue raised by the parties is whether this Court may
inquire into the validity of Proclamation No. 1081. Stated more
concretely, is the existence of conditions claimed to justify the
exercise of the power to declare martial law subject to judicial
inquiry? Is the question political or justiciable in character?
Five (5) justices hold that the question is political and therefore its
determination is beyond the jurisdiction of this Court. They hold
that there is no dispute as to the existence of a state of rebellion in
the country, and on that premise emphasizes the factor of
necessity for the exercise by the President of his power under the
Constitution to declare martial law, holding that the decision as to
whether or not there is such necessity is wholly confided to him
and therefore is not subject to judicial inquiry, his responsibility
being directly to the people. Four (4) other justices who is on the
side of justiciability hold that the constitutional sufficiency of the
proclamation may be inquired into by the Court, and would thus
apply the principle laid down in Lansang although that case refers
to the power of the President to suspend the privilege of the writ of
habeas corpus. The recognition of justiciability accorded to the
question in Lansang, it should be emphasized, is there expressly
distinguished from the power of judicial review in ordinary civil or
criminal cases, and is limited to ascertaining "merely whether he
(the President) has gone beyond the constitutional limits of his
jurisdiction, not to exercise the power vested in him or to
determine the wisdom of his act."
d. 1973 Constitution
CASES
While majority of the Supreme Court held that whether or not the
1973 Constitution had been ratified in accordance with the 1935
Constitution was a justiceable question, a majority also held that
whether or not the 1973 Constitution was already in effect, with or
without constitutional ratification, was a political question. The
Court accepted the glaring fact simply that “there is no further
judicial obstacle to the new Constitution being considered in force
and in effect (Javellana vs. Executive Secretary, 50 SCRA 33).
e. 1986 Snap Presidential Election
CASES
She turned her back on the 1973 Constitution whose officials had
denied her the presidency. She chose instead to govern under a
Provisional Constitution designed to enable her to meet the people’s
challenge. The document of revolutionary defiance was
Proclamation No. 3. Proclamation No. 3 became popularly known as
the “Freedom Constitution.”
CASES
g. 1987 Constitution
CASES
CASES
• The 1987 Constitution took effect on February 2, 1987, the day the
ratification, that is, the day on which the votes of the people were
cast to signify their acceptance of the draft ( De Leon vs Esguerra, 153
SCRA 602).
6. AMENDMENT – Art. XVII
b) Procedure
1. Proposal
a. By
Congress
b. By a Constitutional Convention
Sec. 5 of the Act does not provide for the contents of the provision
for initiative on the Constitutions.
That the Act does not provide a sub-title for initiative on the
Constitution simply means that the main thrust of the Act is initiative
and referendum on National and Local Laws (Defensor-Santiago v. Comelec,
GR 127325, March 19, 1997).
CASES
Also, while the law provides subtitles for National Initiative and
Referendum and for Local Initiative and Referendum, no subtitle is
provided for initiative on the Constitution. This means that the main
thrust of the law is initiative and referendum on national and local
laws. If R.A. No. 6735 were intended to fully provide for the
implementation of the initiative on amendments to the
Constitution, it could have provided for a subtitle therefor,
considering that in the order of things, the primacy of interest, or
hierarchy of values, the right of the people to directly propose
amendments to the Constitution is far more important than the
initiative on national and local laws.
c) Ratification
CASES
CASES
While majority of the Supreme Court held that whether or not the
1973 Constitution had been ratified in accordance with the 1935
Constitution was a justiceable question, a majority also held that
whether or not the 1973 Constitution was already in effect, with or
without constitutional ratification, was a political question. The
Court accepted the glaring fact simply that “there is no further
judicial obstacle to the new Constitution being considered in force
and in effect (Javellana vs. Executive Secretary, 50 SCRA 33).
Political questions are neatly associated with the wisdom, not the
legality of a particular act. Where the vortex of the controversy
refers to the legality or validity of the contested act, that matter is
definitely justiciable or non-political. What is in the heels of the
Court is not the wisdom of the act of the incumbent President in
proposing amendments to the Constitution, but his constitutional
authority to perform such act or to assume the power of a
constituent assembly. Whether the amending process confers on
the President that power to propose amendments is therefore a
downright justiciable question. Should the contrary be found, the
actuation of the President would merely he a brutum fulmen. If the
Constitution provides how it may be amended, the judiciary as the
interpreter of that Constitution, can declare whether the procedure
followed or the authority assumed was valid or not.