CONSTITUTION, in general

- It is that body of rules and maxims in accordance with

a) To prevent tyranny of the majority

b) Societys attempt to protect itself from itself.
c) Protecting long term values from short term passions.

which the powers of sovereignty which are habitually

exercised (Cooley).

CLASSIFICATION

- With particular reference to the Constitution of the

Philippines: That constitution is a written instrument
enacted by direct action of the people by which the
fundamental powers government are established, limited
and defined by which those powers are distributed and
among the several departments for their safe and useful
exercise for the benefit of the body politic (Justice
George Malcom).

Written or Unwritten (Form)

a.1. Written
is one whose precepts are embodied in one
document or set of documents.
a.2. Unwritten
consists of rules which have not been
integrated into a single, concrete form but are
scattered in various sources, such as statutes
of fundamental character, judicial decisions,
commentaries of publicists, customs and
traditions and certain common principles.

CONSTITUTION of the PH, in particular

- That 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
benefit of the body politic. (Malcolm, Philippine
Constitutional Law, p. 6)

b.1. Evolved (Cumulative)

is the result of political evolution, not
inaugurated at an specific time but changing
by accretion rather than by any systematic
method (Cruz).

NATURE

b.2. Enacted (Conventional)

conventional constitution is enacted, formally
struck off at a
definite time and place
following a conscious or deliberate effort taken
by a constituent body or ruler.

1. It serves as the supreme or fundamental law.

2. It establishes basic framework and underlying
principles of government.

CHARACTERISTICS
1. The constitution is the foundation of the rule of state
2. The constitution is the embodiment of the fundamental
laws. This is the doc of the rule of a state.
3. The constitution describes the powers and functions
of different org government and the relations among
these organs.
4. It states on the one side the powers and duties of the
government and, on the rights and duties of citizens.
5. It connects the ruler to the ruled, and vice versa.

Rigid and Flexible (Mode of Amending)

c.1. Rigid
one that can be amended only by a formal and
usually difficult and complex process.
c.2. Flexible
one that can be changed by an
ordinary legislation (Cruz).

Essential qualities of a good written constitution

(BBD)

PURPOSE
- To prescribe the permanent framework of a system of
government, to assign to the several departments their
respective powers and duties, and to establish certain
first principles on which the government is founded. (11
Am. Jur. 606 cited in Cruz)
Why would a society generally committed to
majority rule choose to be governed by a document
that is difficult to change?

Enacted or Evolved (Origin)

Broad not just it provides for the

organization of the entire government
and covers all persons and things
within the territory of the State but
because it must be comprehensive
enough
to
provide
for
every
contingency .
Brief- it must confine itself to basic
principles to be implemented with
legislative details more adjustable to
change and wearier to amend.
Definite - to prevent ambiguity in its provisions
which could result in confusion and divisiveness
among the people (Cruz).

Essential parts of a written constitutions (3C)

Constitution of Liberty- The series of

prescriptions settings forth the fundamental civil
and political rights of the citizens and imposing
limitations on the powers of government as a
means of securing the enjoyment of those rights.
(e.g Right to suffrage, Article V; Bill of Rights,
Article III)
Constitution of Government The series of
prescriptions outlining the organization of the
government, enumerating its powers, laying
down certain rules relative to its administration,
and defining the electorate. (e.gLegisDept,
Article VI; Exec. Dept, Art VII and the Jud.
Dept, Art VIII and the Constitutional
Commission (CSC, COMELEC, COA), Art IX)
Constitution of Sovereignty the provisions
pointing out the mode or procedure I accordance
with which formal changes in the fundamental
law may be brought about (Art. XVII)

Amendment: an alteration of one or a few specific

provisions of the Constitution. Its main purpose is to
improve specific provisions of the Constitution. The
changes brought about by amendments will not affect
the other provisions of the Constitution.
-

isolated or piecemeal change.

Revision: An examination of the entire Constitution to

determine how and to what extent it should be altered. A
revision implies substantive change, affecting the
Constitution as a whole.

* The Congress shall provide for the implementation

of the exercise of this right.
Judicial review of amendments the power of the
courts to rest the validity of executive of legislative act in
light of their conformity with the Constitution. The power
is inherent to the Judicial Department by virtue of the
doctrine of separation of powers.
STATE
- is a community of persons more or less
numerous, permanently occupying a definite
portion of a territory, having a government of
their own to which the great body of inhabitants
render obedience, and enjoying freedom from
external control.

ELEMENTS OF STATE
PEOPLE
- the mass of population living within the state. It
answers the question, who governs whom?
and no specific number is required. (the state
shall neither be too small nor yet one that seems
great but has no unity. Plato)
TERRITORY
- Demarcated area that rightly belongs to the
population.
- Terrestrial, fluvial, maritime and aerial
- Should be permanent and large enough to be
self-sufficing
GOVERNMENT
- Refers to the agency to which the will of the
state is formulated, expressed, amd carried out.

Proposal adoption of suggested changes in the

Constitution may come from (Sec 1-3, Art XVII):

SOVEREIGNTY
- May be defined as the supreme power of the
state to command and enforce obedience to its
will from the people within its jurisdiction
corollary to have freedom from foreign control.
a. Internal power of the state to rule within
its territory
b. External the freedom of the state to carry
out its activities without subjection to or
control by other states.

By Congress votes of all its members.

THE INHERENT POWERS OF THE STATE

revamp or the rewriting of the entire instrument.

PROCEDURE

Constitutional Convention which may be called into

existence either by a 2/3 vote of all the members of
Congress (Sec 3, Article XVII), or if such vote is not
obtained, by a majority vote of all the members of the
Congress with the question of whether or not to call a
Convention to be resolved by the people in a plebiscite
Peoples Initiatives Sec. 2, Art XVII. Requisites: 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.

POLICE POWER
It is the sovereign power to promote and
protect the general welfare. It is the most
pervasive and the least limitable of the three
powers of the state, the most essential,
consistent and illimitable which enables the
State to prohibit all hurtful things to the
comfort, safety and welfare of the society.

It also refers to the power vested in the

legislature by the Constitution to make,
ordain, establish all manner of wholesome
and
reasonable
laws,
statutes,
or
ordinances, either with penalties, or without,
nor repugnant to the constitution, as they
shall be judge to be for the good and welfare
of the state and the subjects.
Police power is an inherent attribute of
sovereignty. It can exist even without
reservation in the constitution. It is based on
necessity as without it, there can be no
effective government. It is also referred to as
the law of overwhelming necessity.
What is the basis of the exercise of the police power
of the state?
The exercise of police power is founded on the basic
principles of salus populi est suprema lex (the welfare of
the people is the supreme law) and sic utere tu et
alienum non laedas (so use your property so as not to
impair another)
Who has the ultimate power to determine the
necessity and the means of exercising the police
power of the state?
Congress has the ultimate power, because it is the judge
of necessity, adequacy, reasonableness and wisdom of
any law. The congress is the constitutional repository of
police power and exercise the prerogative of determining
the policy of the state.
Limitations in the exercise of Police power
1. Due process clause
2. Equal protection clause
The basic purposes of Police Power are:
1. To serve the general welfare, comfort and
convenience of the people;
2. To promote and preserve public health;
3. To promote and protect public safety;
4. To maintain and safeguard public order;
5. To protect public morals; and
6. To promote the economic security of the people.
POWER OF EMINENT DOMAIN
It is an inherent power of the state that enables it
to forcibly acquire private property, which is
intended for public use, upon the payment of just
compensation. It is based on political necessity;

it is inseparable from the state unless it is denied

to it by its fundamental law.
Condemnation of private property is justified
only if it is for the public good character. It is the
courts of law that have the power to determine
whether there is necessity therefore. Also called
the power of expropriation, eminent domain is
described as the highest and most exact idea of
property remaining in the government that may
be acquired for some public purpose through a
method in the nature of a compulsory sale to
the state.
Who may exercise the Power of Eminent
domain?
1. The Congress
2. The President
3. The local legislative bodies
4. Certain public corporations (e.g. Land
Authority and the MWSS)
5. Quasi-public corporations (e.g. PLDT and
Meralco)
What are the requisites in exercising the
power of eminent domain?
1. The property taken must be private
property;
2. The taking must be within constitutional
sense;
3. The taking must be for public use
4. Just compensation must be paid;
5. There must be due process of law.
The following essential requisites must
concur before an LGU can exercise the
power of eminent domain:
1. An ordinance is enacted by the local
legislative council authorizing the local chief
executive to exercise the power of eminent
domain;
2. It is exercised for the public use, purpose
and welfare;
3. There must be payment of just
compensation; and
4. A valid and definite offer has been
previously made to the owner of the property
south to be expropriated.
Taking may not only include the import of a
physical possession of the owner, as when he is
ousted from his land or relieved of his watch or

car but also covers trespass without actual

eviction of the owner, material impairment of the
value of the property or prevention of the
ordinary uses for which the property was
intended.

Just compensation is the full and fair equivalent

of the property taken from the private owner by
the expropriator. The measure of this
compensation is not the takers gain but the
owners loss.

The following cases constitute taking:

Where a farmland is inundated because of

the construction of a damn nearby, the owner
who is prevented from planting on the land.

Where government planes fly over private

property at such a low altitude as to practically
touch the tops of the trees.

A municipal ordinance prohibiting

construction of any building that would destroy
the view of the plaza from the highway.

POWER OF TAXATION
It is the inherent power of the state to raise
revenues to defray the expenses of the
government or for any public purpose. This can
be done through the imposition of burdens or
imposition on persons, properties, services,
occupations or transactions.

Query: A building which is on the verge of

collapse was ordered to be demolished. The
owner objected thereto since the demolition
constitutes taking without payment of just
compensation. Is the contention of the owner
correct?
Answer: No, the demolition of the building is
done in the exercise of police power. It is
intended to further the interest of the public as
the structure is susceptible to harm the public, in
case it collapses. Hence, the owner is not
entitled to compensation.
Query: An ordinance was passed requiring
private cemeteries to reserve 6% of their total
areas for the burial paupers. The owners of the
private cemeteries demand payment of just
compensation because the ordinance sought to
deprive them of their property. However, the city
invoked that such ordinance was done in the
exercise of their police power under the general
welfare clause. Is the argument of the city
tenable?
Answer: No, although there was taking of private
property for public use, nevertheless, it was
done without payment of just compensation.
Hence, it violates the principles governing
eminent domain. The taking of property under
the police power is sought to be destroyed.

The importance of taxation derives from the

unavoidable obligation of the government to
protect the people and extend them benefits in
the form of public projects and services. Taxation
is based on necessity and the reciprocal duties
of protection and support between the state and
those that are subject to its authority.
Who may exercise the power of taxation?

It is the Congress who exercises the

plenary power to tax. However, it may be
delegated by congress to local government units
under such terms and conditions as
may prescribed by law.
The following are the requisites or
limitations on the power to tax:
1. Public purpose;
2. Territoriality;
3. Uniformity;
4. Due process and equal protection clause;
5. Constitutionally exempt properties cannot
be taxed;
6. In the assessment and collection of certain
kinds of taxes, notice and opportunity for hearing
must be provided.