INTRODUCTION

I.

Constitutional Law
Constitutional Law defined. The study of the maintenance of the proper balance between authority
as represented by the three inherent powers of the State and liberty as guaranteed by the Bill of Right
Political Law defined. That branch of public law which deals with the organization, and operations of
the governmental organs of the State and defines the relations of the State with the inhabitants of its
territory [People v. Perfecto, 43 Phil. 887; Macariola v. Asuncion, 114 SCRA 77].

II. The Constitution

A.

Definition - That body of rules and maxims in accordance with which the powers of sovereignty are
habitually exercised [Cooley, Constitutional Limitations, p. 4].
With particular reference to the Constitution of the Philippines: 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 the several
departments for their safe and useful exercise for the benefit of the body politic [Malcolm,
Philippine Constitutional Law, p. 6].
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].

B. Doctrine of constitutional supremacy

The 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. No act
shall be valid, however noble intentions, if it conflicts with the Constitution. The
Constitution must ever remain supreme.
All must bow to the mandate of this law. Expediency must not be allowed to sap its strength nor
greed for power debase its rectitude. Right or wrong, the Constitution must be upheld as long as it
has not been changed by the sovereign people lest its disregard result in the usurpation of the
majesty of law by the pretenders to illegitimate power.
C.

Parts
a) Constitution of Liberty. The series of prescriptions setting 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., Art. III.
b) Constitution of Government. The series of provisions outlining the organization of the
government, enumerating its powers, laying down certain rules relative to its administration, and
defining the electorate, e.g., Arts. VI, VII, VIII and IX.
c) Constitution of Sovereignty. The provisions pointing out the mode or procedure in accordance
with which formal changes in the fundamental law may be brought about, e.g., Art. XVII.

D. Characteristics of a good written Constitution

a) Broad. Not just because 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.
b) Brief. It must confine itself to basic principles to be implemented with legislative details more
adjustable to change and easier to amend.
c) Definite. To prevent ambiguity in