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Janine Katreen P. Calo

I-Arellano

Relevance of Constitutional Precepts in Legal Practice

The first session of the Intensive Review Class launched by

MSU-COL Iligan extension was entitled The Fundamentals of
Philippine Constitutionalism. It was lectured by Atty. Norhabib Bin
Suod S. Barodi, LL.B. The lecture was quite interesting as it tackles
and explains the Philippine Constitution. The lecturer is quite
knowledgeable and was able to explain the different principles found
in the Philippine Constitution and gave examples to help and justify
the principles.

On the first part of the lecture, he talked about how the

Philippine Constitutionalism operates like the Solar System. He
explained how the Philippine Constitution is like the Sun of the Solar
System and all the other laws that govern in the Philippines revolve
around the Philippine Constitution. His Analogy of the Philippine
Constitution highlights the importance of the Constitution in running a
country such as the Philippines. His explanation on such concept was
able to help me understand the significance of the Constitution in
which the lecturer said that The Government exists because there
was an existing Constitutionalism. The Constitution exists to keep
things in order and to help define that should be and protect the
system from dangerous paths. In the history of the Philippines, There
have only been three (3) Constitutions: (1) 1935 Constitution; (2)
1973 Constitution and (3) 1987 Constitution.

The lecturer further explained that the in the Constitution, there

exists a principle which is the Principle of Supremacy of the
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Constitution. From what I have understood from the Lecture, the

Principle exists to the Constitution above all the other laws in the
Philippines. Any act of violating the Constitution is unconstitutional
and shall be deemed as null and void.

Because of the Constitutions significance in the existence of

the Government and Justice System, it was only natural for the
Constitution to be ranked supreme in the Laws of the country.
However, the lecturer further discussed that the Constitution itself has
limitations on what it can provide such as concepts and example. An
example of such limitation is that the existence of Genocide in which
no Constitution shall allow the existence of Genocide in the country.
Such limitations recognized as the Jus Cogen . The lecturer gave
examples on how such principle is applied. The Lecturer gave an
example of the PDAF. The PDAF or Priority Development Assistance
Fund is unconstitutional in the sense that it violates the principle of
Separation of Powers of the Constitution. The existence of the PDAF
would provide the Congress the power to implement the annual
budget law because it allows them to create the projects given by
such Law. Because of such notion, the PDAF is unconstitutional.

The lecturer also discussed the existence of Constitutional

Authoritarianism. From what I have understood is that Constitutional
Authoritarianism would allow the representative head of a certain
country to have absolute control over the three branches of the
Government. He later said that it is possible that such notion is
allowed in the Constitution provided that the requirements for such
have been met.

In fact, the 1973 Constitution of the Philippines has such

concept which allowed Marcos to gain control during the Martial Law
period. Because of this discussion, I understood why the people
cannot simple blame and prosecute the Marcos family for the
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changes made and constructed during the Martial Law period. The
1973 Constitution granted the late

In his discussion, the lecturer included the Doctrine of

Intergenerational Responsibility. From what I have understood in the
lecture, the concept of intergenerational responsibility focuses on the
right of the current generation to sue in its behalf and in behalf of
the succeeding generations for the protection. Such Doctrine can be
found in the Constitution in order to secure and protect the future and
welfare of the future generations and citizens of the country.
However, such doctrine is not limited to the right to sue. The doctrine
also allows the present generation to represent the future generations
when a new constitution or law has been passed. The lecturer gave
an example of such Doctrine which can be found in the Preamble.
The generation, that were present during the time when the 1987
Constitution was passed, represented the future generation in the
agreement of the Constitution.

Another principle that has been has been discussed during the
lecture is the principle of supremacy of the civilian authority over the
military. As discussed in the lecture, this principle is inherent in every
democratic and republican country like such as the Philippines where
sovereignty resides in the people and all government authority
emanates from them (Article II Section 1). It is a vital precaution
against any military takeover and the rise of military dictatorship.
Such principle has been explicitly defined in the 1987 Constitution
which prevents Martial Law that was allowed by the 1973 Constitution
from occurring again. An example can be found when the president
who is a civilian is given power over the Military.

The Principle of Separation of Church and State was also

discussed in the lecture. This principle focuses on the notion that both
the Church and the State are two separate entities which should not
interfere nor favour one from the other and vice versa. It is in the
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Constitution that no law shall be established that would favour one

religion over the other nor there shall be a law that would prevent a
person from freely exercising his right of religion. This principle was
made because the Philippines is not limited to only one religion. The
Church and State have different opinions and mentality to which both
entities could agree well with one another. The Separation of the
Church and State would define the limits and possibilities of the
interaction between the Church and the State. The lecturer was able
to discuss the principle clearly and made many examples for the
audience to see how the principle is applied.

The Lecturer explained and discussed the Philippine

Constitution thoroughly and emphasized its relevance in practicing
Law and serving the Government. The lecture discussed that it is
important for people, especially future lawyers, to know how the
Government works and how it should be based on the Philippine
Constitution. The lecture as very informative and it gave be a better
understanding on how the Principles and Laws apply and how it
should be used In the Legal Practice. For me, the lecturer did not add
any unnecessary information nor did he complicate the discussion.
The lecture was direct and simple enough to discuss the necessary
elements in understanding the Philippine Constitution.