CHAPTER XI and to be interpreted as to effectuate the great

CONSTRUCTION AND INTERPRETATION purposes of the instrument.

OF THE CONSTITUTION
3. The proper interpretation of the Constitution
A constitution is a system of fundamental law depends more on how it was understood by the
for the governance and administration of a nation. It people adopting it than the framer’s
is supreme, imperious, absolute, and unalterable understanding thereof.
except by the authority from which it emanates.

Under the doctrine of constitutional supremacy,

if a law or contract violates any norm of the THE CONSTITUTIONAL PROVISION ON
constitution, that law or contract whether NATURAL-BORN CITIZENS OF THE
promulgated by the legislative, or by the executive PHILIPPINES GIVEN RETROACTIVE EFFECT
branch or entered into by private persons for private
purposes is null and void and without any force or Under THE 1973 Constitution, those born of
effect. Filipino fathers and those born of Filipino mothers
with an alien father were placed on equal footing.
They were both considered as natural-born citizens.
ALL PROVISIONS OF THE CONSTITUTION ARE
SELF-EXECUTING; EXCEPTIONS The constitutional provision is curative in
nature.
Some constitutions are merely declarations of
policies. Their provisions command the legislature to
enact laws and carry out the purposes of the framers
who merely establish an outline of government THE CONSTITUTION MUST BE CONSTRUED IN
providing for the different departments of the ITS ENTIRETY AS ONE, SINGLE DOCUMENT
governmental machinery and securing certain
fundamental and inalienable rights of citizens.
LIBERAL CONSTRUCTION OF ONE TITLE OF ONE
Thus a constitutional provision is self-executing SUBJECT
if the nature and extent of the right conferred and
the liability imposed are fixed by the constitution A liberal construction of the “one title-one
itself. subject” rule has been invariably adopted by the
court so as not to cripple or impede legislation.
Unless it is expressly provided that a legislative
act is necessary to enforce a constitutional mandate, The title expresses the general subject and all
the presumption now is that all provisions of the the provisions are germane to the general subject.
constitution are self-executing.

In case of doubt, the Constitution should be

considered self-executing rather than non-self- RESIGNATION OF THE PRESIDENT UNDER THE
executing, unless the contrary is clearly intended. 1987 CONSTITUION IS NOT GOVERNED BY ANY
FORMAL REQUIREMENT AS TO FORM. IT CAN
Non-self-executing provisions would give the BE ORAL. IT CAN BE WRITTEN. IT CAN BE
legislature discretion to determine when, or whether, EXPRESS. IT CAN BE IMPLIED.
they shall be effective, subordinated to the will of the
law-making body.
SPECIAL PROVISION PREVAILS OVER A
PROHIBITORY PROVISIONS GIVEN LITERAL GENERAL ONE
AND STRICT INTERPRETATION
Lex specialis derogant generali
Guidelines in construction and interpretation of the
constitution are stressed:
SUPREMA LEX
1. The Court in construing a Constitution should
bear in mind the object sought to be
It is time-honored that the Constitution is the
accomplished by its adoption, and the evils, if
Supreme Law of the land. It is the law of all laws.
any, sought to be prevented or remedied.
Hence, if there is conflict between a statute and the
Constitution, the statute shall yield to the
2. One provision of the Constitution is to be
Constitution.
separated from all the others, to be considered
alone, but that all provisions bearing upon a
particular subject are to be brought into view
STARE DECISIS
The rule of precedents.
Judicial decisions applying or interpreting the
laws or the Constitution shall form part of the legal
system of the Philippines.
CONCLUSION
The fundamental principle of constituitonal
construction is to give effect to the intent of the
framers of the organic law and of the people
adopting it.
Doctrine of Proper Submission
All the proposed amendments cannot be
submitted to the people in a piecemeal fashion
wherein the other amendments are to follow. The
people should have a frame of reference from which
to read the amendments being proposed. (Tolentino
vs COMELEC)
“Revision” is the alterations of the different
portions of the entire document [Constitution].
It may result in the rewriting whether the whole
constitution, or the greater portion of it, or perhaps
some of its important provisions. But whatever
results the revision may produce, the factor that
characterizes it as an act of revision is the original
intention and plan authorized to be carried out. That
intention and plan must contemplate a consideration
of all the provisions of the Constitution to determine
which one should be altered or suppressed or
whether the whole document should be replaced with
an entirely new one.
“Amendment” of the Constitution, on the other
hand, envisages a change or only a few specific
provisions.
The intention of an act to amend is not to
consider the advisability of changing the entire
constitution or of considering that possibility. The
intention rather is to improve specific parts of the
existing constitution or to add to it provisions
deemed essential on account of changed conditions
or to suppress portions of it that seem obsolete, or
dangerous, or misleading in their effect.
The requisites before an amendment to the
Constitution by “people’s initiative” is
sufficient in form and in substance:
In the case of RAUL L. LAMBINO and ERICO B.
AUMENTADO, together with 6,327,952 registered
voters vs. THE COMMISSION ON ELECTIONS, G.R.
No. 174153, October 25, 2006, 505 SCRA 160, the
following requisites must be present:
1. The people must author and must sign the entire
proposal. No agent or representative can sign for and
on their behalf;
2. As an initiative upon a petition, THE PROPOSAL
MUST BE EMBODIED IN A PETITION.
These essential elements are present only if the
full text of the proposed amendments is first shown
to the people who will express their assent by
signing such complete proposal in a petition.
Thus, an amendment is “DIRECTLY PROPOSED
BY THE PEOPLE THROUGH INITIATIVE UPON A
PETIITON “ONLY IF THE PEOPLE SIGN ON A
PETITION THAT OCNTAINS THE FULL TEXT OF THE
PROPOSED AMENDMENTS.
2 steps in the amendment or revision of our
Constitution:
1. Proposal
a) Constituent Assembly (vote of ¾ of
Congress)
b) Constitutional Convention (call by 2/3 vote
of Congress, or thrown to people by
majority vote of Congress)
c) People's Initiative [Amendment only] (12%
of registered voters with 3% of registered
voters in each legislative district)
2. Ratification (majority of the votes cast in the
plebiscite; 60-90 days)
Judicial Review of Amendments
The amending process, both as to proposal and
ratification, raises a judicial question (Sanidad vs
COMELEC)