SUPREMACY

CONSTITUTION
08.22.2012
 The constitution
refers to
“that body of rules
and principles in
accordance with
which the powers of
sovereignty are
regularly exercised”
 CONSTITUTIONAL LAW

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 RIGHTS.
PERMANENCE OF THE CONSTITUTION
Capacity to resist
capricious or whimsical
change dictated not by
legitimate needs but
only by passing fancies,
temporary passions or
occasional infatuations
of the people with ideas
or personalities.
PERMANENCE
OF THE
CONSTITUTION A Constitution must be firm
and immovable, like a
mountain amidst the strife
of storms or a rock in the
ocean amidst the raging of
the waves. Such is not likely
to be easily tampered with
to suit political expediency,
personal ambitions or ill-
advised agitation for
change.
INTERPRETATION OF
THE CONSTITUTION
IN CASE OF DOUBT,
THE CONSITUTION
SHOULD BE SELF-
EXECUTING THAN
NON-SELF-EXECUTING;
MANDATORY RATHER
THAN DIRECTORY;
AND PROSPECTIVE
RATHER THAN
RETROSPECTIVE.
1. PRESCRIBE THE
PERMANENT
PURPOSE
FRAMEWORK OF THE
SYSTEM OF
GOVERNMENT.
2. ASSIGNMENT OF
POWERS IN THE GOVT.
3. ESTABLISHMENT OF
BASIC PRINCIPLES
4. PRESERVE AND
PROTECT THE RIGHTS
OF THE CITIZENS
 KINDS OF
CONSTITUTION
 As to their Origin & History
1. Conventional or
enacted
2. Cumulative or evolved
 As to their form
1. Written
2. Unwritten
 As to manner of amending
1. Rigid or Inelastic
2. Flexible or Elastic
Requisites of a
Good Written
Constitution
 As to form
1. Brief
2. Broad
3. Definite
 As to Content
1. Constitution of
Government
2. Constitution of Liberty
3. Constitution of
Sovereignty
 CONSTITUTION vs. STATUTE

1) Direct from the 1. Enacted by the

people people’s
2) General representatives
Framework 2. Details
3) To meet the 3. For the existing
present and conditions only
future conditions 4. Must conform to
4) Supreme the Constitution
fundamental law or subordinate to
of the State the constitution
 PARTICIPANTS IN THE ADOPTION OF THE
CONSTITUTION

1. PROPOSING AGENT – Constitutional

Convention, commission, legislatures or
other bodies
2. RATIFYING AGENT – The electorate that will
approve the draft, or the legislature or a
constitutional convention
STEPS IN AMENDING
THE CONSTITUTION

 PROPOSAL
a. By Congress – vote of ¾ of
all its members voting
separately
b. Constitutional Convention
c. People’s Initiative
 RATIFICATION – Majority of
the votes in a plebiscite
1987 PHILIPPINE CONSTITUTION
 Fifth Constitution: MALOLOS CONSTITUTION, 1935
CONSTITUTION, 1973 CONSTITUTION, FREEDOM CONSTITUTION
& 1987 CONSTITUTION
 CONSTITUTIONAL COMMISSION
 FEBRUARY 2, 1987 PLEBISCITE
 76.29% VOTED TO RATIFY THE 1987 CONSTITUTION
THE END