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Constitutional Law 1 (Atty. Jennifer Arlene J. Reyes Textbook) - Coggle…
Constitutional Law 1 (Atty. Jennifer Arlene J. Reyes Textbook)
Chapter 1: The Concept of a Constitution
I. Meaning of Constitution
Supreme law of the land to which all other laws must conform
Written instrument establishing government framework, distributing powers, and defining limitations
II. Purpose of a Constitution
Prescribe permanent framework of a system of government
Assign to different departments their respective powers and duties
Establish first principles on which government is to be conducted
III. Classification of Constitutions
As to Origin and History
Conventional or Enacted: Struck off at once by a constituent assembly or choosing of a ruler
Cumulative or Evolved: Product of growth or long series of customs, laws, and judicial decisions
As to Form
Written: Provisions are embodied in a single instrument or set of sacred documents
Unwritten: Consists of various statutes, judicial decisions, usages, and customs scattered across time
As to Manner of Amending
Rigid: Requires a special, distinct, and solemn process to amend or alter
Flexible: Can be changed by the ordinary legislative body through common lawmaking processes
IV. Essential Parts of a Good Written Constitution
Constitution of Liberty
Provisions setting forth the fundamental civil and political rights of citizens
Serves as a shield against government overreach (e.g., Bill of Rights)
Constitution of Government
Provisions establishing the framework, structure, and operations of the government
Defines and distributes legislative, executive, and judicial powers
Constitution of Sovereignty
Provisions mapping out the formal process or means to amend, revise, or alter the constitution
V. Characteristics of a Good Written Constitution
Broad: Must comprehensive cover the entire setup of the State and its functions
Brief: Outlines only great principles to maintain flexibility and adapt to societal shifts
Definite: Drafted with clear, unmistakable terms to prevent administrative deadlocks or confusion
VI. Interpretation/Construction of the Constitution
Verba Legis: Plain-meaning rule; words are understood in their ordinary, natural sense
Ratio Legis Est Anima: Intent rule; look into the mind and purpose of the framers and ratifying people
Ut Magis Valeat Quam Pereat: Holistic rule; read the document as a seamless, harmonious whole
Chapter 2: The Philippine Constitution
I. Historical Background of the Philippine Constitution
The Malolos Constitution (1899)
The American Organic Acts (Philippine Bill of 1902, Jones Law of 1916)
The 1935 Constitution (Commonwealth and Republic era)
The 1973 Constitution (Martial law and parliamentary setup)
The 1986 Provisional "Freedom" Constitution
The 1987 Constitution (Current supreme law)
II. The 1987 Constitution
Nature: Written, conventional, and rigid
Framed by the 1986 Constitutional Commission (ConCom)
Ratified by the Filipino people via a plebiscite on February 2, 1987
III. Amendment and Revision
Distinction
Amendment: Isolated, piecemeal change that does not alter the basic principle or structure
Revision: Overhaul or systemic rewrite affecting the underlying framework or distribution of powers
Two Steps in the Process
Proposal: Formulating the changes
Ratification: Approved by a majority of votes cast in a plebiscite
Three Methods to Propose Changes
Constituent Assembly (Con-Ass): Congress itself, upon a vote of 3/4 of all its members
Constitutional Convention (Con-Con): A body of delegates elected specifically to propose changes
People's Initiative: Direct proposal by the people through a petition signed by at least 12% of total registered voters (and 3% of every legislative district)
Chapter 3: The Concept of the State
I. Meaning of State
A politically organized body of people, occupying a definite territory, living under an independent government
II. Elements of a State
People
The community of human beings living together within the boundaries
Must be sufficient in number to defend and maintain the society
Territory
The fixed portion of the earth's surface inhabited by the people
Components: Terrestrial, fluvial, maritime, and aerial domains
Government
The agency or institutional body through which the will of the State is formulated and carried out
Sovereignty
The supreme, absolute, and uncontrollable power by which an independent state is governed
III. Distinction between State and Nation
State: A legal and purely political concept
Nation: A racial, ethnic, cultural, and sociological concept
IV. Distinction between State and Government
State: The sovereign political entity (the principal)
Government: The administrative organ or machinery of the state (the agent)
V. Classifications of Government
As to Legitimacy
De Jure: Established by lawful authority and right title
De Facto: Takes possession and control of power by force or extra-constitutional means
As to Concentration of Power
Unitary: Centralized authority; local units derive power from the national government
Federal: Dual sovereignty; power divided between national government and state units
As to Branch Relationships
Presidential: Separation of powers; Executive independent of the Legislature
Parliamentary: Interdependence of powers; Executive branch is drawn from and accountable to the Legislature
VI. Doctrine of State Immunity
General Rule: "The State cannot be sued without its consent" (Article XVI, Section 3)
Basis: Royal prerogative, public policy, and protecting public funds from endless litigation
Forms of Consent
Express Consent: Manifested through a formal statutory law passed by Congress
Implied Consent: When the State enters into a proprietary/commercial contract or initiates civil litigation itself