Constitutional Law Reviewer-Suarez

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CONSTITUTIONAL LAW REVIEWER INTRODUCTION Before we proceed to the principal coverage of this book (summary and discussion of the 1987 Constitution, from the preamble to Article XVIII), it is of great help to the students, particularly the reviewees, to go over the important principles which have been imparted to them from rst year. Whether it is in reference to the 1935, 1973 or 1987 Constitution, the following principles are applicable and should therefore be deeply inculcated in the minds of law students, thus:

I. BASIC PRINCIPLES 1. THE CONSTITUTION IS THE SUPREME LAW OF THE LAND — A Constitution is a legislation direct from the people acting in their sovereign capacity, hence, it is more superior than an ordinary law or statute which is merely a legislation from the people’s representatives subject to limitations prescribed by the Constitution. No man-made laws, therefore, can prevail as against the Constitution. 2. BEING THE SUPREME LAW OF THE LAND, IT IS THE SYMBOL AND MONUMENT OF THE PEOPLE’S WILL — As such, it should be submitted for ratication of the people following the principle that “xxx sovereignty resides in the people and all government authority emanates from them.” 3. THE CONSTITUTION OUTLINES THE INFRASTRUCTURE OF THE GOVERNMENT — It is through the Constitution that the fundamental powers of the government are established, limited and dened, and by which those powers are distributed among the several departments of the government for their safe and useful exercise and for the benet of 1

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the body politic. (Justice Malcolm’s description, Phil. Constitutional Law, p. 6) 4. THE CONSTITUTION MUST BE OBEYED BY ALL — It governs the poor and the rich, the governed and the governors, the mighty and the weak, and regardless of the color of one’s skin, his religion or his political persuasion. 5. THE DETAILED RULES IN THE CONSTRUCTION AND INTERPRETATION OF A CONSTITUTION ARE DISCUSSED IN THE SUCCEEDING CHAPTER. 6. THE CONSTITUTION MAY BE MODIFIED EITHER BY AMENDMENT OR REVISION — However, any amendment to or revision of the Constitution shall be valid only when ratied by the people. Details of the discussion are found in the succeeding chapter. 7. THE COURTS ARE THE ULTIMATE GUARDIANS OF OUR CONSTITUTION — Details of the discussion are also found in the succeeding chapter.

II. BRIEF REVIEW OF IMPORTANT SUB-TOPICS THROUGH QUESTION AND ANSWER NATURE, CLASSIFICATION, ESSENTIAL PARTS AND REQUISITES OF A GOOD WRITTEN CONSTITUTION Q — How is a Constitution classied? A—

A Constitution may be (1) written or unwritten; (2) conventional or cumulative; or (3) rigid or exible.

Q — What is the classication of the Constitution of the Republic of the Philippines? A—

It is written, conventional and rigid.

CLASSIFICATION OF CONSTITUTION A Constitution may be written or unwritten, conventional or cumulative, and rigid or exible: (a)

A written and unwritten constitution — A written constitution is one the provisions of which have been reduced to

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writing and embodied in one or more instruments at a particular time. Example: Philippine Constitution. An unwritten constitution is one which has not been reduced to writing at any specic time but it is the collective product of a gradual political development, consisting of unwritten usages and customary rules, judicial decisions, dicta of statesmen, and legislative enactments of a fundamental character written but scattered in various records without having any compact form in writing. The three most conspicuous historical instances of such constitutions are those of Athens, Rome, and England. The latter is almost the sole example of a progressive modern State retaining such a Constitution. (Malcolm and Laurel, Phil. Constitutional Law, pp. 9-13 (b) Conventional or Cumulative — A Conventional constitution is enacted deliberately and consciously by a constituent body or ruler at a certain time and place. A cumulative constitution is a product of a gradual political development. (c)

Rigid or exible — A rigid constitution is one which can be amended through a formal and difcult process. A exible Constitution is one which can be changed by ordinary legislation.

Q — What are the qualities of a good written Constitution? A—

It must be broad, brief and denite. EXPLANATION A good written Constitution must be broad because it is through it that the fundamental powers of government are established, limited and dened, and by which those powers are distributed among the several departments of government for their safe and useful exercise and for the benet of the body politic. Its provisions have considered the experiences of the past; it serves to consider the realities of the contemporary times, and it looks to the future. It must be brief because it is not intended to go into details of organization. The details are left to Congress which will be in a better position to nd out what specic legislation is needed from time to time. It must be denite because vagueness may cause incalculable harm, or it may lead to opposing interpretation which

CONSTITUTIONAL LAW REVIEWER COVERING THE SUBJECTS OF: Constitutional Law I Constitutional Law II (which includes the 1987 Constitution of the Republic of the Philippines, from the Preamble to Article XVIII) By

ROLANDO A. SUAREZ LL.B., SAN BEDA COLLEGE Professor of Constitutional Law, Constitutional Law Review and Political Law Review Former professor of different law subjects in several colleges (i.e. San Beda College of Law, Adamson University, MLQU, Lyceum and PUP) Founding & Managing Partner Suarez, Paredes, Zamora, Suarez and Luna Law Offices Author: Political Law Reviewer, Principles, Comments and Cases in Constitutional Law, Vol. I; Principles, Comments and Cases in Constitutional Law, Vol. II; Agrarian Reform and Social Legislation; Comparative Study; Roman Law and Philippine Law, First and Second Editions; Introduction to Law, First, Second, Third, and Fourth Editions; Notes and Comments, Proclamation No. 3 and The Provisional Constitution of the Philippines; Agrarian Reform, Cooperatives and Taxation; A Mile to Go for Genuine Land Reform in the Philippines; Statutory Construction, First and Second Edition, Torts and Damages; Legal Forms; The 1987 Constitution of the Republic of the Philippines Made Easy

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