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Questions and Answers
What does 'Verba Legis' refer to in the context of interpreting the Constitution?
What does 'Verba Legis' refer to in the context of interpreting the Constitution?
- Interpretation based on the intention of the framers.
- Interpretation according to the face-value meaning of the law. (correct)
- A method that considers the historical records of the Constitution.
- A principle that disregards the text for broader implications.
Which principle emphasizes that the Constitution should be interpreted as a whole?
Which principle emphasizes that the Constitution should be interpreted as a whole?
- Ut Magis Raleat Quam Pereat (correct)
- Constitutional Convention Deliberation
- Ratio Legis et Amina
- Verba Legis
What does 'Ratio Legis et Amina' aim to ascertain when interpreting the Constitution?
What does 'Ratio Legis et Amina' aim to ascertain when interpreting the Constitution?
- The intent of the framers and the people. (correct)
- The literal meaning of each provision.
- The historical context of the Constitution.
- The emotional responses of those affected by the law.
How should ambiguities in constitutional language be resolved according to the content provided?
How should ambiguities in constitutional language be resolved according to the content provided?
What role does the preamble play in interpreting the Constitution?
What role does the preamble play in interpreting the Constitution?
Why is it important to connect every provision of the Constitution?
Why is it important to connect every provision of the Constitution?
Who ultimately must approve the Constitution for it to be interpreted as intended?
Who ultimately must approve the Constitution for it to be interpreted as intended?
What does 'Ut Magis Raleat Quam Pereat' imply about legal provisions?
What does 'Ut Magis Raleat Quam Pereat' imply about legal provisions?
What does constitutional law primarily study?
What does constitutional law primarily study?
Which constitution was in effect before the 1987 constitution?
Which constitution was in effect before the 1987 constitution?
Who were the framers of the constitution as stated in its preamble?
Who were the framers of the constitution as stated in its preamble?
What is the highest law of the land according to the content?
What is the highest law of the land according to the content?
What defines political law?
What defines political law?
Under what constitution did President Aquino assume the presidency?
Under what constitution did President Aquino assume the presidency?
When was the 1987 constitution ratified by the people?
When was the 1987 constitution ratified by the people?
What does 'verba legis' refer to in legal terms?
What does 'verba legis' refer to in legal terms?
What is a key principle in interpreting the constitution?
What is a key principle in interpreting the constitution?
Which phrase suggests that a provision is better to have an effect than to be void?
Which phrase suggests that a provision is better to have an effect than to be void?
What authority did President Aquino claim to have when assuming the presidency?
What authority did President Aquino claim to have when assuming the presidency?
In terms of constitutional amendments, who has the sovereign power according to the content?
In terms of constitutional amendments, who has the sovereign power according to the content?
What does 'ratio legis et anima' mean in a legal context?
What does 'ratio legis et anima' mean in a legal context?
What is the principle that suggests that ambiguous legal provisions should be interpreted in their entirety?
What is the principle that suggests that ambiguous legal provisions should be interpreted in their entirety?
Which of the following phrases signifies that the law must be adhered to despite its severity?
Which of the following phrases signifies that the law must be adhered to despite its severity?
Under what conditions could a constitutional provision regarding the enjoyment of marijuana or killing another person be considered unconstitutional?
Under what conditions could a constitutional provision regarding the enjoyment of marijuana or killing another person be considered unconstitutional?
What is the voting requirement for Congress to propose constitutional amendments or to call a constitutional convention?
What is the voting requirement for Congress to propose constitutional amendments or to call a constitutional convention?
What percentage of registered voters is needed for initiative upon petition for a constitutional convention?
What percentage of registered voters is needed for initiative upon petition for a constitutional convention?
What happens if the 2/3 vote requirement is not met when calling for a constitutional convention?
What happens if the 2/3 vote requirement is not met when calling for a constitutional convention?
How long must pass before the people can initiate another proposal for a constitutional convention?
How long must pass before the people can initiate another proposal for a constitutional convention?
Which threshold of vote is necessary for Congress to call a constitutional convention?
Which threshold of vote is necessary for Congress to call a constitutional convention?
What determines whether there is a need for a constitutional convention after Congress proposes it?
What determines whether there is a need for a constitutional convention after Congress proposes it?
What is the consequence of failing to achieve a 2/3 vote for a proposal in Congress?
What is the consequence of failing to achieve a 2/3 vote for a proposal in Congress?
What is the role of the Commission on Elections (Comelec) regarding the constitutional convention?
What is the role of the Commission on Elections (Comelec) regarding the constitutional convention?
What role does the preamble serve in relation to the Constitution?
What role does the preamble serve in relation to the Constitution?
Which of the following statements accurately reflects the nature of the Constitution concerning individual rights?
Which of the following statements accurately reflects the nature of the Constitution concerning individual rights?
What do the qualitative and quantitative tests assess in relation to constitutional challenges?
What do the qualitative and quantitative tests assess in relation to constitutional challenges?
Which statement best characterizes a self-executing provision of the Constitution?
Which statement best characterizes a self-executing provision of the Constitution?
What is a key characteristic of public law as described in the content?
What is a key characteristic of public law as described in the content?
Which of the following statements is true regarding the process of amending the Constitution?
Which of the following statements is true regarding the process of amending the Constitution?
What can be said about provisions of the Constitution deemed unconstitutional?
What can be said about provisions of the Constitution deemed unconstitutional?
What is a key aspect of the amendment process outlined in the Constitution?
What is a key aspect of the amendment process outlined in the Constitution?
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Study Notes
How to Interpret the Constitution
- There are three ways to interpret the Constitution:
- Verba Legis (word of the law): Interpret according to the plain and ordinary meaning of the text.
- Ratio Legis et Amina (spirit of the law): Interpret according to the intention of the framers if there is ambiguity in the text. To determine intention, review the records of the Constitutional Convention, the context of the time when the Constitution was drafted, and the conditions under which it was created.
- Ut Magis Raleat Quam Pereat (it is better for a thing to have effect than to be void): Interpret the Constitution as a whole, considering the relationship between all provisions, not just specific parts in isolation.
- The Preamble of the Constitution serves as a guiding point for interpretation because it outlines the intention and purpose of the framers.
Basic Individual Rights
- The Constitution recognizes and protects existing basic rights but does not create or confer them.
- The Constitution is not the source of rights or the fountain of law. It is simply a framework within which these rights exist.
Challenging the Constitution
- The Constitution itself is the ultimate law. It cannot be challenged directly.
- The Constitution can only be amended or revised (Article 17 of the 1987 Constitution).
Self-Executing vs. Non Self-Executing Provisions
- Self-Executing Provision: Directly applicable without need for statutory implementation.
- Non Self-Executing Provision: Requires legislation to make it effective.
Modes for Proposing Amendments
- Congress (Art. XVII, Sec. 1)
- Congress acting as a Constituent Assembly can propose amendments by a 3/4 vote of each house in joint session, voting separately.
- Congress can call a constitutional convention by a 2/3 vote of all its members.
- If the 2/3 vote requirement is not met, Congress can still call a constitutional convention if a majority of all its members vote in favor.
- Constitutional Convention (Art. XVII, Sec. 1)
- Congress calls a constitutional convention by a 2/3 vote of all its members, or it submits the question of calling a convention to the electorate for a plebiscite.
- The Commission on Elections (COMELEC) organizes the plebiscite for ratification of the draft convention.
- By the People (Art. XVII, Sec. 2)
- Amendments can be proposed through initiative upon petition by 12% of all registered voters, of whichever legislative district is represented by at least 3% of its registered voters.
- This can't be resorted to within 5 years of February 2, 1987, nor more often than once every five years.
Previous Constitutions
- While previous constitutions (1955, 1972, and the Freedom Constitution) are no longer legally valid, they are still relevant because some provisions of the 1987 Constitution are based on their previous provisions.
- It is essential to consider the historical context and evolution of constitutional provisions.
The 1987 Constitution
- The 1987 Constitution was ratified on February 2, 1987, and announced on February 11, 1987.
- The people are considered the framers of the Constitution.
- President Aquino took office under the authority of the people, not the 1973 Constitution.
- She was recognized by the people and not the existing power structure, which was in shambles after Marcos's ouster.
Who is the Constitutional Successor?
- The Vice President (currently Sara Duterte) is the Constitutional Successor of the President.
Why Respect Textbook Meaning of the Law?
- The Constitution is the highest law in the land, and its interpretation should accurately reflect the intention of the framers and the people who ratified it.
Who Can Amend or Revise the Constitution?
- The people have the ultimate power to amend or revise the Constitution through their representatives (Congress) or through direct initiative.
- Congress only has the power to propose amendments, not implement them.
Unconstitutionality
- If a provision in the Constitution grants everyone rights to enjoy marijuana or kill another person, it would be considered highly problematic and likely unconstitutional.
- The Constitution itself is the source of its legitimacy. Provisions that go directly against core principles such as personal safety and public order would be challenged and invalidated.
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