How to Interpret the Constitution PDF

1: HOW TO INTERPRET Ut Magis Raleat Quam Pereat (it is better for a thing THE CONSTITUTION? to have effect than to be void): You may interpret the Constitution...

1: HOW TO INTERPRET Ut Magis Raleat Quam Pereat (it is better for a thing THE CONSTITUTION? to have effect than to be void): You may interpret the Constitution The constitution has to be in 3 ways: interpreted as a WHOLE. You Verba Legis (word of the can not take parts of one law): provision and only apply par. Interpret the law according to 1 or par. 2. it’s ordinary, face-value - Why? meaning. (as it is). People It must be approved by wrote the constitution, it is the people entirely. textual in nature, so there is Every provision must no room for interpretation; it be related to every will be based on how we other provision because understood it and ratified it. even the preamble sets the foundation. Ratio Legis et Amina (spirit of the law): Purpose: If there is any ambiguity, the to ascertain and give effect to the words of the constitution intent of the framers and of the should be interpreted people who approved it and its’ according to the intention of amendments the framers. - How to find out the intention of the RECITE PREAMBLE, ITS framers? PURPOSE Go back to the records We, the sovereign Filipino people, of the deliberations of imploring the aid of Almighty God, the Constitutional in order to build a just and humane Convention. society, and establish a Government - If there are any that shall embody our ideals and doubtful provisions: aspirations, promote the common Examine it in the good, conserve and develop our history of the time and patrimony, and secure to ourselves conditions and and our posterity, the blessings of circumstances under independence and democracy under which the constitution the rule of law and a regime of truth, was framed. justice, freedom, love, equality, and peace, do ordain and promulgate this CONSTITUTION WHEN IT Constitution. COMES TO CERTAIN BASIC INDIVIDUAL RIGHTS Purpose: The Constitution merely The preamble was set as a guiding recognizes and protects these point for the constitution, as it was rights and does not bring them made before the rest of the into existence. It is not the constitution was finished. It serves Constitution that creates or as a clear basis of the intention and confers them. purpose of the framers, so it is used The Constitution is not the when interpreting the law. origin of private rights. It is not the fountain of law HOW TO CHALLENGE THE nor the incipient state of government. CONSTITUTION ★ Qualitative Test: focuses on You CAN NOT. You may only how it would affect the nation amend or revise the Constitution long-term (Art 17, 1987 Consti). To challenge the constitution would be ★ Quantitative Test: focuses on unconstitutional. how many articles/provisions would be affected WHAT MAKES A PROVISION OF THE SELF-EXECUTING VS CONSTITUTION NON SELF EXECUTING UNCONSTITUTIONAL ★ SELF-EXECUTING: a rule The CONSTITUTION itself. that by itself is directly or indirectly applicable without PUBLIC LAW - relations between need of statutory legal persons and a government implementation. A provision which is complete in itself and DEFINITION OF THE becomes operative without the CONSTITUTION aid of supplementary or enabling legislation. (Ex. Sec. Cooley: that body of rules and 17, Art. VII the President’s maxims in accordance with which power of control over all the powers of sovereignty are departments as directly habitually exercised.  conferred upon him is Amendments Revisions self-executing) Alters 1 Alters basic ★ NON-SELF-EXECUTING: specific, principle in the seperable prov. consti provision is one that remains dormant unless it is activated To add spec. Re-examination by legislative implementation. parts of entire It generally lays down basic Add new docu/has principles. (Ex. Sec. 4, Art. II necessary implication for Suppress ones entire docu - the prime duty of defending deemed the State is dangerous non-self-executing) GR: the provision of the No May involve Constitution should be considered rewriting consti self-executing XPN: the contrary is clearly intended. In the absence of a clear GR: The Congress or Convention showing of a contrary intention, the has the POWER TO PROPOSE provisions of the Constitution should AMENDMENTS OR REVISIONS, be regarded as mandatory. but the people has the POWER TO - Why? Because the AMEND or REVISE because the fundamental law would have proposal submitted to them by the no more force and prestige Congress/convention is subject than a set of directions which to their RATIFICATION. the government and the people would be free to PROPOSAL disregard. Amendment or revision of the - ALWAYS PROSPECTIVE Constitution may be proposed in - Prohibitory = negation. 2-3 ways: Absolute NO - Grant of power = mandatory 1. By Congress acting as a (Cruz, p.10, 2015) constituent body (p.1, Sec.1, Art. XVII) MODES FOR PROPOSAL  A vote of 3/4 of all its members is people decide on a required. plebiscite they want to call upon a Voting requirements: constitutional - Congress (acting as a Constituent convention. Assembly) has full and plenary If na-reach ang To submit to the authority to propose Constitutional 2⁄3 vote, electorate (people), Amendments or to call a Convention Congress itself the ONLY for the purpose, by a 3⁄4 votes of will determine REQUIREMENT is EACH HOUSE IN JOINT whether there is a the majority of vote. SESSION assembled by VOTING need for Con Con. SEPARATELY. (Imbong vs. Comelec, GR. L-32432, September 11, 1979) - the Con Con had already drafted a proposal, there is no definite 2. By a constitutional convention number of affirmative votes to call (Art. XVII, 1) Comelec to organize the plebiscite a) Congress calls a Con Con by a for ratification of the draft. vote of 2/3 of all its members, or (upper threshold: 2/3rds) 3. By the people (Art. XVII, Sec. b) Congress submits to the electorate 2) the question of calling such Through initiative upon petition by convention, by an absolute majority 12% of all registered voters, of vote. (lower threshold: majority) whichever legislative district is represented by at least 3% of its Upper Lower registered voters. But this cannot be resorted to: Achieve the vote If the 2⁄3 vote (i) within 5 years from of requirement was not 2⁄3 of all its met but it is still a February 2, 1987, nor (ii) more often members majority of all the than once every five years. members, they will submit to the Any amendment or revision shall be electorate the valid when ratified by a majority of question of calling the votes cast in a plebiscite to be such a convention. held between 60 to 90 days from, the MEANING, letting approval of the amendment or the revision in the case of Congress or the Con Con, or the certification by passing a statue by initiative & COMELEC of the sufficiency of the referendum. petition in the case of the people. Higher percentage is in recognition Initiative: of the fact that the process involves Method whereby the people a constituent & not an ordinary themselves can directly legislative act. propose amendments to the Constitution. 2. This method of proposing amendments may not be used Provided in Section 2. “within 5 years following the The power of the people to propose ratification of this Constitution nor amendments to the Constitution or oftener than once very 5 years to propose and enact legislations thereafter.” through an election called for the purpose. (Sec. 3(a), RA 6735) This is merely to recognize that initiative is both an extraordinary & Referendum: cumbersome process & to abuse it the power of the electorate to by too frequent use can unduly approve or reject a legislation hamper government operations. though an election called for the 3 systems of initiative: purpose. (Sec. 3(c), RA 6735) Limitations on amendment through initiative & referendum: 1. An effective proposal must carry the support of “at least 12 per centum of the total number of Two Essential Elements in registered voters, of w/c every Initiative Petition: legislative district must be 1. The people must author and thus represented by at least 3 per sign the entire proposal. No centum of the registered voters agent or representative can sign on therein. their behalf. Percentage of the total no. of votes 2. As an initiative upon petition, the required is higher than that for proposal must be embodied in a petition (Lambino v. COMELEC, Ratification (Sec. 4, Article 17, supra) 1987 Constitution) “Any amendment to, or TLDR: revision of, this Constitution under ★ Congress & Con-Con may Section 1 hereof shall be valid when propose both a & r ratified by a majority of the votes ★ Electorate can propose cast in a plebiscite which shall be through initiative only held not earlier than sixty days nor amendments. later than ninety days after the ★ Insofar as initiative is approval of such amendment or concerned, it can ONLY relate revision.” to amendments, NOT revision. “Any amendment under ★ Without implementing Section 2 hereof shall be valid legislation, Section 2 when ratified by a majority of the (initiative) cannot operate. votes cast in a plebiscite which shall be held not earlier than sixty days RA 6735 nor later than ninety days after the ★ Law governing People’s certification by the Commission on Initiative Elections of the sufficiency of the ★ Enacted: Aug. 4, 1989 petition.” ★ Required law by the Constitution so that we have a Atty. DG: rule governing how People’s - In calling for Con-Con Congress Initiative will be done & may have 2 options: executed. 1. Call for members directly of it covers only initiatives on national Con-Con and local legislation. Its references 2. Go to the electorate & submit to initiatives on the Constitution are to the electorate the decision few, isolated, and misplaced. R.A. whether to call such Con-Con No. 6735 does not specify the - All members of Con-Con are procedure how initiative on the ELECTED Constitution may be accomplished - NOT members of Congress - Although members of Congress “incomplete, inadequate or wanting may resign from their posts as in essential terms and conditions” House/Senate & run as a position of delegate in Con-Con - Art. 17 does NOT decisis is not one of the precepts set SPECIFICALLY state if House/ in stone in our Constitution. Senate vote separately If vote separately: POLITICAL LAW Basis: - Branch of public law which Checks & balances deals with the organization Congress is Bicameral and operations of the if vote jointly: it would dilute governmental organs of the the power of Senate State - People’s initiative is NOT - Defines the relations of the SELF-EXECUTING State with the inhabitants of its territory 3: STARE DECISIS to stand by things decided; When a CONSTITUTIONAL court faces a legal argument, if a previous court has ruled on the same LAW or a closely related issue, then the The study of the maintenance of the court will make their decision in proper balance between authority as alignment with the previous court's represented by the three inherent decision. powers of the State and liberty as guaranteed by the Bill of Rights. Vertical stare decisis deals with the duty of lower courts NOTE: The true role of to apply the decisions of the higher Constitutional Law is to effect an courts to cases involving the same equilibrium between authority and facts. liberty so that rights are exercised within the framework of the law and Horizontal stare decisis the laws are enacted with due requires that high courts must follow reference to rights. its own precedents. CONSTITUTIONAL LAW 1 - a Prof. Consovoy correctly observes study of structure and powers of the that vertical stare decisis has been Government of the Republic of the viewed as an obligation, while Philippines. It deals with horizontal stare decisis has been certain basic concepts of political viewed as a policy, imposing choice law (i.e, nature of the State, but not a command. Indeed, stare supremacy of the Constitution, Private law? separation of powers, and the - Deals with a specific group of rule of the majority.) individuals. applies to private relationships between individuals. International law is not higher nor Components of political law? lower than the Constitution. We can assert sovereignty in our state - constitutional law ,law on public officers administrative law, election because we have international laws. law, municipal law However, the SUPREMACY of the What is the constitution? CONSTITUTION extends only in - A body of maxims and rules that is the Philippines in accordance with the sovereignty that is exercised by the people. February 25, 1986 to March 24, Can there be any circumstances where 1986 – there was “NO there's no constitution that governs? CONSTITUTION AT ALL” during is it required for you to have a state? this time. The directives and orders - no ? (nag move on kagad) of the government were the supreme law because no constitution limited What are the constitutions of the the extent and scope of such Philippines before the 1987 constitution? directives and orders. - 1955 Constitution during the Commonwealth, 1972 constitution What is the definition of during Marcos' presidency, the constitutional law? freedom constitution when the 1987 Constitution was still being - Study of the structure and powers drafted, And then the last one is the of the Philippines as represented by constitution we use presently the 3 IP of the State. Difference in which is the 1987 constitution. scope. Are the previous constitutions still Political law? relevant? and if yes, why are they relevant and how are they relevant - deals with the inhabitants of the and why are they still binding? people of the state. branch of public law that deals with the - Yes, because some provisions of organizations of the state. the 1987 constitution were based on the previous provisions of the Public law? aforementioned constitutions. Although they are no longer valid - deals with the general public. and binding because the current Between individuals and the state. constitution is the supreme law,  making it supersede the previous Who are the framers of the constitutions. constitution? - They are relevant regarding the formulation of the constitution, but - the people (preamble) regarding effectivity they are not valid. Under what constitution did president aquino assume presidency? Exceptions? - by the people bc of interregnum - citizenship. When inferring - proclamation 1-3 (sovereignty citizenship, the current constitution resides in the people during their birth validates the answer. When was the 1987 constitution ratified? Prior to the 1987 constitution, what was the constitution that was - feb 2 1987, feb 11 1987 announced governing? - when the people ratified it (de leon vs esguerra) - The freedom constitution. what are the rules you need to observe Who is the constitutional successor of in interpreting the constitution? Bongbong Marcos? - verba legis: word of the law - Vice President Sara Duterte basis? text itself Before Cory took office what was the constitution that was governing the - ratio legis et anima: spirit of the Philippines? law - no constitution. since Marcos was analysis of the provision based on ousted. the intention of the framers - ut magis raleat quam pereat: better So Aquino was assuming power with for a provision to have an effect no authority? than be void - she was recognized by the people. reading the entire constitution in - she was not the president of the order to give meaning to the 1973 constitution took an oath provisions which are ambiguous swearing to defend and protect the 1973. constitution her oath was a *rule of statutory construction states that reference to the fundamental law we have to adhere to the first way of which wasn't defined in the interpretation constitution, so she took the presidency outside of the existing Why do we need to respect the powers of constitution at the time. personal textbook meaning of the law? Under what authority did president - Because the constitution holds the Aquino assume the presidency? source of guidance and the general rights and liabilities or obligations - upon the will of the people.  of the entire public of the Who may amend or revise the Philippines constitution? - The constitution was made by the people therefore it should be - people. according to the interpreted as the people would sovereignty of the people. congrees interpret it (dura sed lex) may only propose. Suppose that the constitution modes of proposing amendments? provides that everyone is vested the rights to enjoy marijuana orto kill - concon conass pi another person. Would that be revisions? considered unconstitutional? - concon conass - No, because declaring something as unconstitutional implies that it is voting requirements? against the constitution, but in this scenario, the constitution itself - bicameralism. provides for the rights therefore it is not unconstitutional Does ra 6735 have no value? If you were the justice of the Supreme - yes, in amendment/revision of the Court, are you able to amend or revise constitution thru pi. it is sufficient the constitution ? in initiative on local legis + municipalities - revisions or amendments of the constitution are not up for judicial review. The Supreme Court only has jurisdiction regarding matters outside of political issues. Changing the constitution would entail changing the system of the Philippines itself. What are the principles governing amendments and revisions? - art 17, sec 21. Amendments or revisions are governed by certain provisions of the constitution, such as congress, constitutional convention, and constituent assembly.