Constitutional Supremacy (manila prince Hotel)

A constitution is a system of fundamental laws for the governance and administration of a

nation. It is supreme, imperious, absolute and unalterable except by the authority from which it
emanates. It has been defined as the fundamental and paramount law of the nation.[10] It
prescribes the permanent framework of a system of government, assigns to the different
departments their respective powers and duties, and establishes certain fixed principles on
which government is founded. The fundamental conception in other words is that it is a supreme
law to which all other laws must conform and in accordance with which all private rights must be
determined and all public authority administered.[11] Under the doctrine of constitutional
supremacy, if a law or contract violates any norm of the constitution that law or contract whether
promulgated by the legislative or by the executive branch or entered into by private persons for
private purposes is null and void and without any force and effect. Thus, since the Constitution
is the fundamental, paramount and supreme law of the nation, it is deemed written in every
statute and contract.
What is the difference of Constitution and Statute
Statute
A statute is a written law passed by a legisla
ture on the state . Statutes set forth general
propositions of lawthat courts apply to specif
ic situations.

Constitution
It is supreme, imperious, absolute and unalterable
except by the authority from which it emanates. It has
been defined as the fundamental and paramount law
of the nation

Interpretation vs Construction
Interpretation
The activity of discerning the linguistic
meaning in context (or communicative
content) of a legal text.

Construction
The activity of determining the legal
effect (or legal content) of a legal text.

Self-executing vs non self-executing

Self-executing

Non self-executing

it can be given effect without the aid of legislation,

and there is nothing toindicate that legislation is int
ended to make it operative

they merely set forth a line of policy or principles wit

hout supplying themeans by which they are to be eff
ectuated, or if the language of the constitution is dire
cted to the legislature. As a result, aconstitutional pr
ovision that the legislature shall direct by law in what
manner and in what court suits may be brought agai
nstthe state is not self-executing.

Impeachable officials

President
Vice President
Members of the SC
Members of the Constitutional Commission
Ombudsman
Interpretation of the Constitution

Verba legis- it must be given its literal meaning and applied without attempted
interpretation.
Ratio legis est anima- that the words of the Constitution should be interpreted in
accordance with the intent of its framers.
Ut magis valeat quam pereat- The Constitution is to be interpreted as a whole

De facto
The term has come to describe
control of state without the
recognition of the state

De Jure
A de jure government is the legal, legitimate governm
ent of a state and is so recognized by other states
Paying tax
Follow the laws

KudetaThe sudden overthrow of a government by a usually small group of persons in or previously in p

ositions of authority.

1973 Constitution: ARTICLE I - NATIONAL TERRITORY

Section 1. The national territory comprises the Philippine archipelago, with
all the islands and waters embraced therein, and all the other territories
belonging to the Philippines by historic or legal title, including the territorial
sea, the air space, the subsoil, the sea-bed, the insular shelves, and the
submarine areas over which the Philippines has sovereignty or jurisdiction.
The waters around, between, and connecting the islands of the archipelago,
irrespective of their breadth and dimensions, form part of the internal waters
of the Philippines.
1987 Constitution: ARTICLE I - NATIONAL TERRITORY
The national territory comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all other territories over which the
Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial
and aerial domains, including its territorial sea, the seabed, the subsoil, the
insular shelves, and other submarine areas. The waters around, between, and
connecting the islands of the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the Philippines.
COMPARISON(19731987)
1987 Constitution: ARTICLE I - NATIONAL TERRITORY
Section 1. The national territory comprises the Philippine
archipelago, with all the islands and waters embraced therein,
and all other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its terrestrial, fluvial
and aerial domains, including its territorial sea, the seabed,
the subsoil, the insular shelves, and other submarine areas.
The waters around, between, and connecting the islands of
the archipelago, regardless of their breadth and dimensions,
form part of the internal waters of the Philippines.

The deletion of by historic right and legal title

doesnt mean an outright or formal abandonment of
such claim, which was best left to a judicial body
capable of passing judge judgment over the issuethe
definition of the baseline of the territorial sea of the
Philippine archipelago as provided for in Section 2 of
RA No. 5446 is without prejudice to the delineation of
the baseline of the territorial sea around the territory of
Sabah, situated in North Borneo, over which the RP has
acquired dominion and sovereignty. [C&C;P23-23]

. Territory
[M]ust be neither too big as to be difficult to administer and defend nor too
small as to be unable to provide for the needs of the population
o Macariola vs. Asuncion(Government and the officials)

It was held that Article 14 of the Code of Commerce

prohibiting judges from engaging commerce was political in
nature and so was automatically abrogated with the end of
Spanish rule in the country.
NOTE: Where there is a change of sovereignty, the political laws are not
merely suspended but abrogated. As they regulate the relationship between the
ruler and the ruled, these laws shall fall to the ground ipso facto unless they
are retained or re-enacted by positive act of the new sovereign. Non-political
laws, by contrast, continue in operation, for the reason also that they regulate
private relations only, unless they are changed by the new sovereign or are
contrary to its institutions.

BRACHES OF GOVERNMENT AND THEIR POWERS:

BRANCH
Legislative
Executive
judicial

POWER
1.legislate law
2.Repeal
3.Alter
1.enfore
2.administerlaw
3.application of law

DELEGATION OF POWERS
Doctrine of separation of powers is the principle of non delegation powers.The rule
is potestas delegate non delegari potest-what has been delegated cannot be
delegated.

Kinds of constitution

Written or unwritten- consists of rules which have not been integrated into a
single ,concrete form.

Convential or cumulative enacted constitution ,formally struck off at a

definite time and place.

Rigid-the one that can be amended only by a formal and usually difficult
process .flexible can be change by ordinary legislation

Can Congress amend Constitution?

Yes .upon a vote of 3/4 of all its member
Constitutional Convention 2/3 of all its member
Peoples initiative -12% of the total registered voters,every legislative districts must
be represented of atleast 3%