Fundamental Law of the Land: History and its Concept

 Constitution defined.

The Constitution has been defined as the fundamental and paramount law of the nation. It prescribes the permanent framework of a system of government, assigns the respective powers and duties of the different departments, and establishes certain fixed principles upon which the government is founded.

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.

The fundamental conception, in other words, is that it is the 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. (Manila Prince Hotel v. GSIS, G.R. No. 122156, February 3, 1997)

Doctrine of Supremacy of the Constitution

Under the doctrine of constitutional supremacy, if a law or contract violates any provision of the Constitution, that law or contract, whether promulgated by the legislative or executive branch, or entered into by private persons for private purposes, is null and void, and without any force or effect.

Thus, since the Constitution is the fundamental, paramount, and supreme law of the nation, it is deemed to be written into every statute and contract. (Manila Prince Hotel v. GSIS, 267 SCRA 408 [1997])

In Ynot v. Intermediate Appellate Court, President Marcos signed Executive Order No. 626-A, which regulated the interprovincial movement of carabaos. Under this order, failure to comply with its requirements resulted in the outright confiscation of carabaos and carabeef, thereby denying due process. The Supreme Court held that the minimum requirements of due process under the Constitution, notice and hearing, may not be dispensed with. Therefore, the executive order in question was declared unconstitutional.

What Are the Effects of a Declaration of Unconstitutionality?

Prior to a declaration of unconstitutionality, a law may be recognized and may produce certain legal effects. Hence, a public officer who implements an unconstitutional law cannot be held accountable for actions taken before its invalidation. 

Once a law is declared unconstitutional by the Supreme Court, it shall no longer be recognized and shall not confer rights upon the parties. (Ynot v. Intermediate Appellate Court) 

Classification of Constitutions

A. According to Origin

A.1. Conventional or Enacted – A constitution enacted by a constituent assembly or granted by a ruler to their subjects.

A.2. Cumulative or Evolved – A constitution that develops over time, shaped by customs, traditions, judicial decisions, and other sources, rather than by formal enactment.

B. According to Form

B.1. Written – A constitution that has been formally documented at a specific point in time.

B.2. Unwritten – A constitution that emerges through political evolution, consisting largely of customs, usages, judicial decisions, and statutory enactments.

C. According to method of amendment

C.1. Rigid or Inelastic – A constitution that cannot be amended or altered except through a special process more complex than ordinary legislation.

C.2. Flexible or Elastic – A constitution that may be amended in the same manner as ordinary laws.

Essential qualities of a good written constitution

               The qualities of a good written constitution include:

1.      Broad – It must be comprehensive, covering the functions of government and the relationships among its departments and instrumentalities.

2.      Brief – It should be concise and not excessively lengthy, yet still include essential principles such as the structure of government and the fundamental rights of citizens.

3.      Definite – It must be written in clear, accessible language that citizens can easily understand, avoiding vague or ambiguous provisions.

Essential parts of a good written constitution are the following, namely:

1. Constitution of liberty. This consists of a series of prescriptions that set forth the fundamental civil and political rights of citizens and impose limitations on the powers of the government, thereby securing the enjoyment of those rights.

 

It can be deduced that, without such limitations, the government may become excessively powerful. Thus, the constitution provides that the civil and political rights of citizens must be respected by the government. These limitations are articulated in the Bill of Rights, Article III of the Philippine Constitution.

2. Constitution of Government. These are the provisions in the constitution that outline the framework of government. They enumerate the powers and rules governing the administration, and define the electorate.

For instance, Article II on State Principles and Policies defines the nature of the Philippine government, stating in part: “The Philippines is a democratic and republican state.” Other related articles include Article VI (Legislative Department), Article VII (Executive Department), Article VIII (Judicial Department), and Article IX (Constitutional Commissions).

3. Constitution of Sovereignty. This consists of provisions that lay out the mode and procedure for amending or revising the constitution. These are stipulated in Article XVII of the Philippine Constitution.

What are the modes in changing the Philippine Constitution?

It is expressly provided in Art 17 three modes of changing the Constitution:

1. Constitutional Assembly. The members of the legislative department can propose amendments or revisions to the Constitution. It is not a legislative power but an inherent right of the people. The Congress may vote for  ¾ of all its members (3/4 of the Senate and 3/4 of the House of the Representatives).

2. Constitutional Convention.  The legislative department shall create a separate body composed of elected representatives by directly calling a 2/3 vote of all the members of Congress or by submitting the issue to the people in a plebiscite. However, if the 2/3 vote is not obtained. By a majority vote of all the members of Congress with the question of whether or not to call a convention to be resolved by the plebiscite. (Sec. 3, Art. 17).

3. People Initiative. Sec. 2 Article 17 requires a petition of at least 12 percent of the total number of registered votes, of which every legislative district must be represented by at least 3 percent of the registered voters therein. This requires the enactment of a law since it is not a self-executing provision.

Amendment	Revision
If a particular article or section of the constitution is changed.	If the entire constitution is changed, then this circumstance is known as revision.
However, if it alters the political structure of a country this is also known as revision. Example, changing the form of government from presidential to parliamentary involves a revision and not amendment. (Lambino v. COMELEC, October 25, 2006)

1935 Philippine Constitution

The 1935 Constitution was the first fundamental law of the Philippines as an independent nation. It established a presidential form of government with a bicameral legislature, an independent judiciary, and a bill of rights.

The President and Vice President were elected by direct popular vote for a four-year term and were eligible for one re-election.

The Chief Justice and ten (10) Associate Justices of the Supreme Court were appointed by the President, subject to the consent of the Commission on Appointments. The Supreme Court exercised the power of judicial review and had the authority to declare laws and acts of government instrumentalities unconstitutional.

There were twenty-four (24) senators, two from each of the twelve (12) senatorial districts. The House of Representatives had one member for every 100,000 inhabitants, with a minimum of 100 members.

The Constitution guaranteed the civil and political rights of citizens, including freedom of speech, press, and religion; the right to petition the government for redress of grievances; due process and equal protection of the laws; and protection against unreasonable searches and seizures.

1975 Philippine Constitution

It established a parliamentary form of government with a unicameral legislature.

The Prime Minister was the head of government and the commander-in-chief of the armed forces. He was elected by the National Assembly either from among its members or from the general public. The Prime Minister had the power to dissolve the National Assembly, call for a referendum, grant pardons, and declare a state of emergency.

The National Assembly comprised 120 members, elected by popular vote for a term of six years. It held the power to enact laws, approve treaties, confirm appointments, impeach officials, and propose amendments to the Constitution.

The Judicial Department consisted of a Chief Justice and fourteen (14) Associate Justices, appointed by the Prime Minister with the consent of the Commission on Appointments. It exercised the power of judicial review, with authority to declare laws and acts of the government unconstitutional.

The Constitution also established the following three Constitutional Commissions:

1.      Commission on Elections – supervised all elections and referenda.

2.      Commission on Audit – tasked with auditing the accounts of all government agencies and offices.

3.  Commission on Human Rights – whose primary function was to investigate human rights violations and recommend their prosecution.

1987 Philippine Constitution

The 1987 Constitution took effect on February 11, 1987. This Constitution is known as the Freedom Constitution because it was drafted after the People Power Revolution of 1986, which ended the regime of President Ferdinand Marcos.

The Constitution is composed of 18 articles. These include: Preamble, National Territory, State Principles and Policies, Bill of Rights, Citizenship, Suffrage, Legislative Department, Executive Department, Judicial Department, Constitutional Commissions, Local Government, Accountability of Public Officers, National Economy and Patrimony, Social Justice and Human Rights, Education, Science and Technology, Arts, Culture and Sports, The Family, General Provisions, Amendments or Revisions, and Transitory Provisions.

The 1987 Philippine Constitution establishes a presidential form of government. The President is the chief executive and commander-in-chief of the Armed Forces of the Philippines. The President is elected through a national election for a term of six years and is ineligible for re-election. Executive powers include the authority to veto bills, grant amnesty, declare martial law in cases of rebellion or invasion, negotiate treaties, and call Congress to a special session.

The grounds for the removal of the President are death, permanent disability, removal from office through impeachment, and resignation. Based on the rule of succession, the Vice President shall succeed in the above circumstances.

The legislature is bicameral, meaning it consists of two chambers: the Senate and the House of Representatives. The Senate has 24 members, while the House of Representatives has 250 members unless otherwise provided by law. Congress may increase its membership by enacting legislation. As of the 19th Congress, there are 316 members.

The judicial branch is headed by the Supreme Court, which is composed of one Chief Justice and fourteen (14) Associate Justices. This branch is known as the guardian of the Constitution. It can review and declare laws or statutes unconstitutional when they conflict with the Constitution a power known as judicial review.

Presidential vs. Parliamentary form of government.

	Presidential	Parliamentary
Head of the State	The President is the head of state and elected through popular election.	The political party that holds the majority seats has the authority to elect a person who will become the Prime Minister.
Independence of each Department or Branche	There is an existing doctrine of separation of powers among the three branches, the executive, legislative and judicial.	The head of the executive is also the head of the legislative branch.
Stability of Government	The government is considered stable because the president's tenure is fixed.	The prime minister, however, can be removed by the majority political party.
Examples	Philippines, United States, Indonesia, Pakistan and Mexico	United Kingdom, Sweden, Japan, Finland and Australia

References

CourseHero. (n.d.). Political Law. Retrieved from https://www.coursehero.com/file/8992834/11514735-Political-Law/

 

Villavicencio v. Lukban, 39 Phil. 778 (1919).

 

Manila Prince Hotel v. Government Service Insurance System (GSIS), G.R. No. 122156, February 3, 1997.

 

Lambino v. Commission on Elections (COMELEC), G.R. No. 174153, October 25, 2006.

 

Ynot v. Intermediate Appellate Court (IAC), G.R. No. L-74457, March 20, 1987.