Lecture Notes On The Constitution and Government

PS 100
Political Science
&
Philippine Constitution
Mr. Antonio C. Cayetano, B.S.Ed., LL.B., M.A.
INTRODUCTION
CONCEPT OF CONSTITUTION
CONSTITUTION
 CONSTITUTION – refers to “that body of rules and principles in

accordance with which the powers of sovereignty are regularly
exercised.
CONSTITUTION OF THE PHILIPPINES
 CONSTITUTION OF THE PHILIPPINES – may be defined as that

written instrument by which:
• The fundamental powers of government are established, limited,
and defined; and
• These powers are distributed among the several departments or
branches for their safe and useful exercise for the benefit of the
people.
INTRODUCTION
NATURE & PURPOSE OR FUNCTION OF CONSTITUTION

1. SERVES AS THE SUPREME OR FUNDAMENTAL LAW.
• THE HIGHEST LEVEL IN THE HIERARCHY OF LAWS.
• ALL OTHER LAWS MUST CONFORM TO IT.
• THE TEST OF THE LEGALITY OF ALL GOVERNMENTAL ACTIONS.
2. ESTABLISHES BASIC FRAMEWORK AND UNDERLYING PRINCIPLES OF
GOVERNMENT.
• AN ORGANIC LAW UPON WHICH GOVERNMENT„S EXISTENCE IS
BASED.
• IT PRESCRIBES THE PERMANENT FRAMEWORK OF THE SYSTEM OF
GOVERNMENT.
• IT ASSIGNS TO THE DIFFERENT DEPARTMENTS THEIR RESPECTIVE
POWERS AND DUTIES.
• IT ESTABLISHES CERTAIN BASIC PRINCIPLES ON WHICH THE
GOVERNMENT IS FOUNDED.
• IT PRESERVES AND PROTECTS THE RIGHTS OF INDIVIDUALS AGAINST
THE ARBITRARY ACTIONS OF THOSE IN AUTHORITY.
INTRODUCTION
MEANING OF CONSTITUTIONAL LAW

CONSTITUTIONAL LAW
 CONSTITUTIONAL LAW.
• It may be defined as that branch of public law which treats of
constitutions, their nature, formation, amendment, and
interpretation.
• It refers to the law embodied in the Constitution as well as the
principles growing out of the interpretation and application made
by the courts (particularly the Supreme Court, being the court of
last resort) of the provisions of the Constitution in specific cases.
ROLE OF CONSTITUTIONAL LAW

 To effect an equilibrium between authority and liberty so that rights
are exercised within the framework of the law and laws are enacted
with due reference to rights.
INTRODUCTION
KINDS OF CONSTITUTION
A. AS TO THEIR ORIGIN AND HISTORY.
1. CONVENTIONAL OR ENACTED. One which is enacted by a constituent
assembly or granted by a monarch to his subjects like the Constitution
of Japan in 1889.
2. CUMULATIVE OR EVLOVED. One which is a product of growth or long
period of development originating in customs, traditions, judicial
decisions, etc., rather than from a deliberate and formal enactment.
B. AS TO THEIR FORM.
1. WRITTEN. One which has been given definite written form at a particular
time, usually by a specially constituted authority called a “constitutional
convention.”
2. UNWRITTEN. One which is entirely the product of political evolution,
consisting largely of a mass of customs, usages and judicial decisions
together with a smaller body of statutory enactments of a fundamental
character, usually bearing different dates.
INTRODUCTION
KINDS OF CONSTITUTION
C. AS TO MANNER OF AMENDING THEM
1. RIGID OR INELASTIC. One regarded as a document of special

sanctity which cannot be amended or altered except by some special
machinery more cumbrous than the ordinary legislative process
2. FLEXIBLE OR ELASTIC. One which possesses no higher legal

authority than ordinary laws and which may be altered in the same
way as other laws.
The Philippine constitution may be classified as

conventional or enacted, written, and rigid or inelastic. It
was drafted by an appointive body called “Constitutional
Commission.”
INTRODUCTION
ADVANTAGES & DISADVANTAGES OF A WRITTEN CONSTITUTION
ADVANTAGES DISADVANTAGES
• Clearness and definiteness insofar

as it is prepared with great care and
deliberation.
• It cannot be easily bent or twisted by • It is difficult to be amended.
the legislature or the courts to meet
the temporary fancies of the • It prevents the immediate
moment. introduction of needed changes.
• The protection it affords and the
rights it guarantees are apt to be • It hinders the healthy growth and
more secure. progress of the State.
• It is more stable and free from all
dangers of temporary popular
passion.
INTRODUCTION
REQUISITES OF A GOOD WRITTEN CONSTITUTION
AS TO FORM
1. BRIEF. It only outlines the structure of the government of

the whole State and the rights of the citizens.
2. BROAD. It is a comprehensive statement of the powers and

functions of government, and of the relations between the
governing body and the governed.
3. DEFINITE. In order to ensure easy and clear interpretation

and application of its provisions to concrete situations.
INTRODUCTION
REQUISITES OF A GOOD WRITTEN CONSTITUTION
AS TO CONTENTS
1. CONSTITUTION OF GOVERNMENT. It deals with the
framework of government and its powers and defines the
electorate as well.
2. CONSTITUTION OF LIBERTY. It sets forth the fundamental
rights of the people and imposes certain limitations on the
powers of government as a means of securing the
enjoyment of these rights.
3. CONSTITUTION OF SOVEREIGNTY. It points out the mode
or procedure for the amendment or revision of the
Constitution.
INTRODUCTION
CONSTITUTION DISTINGUISHED FROM STATUTE
CONSTITUTION STATUTE
• A legislation direct from the people • A legislation from the people’s

representatives.
• It merely states the general
framework of the law and the • It provides the details of the subject
government. of which it treats.
• It is intended not merely to meet

existing conditions but to govern the • It is intended primarily to meet
future. existing conditions only.
• It is the supreme or fundamental law • It must conform to the provisions and

of the State. intent of the Constitution.
INTRODUCTION
AUTHORITY TO INTERPRET THE CONSTITUTION
1. PRIVATE INDIVIDUAL.
• One may interpret or ascertain the meaning of a particular
provisions of the Constitution.
• Such interpretation may govern his own actions and guide
him in his dealings with other persons.
2. THE JUDICIARY (COURTS)

• Final decisions are binding on all departments or organs of
government, including the legislature.
• It construes/interprets the applicable constitutional provisions
not in accordance with how the executive or legislative
department may want them construed or interpreted, but in
accordance with what said provisions say and provide.
INTRODUCTION
AUTHORITY TO INTERPRET THE CONSTITUTION
2. THE JUDICIARY (COURTS)

• Constitutional or Political Questions - are those questions
which, under the Constitution, are to be decided by the people
in their sovereign capacity, or in regard to which full
discretionary authority has been delegated to the legislature
or executive branch of the government.
They are beyond the power of the Judiciary.
For example: The determination of the President as to which

foreign government is to be recognized by the
Philippines.
INTRODUCTION
CONCEPT OF STATE
STATE
A community of persons more or less numerous,

permanently occupying a definite portion of
territory, having a government of their own to
which the great body of inhabitants render
obedience and enjoying freedom from external
control.
INTRODUCTION
ELEMENTS OF STATE
1. PEOPLE. They are the inhabitants of the State.

2. TERRITORY. It is a fixed portion in the surface of the
earth.
3. GOVERNMENT. It is an agency through which the will of
the State is formulated, expressed and carried out.
4. SOVEREIGNTY. It is the supreme power to command and
enforce obedience to its will from the people within its
jurisdiction and corollarily, to have freedom from foreign
control.
5. RECOGNITION. It is an act of one State to recognize the
legitimacy of government of another States.
INTRODUCTION
THE THREE BRANCHES OF GOVERNMENT
1. THE EXECUTIVE DEPARTMENT. The law-enforcing

body which executes, implements and administers
laws.
2. THE LEGISLATIVE DEPARTMENT. The law-making

body which enacts laws and repeal the same.
3. THE JUDICIARY. The law-interpreting body which

interprets and applies the provisions of law in a
specific controversy, or which hears and decide a
case.
INTRODUCTION
TWO MANIFESTATIONS OF SOVEREIGNTY
1. INTERNAL SOVEREIGNTY. The power of the

State to rule within its territory.
2. EXTERNAL SOVEREIGNTY. The power of the

State to carry out its activities without
subjection to or control by other States.
INTRODUCTION
THE THREE FUNDAMENTAL POWERS OF GOVERNMENT
1. THE EXECUTIVE POWER. The power to execute,

implement and administer laws.
2. THE LEGISLATIVE POWER. The power to enact laws

and repeal the same.
3. THE JUDICIAL POWER. The power to interpret and

apply the provisions of law in a specific controversy,
and the power to hear and decide a case.
INTRODUCTION
THE THREE INHERENT POWERS OF THE STATE
1. POLICE POWER. The power to enact laws for the

promotion of public safety and order, public health,
public morals, education and general welfare.
2. TAXATION POWER. The power to exact proportional

contribution from the people to defray the cost of
governmental expenditures.
3. POWER OF EMINENT DOMAIN. The power to take

private property for public use upon payment of just
compensation.
INTRODUCTION
THEORIES IN THE ORIGIN OF STATE
1. DIVINE RIGHT THEORY. The state is a divine creation and

the ruler is ordained by God to rule the people.
2. FORCED / NECESSITY THEORY. The State must have been

created through force, by some great warriors who
imposed their will upon the weak.
3. PATERNALISTIC THEORY. The State evolves or emerges

from the family, clan tribe, nation and State.
4. SOCIAL CONTRACT THEORY. The State is created by the

voluntary and deliberate act of people to form society for
their mutual benefit and protection.
INTRODUCTION
FORMS OF GOVERNMENT
A. AS TO THE NUMBER OF PERSONS EXERCISING THE

POWERS OF SOVEREIGNTY
1. MONARCHY. The fundamental powers of the

government are exercised by one single person. In
ABSOLUTE MONARCHY, the monarch rules by divine
right. In LIMITED MONARCHY, the monarch rules in
accordance with a Constitution.
2. ARISTOCRACY. The fundamental powers of the

government or political powers are exercised by a
privileged class.
INTRODUCTION
FORMS OF GOVERNMENT
A. AS TO THE NUMBER OF PERSONS EXERCISING THE POWERS

OF SOVEREIGNTY
3. DEMOCRACY. The fundamental powers of government are

exercised by a majority of the people.
a. DIRECT/PURE DEMOCRACY – the will of the STATE is
formulated or expressed directly and immediately through
the people in a mass meeting or primary assembly.
b. INDIRECT/REPRESENTATIVE/REPUBLICAN DEMOCRACY
– the will of the STATE is formulated and expressed
through the agency of a relatively small and select body of
persons chosen by the people to act as their
representatives.
INTRODUCTION
FORMS OF GOVERNMENT
B. AS TO THE EXTENT OF POWERS EXERCISED BY THE CENTRAL

OR NATIONAL GOVERNMENT
1. UNITARY GOVERNMENT – the central or national government

exercises the control of national and local affairs.
2. FEDERAL GOVERNMENT – the powers of government are

divided between two sets of organs, one for national affairs
and the other for local affairs, each organ being supreme
within its own sphere.
INTRODUCTION
FORMS OF GOVERNMENT
C. AS TO THE RELATIONSHIP BETWEEN THE EXECUTIVE AND

LEGISLATIVE BRANCHES OF GOVERNMENT.
1. PARLIAMENTARY GOVERNMENT – the executive leadership is

composed of leading members of the legislature.
2. PRESIDENTIAL GOVERNMENT – the Executive is

constitutionally independent of the legislature as regards his
tenure and his policies and acts.
INTRODUCTION
FORMS OF GOVERNMENT
C. AS TO ITS LEGITIMACY.
1. DE FACTO GOVERNMENT – a government that has not sufficiently

demonstrated its compliance with the conditions set forth by the
Community of Nations for the Recognition of a State.
2. DE JURE GOVERNMENT – a government that sufficiently

demonstrated its compliance with the following conditions set forth
by the Community of Nations for the RECOGNITION OF A STATE:
a. The Government has control of the administrative machinery of

the State.
b. The Government has popular acquiescence.
c. The Government is willing and able to comply with its
international obligations.

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PS 100

 CONSTITUTION – refers to “that body of rules and principles in

CONSTITUTION OF THE PHILIPPINES

 CONSTITUTION OF THE PHILIPPINES – may be defined as that

NATURE & PURPOSE OR FUNCTION OF CONSTITUTION

MEANING OF CONSTITUTIONAL LAW

ROLE OF CONSTITUTIONAL LAW

1. RIGID OR INELASTIC. One regarded as a document of special

2. FLEXIBLE OR ELASTIC. One which possesses no higher legal

The Philippine constitution may be classified as

ADVANTAGES & DISADVANTAGES OF A WRITTEN CONSTITUTION

• Clearness and definiteness insofar

REQUISITES OF A GOOD WRITTEN CONSTITUTION

1. BRIEF. It only outlines the structure of the government of

2. BROAD. It is a comprehensive statement of the powers and

3. DEFINITE. In order to ensure easy and clear interpretation

REQUISITES OF A GOOD WRITTEN CONSTITUTION

CONSTITUTION DISTINGUISHED FROM STATUTE

• A legislation direct from the people • A legislation from the people’s

• It is intended not merely to meet

• It is the supreme or fundamental law • It must conform to the provisions and

AUTHORITY TO INTERPRET THE CONSTITUTION

2. THE JUDICIARY (COURTS)

AUTHORITY TO INTERPRET THE CONSTITUTION

2. THE JUDICIARY (COURTS)

They are beyond the power of the Judiciary.

For example: The determination of the President as to which

A community of persons more or less numerous,

1. PEOPLE. They are the inhabitants of the State.

THE THREE BRANCHES OF GOVERNMENT

1. THE EXECUTIVE DEPARTMENT. The law-enforcing

2. THE LEGISLATIVE DEPARTMENT. The law-making

3. THE JUDICIARY. The law-interpreting body which

TWO MANIFESTATIONS OF SOVEREIGNTY

1. INTERNAL SOVEREIGNTY. The power of the

2. EXTERNAL SOVEREIGNTY. The power of the

THE THREE FUNDAMENTAL POWERS OF GOVERNMENT

1. THE EXECUTIVE POWER. The power to execute,

2. THE LEGISLATIVE POWER. The power to enact laws

3. THE JUDICIAL POWER. The power to interpret and

THE THREE INHERENT POWERS OF THE STATE

1. POLICE POWER. The power to enact laws for the

2. TAXATION POWER. The power to exact proportional

3. POWER OF EMINENT DOMAIN. The power to take

THEORIES IN THE ORIGIN OF STATE

1. DIVINE RIGHT THEORY. The state is a divine creation and

2. FORCED / NECESSITY THEORY. The State must have been

3. PATERNALISTIC THEORY. The State evolves or emerges

4. SOCIAL CONTRACT THEORY. The State is created by the

A. AS TO THE NUMBER OF PERSONS EXERCISING THE

1. MONARCHY. The fundamental powers of the

2. ARISTOCRACY. The fundamental powers of the

A. AS TO THE NUMBER OF PERSONS EXERCISING THE POWERS

3. DEMOCRACY. The fundamental powers of government are

B. AS TO THE EXTENT OF POWERS EXERCISED BY THE CENTRAL

1. UNITARY GOVERNMENT – the central or national government

2. FEDERAL GOVERNMENT – the powers of government are

C. AS TO THE RELATIONSHIP BETWEEN THE EXECUTIVE AND

1. PARLIAMENTARY GOVERNMENT – the executive leadership is