Chapter 3 CHAPTER 3 Nature of the Constitution Constitution defined It is defined as body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised (Cooley, Constitutional Limitations, p.4). This definition sounds simple but demands an explanation especially as to its nature and application. Implicit from the given definition, we can have the following insights about the Constitution: 1. It is the collection of legal rules and principles binding to a political community like of the State (e.g. Republic of the Philippines); 2. It is the source of legitimate authority of the State or Government to rule over the people and advance the latter’s welfare at same time in more or less regular basis; 3. As it is the set of authoritative rules and maxims, it establishes the structure, powers and functions of the government as well as its limitations; and 4. Such rules define the political relationship between the State or government and the people (governing authority-governed relationship). The above-mentioned definition necessarily covers both written and unwritten constitution. With particular reference to the constitution of Philippines, it is a written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic (Malcolm, Philippine Constitutional Law,p.6). In one case, the Supreme Court occasioned to provide a simple yet straightforward definition of Constitution in this manner: “Constitution is the fundamental law or basis of government”. It is established by the people, in the sovereign capacity, to promote their own happiness, and permanently to secure their rights, property, independence, and common welfare (Lopez vs. delos Reyes, 55 Phil. 170 November 5, 1930). Definitely, this definition has democratic domain which is giving the importance to the people for political perfection which is exemplified in a high standard of living. This is aligned with the Latin phrase “Salus populi est suprema lex” which means the welfare of the people is the supreme law. Purposes The purposes of Constitution are outlined as follows: 1. To prescribe the permanent framework of a system of government; 2. To assign to the several departments their respective powers and duties; and 3. To establish certain first principles on which the government is founded (11 Am. Jur.606). Moreover, Constitution serves as a symbol of government’s legitimacy and as an instrument of political stability for it guides the courses of action of the government. Classifications To facilitate understanding in context, here is the categorization of Constitution in three areas: a. As to form: 1. Written 2. Unwritten It is described as written constitution when the authoritative rules and principles are placed and codified in a single written document. Obviously, it is a product of deliberate enactment by a person or group of persons authorized to do so. A concrete example of written constitution is no less than the Philippine Constitution where it contains a preamble with 18 articles therein. On the other hand, it is unwritten constitution when such rules of the state are not collectively placed in one document but scattered from different sources. The body of rules is largely from customs and traditions handed down from generation to generation, yet binding to the people. Other sources include parliamentary or legislative enactments and judicial decisions. An example of this kind is that of constitution in Great Britain. b. As to history/origin: 1. Conventional /Enacted 2. Cumulative/Evolved The focal point of this category is the foundation or the beginning of the existence of the constitution. It answers to the query on how it comes into being. It is Conventional or Enacted Constitution when it is duly and purposely enacted by a person like of a Monarch, or by a group of persons like of a Constitutional Convention or Constituent Assembly. In democratic societies, it may be framed directly by the people or people’s representatives. But what is certain is that, it is formally crafted by an individual or group of individuals and promulgated on a definite date. Cumulative Constitution is directly the opposite of conventional constitution. It is a product of historical growth and development experienced by a human society. There is no formal enactment in it as it is based mainly from customs and traditions. It has just evolved over a long period of time embraced and practiced by the people. Thus, Cumulative or Evolved Constitution relates significantly to the Unwritten Constitution. To put it simply, an Unwritten Constitution is likewise a Cumulative or Evolved Constitution. c. As to manner of changing them: 1. Flexible/Elastic 2. Rigid/Inelastic This time the emphasis is on the mode or method of effecting change. Both are changeable but they differ on the manner of changing. It is Flexible Constitution when it can be changed by ordinary means like of changing an ordinary law or statute. This is so since a statute or legislative enactment is more is less of the same value with that of other sources like customs, traditions and judicial decisions. Thus, Flexible Constitution does not have higher authority than a legislative act. On the other hand, Rigid or Inelastic Constitution is one that can be changed not in the manner of changing a statute. It can be changed in a specified way. The mode of changing is relatively more difficult than that of a Flexible Constitution. In the case of Philippine Constitution, the manner of introducing changes is found in Article XVII- Amendments or Revisions, and not in Article VI-Legislative Department which provides a way of making or repealing a law. Essential Qualities of a Good Written Constitution The influence of adopting a written constitution has increased especially to democratic societies. Here are the requisites of a good written constitution as to form. These are also known as essential qualities of a good written constitution. 1. Brief The constitution serves a fundamental law of the land. The supposition is that it is for all including the ordinary citizens. It should not be a long document for it will just lose its character of being the basic law. Neither to have a too detailed one for the idea is that constitution should not only true at present but should also true in the future. Relevance of the constitution is certainly considered. Hence, providing details of it is left to the legislative body. 2. Broad This means constitution should be comprehensive enough to cover the general framework of governance embracing the organization and operations of the organs of the state as well as the relations of the state with its people. Although constitution is short but it is meaty and substantive. 3. Definite This means clarity of the provisions embodied in the constitution. This is so to minimize if not to avoid multiple interpretations. Vagueness or ambiguity of a provision or group of provisions is of no doubt may lead confusion and invite conflict. Remember of this cardinal rule: Those three should co-exist. Essential Parts of Written Constitution: A good written constitution must have at least these three sets of provisions: 1. Constitution/Charter of Liberty 2. Constitution /Charter of Government 3. Constitution/Charter of Sovereignty Constitution or Charter of Liberty refers to set of provisions that tackle on the rights and privileges of the people in relation to the powers of the government. This would relate to the Bill of Rights of the Philippine Constitution. Constitution or charter of Government means the set of provisions dealing on the structure, processes and powers of government. This centers on the three major branches of government namely: Legislative, Executive and Judicial Departments. It also includes the topics on citizenship and suffrage. Constitution or charter of Sovereignty refers to the body of provisions that deals with the mode and procedures of effecting changes to the constitution. This would relate to the topic on Amendments or Revisions under Article XVII of the 1987 Philippine Constitution. Supremacy of the Constitution I have here a question as an exercise of this sub topic. Which of the following is supreme of among all? a. President of the Philippines b. Congress c. Supreme Court d. Constitution e. We, the sovereign Filipino People What is your answer? Let’s try to evaluate the choices. President of the Philippines is the Chief Executive. He is the Commander-In-Chief of the Armed Forces of the Philippines. As a matter of fact, he is considered as the highest official of the land. However, it does not mean that the President is the best choice. The President comes to power by virtue of election by the people. This means that he is directly accountable to the people. He cannot do things by his own whims and caprices. He can also be removed from office thorough the process of impeachment. Congress is our law-making body. It shall introduce a bill to become a law. Law or statute commands and directs obedience and binding to the people. Nevertheless, Congress it not the correct answer. This is so since members of congress are also elected by the people and may likewise be removed from office through Expulsion by two-thirds vote of all members in the House of Representatives or in the Senate as the case may be. A law may also be declared by the Supreme Court as void for being unconstitutional. Supreme Court is known as the highest court of the land. Its decisions bind in the entire state. There is no other court of the land that can run to in unfavorable judgment. Yet, Supreme Court is not our best choice. Members of the Judiciary remain accountable to the people. Being in the highest court of the land does not a license to do whatever he or she pleases even it is already a violation to the law and to the trust given to him or her by the people. As a matter of fact, Justices of the Supreme Court can be removed from office as well through impeachment. We, the sovereign Filipino People refer to the entire populace of the Philippine State. In a democratic country like ours, the rule of majority applies. The decision of the people is highly considered like of electing the President and Members of Congress. However, in the ordinary setting of our country which means natural or normal situations, the people should behave according to the established rules and regulations. They cannot simply ignore the laws of the land especially the Constitution and then proceed to what they wish to happen. This is because our democracy operates under the system of constitutionalism. We follow the principle that “ours is a government of laws and not of men”. In as much as people are sovereign and people have powers, but these powers are absorbed by the existence of the Constitution. Hence, the Constitution is supreme. So in running the affairs of government as well as the relationship between the government and the people, the Constitution becomes the standard. This principle is supported by the Preamble of our 1987 Constitution. In the preliminary statement of the preamble it reads “We, the sovereign Filipino People”…; then it ends up by saying” do ordain and promulgate this Constitution”. Note, if the situation is extraordinary or abnormal where the people in the government become abusive, then under the theory of Social Contract, the people may revolt against the bad ruler. Provided, that such revolution must succeed its purpose which is to oust the bad ruler. However, if the revolution fails, then the persons involved in it, shall be prosecuted and be brought to trial for it is not truly a people power revolution as it is not supported by at least majority of the people. It is an established rule since the advent of Governmental Constitutionalism that Constitution is the fundamental, paramount and supreme law of the State. It is the source of other laws like of statutes. If a statute is in conflict with the constitution, it may be declared as ineffective. The constitution serves as the standard of other laws. No act shall be valid, however noble its intentions, if it conflicts with the Constitution as articulated by former Justice of the Supreme Court Isagani Cruz. To illustrate: In May 2010 Presidential Elections, Benigno Aquino III, obtained the highest number of votes among the candidates. However, it cannot be denied that there were some voters who did not vote for Aquino and preferred other Presidential bets including Manuel “Manny Villar, Gilbert “Gibo” Teodoro or Joseph Estrada as the case may be. Assuming at that time, those people wanted to have another election the following month, can it be done? The answer is NO. Simply because the Constitution says in paragraph 5, Section 4, Article 7 “The person having the highest number of votes shall be proclaimed elected”. xxx . People are bound to respect and follow the mandate of the Constitution. Interpretation/Construction of the Constitution Constitution as the basic law of the land should be understood as clear as possible. However, there are cases where we have the difficulty of tracing what exactly the provision is all about. Hence, listed below are the basic principles serving as tools to ascertain the meaning of the provisions embodied in the Constitution. These are: 1. Verba legis 2. Ratio legis et anima 3. Ut majes valeat quam pereat Verba Legis means interpreting the provision as it is worded. It simply examines the letters of the provision in the literal sense. Take for example: In Article 7, Section 4, paragraph 3, it reads “Unless otherwise provided by law, the regular election for President and Vice-President shall be held on the second Monday of May”. Following this provision, I believe it is not difficult for us to understand what is meant here. As it is worded, we could say that so long there is no law fixing another date in holding elections for the offices of the President and Vice-President, the election shall be done of the second Monday of May. This is known as plain- meaning rule. Ratio legis et anima means construing and understanding the provision of the Constitution based on its intention as emphasized by the framers. This principle highlights on the purpose of the law sought to be achieved and the evil sought to be prevented. Thus, this rule goes beyond the letters of the law, but considers greatly on the spirit of the law. Accordingly, the reason of the law is its soul. Take for instance, a Filipino who becomes an immigrant or a permanent resident in another country is allowed to vote in Philippine elections through Absentee Voting System under RA 9189. Provided, however, he or she has to execute upon registration, an affidavit prepared for the purpose by the COMELEC declaring that he or she shall resume actual physical permanent residence in the Philippines not later than three (3) years from approval of his or her registration under the mentioned law. This portion of the law was challenged before the Supreme Court questioning its constitutionality. This is because under our Constitution particularly in Section 1 of Article V, one year residency requirement in the Philippines immediately before the election is imposed. The provision says “ Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.” However, the High Court ruled that it is the intention of the framers of the Constitution to exempt prospect voters under Absentee Voting System from such residency requirement. Accordingly, the spirit of Section 2, Article V as the constitutional basis of absentee voting system is to enfranchise prospect voters. Self-Executing and Non Self-Executing provisions: Another point to consider in the study of our Constitution is on the aspect whether a provision is Self-executing or Non- Self-executing. Self-executing denotes a provision can enforced out rightly without a need of an enabling legislation from Congress. This means a vested right is attached with the provision as well as the corresponding obligation. Therefore, if violated, the aggrieved party could certainly invoke in it against the alleged offender without necessarily looking for another law to support with. An example for this as a general rule is the Bill of Rights in Article III. On the other hand, a non- self-executing provision is one that cannot be enforced, and thus, cannot be invoked unless and until there is enabling law passed by Congress to that effect. This can be understood as “sleeping provision” which can only be awakened when Congress enacts a law to give life of such provision. Article II (Declaration of Principles and State Policies) generally, is considered as non-self executing provision. Chapter Summary 1. Constitution refers to as body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. 2. Constitution is a written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic. 3. The purposes of Constitution are to prescribe the permanent framework of a system of government; assign to the several departments their respective powers and duties; establish certain first principles on which the government is founded; and serves as a symbol of government’s legitimacy and as an instrument of political stability for it guides the courses of action of the government. 4. The Philippine Constitution can be described as written, conventional and rigid. 5. A good written constitution must be brief, broad and definite. 6. Essential parts of Constitution include Charter of Government, Charter of Liberty and Charter of Sovereignty. 7. Under constitutional democracy like the Philippines, supremacy of the constitution is adhered to.
Posted on: Wed, 17 Dec 2014 10:40:55 +0000
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