Political Law Reviewer Part 1

1. Political Law — branch of public law which deals with the

organization and operations of the governmental organs of the State
and defines the relations of the State with the inhabitants of its territory
[People v. Perfecto, 43 Phil 88 (1922)].
2. Constitutional Law — branch of jurisprudence which treats of
Constitutions, their nature, formation and amendment, operation and
interpretation [De Leon, Philippine Constitutional Law, Volume I [2017]].
This is the law embodied in the Constitution and the legal principles
growing out of the interpretation and application of its provisions by the
courts in specific cases. It is the study of the maintenance of the proper
balance between the authority as represented by the three inherent
powers of the State and liberty as guaranteed by the Bill of Rights.
3. Constitution Defined
It is the document which serves as the fundamental law of the state;
that written instrument enacted by the direct action of the people by
which the fundamental powers of the government are established,
limited, and defined, and by which those powers are distributed among
the several departments for their safe and useful exercise, for the
benefit of the body politic [MALCOLM, Phil. Constitutional Law].
“A law for the government, safeguarding individual rights, set down in
writing” [Hamilton].
A written instrument by which the fundamental power of the
Government is established, limited, and defined and by which these
powers are distributed among the several branches for
their safe and useful exercise for the benefit of the people [De Leon].
Date of Ratification of the 1987 Constitution:

The 1987 Constitution was ratified on February 2, 1987. It became
effective on February 2, 1987, rather than on the date the proclamation
of its ratification was promulgated (or on February 11, 1987). [De Leon
v. Esguerra, G.R. No. 78059, August 31, 1987].
Permanence of the Constitution
 Political Law Reviewer Part 1

1. Constitution intends to govern far into the indefinite future

● It can govern not just the life of the people at the time of framing, but
also in the future, as social and economic conditions change
2. Constitution intended to have an indefinite life

• ●  It must be permanent, but only subject to amendments and

revisions done constitutionally

• ●  It must not be transitory – this goes against its attribute of being
permanent and supreme
3. Constitution intended to be adapted to changing conditions

• ●  Intended to ensure for ages and adapted to various crisis of

human affairs – it is a continuing instrument of government

• ●  It must contain not rules for the present but principles for the
expanding future
4. Constitution intended to be construed with a measure of
flexibility

• ●  The words employed by it are not to be construed to yield fixed

and rigid answers but with necessary attributes of flexibility and
accommodation to enable them to meet adequately whatever
future problems.

• ●  Not a brief finality but a dynamic process [De Leon]

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U.P. LAW BOC CONSTITUTIONAL LAW I POLITICAL LAW

The Supremacy of the Constitution and the Role of the Courts


The Constitution is the fundamental law of the land to which every
statute must conform; laws, statutes, or treaties may be nullified if in
 Political Law Reviewer Part 1

conflict with the Constitution [Gatmaytan, Legal Method Essentials 3.0

(2017)].
Branches of the government must discharge their functions within the
limits of authority conferred by the Constitution; Courts have the duty to
ensure this is so.
1. Constitution of Government: establishes the structure of
government, its branches and their operation; e.g. Art. VI, VII, VIII, IX
2. Constitution of Sovereignty: Provides how the Constitution may be
changed; i.e. Art. XVII
3. Constitution of Liberty: states the fundamental rights of the people;
e.g. Art. III [Lambino v. COMELEC, G.R. No. 174153. October 25, 2006]
Refer to ART. XVIII – AMENDMENTS OR REVISIONS
Amendments: An addition or change within the lines of the original
constitution as will effect an improvement, or better carry out the
purpose for which it was framed; a change that adds, reduces or
deletes without altering the basic principles involved; affects only the
specific provision being amended [Lambino v. COMELEC, supra].
Revisions: A change that alters a basic principle in the constitution, like
altering the principle of separation of powers or the system of checks-
and- balances; alters the substantial entirety of the constitution, as
when the change
affects substantial provisions of the constitution [Id.].
Difference: Revision generally affects several provisions of the
constitution, while amendment generally affects only the specific
provision being amended [Id.]. This distinction is significant because the
1987 Constitution allows people’s initiative only for the purpose of
amending, not revising, the Constitution [See Lambino v. COMELEC,
supra].