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CSL 2601 - CONSTITUTIONAL LAW - LATEST 2021 EXAM PACK- FULL BUNDLE - (MEMOS FROM 2016 - JUNE 2020) ASSIGNMENTS FEEDBACK (MCQ) FROM () NOTES AND SUMMARIES COVERING THE COURSE CONTENT- CASE SUMMARIES - 100% PASS - VIEW PREVIEW PAGES -BUY QUALITY1. Definition, nature, concept and purpose of Constitut...

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csl 2601 constitutional law latest 2021 exam pack full bun1 definition
concept and purpose of constitution a definition that body of rules and maxims in accordance with which the powe

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Exam (elaborations) CSL Exam
(elaborations) CSL

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CONSTITUTIONAL LAW REVIEW

3. Qualities of a good written constitution (Bar
CONSTITUTIONAL LAW REVIEW 2012)
a. Broad. Not just because it provides for the
1st Semester, School Year 2018-20191 organization of the entire government and covers all
persons and things within the territory of the State but
Under Atty. Enan Flores
because it must be comprehensive enough to provide for
every contingency.
b. Brief. It must confine itself to basic principles to be
implemented with legislative details more adjustable to
CHAPTER 1: CONSTITUTIONAL LAW change and easier to amend.
c. Definite. To prevent ambiguity in its provisions which
could result in confusion and divisiveness among the
I. The Philippine Constitution people.

1. Definition, nature, concept and purpose of 4. Essential Parts of a written constitution
Constitution
a. Constitution of Liberty. The series of prescriptions
a. Definition: That body of rules and maxims in setting forth the fundamental civil and political rights of
accordance with which the powers of sovereignty are the citizens and imposing limitations on the powers of
habitually exercised [Cooley]. With particular reference government as a means of securing the enjoyment of
to the Constitution of the Philippines: That written those rights, e.g. Art. III, Art. IV.
instrument enacted by direct action of the people by
which the fundamental powers of the government are b. Constitution of Government. The series of
established, limited and defined, and by which those provisions outlining the organization of the government,
powers are distributed among the several departments enumerating its powers, laying down certain rules
for their safe and useful exercise for the benefit of the relative to its administration, and defining the electorate,
body politic [Malcolm]. e.g., Arts. VI, VII, VIII and IX.

b. Purpose: To prescribe the permanent framework of a c. Constitution of Sovereignty. The provisions pointing
system of government, to assign to the several out the mode or procedure in accordance with which
departments their respective powers and duties, and to formal changes in the fundamental law may be brought
establish certain first principles on which the government about, e.g., Art. XVII.
is founded.

5. Effectivity of the 1987 Philippine Constitution
2. Classification (Art. XVIII, Sec. 27)

a. Written or unwritten. A written constitution is one NOTE: The 1987 Constitution’s date of effectivity is
whose precepts are embodied in one document or set of February 2, 1987, the date of the plebiscite when the
documents; while an unwritten constitution consists of people ratified the Constitution. (De Leon v. Esguerra)
rules which have not been integrated into a single, a. De Leon vs. Esguerra, 153 SCRA 602, No. L-
concrete form but are scattered in various sources, such 78059, 31 August 1987
as statutes of a fundamental character, judicial decisions,
commentaries of publicists, customs and traditions, and FACTS: Petitioners pray that the subject Memoranda
certain common law principles. of February 8, 1987 be declared null and void and
that respondents be prohibited from taking over
b. Enacted (Conventional) or Evolved (Cumulative).
A conventional constitution is enacted, formally struck off their positions. And maintains that pursuant to
at a definite time and place following a conscious or Section 3 of the Barangay Election Act of 1982 (BP
deliberate effort taken by a constituent body or ruler; Blg. 222), their terms of office "shall be six (6) years
while a cumulative constitution is the result of political which shall commence on June 7, 1982 and shall
evolution, not inaugurated at any specific time but continue until their successors shall have elected and
changing by accretion rather than by any systematic shall have qualified," or up to June 7, 1988.
method.
ISSUE: Whether or not the designation of
c. Rigid or Flexible. A rigid Constitution is one that can respondents to replace petitioners was proper?
be amended only by a formal and usually difficult
process; while a flexible Constitution is one that can be RULING: No. The 1987 Constitution was ratified in
changed by ordinary legislation. NOTE: Article XVII a plebiscite on Feb 2, 1987, therefore, the
needs qualification. Provisional Constitution must be deemed to have

1 Updated: 06/15/2019. Cases in gold text are omitted
in the new syllabus (S.Y. 2019-2020). Titles of the new
cases are underlined.

M.R.A.D.C. LUMBRE 1

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CONSTITUTIONAL LAW REVIEW

superseded. Having become inoperative, respondent plebiscite which shall be held not earlier than sixty days
OIC Gov could no longer rely on Sec 2, Art 3, thereof nor later than ninety days after the certification by the
to designate respondents to the elective positions Commission on Elections of the sufficiency of the petition.
occupied by petitioners.
a. Difference
Petitioners must now be held to have acquired
Lambino v. Comelec enumerates the distinctions
security of tenure, Sec 8, Art 1 of the 1987
between revision and amendment, as follows:
Constitution further provides in part: Revision broadly implies a change that alters a basic
"The term of office of elective local officials, principle in the Constitution, like altering the
except barangay officials, which shall be principle of separation of powers or the system of
checks and balances. There is also revision if the
determined by law, shall be three years xxx."
change alters the substantial entirety of the
NOTE: Applicable rule: Article XVIII, Section 3. Constitution. On the other hand, amendment
Where the old law is: (1) inconsistent; or (2) broadly refers to a change that adds, reduces,
amended/repealed consequently, respondents can deletes, without altering the basic principle involved.
no longer rely on the old law. Revision generally affects several provisions of the
Constitution; while amendment generally affects
b. Laws and international agreements prior to only the specific provision being amended.
the effectivity of the 1987 Constitution – Art.
i. Lambino vs. Comelec, GR No. 174153,
XVIII, Secs. 3 and 4
October 25, 2006
Section 3. All existing laws, decrees, executive
FACTS: On 25 August 2006, Lambino et al filed
orders, proclamations, letters of instructions, and
a petition with the COMELEC to hold a plebiscite
other executive issuances not inconsistent with this
that will ratify their initiative petition to change
Constitution shall remain operative until amended,
the 1987 Constitution under Section 5(b) and
repealed, or revoked.
(c) and Section 73 of Republic Act No. 6735 or
Section 4. All existing treaties or international the Initiative and Referendum Act.
agreements which have not been ratified shall not be
The Lambino Group alleged that their petition
renewed or extended without the concurrence of at
had the support of 6,327,952 individuals
least two-thirds of all the Members of the Senate.
constituting at least twelve per centum (12%)
of all registered voters, with each legislative
district represented by at least three per centum
6. Amendments and revision (Art. XVII, Secs. 1 to (3%) of its registered voters. The Lambino
4)
Group also claimed that COMELEC election
Section 1. Any amendment to, or revision of, this registrars had verified the signatures of the 6.3
Constitution may be proposed by: million individuals.

The Congress, upon a vote of three-fourths of all its The Lambino Group’s initiative petition changes
Members; or a constitutional convention. the 1987 Constitution by modifying Sections 1-
7 of Article VI (Legislative Department) and
Section 2. Amendments to this Constitution may Sections 1-4 of Article VII (Executive
likewise be directly proposed by the people through Department) and by adding Article XVIII
initiative upon a petition of at least twelve per centum of entitled “Transitory Provisions.” These proposed
the total number of registered voters, of which every changes will shift the present Bicameral-
legislative district must be represented by at least three Presidential system to a Unicameral-
per centum of the registered voters therein. No Parliamentary form of government.
amendment under this section shall be authorized within
five years following the ratification of this Constitution RULING: The Initiative Petition Does Not
nor oftener than once every five years thereafter. Comply with Section 2, Article XVII of the
Constitution on Direct Proposal by the
The Congress shall provide for the implementation of the People
exercise of this right.
Section 2, Article XVII of the Constitution is the
Section 3. The Congress may, by a vote of two-thirds of governing constitutional provision that allows a
all its Members, call a constitutional convention, or by a people’s initiative to propose amendments to
majority vote of all its Members, submit to the electorate the Constitution.
the question of calling such a convention.
The framers of the Constitution intended that
Section 4. Any amendment to, or revision of, this the “draft of the proposed constitutional
Constitution under Section 1 hereof shall be valid when amendment” should be “ready and shown” to
ratified by a majority of the votes cast in a plebiscite the people “before” they sign such proposal. The
which shall be held not earlier than sixty days nor later framers plainly stated that “before they sign
than ninety days after the approval of such amendment there is already a draft shown to them.” The
or revision. framers also “envisioned” that the people should
Any amendment under Section 2 hereof shall be valid sign on the proposal itself because the
when ratified by a majority of the votes cast in a

M.R.A.D.C. LUMBRE 2

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CONSTITUTIONAL LAW REVIEW

proponents must “prepare that proposal and of Article VII (Executive Department) and
pass it around for signature.” by adding Article XVIII entitled “Transitory
Provisions.”
The essence of amendments “directly proposed
by the people through initiative upon a petition” b. Procedure
is that the entire proposal on its face is a petition i. Proposal
by the people. This means two essential
elements must be present. First, the people 1. By Congress
must author and thus sign the entire proposal. By a vote of 3/4 of all its members. Majority
No agent or representative can sign on their of authorities opine that this is to be
behalf. Second, as an initiative upon a petition, understood as 3/4 of the Senate and 3/4 of
the proposal must be embodied in a petition. the House of Representatives.

These essential elements are present only if the 2. By a Constitutional Convention
full text of the proposed amendments is first
Which may be called into existence either
shown to the people who express their assent
by a 3/4 vote of all the members of
by signing such complete proposal in a petition. Congress, or (if such vote is not obtained)
Thus, an amendment is “directly proposed by by a majority vote of all the members of
the people through initiative upon a petition” Congress with the question of whether or
only if the people sign on a petition that contains not to call a Convention to be resolved by
the full text of the proposed amendments. the people in a plebiscite [Sec. 3, Art. XVII]

There is no presumption that the proponents a. Imbong v. COMELEC, 35 SCRA
observed the constitutional requirements in 28, (1970)
gathering the signatures. The proponents bear
FACTS: Two separate but related
the burden gathering the signatures – that the
petitions for declaratory relief were
petition contained, or incorporated by
filed pursuant to Sec. 19 of R.A. No.
attachment, the full text of the proposed
6132 by petitioners Manuel B. Imbong
amendments.
and Raul M. Gonzales, both members
The Lambino Group did not attach to their of the Bar, taxpayers and interested in
present petition with this Court a copy of the running as candidates for delegates to
paper that the people signed as their initiative the Constitutional Convention. Both
petition. The Lambino Group submitted to this impugn the constitutionality of R.A. No.
Court a copy of a signature sheet after the oral 6132, claiming during the oral
arguments of 26 September 2006 when they argument that it prejudices their rights
filed their Memorandum on 11 October 2006. as such candidates.

1. The Two-Part Test On March 16, 1967, Congress, acting
as a Constituent Assembly pursuant to
In determining whether the Lambino Art. XV of the Constitution, passed
proposal involves an amendment or a Resolution No. 2 which among others
revision, the Court considered the two-part called for a Constitutional Convention
test. First, the quantitative test asks to propose constitutional amendments
whether the proposed change is so to be composed of two delegates from
extensive in its provisions as to change each representative district who shall
directly the “substance entirety” of the have the same qualifications as those
Constitution by the deletion or alteration of of Congressmen, to be elected on the
numerous provisions. The court examines second Tuesday of November, 1970 in
only the number of provisions affected and accordance with the Revised Election
does not consider the degree of the change. Code. On June 17, 1969, Congress,
Second, the qualitative test, which inquires also acting as a Constituent Assembly,
into the qualitative effects of the proposed passed Resolution No. 4 amending the
change in the Constitution. The main aforesaid Resolution No. 2 of March 16,
inquiry is whether the change will 1967 by providing that the convention
“accomplish such far-reaching changes in “shall be composed of 320 delegates
the nature of our basic governmental plan apportioned among the existing
as to amount to a revision”. representative districts according to
the number of their respective
2. Provisions that needed to be
inhabitants: Provided, that a
changed to effect change from unitary
representative district shall be entitled
to federal form of government, and
to at least two delegates, who shall
from presidential to parliamentary
have the same qualifications as those
form of government
required of members of the House of
The Lambino Group’s initiative petition Representatives,” 1 “and that any
changes the 1987 Constitution by other details relating to the specific
modifying Sections 1-7 of Article VI apportionment of delegates, election of
(Legislative Department) and Sections 1-4 delegates to, and the holding of, the

M.R.A.D.C. LUMBRE 3

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