Constitutional Law 1: Reviewer

Political Law deals with the study of the structure and

powers of the government.
Constitutional Law is one of the divisions of Political
Law that defines the specific duties and responsibilities
of our government together with their privileges and
rights. As the fundamental or supreme law of the land,
it enumerates the rights of every citizen with their
corresponding functions where the sovereignty resides
in the people and all government authority emanates
from them.
Constitution
The supreme law of the land established by the
people.
Prescribes the permanent framework of the
system of the government.
Establishes the basic principles upon which the
government is founded.
Defines and allocates to the various organs of
the government their respective powers and
duties.
Amendment of the Constitution
A. Amendment vs. Revision
An Amendment is a change or alteration for the
better within the lines of the original
instrument which will bring about
improvement.

A Revision is the rewriting or overhauling of the
entire instrument.

B. Proposal
A proposal is the motion of initiating
suggestions or proposals on amendment or
revision, which may either be by:
a. Congress vote of by all of its members
b. Constitutional convention
c. The Peoples initiative
[Santiago v. COMELEC] In the order of
things, the primacy of interest, or hierarchy
of values, the right of the people to directly
propose amendments to the Constitution is
far more important than the initiative on
national and local laws.

[Lambino v. COMELEC] Theres not a single
word, phrase, or sentence of text of the
proposed changes in the signature sheet.
Neither does the signature sheet state that the
text of the proposed changes is attached to it.
The signature sheet merely asks a question
whether the people approve a shift from the
Bicameral-Presidential to the Unicameral-
Parliamentary system of government. The
signature sheet does not show the people the
draft of the proposed changes before they are
asked to sign the signature sheet. This omission
is fatal.
Initiative through petition by the people should
have the following 2 elements:
1. The people must author and sign the entire
proposal without any agent or
representative signing on their behalf.
2. The proposal must be embodied in the
petition.
C. Submission
[Tolentino v. COMELEC] The SC held that under
Sec. 1 of Article 15, there should only be one
election or plebiscite for the ratification of all
amendments the convention may propose.
D. Ratification
Judicial Review
A. Separation of Powers
B. Theory and Justification of Judicial Review (Art
VIII, Sec.1)
C. Justiciable and Political Questions
D. Requisites of Judicial Review