1st exam consti reviewer.docx - CONSTITUTIONAL LAW 1 REVIEWER AY 2019 \u2013 2020 | Atty Caharian Compiled by Zamoras JL STRUCTURES AND POWERS OF

1st exam consti reviewer.docx - CONSTITUTIONAL LAW 1...

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CONSTITUTIONAL LAW 1 REVIEWERAY 2019 – 2020 | Atty. CaharianCompiled by: Zamoras, JLSTRUCTURES AND POWERS OF GOVERNMENTI.IN GENERALPOLITICAL LAW– has been defined as “that branchof public law which deals with the organization andoperation of the governmental organs of the State anddefine the relations of the state with the inhabitants of itsterritory”MACARIOLA V ASUNCION 114 SCRA 77 (1982)Political law has been defined as that branch of publiclaw which deals with the organization and operation ofthe governmental organs of the State and define therelations of the state with the inhabitants of its territory.CONSTITUTIONAL LAW DEFINEDConstitutional law is a term used to designate the lawembodied in the Constitution and the legal principlesgrowing out of the interpretation and application madeby the courts of the constitution in specific cases. (Sinco,Phil. Political Law)“Body of rules resulting from the interpretation by ahigh court of cases in which the validity, in relation tothe constitutional instrument, of some act ofgovernment, has been challenged.” (Bernas)CONSTITUTION DEFINEDA written instrument by which the fundamental powersof the government are established, limited and definedand by which these powers are distributed among severaldepartments or received in useful exercise for the benefitof the body polity.TYPES OF CONSTITUTION1.In relation to the amendment process:RIGID– one that can be amended only byformal and usually difficult process. This maynot be amended except through a special processdistinct from and more involved that the methodof changing ordinary laws.FLEXIBLE– one that can be changed byordinary legislation. It may be changed in thesame manner and through the same body thatenacts ordinary legislation.2.As to its adaption:WRITTEN – one whose precepts are embodiedin one document or set of documents. Theprovisions have been reduced to writing andembodied in one or more instruments at aparticular time.UNWRITTEN– consists of rules which havenot been integrated into a single concrete formbut are scattered in various sources such asstatues of a fundamental character, judicialdecisions, commentaries of publicists, customsand traditions, and certain common lawprinciples.3.As to its enactment:ENACTED/CONVENTIONAL– enacted,formally struck off at a definitive time and placefollowing a conscious or deliberate effort takenby a constituent body or ruler.CUMULATIVE/EVOLVED– result of apolitical evolution, not inaugurated at anyspecific time but changing by accretion ratherthan by systematic method.The Philippine Constitution is written, conventional andrigid.II.BACKGROUND OF THE PRESENTCONSTITUTIONThe February 1986 Revolution and the Proclamationof the Provisional ConstitutionThe alleged electoral fraud in the “snap presidentialelection” in February 7, 1986, sparked demonstrationswith the demands for the ouster of Marcos. ThenDefense Minister Juan Ponce Enrile and the ArmedForces Vice-Chief of Staff command of Fidel V. Ramos,
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