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    Chapter XI - Constitutional Construction

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    Tom Herrera
    This document discusses principles of constitutional construction. It notes that constitutional provisions are generally self-executing unless expressly requiring legislation. It outlines three maxims used in interpretation: words have their ordinary meaning; intent of the framers governs; and the constitution is interpreted as a whole. Provisions modeled after the US Constitution can consider US judicial construction. Cases are illustrated on applying rules of construction.

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    Chapter XI - Constitutional Construction

    Uploaded by

    Tom Herrera
    267 views8 pages
    This document discusses principles of constitutional construction. It notes that constitutional provisions are generally self-executing unless expressly requiring legislation. It outlines three maxims used in interpretation: words have their ordinary meaning; intent of the framers governs; and the constitution is interpreted as a whole. Provisions modeled after the US Constitution can consider US judicial construction. Cases are illustrated on applying rules of construction.

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    This document discusses principles of constitutional construction. It notes that constitutional provisions are generally self-executing unless expressly requiring legislation. It outlines three maxims used in interpretation: words have their ordinary meaning; intent of the framers governs; and the constitution is interpreted as a whole. Provisions modeled after the US Constitution can consider US judicial construction. Cases are illustrated on applying rules of construction.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    267 views8 pages

    Chapter XI - Constitutional Construction

    Uploaded by

    Tom Herrera
    This document discusses principles of constitutional construction. It notes that constitutional provisions are generally self-executing unless expressly requiring legislation. It outlines three maxims used in interpretation: words have their ordinary meaning; intent of the framers governs; and the constitution is interpreted as a whole. Provisions modeled after the US Constitution can consider US judicial construction. Cases are illustrated on applying rules of construction.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 8

    CONSTITUTIONAL

    CONSTRUCTION
    Chapter XI
    Statutory Construction
    Applicability of Rules of
    Statutory Construction
    ■ Doctrines used in Sarmiento vs. Mison is a good example in which the
    SC applied a number of rules of Statutory Construction
    ■ ISSUE: Whether or not the appointment of a Commissioner of Customs
    is subject to confirmation by the Commission on Appointment
    ■ RULING: The clear and positive intent of the framers of the 1987
    Constitution that Presidential Appointments, except those mentioned in
    the first sentence of Sec. 16, Art. VII, are not subject to confirmation by
    the Commission on Appointments

    CHAPTER XI – Constitutional Con


    Generally, Constitutional Provisions are
    Self-Executing
    ■ RULE: Constitutional provisions are self-executing except when
    provisions themselves expressly require legislations to implement them.
    ■ SELF-EXECUTING PROVISION – Provisions which are complete by
    themselves and becomes operative without the aid of supplementary
    legislation
    ■ Just because legislation may supplement and add or prescribe a penalty
    does not render such provision ineffective in the absence of such
    legislation.
    ■ In case of doubt: CONSTRUE such provision as self-executing rather
    than non self-executing
    CHAPTER XI – Constitutional Con
    Generally, Constitutional Provisions are
    Self-Executing
    ■ In Manila Prince Hotel vs. GSIS:
    – ISSUE: Whether or not the sale at public bidding of the majority
    ownership of the Manila Hotel a qualified entity can match the
    winning bid of a foreigner
    – HELD: Resolution depends on whether the issue is self-executing or
    not. The court rules that the qualified Filipino Entity must be given
    preference by granting it the option to match the winning bid because
    the provision is SELF-EXECUTING.

    CHAPTER XI – Constitutional Con


    Three Maxims employed as aids to
    construe constitutional provisions
    ■ Verba legis
    – Wherever possible, the words used in the Constitution must be given their
    ordinary meaning except where technical words are employed (JM Tuason
    & Co., Inc v. Land Tenure Administration)
    ■ Ratio legis est anima
    – The words of the Constitution should be interpreted in accordance with the
    intent of its framers (Civil Liberties Union v. Executive Secretary and
    Nitafan v. Commissioner on Internal Revenue)
    ■ Ut magis valeat quam pereat
    – The Constitution is to be interpreted as a whole (Chiongbian v. De Leon and
    Civil Liberties Union v. Executive Secretary)

    CHAPTER XI – Constitutional Con


    Construction of US Constitutional
    Provisions adopted in 1987 Constitution
    ■ The following were taken or patterned after the US Constitution:
    – Provisions on Police Power, Eminent Domain and Taxation
    – Provisions on the Bill of Rights in the 1987 Constitutions, as well as
    in the 1935 and 1973 Constitution
    ■ It is proper for the courts to take into consideration the construction of
    provisions by the courts of the country from which they are taken
    ■ Philippine courts have invariably cited or quoted US Supreme Court
    decisions in deciding constitutional issues arising from provisions similar
    to or taken from that of the United States

    CHAPTER XI – Constitutional Con


    Other Illustrative Cases in Constitutional
    Construction
    ■ Office of Ombudsman vs. Masing, GR No. 165416 (Jan. 22, 2008)
    ■ Francisco Jr. vs. House of Representatives, GR No. 160261 (Nov. 10, 2003)
    ■ Lambino vs. Comelec, GR No. 174153 (October 25, 2006)
    ■ David vs. Arroyo, GR No. 171396 (May 3, 2006)
    ■ La Bugal-B Laan Tribal Association, Inc. vs. Ramos (Jan. 27, 2004)
    ■ Senate of the Philippines vs. Ermita, GR No. 169777 (April 20, 2006)

    CHAPTER XI – Constitutional Con


    CONSTITUTIONAL
    CONSTRUCTION
    Chapter XI
    Statutory Construction

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