CONSTITUTION OF THE PHILIPPINES

Jun 21st, 2015
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CONSTITUTION OF THE PHILIPPINES De Leon v. ESGUERRA The 1987 Constitution was ratified in a plebiscite on February 2, 1987. By that date, therefore, the Provisional Constitution must be deemed to have been superseded. (Effectivity is immediately upon ratification) Gonzales v. COMELEC Nature of power to amend the Constitution or to propose amendments thereto: not inherent power of Congress but of the people; constituent power of Congress

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SUMMARY OF DOCTRINESCONSTITUTIONAL LAW 1 CONSTITUTION OF THE PHILIPPINESDe Leon v. ESGUERRAThe 1987 Constitution was ratified in a plebiscite on February 2, 1987. By that date, therefore, the Provisional Constitution must be deemed to have been superseded. (Effectivity is immediately upon ratification)Gonzales v. COMELECNature of power to amend the Constitution or to propose amendments thereto: not inherent power of Congress but of the people; constituent power of Congress Tolentino v. COMELECThe condition and limitation that all the amendments to be proposed by the same convention must be submitted in a single election or plebiscite.Imbong v. COMELECCompetence of Congress acting as Constituent Assembly: Authority to call constitutional convention as Constituent Assembly in enacting implementing details.Sanidad v. COMELEC-Presidential exercise of legislative powers (and proposing amendments) is valid in martial law.-Amending process is a sovereign act, although the authority to institute the same and the procedure to be followed reside somehow in a particular body (Pres. Marcos).Santiago v. COMELECThe right of the people to directly propose amendments to the Constitution through the system of initiative would remain entombed in a cold niche until Congress provides for its implementation. Section 2 of Article XVII is not self-executing. Lambino v. COMELECEssence of people's initiative: (1) people must author; (2) they must sign the

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