1. In the Macariola vs.

Asuncion case, the SC held that there was no violation of Article 14 of the
Code of Commerce when Judge Asuncion associated himself with the Traders Manufacturing
and Fishing Industries as a stockholder and officer while he was a judge. Article 14 of the Code of
Commerce, which states that the following including justices and judges cannot engage in
commerce, either in person or by proxy, nor can they hold any office or have any direct,
administrative, or financial intervention in commercial or industrial companies within the limits
of the districts, provinces or towns in which they discharge their duties, has been deemed by the
court that even though it is part of the commercial laws, it partakes of the nature of political law
because it regulates the relationship between the government and public officers and
employees like judges. Since the Code of Commerce is the Spanish Code of Commerce of 1885
with some modifications, and it is in the nature of political law, it is deemed abrogated with the
change or transfer of the sovereignty from Spain to the US to the Republic of the Philippines,
and has no legal and binding effect to the respondent, Judge Asuncion.

2. In Manila Prince Hotel vs. GSIS case, the SC defined Constitution as a system of fundamental
laws for the governance and administration of a nation. It is supreme, imperious, absolute and
unalterable except by the authority from which it emanates. It prescribes the permanent
framework of a system of government, assigns to the different departments their respective
powers and duties, and establishes certain fixed principles on which government is founded. The
fundamental conception in other words is that it is a supreme law to which all other laws must
conform and in accordance with which all private rights must be determined and all public
authority administered. IT IS THE FUNDAMENTAL, PARAMOUNT AND SUPREME LAW OF
THE NATION. It is deemed written in every statute and contract.

3. AS TO FORM:
WRITTEN VS. UNWRITTEN

Written consti- wherein the provisions are written and embodied in a single document or set of
documents. It is codified and compiled in a structured and cohesive manner. Most of the
countries around the world have this type of constitution but the Constitution of the USA is
considered as the oldest written constitution.

Unwritten consti- refers to the constitution not codified in a structured manner. It doesn’t
necessarily mean that its provisions are not written. The provisions are not embodied in a single
document or set of documents and are scattered in various sources like judicial decisions,
statutes, customs and traditions, and opinions of jurists. The Magna Carta of England can be
considered as the earliest form of unwritten constitution. It was a charter of rights signed by
King John of England in 1215 to protect the rights of the nobility from the interference of the
crown. Other countries with unwritten constitutions are New Zealand, and Saudi Arabia.

AS TO ORIGIN:
ENACTED VS EVOLVED
 Enacted or Conventional
Is the result of the deliberate effort of man which is consciously made by a constituent assembly
or by command of sovereign authority. It is formally adopted at a definite time and place,
normally done in a plebiscite. The American constitution, which was framed by a Constituent
Assembly after the Declaration of Independence, is an example of an enacted constitution.
Other countries with this type of constitution include France and India.

Evolved or Cumulative
Is the result of historical development and political evolution. It is not framed at a particular
time. For example, the British Constitution has neither been enacted by any special constituent
assembly at a particular time nor has the monarch given it to people. Other countries with this
type of constitution includes Ireland and Australia.

AS TO MANNER OF AMENDMENT:
RIGID VS. FLEXIBLE

Rigid
Is a constitution that cannot be changed or amended easily . To make amendments, specific and
difficult procedures must be followed. India and America are example of countries with rigid
constitutions.

Flexible
Is a constitution that can be changed or amended by normal law-making procedures. It is better
adapted to changing situations of the times. The British Constitution is an example of this.

4. The Philippine Constitution is a written constitution by form, enacted by origin, and rigid by
manner of amendment. It is a written constitution because the provisions are written and
embodied in a single document. It is enacted as it is formally struck off at a definite time and
place following a deliberate effort of the people through plebiscite. It is rigid because it cannot be
easily changed by ordinary legislation but only by a difficult process of change.

5. Broad - Should not only provide for the organizations of the government and cover all things or
persons within its territory, but should also be comprehensive to provide for contingency. It should
not be like a history book. It should not only be an embodiment of a past, but must be able to
anticipate the future.

Brief - It should limit itself to the basic principles sought to be implemented, leaving others to be
supplemented by laws to be enacted by Congress. Should not be a codification
of laws.

Definite -It should be clear and easily understood by the ordinary

Constitution of Government - Refers to the part of the Constitution outlining the organization of
the government, enumerating the powers of the government, laying down rules for its
administration and defining the illiterate.
 Article 6 – Legislative Department
 Article 7 – Executive Department
 Article 8 – Judicial Department
 Article 9 – Constitutional Commissions (COMELEC CSC, COA)
 Article 10- Local Government Unit
 Article 11-Accountability of Public Officers

Constitution of Sovereignty - Refers to the part of the Constitution which outlines the process
by which the Constitution may be amended or revised.
 Article 17 – Amendments or Revisions

7. Under the doctrine of constitutional supremacy, if a law or contract violates any norm of the
constitution that that law or contract whether promulgated by the legislative or executive branch
or entered into by private persons for private purposes, it is considered null and void and without
force and effect. In the Manila Prince Hotel vs GSIS case, the SC disqualified Renong Berhad, a
Malaysian corporation from bidding in the shares of Manila Hotel Corp. because of the Filipino
First Policy demonstrated in Article XII of the 1987 Constitution that in the grant of rights,
privileges and concessions covering national economy and patrimony, the State shall give
preference to qualified Filipinos. It becomes a matter of national economy and national patrimony,
which refers to not just natural resources but also to cultural heritage of Filipinos, because Manila
Hotel has been a living testimonial of Philippine heritage and has become a historical monument
for more than 8 decades. Since Manila Prince Hotel matched the bidding price of Renong Berhad
before the execution of necessary contracts, it should be given preference. The bidding rules
expressly provide that the highest bidder be declared the winning bidder only after negotiation
and execution of necessary contracts and secured the requisite approvals. Adhering to the
doctrine of constitutional supremacy, the subject constitutional provision should be impliedly
written in the bidding rules issued by the GSIS, lest the bidding rules be nullified for violating the
Constitution.

8. Verba legis - If we are to interpret the provisions of the Constitution, ordinary words should be
given ordinary meaning. (textualist approach)

Ratio legis et anima - When there is doubt or ambiguity in interpreting the provisions of the
Constitution, it should be interpreted in accordance with the intent of the framers. (spirit and
purpose of the law) But if the wordings are clear, no need to apply this principle. Case in point:
Francisco v. House of Representatives Involves the impeachment of former Chief Justice Davide

Ut magis valeat quam pereat - The Constitution has to be interpreted as a whole. Related
provisions of the Constitution must be interpreted altogether. Provisions dealing with the same
subject matter should be construed as a whole, if only to effectuate the meaning thereof. Where
 there is a seeming inconsistency between some of the provisions, there should be a conscious
attempt to harmonize such conflicting provisions, if only to give meaning to them.
.

Self-executing provisions
Applicable and enforceable at once, without need of supplementing or enabling laws to be
enacted by Congress. (e.g. Article Bill of Rights)