DOCTRINE OF CONSTITUTIONAL SUPREMACY
mandate of this law. 8xpediency must not
Underr this doctrine Unde doctrine,, if a law or cont contract ract
long as it has not been changed by the
violates any norm of the Constitution, that
sovereign people lest its disregard result
law or contract, whether promulgated by
in the usurpation of the ma9esty of the law
the legislative or by the executive branch
by the pretenders to illegitimate power.:
or ent enter ered ed in into to by pri privat vate e pe perso rsons ns for
($sagani ($sag ani 1. Cru2, hil hilippi ippine ne o olitic litical al ;aw,
priva pr ivate te pu purp rpose oses, s, is nu null ll and void and
Central ;awboo< ublishing, ublishing, Co., $nc. '--'
without any force and eect. Thus, since
8d., p. ''/
the th e
Constitutional supremacy refers to the system of government in which the law-making freedom of parliamentary supremacy cedes to the requirements of a Constitut Constitution. ion. Parliamentary supremacy is a peremptory rule of constitutional law, that legislative assemblies can make or repeal laws at their own will, supreme over the dictates of the judicial branch, and subject to the stated jurisdiction of the legislative assembly, if any.
Cons Co nsti titu tuti tion on
is
the th e
be allowed to sap its strength nor greed for power deb debase ase its re rectitu ctitude. de. %ight or wrong, the Constitution must be upheld as
fund fu ndam amen enta tal, l,
paramount and supreme law of the nation, it is deemed written in every statute and contract. (Manila rince !otel v. "#$#, ".%. &o. '')*, +eb. , '--/
0ustice $sagani 1. Cru2 elo3uently expound expound the essence of this great doctrine in this wise4 5The 5T he
The Supreme Court o t!e P!ilippines Con Co nst stit itut utio ion n
is
the th e
basi ba sic c
and an d
paramo par amoun untt law to whi which ch all oth other er law laws s must conform conform and to whic which h all persons, persons, including the highest o6cials of the land, must defer. &o act shall be valid, however nobly nobl y inte intentio ntioned ned,, if it con7 con7icts icts with the Constitution.. The Constitution must ever Constitution rema re main in sup supre reme me.. 1ll must bow to th the e
(ilipino ilipino!! Kataás-taas Kataás-taasang ang Hukuman Hukuman ng Pilipinas"" colloquially referred to by the Pilipinas #panish!! Corte Suprema$, #panish Suprema $, is the highest court in the %hilippines %hilippines.. &t is presided over by a Chief 'ustice and is composed of fifteen ()$ 'ustices, including the Chief 'ustice. 'ustice. %ursuant to the Constitution , the #upreme Court has *administrative supervision over all courts and the personnel thereof*. +
The #upreme Court Comple, which was formerly the part of the niversity of the %hilippines /anila campus campus,,+0 occupies the corner of %adre aura #treet and #treet and Taft 1venue in 1venue in /anila,, with the main building directly fronting /anila the %hilippine 2eneral 3ospital. 3ospital . ntil 45), the Court met in Cavite Cavite.. 1 person must meet the following requirements in order to be appointed to the #upreme Court! ($ natural-born citi6enship" citi6enship " (0$ at least 57 years old" and (8$ must have been for fifteen years or more a judge of a lower court or engaged in the practice of law in the %hilippines. %hilippines.+8 1n additional constitutional requirement, though less precise in nature, is that a judge *must be a person of proven proven competence, competence, integrity, integrity, probity probity,, and independenc independence.* e.*+5 pon a vacancy in the Court, whether for the position of Chief 'ustice or 1ssociate 'ustice, 'ustice , the %resident %resident fills fills the vacancy by appointing a person from a list of at least 8 nominees prepared by the 'udicial and 9ar Council. Council.+) 9eginning with the 48) Constitution, #upreme Court 'ustices are obliged to retire upon reaching the mandatory retirement age of :7. +; #ome 'ustices had opted to retire before reaching the age of :7, such as lorentino eliciano,, who retired at ;: to accept eliciano appointment to the 1ppellate 9ody of 9ody of the due to health reasons. +: The 4>: Constitution of the %hilippines provides that! that! *#ection , 1rticle ?&&&. The The /embers of the #upreme Court shall hold office during good behavior until they reach the age of seventy years or become incapacitated to
discharge the duties of their office.*+ #ince, 47, it was only incumbent 1ssociate 'ustice 1licia 1ustria-/artine6 who resigned for health reasons. Thus, on #eptember, 077>, 1ustria/artine6, citing health reasons, filed a letter to the Court through @eynato %uno, tendering her resignation effective 1pril 87, 0774, or ) months before her compulsory retirement on Aecember 4, 077. &n the =ctober 'udicial and 9ar CouncilBs en banc deliberations, @eynato %uno ruled! The court merely noted it. Auring the '9C hearing, a '9C member said *1ustria-/artine6 had wanted to retire earlier because of health reasons.
(a$ 9ook & H sovereignty and general provisions" (b$ 9ook && H the distribution of powers of government" (c$ 9ook &&&- the =ffice of the %resident" (d$ 9ook &? H the eecutive branch of government" (e$ 9ook ? H the Constitutional Commissions" (f$ 9ook ?& H national government budgeting" and (g$ 9ook ?&& H administrative procedure. The 1dministrative Code of 4>: replaced the 4: 1dministrative Code, which was promulgated when the %hilippines was still a colony of the nited #tates. Gfforts were made in the 4:7s to overhaul the 4: 1dministrative Code, which efforts resulted in the drafting of the 1dministrative Code of 4:>. 3owever, the 1dministrative Code of 4:> was never published and was later epressly repealed.
A"ministrati#e Co"e o t!e P!ilippines$ An O#er#ie% Gecutive =rder Fo. 040, otherwise known as the 1dministrative Code of 4>:, is the basic law governing the organi6ation and structure of the national government. &t is divided into the following books!
(Republic Act No. 7160)
MAIN INDE&
BOOK I GENERAL PROVISIONS (SECIONS 1 O 1!7) BOOK II LOCAL A"AION AN# $ISCAL %AERS (SECIONS 1!& O '&') BOOK III LOCAL GOVERN%EN NIS (SECIONS '& O *10) BOOK IV %ISCELLANEOS AN# $INAL PROVISIONS (SECIONS *11 O *'6) A%EN#%EN O SECION 1 (B) O$ +E LOCAL GOVERN%EN CO#E Republic Act No. &**' AN AC A%EN#ING SECION '! (,) o- REPBLIC AC NO. 7160 O+ER/ISE KNO/N AS +E LOCAL GOVERN%EN CO#E O$ 11 Republic Act No. &1&* AN AC C+ANGING +E ER% O$ O$$ICE O$
BARANGA O$$ICIALS AN# %E%BERS O$ +E SANGGNIANG KABAAAN $RO% +REE (') EARS O $IVE (*) EARS A%EN#ING $OR +E PRPOSE SECION ' O$ REPBLIC AC N%BERE# SEVEN +OSAN# ONE +N#RE# SI" O+ER/ISE KNO/N AS +E LOCAL GOVERN%EN CO#E O$ 11 AN# $OR O+ER PRPOSES Republic Act No. &*!
#pecial enal ;aws '. REPUBLIC ACT NO. 10175 = AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE
PENALTIES THEREFOR, AND FOR OTHER PURPOSES >. R$%&'()* A*+ N. #775 Anti-Child Pornography Act of 2009 ). Republic Act No. 9516 - An Act Further Amending the Provisions of Presidential ecree No. 1!66" As Amended" #ntitled $%odif&ing the 'a(s on )llegal*+nla(ful Possession" ,anufacture" ealing in" Acuisition or isposition of Firearms" Ammunition or #plosives /r )nstruments +sed in the ,anufacture of Firearms" Ammunition or #plosives" and )mposing 0tier Penalties for %ertain 2iolations thereof" and for Relevant Purposes$ *.
. REPUBLIC ACT NO. 10158 - AN ACT DECRIMINALIZING VAGRANCY, AMENDING FOR THIS PURPOSE ARTICLE 202 OF ACT NO. 815, AS AMENDED, OTHER!ISE "NO!N AS THE REVISED PENAL CODE . REPUBLIC ACT NO. ###5 - AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO VOYEURISM, PRESCRIBING
.
Republic Act No. 9349 H. No. 68 - A n A c t Prohibiting the etention of Patients in 7ospitals and ,edical %linics on 8rounds of Nonpa&ment of 7ospital ills or ,edlcal #penses Republic Act No. 9436 An
Act
Prohibiting
the
)mposition of eath Penalt& in the Philippines. ?.
Republic Act No. 9433 An Act #stablishing a %omprehensive :uvenile :ustice and ;elfare 0&stem" %reating the :uvenile :ustice and ;elfare %ouncil under the epartment of :ustice" Appropriating Funds therefor and for other Purposes.
-. Republic Act No. 9<6< - An Act e=ning 2iolence Against ;omen And >heir %hildren" Providing For Protective ,easures For 2ictims" Prescribing Penalties >herefore" And For /ther Purposes. '@. Republic Act No. 9o )nstitute Policies to #liminate >raic@ing in Persons #speciall& ;omen and %hildren" #stablishing the Necessar& )nstitutional ,echanisms for the Protection and 0upport of >raic@ed Persons" Providing Penalties for )ts 2iolations" and for other Purposes. ''. Republic Act No. 9193 An Act Amending Republic Act No. 916?" /ther(ise no(n as the $Anti-,one& 'aundering 'a( of
'. Republic Act No. 9165 %omprehensive angerous rugs Act of
'. Republic Act No. 916? >he Rules and Regulations )mplementing the Anti,one& 'aundering Act of
'>. Republic Act No. !5?5 Rape 2ictim Assistance and Protection Act of 199! -
'). Republic Act No. !46! >he Anti-0uatting 'a( Repeal Act of 199B -
'*. Republic Act No. !454 AntiRape 'a( -
'. Republic Act No. !<93 An Act Amending the Provisions of P. . No. 1!66" #ntitled $%odif&ing the 'a(s on )llegal*+nla(ful Possession" ,anufacture" ealing )n" Acuisition or ispostion of Firearms" Ammunition or #plosives or )nstruments +sed in the ,anufacture of Firearms" Ammunition or #plosives" and )mposing 0tier Penalties for %ertain 2iolations >hereof" and for Relevant Purposes$ -
'?. Republic Act No. !1BB An Act esignating eath b& 'ethal )nCection as the ,ethod of %arr&ing /ut
%apital Punishment" Amending for the Purpose Article !1 of the Revised Penal %ode" As Amended b& 0ection <3 of Republic Act No. B659 '-. Republic Act No. !?39 Anti7aDing 'a( -
@. Republic Act No. B!9? An Act Amendig Article hree" %hapter >(o" >itle Nine of Act No. 4!15" As Amended" /ther(ise no(n as the Revised Penal %ode -
'. Republic Act No. B!4< Anti-#lectricit& and #lectric >ransmission 'ines*,aterials Pilferage Act of 1993 -
. Republic Act No. eath Penalt& 'a(
B659
-
. Republic Act No. B34! An Act e=ning %ertain Rights of Person Arrested" etained or +nder %ustodial )nvestigation as (ell as the uties of the Arresting" etaining and )nvestigating /icers" and Providing Penalties for 2iolations >hereof -
-
>. Republic Act No. B646 An Act Repealing Republic Act Numbered /ne >housand -
0even 7undred" As Amended" /ther(ise no(n as the Anti-0ubversion Act. ). Republic Act No. B4?9 An Act %reating a oard of %laims +nder the epartment of :ustice for 2ictims of +nCust )mprisonment or etention and 2ictims of 2iolent %rimes and for /ther Purposes -
*. Republic Act No. 69!1 ;itness Protection" 0ecurit& and ene=t Act -
. Republic Act No. 696! An Act Punishing the %rime of %oup dE #tat b& Amending Articles 143" 145 and 146 of %hapter /ne" >itle >hree of Act Numbered >hirt&-#ight 7undred and Fifteen" /ther(ise no(n as the Revised Penal %ode" and for /ther Purposes. -
?. Republic Act No. 63<5 >he angerous rugs Act of 19B< -
-. Republic Act No. 1B?? An Act to /utla( the %ommunist Part& of the Philippines and 0imilar Associations" PenaliDing ,embership >herein" and for /ther Purposes. -
(Repealed by Republic Act No. 7636 ) ecree No. @. Presidential
ecree No. '. Presidential 1996 - Further Amending Presidential ecree No. 1!43" As Amended. (Repealed by Executive Order No. 187, erie! o" 1#87 ) ecree No. . Presidential 199? Amending Presidential ecree No. 96!" /ther(ise no(n as the Probation 'a( of 19B6. -
ecree No. ). Presidential 1!B5 Repealing Presidential ecree No. 1B4B" /ther(ise no(n as an Act Providing for the Preservation of Public /rder and the Protection of )ndividual Rights and 'iberties uring Periods of #mergenc& and #ercise of #tra-/rdinar& #ecutive Po(ers. -
ecree No. *. Presidential 1!45 A$ti%ubver!io$ &a' o" 1#81 %odif&ing the 2arious 'a(s on Anti0ubversion and )ncreasing the Penalties for ,embership in 0ubversive /rganiDations. (Repealed by Executive Order No. 167, erie! o" 1#87 ) -
ecree No. . Presidential 1!43 )ncreasing the Penalties for the %rime of Rebellion" 0edition" and Related %rimes" and Amending for >his Purpose Articles 145" 146" 13?" 131" 13<" 134" 133" 136 and 13B of th Revised Penal %ode and Adding 0ection 13<- >hereto. (Repealed by Executive Order No. 187, erie! o" 1#87 -
ecree No. . Presidential 19B5 Amending Presidential ecree No. 1!45 (Repealed by Executive Order No. 167, erie! o" 1#87 -
ecree No. >. Presidential 19B3 Amending Presidential ecree No. 1!43 (Repealed by Executive Order No. 187, erie! o" 1#87 ) -
ecree No. ?. )Presidential 1!<9 PenaliDing /bstruction of Apprehension -
and Prosecution of %riminal /enders. ecree No. -. Presidential 1B35 Providing for the isposition of %ases )nvolving 0imple )llegal Possession of Firearm" Ammunition" or #plosive" the 0urrender of 0uch %ontraband +nder %ertain 8uarantees and %onditions" and for /ther Purposes. -
ecree No. >@. Presidential 1B33 Amending Article >hree 7undred and >(ent& of the Revised Penal %ode Provisions on Arson. -
ecree No. >'. Presidential 1B34 Amending Presidential ecree No. 111?-A PenaliDing An& Attempt on" or %onspirac& Against" the 'ife of the %hief #ecutive of the Republic of the Philippines" An& ,ember of 7is %abinet or >heir Families. -
ecree No. >. Presidential 1B4B An Act Providing for the Preservation of Public /rder and the Protection of )ndividual Rights and 'iberties uring Periods of #mergenc& and #ercise of #traordinar& #ecutive Po(ers. -
ecree No. >. Presidential 1B46 Amending Presidential ecree Numbered #ight 7undred #ight&-Five" /ther(ise no(n as the Revised Anti0ubversion 'a(" As Amended. -
ecree No. >>. Presidential 1B45 )mposing Additional Penalties for Rebellion" )nsurrection" 0edition and 0ubversion %ommitted ;ithin or /utside Philippine >erritor&. Repealed by Executive Order No. 187, erie! o" 1#87 ) >). Presidential ecree No. 9B? Amending Articles 14! and 13< of the Revised Penal %ode and for /ther Purposes. (Repealed by Executive Order No. 187, erie! o" 1#87) -
>*. Presidential ecree No. 969 Amending %ertain Provisions of Presidential ecree No. 96? ;hich Amended Article
Funds >herefor /ther Purposes.
and
for
>?. Presidential ecree No. 93< Amending the Provisions of the Revised Penal %ode on %rimes Against Public /rder. (Repealed by Executive Order No. 187, erie! o" 1#87) -
>-. )Presidential ecree No. !!5 Revi!ed A$ti%ubver!io$ &a' /utla(ing 0ubversive /rganiDations" PenaliDing ,embership >herein and for /ther Purposes. -
)@. Presidential ecree No. 4! Amending Articles 145" 146" 14B" 14!" 13?" 13<" 1BB" 1B! and 1B9 of the Revised Penal %ode. (Repealed by Executive Order No. 187, erie! o" 1#87) ) -
)'. atas Pambansa ilang !B4 An Act Amending Article 15< of the Revised Penal %ode b& %onsidering 'a(&ers as Persons in Authorit& ;hen in the Performance of >heir uties or on the /ccasion >hereof. -
). atas Pambansa ilang !B1 An Act Amending Articles >(o 7undred >en and >(o 7undred #leven of Act Numbered >hirt&-#ight and Fifteen" /ther(ise no(n as -
>. Presidential ecree No. 96! >he Probation 'a( of 19B6 #stablishing a Probation 0&stem" Appropriating -
the Revised Penal %ode" As Amended" to )ncrease the Penalt& for the /ense of riber&. ). atas Pambansa ilang 1!6 An Act )ncreasing the Penalt& for ;hite 0lave >rade" Amending for the Purpose Article 431 of the Revised Penal %ode. -
)>. atas Pambansa ilang 1B9 An Act Further Amending %ertain 0ections of Republic Act Numbered 0it&-Four 7undred and >(ent&-Five" /ther(ise no(n as the angerous rugs Act of 19B<" Appropriating Funds >herefor" and for /ther Purposes. -
)). atas Pambansa ilang 9< An Act ,odif&ing the e=nition of the %rime of %orruption of ,inors and )ncreasing the Penalt& >herefor" Amending for the Purpose Article >hree 7undred Fort& of the Revised Penal %ode. -
)*. atas Pambansa ilang !5 An Act AuthoriDing the Release of An& /ender or Accused ;ho 7as +ndergone Preventive )mprisonment #ual to or ,ore >han the Possible ,aimum )mprisonment to -
;hich 7e ,a& be 0entenced b& Amending the Revised Penal %ode. ). atas Pambansa ilang B6 An Act Amending Presidential ecree Numbered Nine 7undred 0it&-#ight" as Amended" /ther(ise no(n as the Probation 'a( of Nineteen 7undred and 0event&-0i" 0o as to #pand )ts %overage. -
)?. atas Pambansa ilang B1 An Act Further Amending Article 41? of the Revised Penal %ode. -
)-. atas Pambansa ilang 44 An Act e=ning and PenaliDing %ertain Prohibited Acts )nimical to the Public )nterest and National 0ecurit& )nvolving Petroleum and*or Petroleum Products" Prescribing Penalties >herefor and for /ther Purposes.
*@. atas Pambansa ilang 41 An Act Amending Presidential ecree Numbered #ight 7undred #ight&-Five" /ther(ise no(n as the Revised Anti0ubversion 'a(. -
*'. atas Pambansa ilang << ouncing %hec@ 'a(
-
*. atas Pambansa ilang 6 An Act Reducing the Penalt& for )llegal Possession of laded" Pointed or lunt ;eapons" and for /ther Purposes" Amending for the Purpose Presidential ecree Numbered Nine. -
-
*. %ommon(ealth Act No. 5B! An Act to Amend Article /ne 7undred Fift&->(o of the Revised Penal %ode" so as to )nclude >eachers" Professors" and Persons %harged ;ith the 0upervision of Public or ul& RecogniDed Private -
0chools" %olleges" and +niversities" ;ithin the >erm $Persons in Authorit&$ .
No. 31?4 >he *>. Act )ndeterminate 0entence 'a( An Act to Provide for an )ndeterminate 0entence and Parole for All Persons %onvicted of %ertain %rimes b& the %ourts of the Philippine )slands to %reate a oard of )ndeterminate 0entence and to Provide Funds >herefor And for /ther Purposes. -
*). A %ompilation of Philippine 'a(s Against 8raft G %orruption **. For other related la(s" go toH Repositor& of Philippine 'a(s" 0tatutes and %odes
