Laws & Jurisprudence
DOCTRINE OF CONSTITUTIONAL SUPREMACY
12:24 AM
Under
this doctrine, if a law or contract violates any norm of the Constitution, that
law or contract, whether promulgated by the legislative or by the executive
branch or entered into by private persons for private purposes, is null and
void and without any force and effect. Thus, since the Constitution is the
fundamental, paramount and supreme law of the nation, it is deemed written in
every statute and contract. (Manila Prince Hotel v. GSIS, G.R. No. 122156, Feb.
3, 1997)
Justice Isagani A. Cruz eloquently expound the essence of this great doctrine in this wise:
“The Constitution is the basic and paramount law to which all other laws must conform and to which all persons, including the highest officials of the land, must defer. No act shall be valid, however nobly intentioned, if it conflicts with the Constitution. The Constitution must ever remain supreme. All must bow to the mandate of this law. Expediency must not be allowed to sap its strength nor greed for power debase its rectitude. Right or wrong, the Constitution must be upheld as long as it has not been changed by the sovereign people lest its disregard result in the usurpation of the majesty of the law by the pretenders to illegitimate power.” (Isagani A. Cruz, Philippine Political Law, Central Lawbook Publishing, Co., Inc. 1991 Ed., p. 11)
BAR
QUESTION (2004)
BNN Republic has a defense treaty with EVA
Federation. According to the Republic's Secretary of Defense, the treaty allows
temporary basing of friendly foreign troops in case of training exercises for
the war on terrorism. The Majority Leader of the Senate contends that whether
temporary or not, the basing of foreign troops however friendly is prohibited
by the Constitution of BNN which provides that, "No foreign military bases
shall be allowed in BNN territory." In case there is indeed an
irreconcilable conflict between a provision of the treaty and a provision of
the Constitution, in a jurisdiction and legal system like ours, which should
prevail: the provision of the treaty or of the Constitution? Why? Explain with
reasons, briefly.
ANSWER:
In case of conflict between a provision of a treaty and a provision of the
Constitution, the provision of the Constitution should prevail. Section
5(2)(a), Article VIII of the 1987 Constitution authorizes the nullification of
a treaty when it conflicts with the Constitution. (Gonzales v. Hechanova, 9 SCRA 230 [1963]).
DISCLAIMER: The author is not lawyer nor an authority on this topic. It is a product of humble research and study of law. The information provided is not a legal advice and it should not be used as a substitute for a competent legal advice from a licensed lawyer.
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