Philippine Legal Guide

Sharing the Philippines' laws, statutes, legal concepts, and jurisprudence.

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2026 Bar Exam

As my way of paying it forward, I decided to start this passion project to serve as quick review notes for the 2026 Philippine Bar Exam.

However, I'd like to point out that I'm currently working full-time in a law firm and I don't want to make any promises. I will post the notes that will serve as quick reviewers as frequently as possible, ensuring that I have covered all topics enumerated in the Syllabi.

As of 16 Oct 2025, the Supreme Court Office of the 2026 Bar Chairperson, Associate Justice Samuel H. Gaerlan, has issued Bar Bulletin No. 1, Series of 2026, concerning the “Conduct of the 2026 Bar Examinations: Modality, Schedule, Coverage, and Syllabi.

To all 2026 Bar Examinees, I hope and pray for the best in your review season. No matter what happens, whether you're tired or unmotivated, just keep on showing up. You got this!

[philippinelegalguide]

What are the rules on interpretation and construction of the Constitution?

To interpret the provisions of the Constitution, the following must be observed:

First, verba legis — whenever possible, the words used in the Constitution must be given their ordinary meaning except when technical terms are involved.

Second, when there is ambiguity ratio legis et anima — the intent of the framers as well as the history of times, conditions, and circumstances under which the Constitution was framed must be considered.

Third, ut res magis valeat quam pereat — the Constitution must be interpreted as a whole, and its provisions should be construed together.

[philippinelegalguide]

What are the major parts of a constitution?

The three major parts of a constitution are the following:

Constitution of Sovereignty — This refers to the provisions pointing out the modes or procedure in accordance with which formal changes in the Constitution may be made (Art. XVII [Amendments or Revisions]).

Constitution of Liberty — The series of prescriptions setting forth the fundamental civil and political rights of the citizens and imposing limitations on the power of the government as a means of securing the enjoyment of those rights. (Art. III [Bill of Rights]).

Constitution of Government — Provides for a structure and system of government; refers to the provisions outlining the organization of the government, enumerating its powers, laying down certain rules relative to its administration, and defining the electorate (Art. VI [Legislative Department]; Art. VII [Executive Department]; Art. VIII [Judicial Department]; Art. IX [Constitutional Commissions]).

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What is the function of the Preamble? Is it a source of enforceable rights or obligations?

No. The Preamble is not a source of enforceable rights or obligations. It only sets down the origin, scope, and purpose of the Constitution and may be used as an aid in ascertaining vague provisions in the body of the Constitution.

[philippinelegalguide]

May Congress create a new law reinstating a provision from a previous law that was already declared unconstitutional by the Court?

No. In the hierarchy of our laws, the Constitution is always supreme, and any law, issuance, or ordinance that is inconsistent with it is a nullity. Once a law or provision of law has been declared null for being contrary to the Constitution, a subsequent reincorporation or reenactment of the same provision in a new law will not cure its nullity. The only exception to this is when there are compelling circumstances to reverse the earlier conclusion.

(Manila Prince Hotel v GSIS, G.R. No. 122156, 03 Feb 1997)

(Sameer Overseas Placement Agency Inc v Cabiles, G.R. No. 170139, 05 Aug 2014)

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Does the 1987 Constitution support the economic principle of "laissez faire" or less regulation of private business?

No. The Constitution is not made up of neoclassical economics. It is the basic law. The principle of laissez faire has long been denied validity in this jurisdiction. Far from embracing the doctrine of laissez faire, the Constitution has enshrined a policy of protecting human rights and social justice, with a view toward rising productivity, full employment, and improving the quality of life of the people.

(Universal Robina Corporation v Department of Trade and Industry, G.R. No. 203353, 14 Feb 2023)

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What is the core foundation of the 1987 Constitution?

The sovereignty of the people is the core foundation of the Constitution. It is for this reason that the First Principle in Article II, Section 1 of the 1987 Constitution on the Declaration of Principles and State Policies declares that:

"the Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them."

Thus, by the very nature of our system of government as democratic and republican, supreme power and authority resides in the body of the people, and for whom such authority is exercised.

(Macalintal v COMELEC, G.R. No. 263590 and 263673, 27 Jun 2023)

[philippinelegalguide]

What is the doctrine of constitutional supremacy?

Under the doctrine of constitutional supremacy, 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 the private parties for private purposes is null and void and without any force and effect.

Thus, since the Constitution is 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, 03 Feb 1997)

[philippinelegalguide]

What is a constitution?

A constitution is 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 has been defined as the fundamental and paramount law of the nation.

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.

(Manila Prince Hotel v GSIS, G.R. No. 122156, 03 Feb 1997)

[philippinelegalguide]

Revised Lawyer's Oath

A.M. No. 22-09-01-SC

11 April 2023

I, (name), do solemnly swear (affirm) that I accept the honor, privilege, duty, and responsibility of practising law in the Philippines as an Officer of the Court in the interest of our people.

I declare fealty to the Constitution of the Republic of the Philippines.

In doing so, I shall work towards promoting the rule of law and a regime of truth, justice, freedom, love, equality, and peace.

I shall conscientiously and courageously work for justice, as well as safeguard the rights and meaningful freedoms of all persons, identities, and communities. I shall ensure greater and equitable access to justice. I shall do no falsehood nor shall I pervert the law to unjustly favor nor prejudice anyone. I shall faithfully discharge these duties and responsibilities to the best of my ability, with integrity, and utmost civility. I impose all these upon myself without mental reservation nor purpose of evasion.

[For oaths] So help me, God. (Omit for affirmations)