04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly The French philosopher, Jean Jacques Rosseau stressed the non-derogability of this social contract, viz: But the body politic or sovereign, deriving its existence only from the sanctity of the contract, can never bind itself, even to others, in anything that derogates from the original act, such as alienation of some portion of itself, or submission to another sovereign. To violate the act by which it exists would be to annihilate itself; and what is nothing produces nothing. [48] Dean Vicente Sinco of the U.P. College of Law articulated these precepts in his seminal work, Philippine Political Law, viz: As adopted in our system of jurisprudence a constitution is a written instrument which serves as the fundamental law of the state. In theory, it is the creation of the will of the people, who are deemed the source of all political powers. It provides for the organization of the essential departments of government, determines and limits their powers, and prescribes guarantees to the basic rights of the individual.[49] xxxx Some authorities have also considered the constitution as a compact, an "agreement of the people, in their individual capacities, reduced to writing, establishing and fixing certain principles for the government of themselves." This notion expresses the old theory of the social contract obligatory on all parties and revocable by no one individual or group less than the majority of the people; otherwise it will not have the attribute of law.[50] (Emphasis supplied) In sum, there is no power nor is there any right to violate the Constitution on the part of any official of government. No one can claim he has a blank check to violate the Constitution in advance and the privilege to cure the violation later through amendment of its provisions. Respondents' thesis of violate now, validate later makes a burlesque of the Constitution. I vote to grant the petitions. [1] The formation of the commando unit was supposedly for a destabilization plan by the Marcos government aimed at Sabah. The young Muslim recruits were to be mobilized for operations against Sabah and subsequently claim it from Malaysia. [2] T.J.S. George, Revolt in Mindanao: The Rise of Islam in Philippine Politics (1980) and Cesar Majul, The Contemporary Muslim Movement in the Philippines (1985), cited inThomas M. McKenna, Muslim Rulers and Rebels, Everyday Politics and Armed Separatism in Southern Philippines, p. 141 (1998). [3] Thomas M. McKenna, Muslim Rulers and Rebels, Everyday Politics and Armed Separatism in Southern Philippines, p. 144 (1998). elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263 77/203