According to Dean Baustista, “the Constitution is a social contract between thegovernment and the people, the governing and the governed.”
(ASM: I don’t necessarily agree with this statement. As a social contract, the Constitution, I think is a contract between and among the people themselves and not between the government and the people. The government is only an “effect” or consequence of the social contract of the people. In other words, thegovernment is only a creature of the Constitution. Hence, the government cannot be a party to a contract that creates it. In the 1987 PhilippineConstitution, it reads, “We the sovereign Filipino people…in order to build a …society and establish a government… ordain and promulgate thisConstitution.”)
According to Dean Bautista, “the Constitution reflects majoritarian values butdefends minoritarian rights.”
C. Purpose of the Constitution
To prescribe the permanent framework of a system of government, to assign tothe several departments their respective powers and duties, and to establishcertain first principles on which the government is founded. (11 Am. Jur. 606cited in Cruz)
Why would a society generally committed to majority rule choose to begoverned by a document that is difficult to change?
a)To prevent tyranny of the majorityb)Society’s attempt to protect itself from itself.c)Protecting long term values form short term passions.
D. Constitution as a Municipal Law
A constitution is a municipal law. As such, it is binding only within the territoriallimits of the sovereignty promulgating the constitution.
A.(1) Rigid(2) FlexibleB. (1) Written(2) UnwrittenC.(1) Evolved(2) EnactedD. (1) Normative- adjusts to norms(2) Nominal –not yet fully operational(3) Semantic-perpetuation of power The Constitution of the Philippines is written, conventional and rigid.
F. Qualities of good written constitution
G. Essential parts of a good written constitution
1.Constitution of government2.Constitution of liberty3.Constitution of sovereignty[Social and economic rights]
H. Interpretation/Construction of the Constitution
In Fransisco v HR, the SC made reference to the use of well-settled principlesof constitutional construction, namely:1.Verba Legis2.Ratio legis et anima3.Ut magis valeat quam pereat
I. Permanence and Generality of constitutions
A constitution differs from a statute, it is intended not merely to meet existingconditions, but to govern the future.It has been said that the term ‘constitution’ implies an instrument of apermanent nature.
J. Brief Constitutional History
1.Malolos Constitution2.The American Regime and the Organic Acts3.The 1935 Constitution4.The Japanese (Belligerent) Occupation5.The 1973 Constitution6.The 1987 Constitution
K. The 1987 Constitution
The 1987 Constitution is the 4
fundamental law to govern the Philippinessince it became independent on July 4, 1946.
Background of the 1987 Constitution
1. Proclamation of the Freedom Constitutiona.
Procalamation No. 1
, February 25, 1986, announcing that she (CorazonAquino) and VP Laurel were assuming power.b.
Executive Order No.1,
(Febrauary 28, 1986)c.
March 25, 1986, announced the promulgation of theProvisional (Freedom) Constitution, pending the drafting and ratificationof a new Constitution. It adopted certain provisions in the 1973Constitution, contained additional articles on the executive department,on government reorganization, and on existing laws. It also provided of the calling of a Constitutional Commission to be composed of 30-50members to draft a new Constitution.2. Adoption of the Constitution