Nature of constitution- A constitution establishes a government based on the rule of law and

which is limited by law. It thus provides a legal basis for Governmental operations and makes
constitutional government possible. It, therefore, prevents anarch or dictatorial government
which knows no legal bounds. A constitution acts as a peace treaty.
1. Definition: a body of fundamental principles or established precedents according to
which a state or other organization is acknowledged to be governed.
2. Purpose: The Constitution has three main functions. First, it creates a national
government consisting of a legislative, an executive, and a judicial branch, with a
system of checks and balances among the three branches. Second, it divides power
between the federal government and the states.
3. Classification: Constitutions are widely classified into two categories, firstly written and
unwritten; and secondly, rigid and flexible. Congress, working procedure of the
Congress, etc.
4. Qualities of a well-written constitution: (1) Clarity or Definiteness(2) Brevity (3)
Comprehensiveness (4) Flexibility (5) Declaration of Rights (6) Independence of Judiciary
(7) Directive Principles of State Policy
5. An essential part of the written constitution: The Constitution that we apply today was
written in three main parts. First, there is the Preamble, followed by the articles (the
meat of the Constitution), and lastly the Amendments (there are presently. FEDERALISM:
The powers and rights of the st...SEPARATION OF POWERS: Government power
...POPULAR SOVEREIGNTY: People establish ...LIMITED GOVERNMENT: Governments
must
6. Interpretation/construction of constitution: GR. NO. 160261 Principles: The separation
of powers is a fundamental principle in our system of government. It obtains not
through express provision but by actual division in our Constitution. Each department of
the government has exclusive cognizance of matters within its jurisdiction,... and is
supreme within its own sphere. But it does not follow from the fact that the three
powers are to be kept separate and distinct that the Constitution intended them to be
absolutely unrestrained and independent of each other. The Constitution has provided
for an... elaborate system of checks and balances to secure coordination in the workings
of the various departments of the government. x x x And the judiciary in turn, with the
Supreme Court as the final arbiter, effectively checks the other departments in the
exercise of its... power to determine the law, and hence to declare executive and
legislative acts void if violative of the Constitution. Truly political questions are thus
beyond judicial review, the reason for respect of the doctrine of separation of powers to
be maintained. A Republican form of government rests on the conviction that
sovereignty should reside in the people and that all government authority must emanate
from them. It abhors the concentration of power on one or a few, cognizant that power,
 when absolute, can lead to abuse, but... it also shuns a direct and unbridled rule by the
people, a veritable kindling to the passionate fires of anarchy. GR. NO. 83896
WHEREFORE, subject to the qualification above-stated, the petitions are GRANTED.
Executive Order No. 284 is hereby declared null and void and is accordingly set aside.
7. The doctrine of constitutional Supremacy: In case of conflict between a provision of a
treaty and a provision of the Constitution, the provision of the Constitution should
prevail. GR. NO. 112156 Principles: 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.
Constitutional History:
1. Malolos Constitution: 1899
2. American Regime and Organic Act: was a basic law for the Insular Government that was
enacted by the United States Congress on July 1, 1902. It is also known as the Philippine Bill of
1902 and the Cooper Act, after its author Henry A. Cooper. The approval of the act coincided
with the official end of the Philippine–American War.
3. 1935 Constitution: Commonwealth
4. Japanese occupation: The Japanese occupation of the Philippines occurred between 1942
and 1945 when Imperial Japan occupied the Commonwealth of the Philippines during World
War
5. 1973 Constitution: The 1973 Constitution: draft presented to President Marcos by the 1971
Constitutional Convention on December 1, 1972; deemed ratified by Citizens