What is Constitution?

A constitution is a system for government, codified as a written document, which contains fundamental laws and
principle. It usually contains fundamentals political principles, and establishes structure, procedures, powers and duties, of
a government.
The Constitutions of the Philippines is the supreme law of the Philippines. The constitution currently in effect
was enacted in 1987, during the administration of President Corazon Aquino, and is popularly known as “1987
Constitution”. Philippines constitutional law experts recognize three other previous constitutions as having effectively
governed the country – The 935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom
Constitution. Constitutions for the Philippines were also drafted and adopted during the short-lived governments of
President Emilio Aguinaldo (1898) and Jose P. Laurel (1943).
CONSTITUTION DEFINED:
In its broad sense, the term constitution refers to the “body of rules and principles in accordance with which
the powers of sovereignty is regularly exercised.”
it is the fundamental law of a nation, the highest expression of the law

Constitution is a written instrument (document) by which the fundamental powers of government are established,
limited, and defined, and by which these powers are distributed among several departments for their safe and useful
exercise for the benefit of the body politic.” Justice Miller, US Supreme Court.
ETYMOLOGY
Latin word “Constituo” which means “fixed”, “established “or “settled”
THE PURPOSE OF A CONSTITUTION
it prescribes the kind of government that will exist in the state
It creates the different departments and specifies their respective functions and duties
It is the source of the sovereign powers of a government by establishing the fixed, first or basic principles
It promotes public welfare. The constitution establishes the rights of the people which the government is obligated
to protect.

NATURE:
1. Serves as the supreme or fundamental law.
It is the Charter creating the government.
It is binding to all individual citizens and all organs of the government.
It is the law to which all other laws must conform.
It is the test of the legality of all governmental actions.
2. Establishes the basic framework and underlying principles of government.
Prescribes the permanent framework of the system of government, and assigns to the different
department or branches, their respective powers and duties. (Art. I)
To establish certain basic principles on which the government is founded. (Preamble, Art. I)
Designed to preserve and protect the rights of the citizen against the Powers of the State. (Art III)

CONSTITUTIONAL LAW
It is defined as the branch of public law which deals with constitution: their nature, formation, amendment, and
interpretation. It is also the law embodied in the Constitution as well as the principles growing out of the interpretation
and application made by the courts, specifically the Supreme Court.
TYPOLOGY OF CONSTITUTION
Constitution may be classified as follows:
1) As to origin and history:
 a) Conventional or enacted — one which is enacted by a constituent assembly or granted by a monarch to his
subjects ( e. g. Constitution of Japan)
b) Cumulative of evolved — one which is a product of a long period of development originating in
customs, traditions, judicial decisions etc., rather than from deliberate and formal enactment.( e. g.
English Constitution)
2) As to form:

a) Written Constitution —one which has been given definite form at a particular time, usually by a
specially constituted authority called a “constitutional convention” or “constitutional commission”.
b) Unwritten Constitution — one which is entirely a product of political evolution, consisting largely of a
mass of customs, usages, and judicial decisions.

3) As to manner of amending them:

a) Rigid or inelastic —one regarded as a document of special sanctity, which cannot be amended or
altered except by some special machinery other than ordinary legislative process.
b) Flexible or elastic —one which possesses no higher legal authority than ordinary laws and which may
be altered in the same way as other laws.
HISTORY OF THE PHILIPPINE CONSTITUTION
The Biak-Na-Bato Republic Constitution (1897)

Written by Isabelo Artacho and Felix Ferrer, it was promulgated by the Philippine Revolutionary
Government on November 1, 1897
Its provisions was adopted from that of the Constitution in Jimaguayo, Cuba
The official language of the constitution was Tagalog
The constitution only last for two years
UNIQUE FEATURES

Its preamble reiterated the objective of the revolution which was “ the separation of the Philippines from
the Spanish monarchy and their formation into an independent state with its own government
The government that was formed was a Supreme Council composed of a President, a Vice-President, a
Secretary of the Interior, a Secretary of Foreign Relations, a Secretary of War, and a Secretary of
Treasury
Articles XXII to XXV were essentially the Bill of Rights accorded to every Filipino