THE PHILIPPINE

CONSTITUTION
 Introduction
Every state has had a constitution
of some kind whether it be an elaborate
document or just a collection of rules. It is
inconceivable how a state could exist or
survive without a constitution of some
form.
The foundation of the system of
government of the Philippines is the
constitution.
 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.”

Etymology:

Latin word “ CONSTITUO” which

means “fixed”,“established”, or
“settled”
 Constitution defined:

 “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 politics.”
 Nature and Purposes
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.
 Nature and Purposes
2. Establishesthe basic framework and
underlying principles of
government.
 Prescribesthe permanent frameworkof the system of
government, and assigns to the
differentdepartmentor branches, their respective powers
anD duties. (Art. I)
 To establish certain basic principleson 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.
 The 1987 Philippine Constitution
is thus a conventional/enacted ,
written, and rigid/inelastic
constitution.
 Pros and Cons of a
written constitution
 It has the advantage of clearness and
Definiteness over an unwrittenone. Since the
written constitution is a binding document,
the rights of the citizen is more secured.
 Its disadvantage lies in the
difficulty of its amendment . This
prevents the immediate introduction of
needed reforms and may
thereby retard the healthy growth and
progress of the State.
 Requisites of a good written
constitution
 BRIEF: because if a constitution is too detailed, it
would lose the advantage of a fundamental law. It would
never be understood by the public.
 BROAD: because a statement of the powers
and functions of government, and of
the relations between the governing body
and the governed,
requires that it be as comprehensive as possible.
 DEFINITE: because otherwisethe application of its
provision to concrete situations may prove
unduly difficult if not impossible.
Constitution of the
Republic of the
1) The 1935 Constitution
Philippines Ratified on May 14, 1935

Features: a) Establishedthe Commonwealth

Government.

b) Provided a
Democratic and
Republicangovernment

c) Inclusionof the Bill of Rights

Constitution of the
Republic of the
Philippines
2) The 1973 Constitution
Ratified on January 17, 1973

Features: a) Establishment of a modified

parliamentary government.

b) Suspensionof the Bill of Rights.

c)Has given greater power to

the Executive Department.
 The 1987
constitution
Ratified on February 2,
1987

Features:
a) Reinstitution of a
Democratic Government.
b)Separation of Church and
State. c) Sovereignty of the
people.
d) Renunciation of war as a national
policy. e) Supremacy of Civilian authority
over the
military.
f) Separation of Powers
 Preamble
 From Latin “preambulare”
which means “to
walk before”.
 It is an introduction to the
main subject.
 It is the prologue of the
Constitution.
Preamble: purpose and
value
 1)
Sets down the origin and
purposesof the
constitution.
 2) May serve as an aid in
its interpretation.

Note: The preamble has no

legal implications.
 Article I: National Territory
The national territory comprises the Philippine
archipelago, with all the islands and waters
embraced therein, and all other territories over which
the Philippines has sovereignty or jurisdiction,
consisting of its terrestrial, fluvial and aerial domains,
including its territorial sea, the seabed, the subsoil,
the insular shelves, and other submarine areas. The
waters around, between, and connecting the islands
of the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the
Philippines.
 ARTICLE II
DECLARATION OF PRINCIPLES AND
STATE POLICIES
PRINCIPLES
 Section 1. The Philippines is a democratic and republican
State. Sovereignty resides in the people and all government
authority emanates from them.
 Section 2. The Philippines renounces war as an instrument
of national policy, adopts the generally accepted principles
of international law as part of the law of the land and
adheres to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations.
 ARTICLE II
DECLARATION OF PRINCIPLES AND
STATE POLICIES
•  Section 3. Civilian authority is, at all times, supreme over the military. The
Armed Forces of the Philippines is the protector of the people and the State. Its
goal is to secure the sovereignty of the State and the integrity of the national
territory.

•  Section 4. The prime duty of the Government is to serve and protect the
people. The Government may call upon the people to defend the State and, in
the fulfillment thereof, all citizens may be required, under conditions provided by
law, to render personal, military or civil service.
 ARTICLE II
DECLARATION OF
PRINCIPLES AND
STATE POLICIES
 Section 5. The maintenance of peace and
order, the protection of life, liberty, and
property, and promotion of the general
welfare are essential for the enjoyment by
all the people of the blessings of
democracy.
 Section 6. The separation of Church and
State shall be inviolable.
 ARTICLE II
DECLARATION OF PRINCIPLES AND
STATE POLICIES
STATE POLICIES
 Section 7. The State shall pursue an independent
foreign policy. In its relations with other states, the
paramount consideration shall be national
sovereignty, territorial integrity, national interest, and
the right to self-determination.
 Section 8. The Philippines, consistent with the
national interest, adopts and pursues a policy of
freedom from nuclear weapons in its territory.
 ARTICLE II
DECLARATION OF PRINCIPLES AND
STATE POLICIES
 Section 12. The State recognizes the sanctity of family life
and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the life
of the mother and the life of the unborn from conception. The
natural and primary right and duty of parents in the rearing of
the youth for civic efficiency and the development of moral
character shall receive the support of the Government.
 Section 13. The State recognizes the vital role of the youth in
nation-building and shall promote and protect their physical,
moral, spiritual, intellectual, and social well-being. It shall
inculcate in the youth patriotism and nationalism, and
encourage their involvement in public and civic affairs.
 ARTICLE II
DECLARATION OF PRINCIPLES AND
STATE POLICIES

 Section 14. The State recognizes the role of

women in nation-building, and shall ensure
the fundamental equality before the law of
women and men.
 Section 25. The State shall ensure the
autonomy of local governments. (see Art. X)