PHILIPPINE

CONSTITUTION
THE CONSTITUTION: AN EFFECTIVE
INSTRUMENT OF GOVERNMENT
 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 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
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.
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) 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.
2. As to manner of amending them
a) Rigid or inelastic—one regarded as a document of
special sanctity, which can not 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.
KINDS OF CONSTITUTION
 The 1986 Freedom Constitution: promulgated by
Presidential Proclamation, March 25, 1986.

 The 1973 Constitution: as Amended in October 16-17, 1976,

on January 30, 1980, and April 7, 1981.

 The 1973 Constitution: draft presented to President Marcos

by the 1971 Constitutional Convention on December 1,
1972; deemed ratified by Citizens’ Assemblies held from
January 10 to 15, 1973, proclaimed in force by
Proclamation by President Marcos, January 17, 1973.

 The 1943 Constitution: as approved by the Preparatory

Committee on Philippine Independence, September 4, 1943
and ratified by the KALIBAPI Convention, September 7,
1943.
 The 1935 Constitution: as amended on June 18, 1940,
and on March 11, 1947.

 The 1935 Constitution: as approved by the 1934

Constitutional Convention on February 8, 1935,
certified by the President of the United States on
March 25, 1935, and ratified by plebiscite on May 14,
1935.

 The Jones Law of 1916: enacted into law by the United

States Congress on August 29, 1916.
 The Philippine Organic Act of 1902: enacted into law
by the United States Congress on July 1, 1902

 The 1899 Malolos Constitution: approved by the

Malolos Congress on November 29, 1898, draft
returned by President Aguinaldo on December 1, 1898
for amendments, which the Congress refused;
approved by President Aguinaldo on December 23,
1898; formally adopted by the Malolos Congress on
January 20, 1899, promulgated by President Emilio
Aguinaldo on January 21, 1899.
 REQUISITES OF A GOOD WRITTEN
CONSTITUTION
1. Clarity or definiteness:
Every clause of the constitution should be
written in simple language. It should express its
meaning clearly without leaving any scope for
confusion.
 2. Brevity:

 The constitutions should not be lengthy. It should

contain only important things and unimportant
things should be left out. But the brevity should
not lead to gap in Constitution having some
issues unexplained.
3. Comprehensiveness:
The constitution should be applicable to the whole
country. If it is a federation then it must say the
structure and power of the center and provincial
government.
4. Flexibility:
The constitution should not be too rigid to hinder
the process of amendment when needed.
5. Declaration of rights:
A good constitution must contain the fundamental
rights of the people. In the constitution of countries like
India, Russia, China, America and Japan such
declaration have been made.
 6. Independence of judiciary:
Independence of judiciary is another quality of a
good constitution. The judiciary should function freely
and act as the guardian of the fundamental rights of the
people without favour or fear.
7. Directive Principles of State Policy:
In a good constitution mention must be made of
the directive Principles of he State Policy because, it
helps the establishment of a welfare state. These
principles also serve as a boon for the government.
 ESSENTIAL PARTS OF
CONSTITUTION
 PREAMBLE
"We the people of the United States, in order to
form a more perfect Union, establish justice, insure
domestic tranquility, provide for the common defense,
promote the general welfare, and secure the blessings of
liberty to ourselves and our prosperity, do ordain and
establish this Constitution for the United States of
America."
6 GOALS OF PREAMBLE
1) ―to form a more perfect union‖
They hoped to construct a stronger and
more effective government than the Articles of
Confederation.
2) ―establish justice‖
Form, or create, a better system of courts
and trial system.
3) ―ensure domestic tranquility‖
Keep peace between the different states.
4) ―provide for the common defense‖
Defend the nation from threats and others that
will do the nation harm or evil.
5) ―promote the general welfare‖
Guard the right of the people to work for a high
standard of living, or good living conditions.
6) ―secure the blessings of liberty to ourselves and our
posterity.‖
Safeguard the same freedom for themselves and
generations of Americans to come.
 7 ARITCLES
Article I – Outlines the Legislative Branch
 Article II – Outlines the Executive Branch

 Article III – Outlines the Judicial Branch

 Article IV – Defines the rules for and relationship

between the states
 Article V – States the rules and procedures for
amending the Constitution
 Article VI – Declares that the Constitution is the
Supreme law of the land
 Article VII – Outlines the process for ratifying, or
approving, the Constitution
THE 1987 CONSTITUTION OF THE
REPUBLIC OF THE PHILIPPINES
PREAMBLE
ARTICLE I National Territory

ARTICLE II Declaration of Principles and State Policies

ARTICLE III Bill of Rights

ARTICLE IV Citizenship

ARTICLE V Suffrage

ARTICLE VI Legislative Department

ARTICLE VII Executive Department

ARTICLE VII Executive Department
ARTICLE VIII Judicial Department
ARTICLE IX Constitutional Commissions
A. Common Provisions
B. The Civil Service Commission
C. The Commission on Elections
D. The Commission on Audit
ARTICLE X Local Government
General Provisions
Autonomous Regions
ARTICLE XI Accountability of Public Officers
ARTICLE XII National Economy and Patrimony
ARTICLE XIII Social Justice and Human Rights
Labor
Agrarian and Natural Resources Reform
Urban Land Reform and Housing
Health
Women
Role and Rights of People's Organization
Human Rights
ARTICLE XIV Education, Science and Technology,
Arts, Culture and Sports
Arts and Culture
Language
Science and Technology
Sports
ARTICLE XV The Family

ARTICLE XVI General Provisions

ARTICLE XVII Amendments or Revisions

ARTICLE XVIII Transitory Provisions

ORDINANCE
Thankyou 
QUESTIONS
1. What is a constitution?
2. What is the fundamental objective of the
constitution?
3. Cite state policies declared in an article of the
constitution that is related to education.