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READING IN PHILIPPINES HISTORY

REACTION PAPER

MEMBERS:

DATUMANONG, NORHAINA B.

DEGUZMAN, MARIANNE

FELICILDA, RONALYN

LOQUIAS, ALYSSA FAYE

TAYAWA, JERREL

SUBMITTED TO:

MS. JULIE ANN SOLIS


THE PHILIPPINE CONSTITUTION

I. 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.
Latin word "CONSTITUO" which meaning "fixed," "established," or "settled" refers to the "body
of norms and principles in line with which the powers of sovereignty is consistently exercised".
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 of the constitution is to serves as the supreme or fundamental law and
Establishes the basic framework and underlying principles of government.
Constitutional Law 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.
Source: https://www.slideshare.net/princekurt11/philippine-constitution-15452864

II. HISTORY

In 1916, the US passed the Jones Act which specified that independence would only be granted
upon the formation of a stable democratic government modelled on the American model, not the
French model as the previous constitution had been. The US approved a ten-year transition plan in
1934 and drafted a new constitution in 1935. World War II and the Japanese invasion on December
8, 1941, however, interrupted that plan. After heroic Filipino resistance against overwhelming odds
finally ended with the fall of Bataan and Corregidor in 1942, a Japanese “republic” was established,
in reality, a period of military rule by the Japanese Imperial Army. A new constitution was ratified in
1943 by Filipino collaborators who were called the Kapisanan sa Paglilingkod ng Bagong Pilipinas
(Kalibapi). An active guerilla movement continued to resist the Japanese occupation. The Japanese
forces were finally defeated by the Allies in 1944 and this sorry chapter came to a close.

Philippine independence was eventually achieved on July 4, 1946. The 1935 Constitution, which
featured a political system virtually identical to the American one, became operative. The system
called for a President to be elected at large for a 4-year term (subject to one re-election), a bicameral
Congress, and an independent Judiciary.
Source: https://constitutionnet.org/country/philippines

III. LAWS ENACTED

The 1987 Philippine Constitution under Article 3, Section 4 of the Bill of Rights provides, “No law
shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the
people peaceably to assemble and petition the government for redress of grievances”, while Section
8 under the same Article states that, “The right of the people, including those employed in the
public and private sectors, to form unions, associations, or societies for purposes not contrary to law
shall not be abridged”.
Source: https://www.officialgazette.gov.ph/constitutions/1987-constitution/

IV. STAND

• POSTIVE STAND

Constitution lays out the rights, responsibilities, and duties of the citizens. Basic rules of certain
fields/aspects of life like education, family, health, and so on are stipulated in a constitution. 1987
Constitution of the Philippines contains a Bill of Rights that states different rights of the Filipino.
With the state of politics in our country the citizens need to be informed of the basic law of the
land. we also need to know the basic rules and regulations that pertains to our everyday life so that
we can check the civil authorities against their attempts to lord it.
When the 1987 Constitution added a distinct article on social justice, emphasizing social, economic,
and cultural rights instead of the normal emphasis on political and civil rights in a typical bill of
rights, it strengthened the rights-based foundation of the nation’s constitutional order.
Source:
https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.idea.int/sites/default/fil
es/publications/justice-system-reform-under-federal-
transition.pdf&ved=2ahUKEwj1u5_e2ez7AhXaplYBHRnzCMgQFnoECAUQBQ&usg=AOvVaw
3TD_ab1d3Mie4YuhnaG3rc
https://www.quora.com/What-are-your-thoughts-about-the-Philippine-Constitution
• NEGATIVE STAND

The 1987 Constitution is a corrupt and flawed Constitution. This corrupt system is root of all evil
and explains why the country is lagging behind from it's Asian neighbors. The 30+ decades
unfortunate experience with this wrong system is proof alone how badly we need change now. The
1987 Constitution was really reactionary to the time then and our delegates had to craft it with the
available information and limited projections. A better constitution will not work if it is not bold
enough to mold the character of a good law-abiding citizen. Not until such time the Filipinos are
willing to accept that all the problems and miseries are brought about by the character within, that
needs to change, this nation is going down the drain.
Source: https://www.quora.com/What-are-your-thoughts-about-the-Philippine-Constitution

• FINAL STAND
There are so many Negative criticism about the constitution of the Philippines, However, there are
still positive criticism about the constitution and we are also favor to it. Because it guarantees fair
representation of public opinion by those who make decisions on its behalf, a constitution is
important. The 1987 Constitution aspires to protect human dignity and reduce economic and
cultural inequities through the distribution of wealth and power for the common good.
The 1987 Constitution upholds workers' rights of all Filipinos, local and overseas, through security
of tenure, humane working conditions, and a living wage. It also recognizes workers' rights to
organize themselves and to strike. Additionally, it defines the limits of political authority by ensuring
the specific rights and liberties of each individual. These rights contribute to the preservation and
advancement of human dignity and equality and freedom.
The Philippine constitution is important in our country even though there are some disadvantages.
It determines how citizens and governments will interact. All of the nation's citizens are secured, and
their fundamental rights are provided. It shows the process for electing the government as well as
who will be in charge of making decisions.
References:
https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.jjcicsi.org.ph/wp-
content/uploads/2018/02/IQF-Vol-V-No-1-Constitution-Social-Justice-and-Human-
Rights.pdf&ved=2ahUKEwjTzbypjOr7AhUrr1YBHb5wCowQFnoECA4QBQ&usg=AOvVaw2Z
UU8AOf5vd7UtRVqXrTeC

https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.biicl.org/files/6646_bur
ma_constitutional_awareness_booklet_-
_english_version_(2).pdf&ved=2ahUKEwjTzbypjOr7AhUrr1YBHb5wCowQFnoECBEQBQ&usg
=AOvVaw0qL2oZzZldL1DIhbPYKrhb

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