CONSTITUTION - created a Filipino state whose

- is the organic and fundamental law of the government was "popular,

State representative and responsible" three
- Latin term “CONSTITUO” meaning distinct branches -- the executive, the
established legislative and the judicial.
- is a body of rules and maxims with which the - safeguards against abuses, the
power of the sovereign are habitually national and individual rights not only
exercised. of the Filipinos.
- Part of a country's sovereignty - make the function of Congress
- Basis of all the other laws in the land continuous the document for
- Serves as a guide to the government in Permanent Commission would sit as a
making decisions. law-making body when Congress was
not in session.
Justice MALCOLM - assembly elected the President of the
- written instrument enacted by direct action of Republic.
the people by which the fundamental powers - The Cabinet was responsible not to
of the government are established. the President, but to the Assembly.

Nature and Purpose 1935 Constitution

- serves as the supreme and fundamental law. - written by Claro M. Recto
- establishes the basic framework and underly - created in accordance with the establishment
in principles of government. of the Commonwealth Republic
- Tydings-Mcduffie Law of 1934 caused the
ESSENTIAL PARTS of a Good, Written drafting of the 1935 constitution
Constitution - effectivity was halted during the Japanese
- Constitution of LIBERTY occupation but continued in 1946 until 1972
- Constitution of GOVERNMENT - constitution had to be approved by Pres.
- Constitution of SOVEREIGNTY Franklin Roosevelt
- ratification of constitution included women
REQUISITES of a Good, Written Constitution for the first time
- BROAD The Salient Features:
- BRIEF - a bicameral legislature composed of
- DEFINITE a Senate and House of Representatives.
- the President is to be elected to a
HISTORY four-year term together with the Vice-
1787 – USA President without re-election.
1791 – France - rights of suffrage by male citizens of
1812 - Philippines (Cadiz Constitution) the Philippines who are twenty one
1917 – Mexico years of age or over and can read and
1918 - Russia write.
1812 – Cadiz Constitution - extension of power right of suffrage
January 21, 1899 – (Malolos Constitution) to women within two years after the
May 14, 1935 – 1935 Constitution adoption of the constitution.
January 17, 1973 – 1973 Constitution - provided the legal basis of the
February 2, 1987 – 1987 Constitution Commonwealth Government which
was considered a transition
Malolos Constitution government before the granting of the
- written by Felipe Calderon Philippine independence with the
- ratification and proclamation held at American-inspired constitution.
Barasoain Church in Malolos.
- created in accordance with the establishment 1973 Constitution
of the First Philippine Republic, 1899. Main purposes before Martial Law:
- lasted until the Philippine-American War. 1. To reflect genuine Philippine independence
The Salient Features: and sovereignty
- first important Filipino document 2. To change the present government to
produced by the people's parliamentary form
representatives. 3. To give Marcos more power and postpone the
- anchored in democratic traditions incoming 1973 elections
rooted in American soil. - ratification was done through citizen’s assembly
- created in accordance with the declaration of Martial
Law and the New Society
- lasted until the People Power Revolution in 1986
The Salient Features:
- establishment of a modified parliamentary
government
- suspension of the Bill of Rights
- greater power of the Executive Department
- promulgated after Marcos’ declaration of
martial law
- was supposed to introduce a Parliamentary-
style government
- legislative power was vested in a unicameral
Nation Assembly whose members were
elected for six-year terms
- the president was ideally elected as the
symbolic and purely ceremonial head of the
state six-year term and could be re-elected
to an unlimited number of terms
- The 1980 amendment was about the
retirement age of the members of judiciary
which was extended to 70 years.
- The 1981 amendment was the false
parliamentary system formally modified into a
French-style semi-presidential system.
Freedom Constitution
- promulgated on March 25 1986
- created in accordance with the establishment
of the Revolutionary Government of 1896
- only parts about human rights were retained
from the previous constitution
- served as a temporary/transitional
constitution
1987 Constitution
- ratified February 2, 1987
- formulated by Constitutional Commission
led by Cecilia Munoz Palma
- pushed for the restoration of the presidential
government and protection of human rights
Changes from previous constitutions:
1. Longer term but without reelection for
president
2. Abolition of capital punishment
3. Party-list representation and creation of
Sandigang Bayan
4. Creation of Human Rights Commission
5. Controlled power of president in declaring
martial law
The Salient Features:
- reinstitution of democratic government
- separation of church and state
- sovereignty of the people
- renunciation of war as a national policy
- supremacy of civilian authority over the
military
- separation of powers of the three branches of
the government
- a result of the People Power Revolution
- established a representative democracy with
powers divided among three separate and
independent branches of government
(EXECUTIVE, LEGISLATIVE, JUDICIAL)
- the executive branch is headed by the
president and his appointed cabinet; the
legislative power is vested in a congress which
is divided into two houses, the Senate and the
House of Representatives; the court system of
the Philippines exercise the judicial power of
the government;
- integrated into the constitution a full of bill
of rights; and
- establishment of the independent
constitutional commissions.
Constitution and Statute Compared
Supreme law, Comprehensive and inclusive of
the past present and future and relatively
permanent; relatively permanent; author is the
people
Subordinate law, Contemporaneous and
Legislated to cope with the change in a
society; author is legislative body
National Laws
- implemented throughout the country
- drafted by the congress
- also called as Republic Acts
Other laws
- International Laws
- Laws coming from the President
- Laws administered by the Supreme Court
Ordinances
- passed by local government bodies in provinces,
towns, cities, etc.
- implemented in LGU’s because they are important to
the communities
Barangay Orders
- passed by Sangguniang Barangay
- implemented in barangays
- usually related to cleanliness, peace, and order