NATURE AND CONCEPT

OF THE CONSTITUTION
 CONSTITUTION
REFERS TO THAT BODY OF RULES AND PPRINCIPLES IN ACCORDANCE WITH
WHICH THE POWERS OF SOVEREIGNTY ARE REGULARLY EXCERCISED.

IT IS THE SUPREME LAW OF THE LAND

IT IS THE FUNDAMENTAL LAW OF THE STATE

It is also defined as written instrument by which the fundamental powers of the

government are established, limited and defined and by which these powers
are distributed among the several departments or branches for their safe and
useful exercise for the benefit of the people. (2011, Hector S. De Leon)
 AS TO THEIR ORIGIN AND
HISTORY
• a. Conventional or enacted – one which is enacted by a
constitutional assembly or granted by a monarch to his
subjects.

• b. Cumulative or evolved – one which is a product of

growth or a long period of development originating in
customs, traditions or judicial decisions rather than from a
deliberate and formal enactment.
 AS TO THE MANNER OF
AMENDING
• a. Rigid or inelastic – one regarded as a document of special sanctity which cannot
be amended or altered except by some special machinery more cumbrous than the
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.
 THE STATE
• THE STATE : is a complete body of free persons united together for the
common benefit to enjoy peaceably what is their own and to do justice to
others.
• State is a community of persons more or less numerous, permanently
occupying a definite portion of territory, independent of external control
and possessing an organized government to which the great body of
inhabitants render habitual obedience- JAMES WILFORD GARNER
1. Citizens
2. Territory
3. Sovereignty
4. Government
 WHY DO WE NEED A CONSTITUTION?

• SERVES AS THE SUPREME OR FUNDAMENTAL LAW

OF THE LAND
IT BINDS ALL INDIVIDUAL CITIZENS

NATURE AND IT IS THE LAW TO WHICH ALL OTHER LAWS MUST

CONFORM.
PURPOSE • ESTABLISHES BASIC FRAMEWORK AND
UNDERLYING PRINCIPLES OF GOVERNMENT
PRESCRIBES THE PERMANENT FRAMEWORK OF THE
SYSTEM OF GOV’T
ASSIGN THE DIFF DEPT. THEIR RESPECTIVE POWERS
PRESERVE AND PROTECT ALL INDIVIDUALS/ ALSO
LIMITS THE ACTIONS OF EACH INDIVIDUAL
 1. The constitution empowers the state.

IMPORTANCE 2.
3.
The constitution establishes values and goals.
The constitution provides a government
OF THE stability.
4. The constitution protects freedom.
CONSTITUTION 5. The constitution legitimizes the regime.
 CONSTITUTION • MALOLOS CONSTITUTION (1899)
• 1935 CONSTITUTION (COMMONWEALTH OF THE
OF THE PHILIPPINES)

REPUBLIC OF • 1973 CONSTITUTION

• 1987 CONSTITUTION
THE PHILIPPINES
MALOLOS CONSTITUTION,1899
 • THE ONLY CONSTITUTION EVER FRAMED BY
FILIPINOS
-Also called the Political Constitution of 1899, it
was the basic law of the First Philippine Republic.
-It was written by Felipe Calderon y Roca and
Felipe Buencamino.
MALOLOS • It established a free and independent
CONSTITUTION, Philippines Republic which was inaugurated on
January 23, 1899 with Gen. Emilio Aguinaldo as
1899 President.
• It was enacted on January 21, 1899 and was
never fully implemented across the Philippines.
It was written in Spanish, composed of 93
articles, and divided into 14 titles.
 JONES LAW
AN ACT TO DECLARE THE PURPOSE OF THE PEOPLE OF THE UNITED STATES AS TO
THE FUTURE POLITICAL STATUS OF THE PEOPLE OF THE PHILIPPINE ISLANDS, AND
TO PROVIDE A MORE AUTONOMOUS GOVERNMENT FOR THOSE ISLANDS.

https://www.officialgazette.gov.ph/constitutions/the-jones-law-of-1916/
 1935 COMMONWEALTH
CONSTITUTION
• It was written in the year 1934. the U.S.
Government approved for its assurance so that
the U.S. Government would fulfil their promise
to grant the Philippine independence after 10
years of preparation for self-determination.

• This constitution was approved by President Franklin

Roosevelt of the Tydings-McDuffie law on March 24,
1934 and it was ratified by the Filipino electorate on
May 14, 1935.
 • Article I – National Territory
• Article II – Declaration of Principles
• Article III – Bill of Rights
• Article IV – Citizenship
• Article V – Suffrage
• Article VI – Legislative Department
• Article VII – Executive Department
• Article VIII – Judicial Department
PROVISIONS OF • Article IX – Impeachment
• Article X – Commission on Election
THE 1935 • Article XI – General Auditing Office
• Article XII – Civil Service
CONSTITUTION • Article XIII – Conservation and Utilization of Natural
Resources
• Article XIV – General Provisions
• Article XV – Amendments
• Article XVI – Transitory Provisions
• Article XVII – Special Provisions Effective Upon the
Proclamation of the Independence of the Philippines
• Article XVIII – The Commonwealth and the Republic
1943 CONSTITUTION
1973 CONSTITUTION
 1973 CONSTITUTION
• Accordingly, the experience of more than three decades as a sovereign nation had
revealed flaws and inadequacies in the 1935 Constitution. Taking into account the
“felt necessities of the times”, particularly the new and grave problems arising from
an ever increasing population, urgently pressing for solution to call for an Amendment
of the 1935 Constitution. It was in March 16, 1967, when the Congress in joint session
passed a Resolution No. 2 (as amended by Resolution No. 4, passed on June 17,
1969), authorizing the holding of a Constitutional Convention in 1971.
• The Constitutional Convention started its work of rewriting the Constitution on June
1, 1971. The 1935 Constitution, was made the basis for the drafting of Amendments
to the new constitution. The proposed Constitution was signed on November 30,
1972. But, earlier on September 21, 1972, The President of the Philippines then
Ferdinand E. Marcos issued Proclamation Order no. 1081 placing the entire country
under martial law.
• On December 31, 1972 the government issued Presidential Decree No. 80 creating a
Citizens Assembly in each Barrio in municipalities and in each district in chartered cities
throughout the country. Subsequently, Presidential Decree No. 86-A issued on January 5,
1973 defining the role of the barangays (formerly Citizens’ Assembly). Under the same
Decree, the barangays were to conduct a referendum on national issues between
January 10 and 15. Pursuant to PD No. 86-A, the following questions were asked:
1. Do you approve the New Constitution? and
2. Do you still want a plebiscite to be called to ratify the New Constitution?

President Marcos, what he called “Constitutional Authoritarianism”, extended his

presidency that lasted twenty years or two decades – the longest in Philippine history.
With Martial rule, the 1971 Constitutional Convention ended with the promulgation of the
1973 Constitution that provided for a transitory form of government. Under it, the term of
office of all officials, starting with the president, was extended.
 • Article I – National Territory
• Article II – Declaration of Principles and State
Policies
• Article III – Citizens
• Article IV - Bill of Rights
• Article V – Duties and Obligations of Citizens
• Article VI – Suffrage
• Article VII – The President and the Vice President
• Article VIII – National Assembly
PROVISIONS OF • Article IX – The Prime Minister and the Cabinet
• Article X – Judiciary
THE 1973 • Article XI – Local Government
• Article XII – The Constitutional Commissions
CONSTITUTION • Article XIII – Accountability of Public Officers
• Article XIV – The National Economy and Patrimony
of the Nation
• Article XV – General Provisions
• Article XVI - Amendments
• Article XVII – Transitory Provisions
1986 FREEDOM CONSTITUTION
1987 CONSTITUTION
 1987 CONSTITUTION

• Pursuant to Proclamation Order No. 3, the then President Corazon C. Aquino

promulgated on April 23, 1986 Proclamation Order No. 9 , the “Law Governing the
Constitutional Commission of 1986”, to organize the Constitutional Commission, to
provide for the details of its operations and establish the procedure for the ratification
or rejection of the proposed new Constitution.

• The Constitutional Commission, which marked the fourth exercise in the writing of a
basic Charter in the Philippine history since the Malolos Constitution at the turn of the
Century, convened on June 2, 1986. With the Malolos Constitution of 1898, the 1935
Constitution and the 1973 Constitution as “working drafts”, the Commission in addition
to committee discussions, public hearings, and plenary sessions, conducted public
consultations in different parts of the Country.
• Approved by the 1986 Constitutional Commission on October 12, 1986, the
1987 Constitution of the Republic of the Philippines was presented to
President Corazon C. Aquino on October 15, 1986. It was ratified on February
2, 1987 by a plebiscite. It was proclaimed in force on February 11, 1987.

• https://www.officialgazette.gov.ph/constitutions/
 PROVISIONS OF THE 1987
CONSTITUTION
• 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 VIII – Judicial Department
• Article IX – Constitutional Commissions
• Article X – Local Government
• Article XI – Accountability of Public Officers
• Article XII – National Economy and Patrimony
• Article XIII – Social Justice and Human Rights
• Article XIV – Education, Science & Technology, Culture, Arts and Sports
• Article XV – The Family
• Article XVI – General Provisions
• Article XVII – Amendments/Revisions
• Article XVIII – Transitory Provisions
ANALYSIS
MALOLOS CONSTITUTION
 MALOLOS CONSTITUTION
• CITIZENS
MALOLOS CONSTITUTION
1935 CONSTITUTION
1935 CONSTITUTION
1935 CONSTITUTION
 1973 CONSTITUTION
• TERRITORY
 1973 CONSTITUTION
• GOVERNMENT
 1973 CONSTITUTION
• CITIZENSHIP
 1973 CONSTITUTION
• SOVEREIGNTY
1987 CONSTITUTION
1987 CONSTITUTION
1987 CONSTITUTION
1987 CONSTITUTION