THE PHILIPPINE

CONSTITUTION
INTRODUCTION
 CONSTITUTION
 IS A BODY OF RULES AND MAXIMS IN
ACCORDANCE WITH WHICH THE
POWERS OF THE SOVEREIGN ARE
HABITUALLY EXERCISED.
 IT IS AN 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.
 PURPOSE
 IS TO PRESCRIBE THE PERMANENT
FRAMEWORK OF THE SYSTEM OF
GOVERNMENT AND TO ASSIGN TO THE
DIFFERENT DEPARTMENTS OR
BRANCHES THEIR RESPECTIVE POWERS
AND DUTIES, AND TO ESTABLISH
CERTAIN BASIC PRINCIPLES ON WHICH
THE GOVERNMENT IS FOUNDED.
 IT IS PRIMARILY DESIGNED TO PRESERVE
AND PROTECT THE RIGHTS OF
INDIVIDUALS AND MINORITIES AGAINST
THE ARBITRARY ACTIONS OF THOSE IN
AUTHORITY.
 KINDS OF CONSTITUTION
A. AS TO THEIR ORIGIN
 CONVENTIONAL  CUMULATIVE OR
OR ENACTED EVOLVED
– ENACTED BY A – A PRODUCT OF
CONSTITUENT GROWTH OR A LONG
ASSEMBLY OF PERIOD OF
GRANTED BY A DEVELOPMENT
MONARCH TO HIS ORIGINATING IN
SUBJECTS. CUSTOMS,
TRADITIONS, JUDICIAL
DECISIONS, ETC.
 KINDS OF CONSTITUTION
A. AS TO THEIR FORM
 WRITTEN  UNWRITTEN
– ONE, WHICH HAS – ONE WHICH IS
BEEN GIVEN DEFINITE, ENTIRELY THE
WRITTEN FORM AT A PRODUCT OF
PECULIAR TIME, POLITICAL
USUALLY BY EVOLUTION,
CONSTITUTED CONSISTING LARGELY
AUTHORITY CALLED OF A MASS OF
“CONSTITUTIONAL CUSTOMS, USAGES,
CONVENTION.” AND JUDICIAL
DECISIONS.
 KINDS OF CONSTITUTION
A. AS TO THE MANNER OF AMENDING THEM
 RIGID OR INELASTIC  FLEXIBLE OR ELASTIC
– ONE REGARDED AS – ONE, WHICH
A DOCUMENT OF POSSESSES NO
SPECIAL SANCTITY, HIGHER LEGAL
WHICH CANNOT BE AUTHORITY THAN
AMENDED OR ORDINARY LAWS
ALTERED EXCEPT BY AND WHICH MAY BE,
SOME SPECIAL ALTERED IN THE SAME
MACHINERY MORE WAY AS OTHER LAWS.
CUMBROUS THAN
THE ORDINARY
LEGISLATIVE PROCESS.
 ADVANTAGES AND
DISADVANTAGES OF A WRITTEN
CONSTITUTION
ADVANTAGES DISADVANTAGES

 A WRITTEN  THE DISADVANTAGES

CONSTITUTION IS OF A WRITTEN
CLEAR AND CONSTITUTION LIES
DEFINITE. IN ITS DIFFICULTY TO
AMEND.
 REQUISITES OF A GOOD
WRITTEN CONSTITUTION
 AS TO FORM, A GOOD WRITTEN
CONSITUTION SHOULD BE:
◦ BRIEF
◦ BROAD
◦ DEFINITE
 AS TO CONTENT – SHOULD CONTAIN
ATLEAST THREE SETS OF PROVISIONS:
◦ CONSTITUTIONAL GOVERNMENT
◦ CONSTITUTION OF LIBERTY
◦ CONSTITUTION OF SOVEREIGNTY
 DISTINGUISING CONSTITUTITON
FROM STATUTE
1. A CONSTITUTION IS LEGISLATION DIRECT FROM
THE PEOPLE, WHILE STATUTE IS LEGISLATION FROM
PEOPLE’S REPRESENTATIVES.
2. A CONSTITUTION MERELY STATES THE GENERAL
FRAMEWORK OF THE LAW AND THE GOVERNMENT
WHILE A STATUTE PROVIDES THE DETAILS OF THE
SUBJECT OF WHICH IT TREATS.
3. A CONSTITUTION IS INTENDED NOT MERELY TO
MEET EXISTING CONDITIONS BUT TO GOVERN THE
FUTURE, WHILE A STATUTE IS INTENDED PRIMARILY
TO MEET EXISTING CONDITIONS ONLY.
4. A CONSTITUTION IS THE SUPREME FUNDAMENTAL
LAW OF THE STATE TO WHICH STATUTES AND ALL
OTHER LAWS MUST CONFORM.
KINDS OF CONSTITUTIONAL
PROVISIONS
A. SELF-EXECUTING PROVISION
– PROVISIONS WHICH DOES NOT
NEED ANY FURTHER ANY
LEGISLATIONS BY CONGRESS.
B. NON SELF-EXECUTING PROVISION
– PROVISIONS WHICH NEED
LEGISLATION BY CONGRESS TO
MAKE IT IMPLEMENTABLE.
 What are the
different
constitutions the
Philippines had?
1897 Constitution
- Philippines’ first constitution
- also called the Biak-na-Bato Constitution
- written by Isabelo Artacho and Felix Ferrer
- lasted only until General Aguinaldo and
Governor General Primo de Rivera signed
the Pact of Biak-na-Bato
- created in accordance with the
establishment of the Biak-na-Bato republic
- almost the same as the Cuban
Constitution of Jimaguayu
Malolos Constitution
- written by Felipe Calderon
- ratification and proclamation held at
Barasoain Church in Malolos
- created in accordance with the
establishment of the First Philippine
Republic, 1899.
- lasted until the Philippine-American
War
1935 Constitution
- written by Claro M. Recto
- created in accordance with the
establishment of the Commonwealth
Republic
- Tydings-Mcduffie Law of 1934 caused the
drafting of the 1935 constitution
- effectivity was halted during the
Japanese occupation but continued in
1946 until 1972
- constitution had to be approved by Pres.
Franklin Roosevelt
- ratification of constitution included
women for the first time
1943 Constitution
- created in accordance with the
establishment of the Second
Philippine Republic or Puppet
Republic
- Main purposes are :
1. To make Filipinos believe that they would be given
independence
2. To allow the Japanese to have more influence over
Philippine territory and resources
- lasted until the end of Japanese
occupation, 1945
 1973 Constitution
 - Main purposes before Martial Law:
1. To reflect genuine Philippine independence and
sovereignty
- Main purposes after Martial Law:
1. To change the present government to parliamentary
form
2. To give Marcos more power and postpone the
incoming 1973 elections
- 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
Freedom Constitution
- promulgated on March 25 1896
- 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