Th e

Po
P
l.Sc i.

CONSTITUTIO
h ilipN p in e
1 01 L e c tu re o n
 Introductio
n
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 “ whic

means CONSTITUO”
“fixed”, “established”, or h
“settled”
 Constitution
defined:
 “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,
Supreme US
Court
 Nature and
1.
Purposes
Serves as the
supremeor 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.
 Nature and
2.
Purposes
Establishes the basic
framework and underlying principles

of government.
Prescribes the permanent framework of
the system of government, and assigns
to the
different departmentor branches,
their respective powers anD duties. (

Art. I)

To establish certain basic


principles onwhichthe government is founded.
( Preamble, Art. I)
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 thanfrom
deliberate and formal enactment. ( e. g.English
Constitution)
 Typology of
Constitution
Constitution may be classified as follows:

2) As to form:

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,
 Typology of
Constitution
Constitution may be classified as follows:

3) 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) Flexibleor elastic—one whichpossesses no

higher legal authority thanordinary lawsand
which may be altered in thesame way as
other laws.
 The 1987 Philippine
Constitution is thus a
conventional/enacted, written,
and rigid/inelastic
constitution.
Pros and Cons of
a written
constitution
It has the advantage of clearness and
definiteness over an unwritten one. Since
the written constitution is a
binding document,
the rights of the citizen is more secured.

 Its disadvantage lies in the

difficultyof its amendment . This
prevents the immediate introductionof
needed reforms and may
thereby retard the healthy growth
and progress of the State.
 Requisites of a
good written

constitution
BRIEF: because if a constitutionis too
detailed, it would lose the advantage of a
fundamental law. It would never be
understood by the public.

 BROAD: because a statement of the

powers and functions of government,
and of the relations
between the governing body and the
governed,
requires that it be as comprehensive as
possible.

 DEFINITE: because otherwise the application of

Constitution of
the Republic of
the
1) The 1935
Philippines
Constitution
Ratified on May 14, 1935

Features: a) Established the

Commonwealth Government.

b) Provided a
Democratic and
Republican
government

c) Inclusion of
Constitution of
the Republic of
the
2) The 1973 Constitution
Philippines
Ratified on January 17, 1973

Features: a) Establishment of a modified

parliamentary

government.

b) Suspension of the
Bill of
Rights.

c)Has given greater

 Constitution of
the Republic of the
3)

T heh1i9l8i7pCpoinnst
P Ratified on February 2, 1987

Features: a) Reinstitution of a Democratic

ietustion
Government.
b)Separation of Church and State.
c) Sovereignty of the people.
d) Renunciation of war as a national policy.
e) Supremacy of Civilian authority over the
military.
f) Separation of Powers
 Preamble
 From Latin “preambulare”
which means“to walkbefore”.

 It is an introduction to the
main subject.

It is the prologue of the

Constitution.
Preamble: purpose
and value
 1) Setsdown the origin and
purposes of the
constitution.

 2) May serve as an aid in

its interpretation.

Note: The preamble has no

legal implications.
 Preamble
We, the sovereign Filipino people, imploring the
aid of Almighty God, in order to build a just and
humane society, and establish a Government that
shall embody our ideals and aspirations, promote
the common good, conserve and develop our
patrimony, and secure to ourselves and our
posterity, the blessings of independence and
democracy under the rule of law and a regime of
truth, justice, freedom, love, equality, and peace, do
ordain and promulgate this Constitution.
 Article I: National Territory
The national territory comprises the Philippine
archipelago, with all the islands and waters
embraced therein, and all other territories over
which the Philippines has sovereignty or jurisdiction,
consisting of its terrestrial, fluvial and aerial
domains, including its territorial sea, the seabed,
the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and
connecting the islands of the archipelago,
regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.
 ARTICLE II
DECLARATION OF
PRINCIPLES AND STATE
PRINCIPLES POLICIES
 Section 1. The Philippines is a democratic and republican
State. Sovereignty resides in the people and all government
authority emanates from them.

 Section 2. The Philippines renounces war as an

instrument of national policy, adopts the generally
accepted principles of international law as part of the law
of the land and adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with all nations.
 ARTICLE II
DECLARATION OF
PRINCIPLES AND STATE
POLICIES
 Section 3. Civilian authority is, at all times, supreme over
the military. The Armed Forces of the Philippines is the
protector of the people and the State. Its goal is to secure
the sovereignty of the State and the integrity of the national
territory.

 Section 4. The prime duty of the Government is to serve

and protect the people. The Government may call upon the
people to defend the State and, in the fulfillment thereof,
all citizens may be required, under conditions provided by
law, to render personal, military or civil service.
 ARTICLE II
DECLARATION OF PRINCIPLES
AND STATE POLICIES

 Section 5. The maintenance of peace

and order, the protection of life, liberty,
and property, and promotion of the
general welfare are essential for the
enjoyment by all the people of the
blessings of democracy.
 Section 6. The separation of Church
and State shall be inviolable.
 ARTICLE II
DECLARATION OF
PRINCIPLES AND STATE
STATE POLICIES POLICIES

 Section 7. The State shall pursue an independent

foreign policy. In its relations with other states, the
paramount consideration shall be national
sovereignty, territorial integrity, national interest,
and the right to self-determination.

 Section 8. The Philippines, consistent with the

national interest, adopts and pursues a policy of
freedom from nuclear weapons in its
territory.
 ARTICLE II
DECLARATION OF
PRINCIPLES AND STATE
 Section 12. The StatePOLICIES
recognizes the sanctity of family life
and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the life
of the mother and the life of the unborn from conception.
The natural and primary right and duty of parents in the
rearing of the youth for civic efficiency and the development
of moral character shall receive the support of the
Government.

 Section 13. The State recognizes the vital role of the youth
in nation-building and shall promote and protect their
physical, moral, spiritual, intellectual, and social well-being.
It shall inculcate in the youth patriotism and nationalism,
and encourage their involvement in public and civic affairs.
 ARTICLE II
DECLARATION OF
PRINCIPLES AND STATE
POLICIES
 Section 14. The State recognizes the role
of women in nation-building, and shall
ensure the fundamental equality before the
law of women and men.

 Section 25. The State shall ensure the

autonomy of local governments. (see Art.
X)
 Midterm Paper
Research on the issue of the Philippines- China dispute
over the Spratlys Island. Use the following rubric/format and
answer the following questions:
 Introduction ( historical background of the dispute,
claimant of the territory, location on the globe.)
 Discussions: how did the dispute began? What are the
reasons for the dispute? How did UN respond to the issue?
What are the Philippine government’s argument in claiming
some part of the island?
 Resolution: a) Recent developments.

b) What is your stand regarding this issue? Do

we continue to claim the territory even in the
provocation of a war?