1987 Constitution

Presented by:
Jayson Gonsales
Harold Rulloda
 What is constitution?
 A constitution is a system for government, codified as a written document,
which contains fundamental laws and principles. It usually contains
fundamental political principles, and establishes the structure, procedures,
powers and duties, of a government.

 The Constitution of the Philippines is the supreme law of the Philippines. The
Constitution currently in effect was enacted in 1987, during the
administration of President Corazon C. Aquino, and is popularly known as the
"1987 Constitution―. Philippine constitutional law experts recognize three
other previous constitutions as having effectively governed the country —
the935 Commonwealth Constitution, the 1973 Constitution, and the 1986
Freedom Constitution. Constitutions for the Philippines were also drafted and
adopted during the short-lived governments of Presidents Emilio Aguinaldo
(1898)and José P. Laurel (1943).
Nature and purpose of Constitution
 1. It serves as the supreme or fundamental law.
 2. It establishes basic framework and underlying principles of government.

Constitutional Law
 Itis defined as the branch of public law which deals with constitution: their
nature, formation, amendment, and interpretation.
 Itis 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.
 Body of law derived from countrys written constitution. It laysdown and
guides the duties and powers of the government,and the duties and rights of
its citizens and residents.
 Kind of Constitution
1. As to their 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
than from deliberate and formal enactment. (e.g. English Constitution)

2. As to their form
c. 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”
d. Unwritten Constitution—one which is entirely a product of political evolution,
consisting largely of a mass of customs, usages, and judicial decisions.
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. Flexible or elastic —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.
Constitution distinguished from Statute
 1. Constitution is a legislation direct from the people
 2. Constitution merely states the general framework of the law
 3. Constitution is intended not merely to meet existing conditions but to
govern the future
 4. Constitution is the supreme or fundamental law
 Statute
 1. Is a legislation from the people’s representatives.
 2. It provides the details of the subject of which it treats
 3. Is intended primarily to meet existing conditions only
 4. Statute conforms to Constitution.
Preamble of the 1987 Constitution
 The Preamble reads:
“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 secureto ourselves and our posterity, the blessings of
independence anddemocracy under the rule of law and a regime of truth,
justice, freedom, love, equality, and peace, do ordain and promulgate this
Constitution.
 Preamble From Latin “preambulare” which means “to walk before”. It is an
introduction to the main subject. It is the prologue of the Constitution.

Preamble: purpose and value

 1) Sets down the origin and purposes of the constitution.
 2)May serve as an aid in its interpretation. Note: The preamble has no legal
implications.
Significant features of the 1987
Constitution
 The Constitution establishes the Philippines as a "democratic and republican
State", where "sovereignty resides in the people and all government authority
emanates from them". (Section 1, Article II) Consistent with the doctrine of
separation of powers, the powers of the national government are exercised in
main by three branches —the executive branch headed by the President, the
legislative branch composed of Congress and the judicial branch with the
Supreme Court occupying the highest tier of the judiciary.

Section 1. Article 2. The Philippines is a

democratic and republican State. Sovereignty
resides in the people and all government
authority emanates from them.
 Freedom Constitution (1987)
1987 Constitution of the Philippines

 Freedom Constitution (1987) 1987 Constitution of the Philippines Following

the EDSA People Power Revolution that removed President Ferdinand E.
Marcos from office, the new President, Corazon C. Aquino issued
Proclamation No. 3 as a provisional constitution. It adopted certain provisions
from the 1973 constitution and granted the President broad powers to
reorganize the government and remove officials from office, and mandated
that the president would appoint a commission to draft a new constitution.