2. Introduction
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.
3. 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 “ CONSTITUO” which
means “fixed”, “established”, or “settled”
4. Constitution defined:
“Constitutionis 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, US
Supreme Court
5. Nature and Purposes
1. Serves as the supreme or
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.
6. Nature and Purposes
2. Establishes the basic framework and
underlying principles of government.
Prescribes the permanent framework of the
system of government, and assigns to the
different department or branches, their respective
powers anD duties. (Art.I)
To establish certain basic principles on which the
government is founded. (Preamble, Art.I)
Designed to preserve and protect the rights of the
citizen against the Powers of the State. (Art III)
7. 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.
8. 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 than from
deliberate and formal enactment. (e.g. English
Constitution)
9. 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, and judicial decisions.
10. 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) 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.
11. The 1987 Philippine Constitution
is thus a conventional/enacted ,
written, and rigid/inelastic
constitution.
12. 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 difficulty of its
amendment. This prevents the immediate
introduction of needed reforms and may
thereby retard the healthy growth and
progress of the State.
13. Requisites of a good
written constitution
BRIEF: because if a constitution is 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 its
provision to concrete situations may prove unduly
difficult if not impossible.
14. Constitution of the
Republic of the
Philippines
1) The 1935 Constitution
Ratified on May 14, 1935
Features: a) Established the Commonwealth
Government.
b) Provided a Democratic and
Republican government
c) Inclusion of the Bill of Rights
15. Constitution of the
Republic of the
Philippines
2) The 1973 Constitution
Ratified on January 17, 1973
Features: a) Establishment of a modified
parliamentary government.
b) Suspension of the Bill of Rights.
c) Has given greater power to the
Executive Department.
16. Constitution of the
Republic of the
Philippines
3) The 1987 Constitution
Ratified on February 2, 1987
Features: a) Reinstitution of a Democratic
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
17. Preamble
FromLatin “preambulare” which
means “to walk before”.
Itis an introduction to the main
subject.
It is the prologue of the Constitution.
18. 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.
19. 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.
20. 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.
21. ARTICLE II
DECLARATION OF PRINCIPLES
AND STATE POLICIES
PRINCIPLES
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.
22. 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.
23. 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.
Section6. The separation of Church and
State shall be inviolable.
24. ARTICLE II
DECLARATION OF PRINCIPLES
AND STATE POLICIES
STATE 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.
25. ARTICLE II
DECLARATION OF PRINCIPLES
AND STATE POLICIES
Section 12. The State 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.
26. 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.
Section25. The State shall ensure the
autonomy of local governments. (see Art. X)
27. 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?
