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THE PHILIPPINE CONSTITUTION

CONSTITUTION DEFINED
The fundamental law of a state which organizes the government by distributing , regulating and limiting legislative, executive and judicial powers, guarantees individual rights and freedoms and prescribes the manner of the exercise of sovereign powers

State – a COMMUNITY OF PERSONS more or less numerous, permanently occupying a definite portion of TERRITORY possessing an organized GOVERNMENT and enjoying SOVEREIGNTY

Government – totality of authorities which rule a society by prescribing and carrying out the fundamental rules which regulate the freedom of its members. Legislative, executive and judiciary

NATURE OF THE CONSTITUTION
The charter creating the government
Speaks for the entire people from who it derives its claim to obedience
Binding on all individual citizens and all organs of the government
Law to which other laws must conform
The test of the legality of all governmental action

CONSTITUTION VS STATUTES
A constitution is a legislation direct from the people, while a statute is a legislation from the people’s representatives.
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
A constitution is intended not merely to meet existing conditions but to govern the future, while a statute is intended primarily to meet existing condition only.
A constitution is the supreme or fundamental law of the state to which statutes and all other laws must conform

PURPOSE OF THE CONSTITUTION

To prescribe the permanent framework of the system of the government

To preserve and protect the rights of individuals against the arbitrary actions of those in authority.

KINDS OF CONSTITUTION

As to origin and history
1. Conventional – enacted by the constituent assembly
2. Cumulative – a product of growth or long period of development originating in customs, traditions, judicial decisions rather than from a deliberate and formal enactment

As to the form
1. Written – which has been given definite written form at a particular time, usually by a specially constituted authority called constitutional convention
2. Unwritten – the product of political evolution consisting largely of a mass of customs, usages and judicial decisions together with a smaller body of statutory enactments of a fundamental character

As to manner of amending
1. Rigid or inelastic – cannot be amended or altered except by some special machinery
2. Flexible or Elastic – possess no higher legal authority than ordinary laws and which maybe altered in the same way as other laws

ESSENTIAL PARTS OF THE CONSTITUTION
1. Constitution of Government – establishes the main branches of the government, define their powers and assigns them to the said branch
2. Constitution of Liberty – lays down the individual’s basic rights and freedom which are a protective shield against the abuses of government
3. Constitution of Sovereignty – provides the process for the exercise of people’s sovereign power to approve, amend or revise the Constitution

TRANSITION, AMENDMENTS AND REVISIONS

THE GOVERNMENT IN PHIL. TRANSITION
Pre-Colonial Government
1. Monarchial Government – headed by a Datu who was the Chief Executive, Law-Giver, Chief Justice and Military Head Laws were promulgated by the datus and were consisted of customs and traditions which has been passed down from generation to generation.
THE GOVERNMENT IN PHIL. TRANSITION
1. Spanish Period
Centralized Government
Union of the Church and the State
Legislation – Council of Indies to Council of Ministers to Ministry of Ultramar
Representative in Spanish Cortes
Executive, Legislative and Judicial powers rested with the Governor-General
Revolutionary Period
1. Katipunan Government
a. Supreme Council
b. Provincial Council
c. Popular Council
d. Judicial Council
2. Biak-na-Bato Republic
a. Constitution: declared separation of the Philippines from Spanish Monarch and the formation into an independent state

3. Dictatorial Government (1898)
a. Proclamation of Independence Day (June 12) and reorganization of local government
4. Revolutionary Government
a. Decree: Struggle for the Independence of the Philippines until all nations expressly recognize it
b. Decree: To prepare the country for the establishment of a real Republic

The First Philippine Republic
1. Malolos Constitution
a. Established a free and independent Philippine Republic

American Regime
1. Military Government (1898-1901)
a. All powers of government were delegated to the Military-Governor
2. Civil Government (1901-1935)
a. Philippine Legislature – Philippine Commission and Philippine Assembly
b. Resident Commissioners in US Congress

Commonwealth Government
Republican in form and presidential in type
a. Legislative Power
+ Unicameral - National Assembly
+ Bicameral – Senate and House of Representatives
b. Judicial Power
+ Supreme Court and Inferior courts
+1935 Constitution

Japanese Occupation
+ Japanese Military Administration: sovereignty of the US over the Phil was declared terminated
+ Philippine Executive Commission
+ Acted as the executive and legislative arm
+ Judicial Power
+ Remained to the Supreme Court and Inferior courts
+ Japanese-sponsored Republic of the Philippines
+ Ultimate source of authority was the Japanese Military Authority Republic of the Philippines
+ Proclamation of Independence Day –July 4
+ Inauguration of the Republic of the Philippines
+ Ratification of the 1973 Constitution (PN1102)
+ Parliamentary form of government
+ Establishment of Fourth Republic of the Philippines
+ Installed modified parliamentary system of government

Amendment – envisages a change of only specific provisions

Revision – involves rewriting of the whole constitution

Amendatory Provisions (Art XVII)
Through the Congress, upon a vote of ¾ of all its members or a Constitutional Convention
Through people’s initiative upon a petition of at least 12% of the total registered voters, of which every legislative district must be represented by at least 3% of the registered voters therein. No amendment under this section shall be authorized within 5 years following the ratification nor often than once every 5 years thereafter
Ratified by majority votes in a plebiscite not earlier than 60 days but not later than 90 days after the approval of such amendment or revision

1935 Constitution
Approved by US Pres. Roosevelt
Ratified by Filipino voters on May 14, 1935
Sources: US Constitution, Malolos Constitution, Instruction of Pres. McKinley to the Second Philippine Commission (April 7, 1900), Philippine Bill of July 1, 1902 and the Jones Law of August 26, 1916
Established a republican form of government, included the Bill of Rights and contained provisions defining the relations between the Philippines and the United States

1935 Constitution
Amendments:
Establishing a bicameral legislature
Allowing the reeligibility of the President and Vice-President for a second four-year term of office
Creating a separate Commission on Elections
Parity Amendment
Right of Suffrage to Women

1973 Constitution
Approved by Citizen Assembly
Ratified on January 17, 1973 as declared by Proclamation No. 1102
Source: 1935 Constitution and Malolos Constitution
Amendments:
Making the incumbent President the regular President and regular Prime Minister
Establishing modified parliamentary form of government
Permitting natural born citizens who have lost their citizenship to be transferee of private land for use of them as residence
Allowing the grant of lands of the public domain to qualified citizens
Providing for urban land reform and social housing program

1987 Constitution
Approved by Constitutional Commission
Ratified by the people on February 2, 1987
Source: Malolos Constitution, 1935 Constitution and 1973 Constitution
Principles in the New Constitution
Recognition of the Aid of Almighty God (Preamble)
Sovereignty of the People (Art II, Sec 1)
Renunciation of War as an instrument of national policy (Art II, Sec 2)
Supremacy of civilian authority over the military (Art II Sec 3)

Principles in the New Constitution
Separation of Church and State (Art II, Sec 6)
Recognition of the importance of family as a basic social institution and of the vital role of the youth in nation-building (Art II, Sec 12, 13; Art XV)
Guarantee of Human Rights (Art III)
Government through Suffrage (Art V Sec 1)
Separation of Powers (Art VI Sec 1)
Independence of the Judiciary (Art VIII Sec 1)
Guarantee of Local Autonomy ( Art X Sec 2)

Principles in the New Constitution
High sense of public service morality and accountability of public officers (Art XI Sec 1)
Nationalization of natural resources and certain private enterprises affected with public interest (Art XII, Sec 2, 3 , 17, 18)
Non-suability of the State (Art XII Sec 16)
Rule of the Majority
Majority vote, 2/3 majority votes, ¾ of all its members
Government of laws and not of men
Exercise of government power
Observance of the law
Significance of the principle

THE PREAMBLE

Preambulare (Latin)– to walk before
An introduction to the main subject
Cannot be invoked as a source of private right enforceable by the courts or of any governmental power
Importance:
Sets down origin and purpose of the Constitution
May serves as an aid in its interpretation

THE 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, converse 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.

Purpose:
To build a just and humane society
To establish a Government that shall
embody our ideals and aspirations
promote the common good
converse and develop our patrimony
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