1. What is Constitution?

Answer:

Comprehensive Definition: That body of rules and maxims in accordance with which the
powers of sovereignty are habitually exercised. (Cooley)
American sense: A constitution is a written instrument by which the fundamental powers
of government are established, limited, and defined and by which these powers are
distributed among several departments, for their more safe and useful exercise, for the
benefit of the body politic. (Justice Miller quoted by Bernas)
With particular reference to the Philippine Constitution: That written instrument enacted
by direct action of the people by which the fundamental powers of the government are
established, limited and defined, and by which those powers are distributed
among several departments for their safe and useful exercise for the benefit of the body
politic. (Malcolm, Philippine Constitutional Law, p. 6)

2. Classification of Constitution

Answer:

Classification of Constitutional Rights (Art. III)

 Political rights – those rights of the citizens which give them the power to participate,
directly or indirectly, in the establishment or administration of the government.
 Civil rights – those rights which the law will enforce at the instance of private individuals for
the purpose of securing to them the enjoyment of their means of livelihood.
 Social and economic rights – those rights which are intended to insure the well-being and
economic security of the individual
 Rights of the accused – those rights intended for the protection of a person who is accused
of any crime.

3. Purpose of Constitution

Answer:

To prescribe the permanent framework of a system of government, to assign to the several

departments their respective powers and duties, and to establish certain first principles on which
the government is founded.

Why would a society generally committed to majority rule choose to be governed by a document
that is difficult to change?

 To prevent tyranny of the majority

 Society’s attempt to protect itself from itself.
 Protecting long term values form short term passions.

4. Character of a good written Constitution

Answer:

 Broad – because it provides for the organization of the entire government and covers all
persons and things within the territory of the state and also because it must be
comprehensive enough to provide for every contingency.
 Brief – it must confine itself to basic principles to be implemented with legislative details
more adjustable to change and easier to amend
 Define – To prevent ambiguity in its provisions which could result in confusion and
divisiveness among the people.

5. PREAMBLE AND NATIONAL TERRITORY (MEMORIZE)

The 1987 Philippine Constitution

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, 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 1: 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.