COLLEGE OF ST.

JOHN – ROXAS
Member: Association of LASSAI- Accredited Superschools (ALAS)
Gov. Atila Balgos Avenue, Banica, Roxas City

LEARNER’S MODULE

READINGS IN PHILIPPINE HISTORY

Week 9
Learning Outcomes:

At the end of the course, the students should be able to:

1. Evaluate primary sources for their credibility, authenticity, and provenance;

2. Analyze the context, content and perspective of different kinds of primary sources;
3. Determine the contribution of different kinds of primary sources in understanding
Philippine History;
4. Develop critical and analytical skills with exposure to primary sources;
5. Demonstrate the ability to use primary sources to argue in favour or against a
particular issue; and,
6. Display the ability to work in a flexible learning environment.

TOPIC 2: Content and Contextual Analysis of Selected Primary Sources in Philippine

History

Learning Objectives:
At the end of the session, learners should be able to:
1. Explain the Constitution and its purpose;
2. Discuss the classification of the Constitution;
3. Explain basic concepts and principles of a Constitution; and,
4. Interpret the 1987 Constitution.
DISCUSSION:
I. POLITICAL LAW

A. Definition of Political Law

Branch of public law which deals with the organization

and operation of the governmental

B. Subdivisions of Political Law

1. Law of public administration

2. Constitutional law

3. Administrative law

4. Law of public corporations

C. Basis of Philippine Political Law

The principles of government and political law of the Philippines are fundamentally derived from
American jurisprudence. This condition was the inevitable outcome of the establishment of the
American rule in the Philippines. When Spain ceded the Phils. to the US, the Spanish Political laws
were automatically displaced by those of the US.4

II. CONSTITUTION
A. Definition of Constitution Comprehensive Definition: That body of rules and maxims in
accordance with which the powers of sovereignty are habitually exercised.5 (Cooley)
B. 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)
C. 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)

III.PURPOSE OF THE CONSTITUTION

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.9 (11 Am. Jur. 606 cited in Cruz)

IV. CLASSIFICATION OF A CONSTITUTION

A. (1) Rigid

(2) Flexible

B. (1) Written

(2) Unwritten

C. (1) Evolved
(2) Enacted

D. (1) Normative- adjusts to norms

(2) Nominal –not yet fully operationa

l (3) Semantic-perpetuation of power

The Constitution of the Philippines is written, conventional and rigid.

Rigid constitution is one that can be amended only by a formal and usually difficult process; while a
flexible constitution is one that can be changed by ordinary legislation. (Cruz, Constitutional Law p 5)

A written constitution is one whose precepts are embodied in one document or set of documents;
while an unwritten constitution consists of rules which have not been integrated into a single,
concrete form but are scattered in various sources, such as statues of a fundamental character,
judicial decisions, commentaries of publicists, customs and traditions, and certain common law
principles. (Cruz, Constitutional Law pp 4-5)

An enacted or conventional constitution is enacted, formally struck off at a definitive time and
place following a conscious or deliberate effort taken by a constituent body or ruler; while a
cumulative or evolved is the result of political evolution, not inaugurated at any specific time but
changing by accretion rather than by systematic method. (Cruz, Constitutional Law p 5)

V. Qualities of good written constitution

1. 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. (Cruz, Constitutional Law pp 5-6)

2. Brief- It must confine itself to basic principles to be implemented with legislative details more
adjustable to change and easier to amend. (Cruz, Constitutional Law pp 4-5) 17

3. Definite - To prevent ambiguity in its provisions which could result in confusion and divisiveness
among the people. (Cruz, Constitutional Law pp 4-5)

VI. Essential parts of a good written constitution

1. Constitution of government. - The series of provisions outlining the organization of the

government, enumerating its powers, laying down certain rules relative to its administration and
defining the electorate. (ex. Art VI, VII, VIII and IX)

2. Constitution of liberty. - The series of proscriptions setting forth the fundamental civil and
political rights of the citizens and imposing limitations on the powers of government as a means of
securing the enjoyment of those rights. (Ex. Article III)

3. Constitution of sovereignty - The provisions pointing out the mode or procedure in accordance
with which formal changes in the fundamental law may be brought about. (Ex. Art XVII)

VII. The 1987 Constitution

The 1987 Constitution is the 4 th fundamental law to govern the Philippines since it became
independent on July 4, 1946.
 Background of the 1987 Constitution
1. Proclamation of the Freedom Constitution
 a. Procalamation No. 1, February 25, 1986, announcing that she (Corazon Aquino) and VP
Laurel were assuming power.
b. Executive Order No.1, (Febrauary 28, 1986)
c. Proclamation No.3, March 25, 1986, announced the promulgation of the Provisional
(Freedom) Constitution, pending the drafting and ratification of a new Constitution. It adopted
certain provisions in the 1973 Constitution, contained additional articles on the executive
department, on government reorganization, and on existing laws. It also provided of the
calling of a Constitutional Commission to be composed of 30-50 members to draft a new
Constitution.

2. Adoption of the Constitution

a. Proclamation No. 9, creating the Constitutional Commission of 50 members.
b. Approval of the draft Constitution by the Constitutional Commission on October 15, 1986
c. Plebiscite held on February 2, 1987
d. Proclamation No. 58, proclaiming the ratification of the Constitution.

3. Effectivity of the 1987 Constitution: February 2, 1987

VIII. Features of 1987 Constitution

1. The new Constitution consists of 18 articles and is excessively long compared to the 1935 and
1973 constitutions.

2. The independence of the judiciary has been strengthened with new provisions for appointment
thereto and an increase in its authority, which now covers even political questions formerly beyond
its jurisdiction.

3. The Bill of Rights of the Commonwealth and Marcos constitutions has been considerably improved
in the 1987 Constitution and even bolstered with the creation of a Commission of Human Rights.

CONSTITUTIONAL LAW
A. Concept of Constitutional Law
 Constitutional law is a body of rules resulting from the interpretation by a high court of cases
in which the validity, in relation to the constitutional instrument, of some act of government…
has been challenged. (Bernas Commentary xxxviii)
 Constitutional law is a term used to designate the law embodied in the constitution and the
legal principles growing out of the interpretation and application made by courts of the
constitution in specific cases. (Sinco, Phil. Political Law)
 Constitutional law is the study of the maintenance of the proper balance between authority
represented by the three inherent powers of the State and liberty as guaranteed by the Bill of
Rights. (Cruz, Constitutional Law)
 Constitutional law consist not only of the constitution, but also of the cases decided by the
Supreme Court on constitutional grounds, i.e., every case where the ratio decidendi is based
on a constitutional provision. (Defensor-Santiago, Constitutional Law)

B. BASIC CONCEPTS
 Constitutionalism
 Philippine Constitutionalism
 Doctrine of Constitutional Supremacy
 Republicanism
 Principle of Separation of Powers
 System of Checks and Balances
 Judicial Review Due Process
A. Constitutionalism Constitutionalism refers to the position or practice that government be limited
by a constitution. The doctrine or system of government in which the governing power is limited by
enforceable rules of law, and concentration of power is limited by various checks and balances so
that the basic rights of individuals and groups are protected.

B. Philippine Constitutionalism - Constitutionalism in the Philippines, understood in the American

sense, dates back to the ratification of Treaty of Paris. Then it grew from a series of organic
documents. These are: (1) Pres. Mc Kinleys’ Instruction to the Second Phil. Commission, (2) Phil. Bill
of 1902, (3) Phil. Autonomy Act of 1916. (Bernas, Commentary xxxviii)

C. Doctrine of Constitutional Supremacy (2004 Bar Exam Question) If a law violates any norm of the
constitution, that law is null and void; it has no effect. (This is an overstatement, for a law held
unconstitutional is not always wholly a nullity) The American case of Marbury v. Madison laid down
the classic statement on constitutional supremacy” “It is a proposition too plain to be contested,
that the Constitution controls any legislative act repugnant to it.” Constitutional supremacy
produced judicial review.

D. Republicanism The essence of republicanism is representation and renovation, the selection by

the citizenry of a corps of public functionaries who derive the mandate from the people and act on
their behalf, serving for a limited period only, after which they are replaced or retained at the option
of their principal.

E. Principle of Separation of Powers

In essence, separation of powers means that legislation belongs to Congress, execution to the
executive, settlement of legal controversies to the judiciary. Each is prevented from invading the
domain of others. (Bernas, Commentary 656, 2003 ed.)

Division and Assignment. Its starting point is the assumption of the division of the functions of the
government into three distinct classes—the executive, the legislative and the judicial. Its essence
consists in the assignment of each class of functions to one of the three organs of government.

Theory. The theory is that “a power definitely assigned by the Constitution to one department can
neither be surrendered nor delegated by that department, nor vested by statute in another
department or agency.”

Reason. The underlying reason of this principle is the assumption that arbitrary rule and abuse of
authority would inevitably result from the concentration of the three powers of government in the
same person, body of persons or organ.

More specifically, according to Justice Laurel, the doctrine of separation of powers is intended to:

1. Secure action

2. To forestall overaction

3. To prevent despotism

4. To obtain efficiency

F. Checks and Balances

The Constitution fixes certain limits on the independence of each department. In order that these
limits may be observed, the Constitution gives each department certain powers by which it may
definitely restrain the other from exceeding their authority. A system of checks and balances is thus
formed.

To carry out the system of checks and balances, the Constitution provides:

1. The acts of the legislative department have to be presented to the executive for approval or
disapproval.

2. The executive department may veto the acts of the legislature if in its judgment they are not in
conformity with the Constitution or are detrimental to the interests of the people.

3. The courts are authorized to determine the validity of legislative measures or executive acts.

4. Through its pardoning power, the executive may modify or set aside the judgments of the courts.

5. The legislature may pass laws that in effect amend or completely revoke decisions of the courts if
in its judgment they are not in harmony with its intention or policy which is not contrary to the
Constitution.

6. President must obtain the concurrence of Congress to complete certain significant acts.

7. Money can be released from the treasury only by authority of Congress.

G. Judicial Review

Definition. Judicial review refers to the power of the courts to test the validity of governmental acts
in light of their conformity with a higher norm (e.g. the constitution).

Expression of Constitutional Supremacy.

Judicial review is not an assertion of superiority by the courts over the other departments, but
merely an expression of the supremacy o f the Constitution.

Constitutional supremacy produced judicial review, which in turn led to the accepted role of the
Court as “the ultimate interpreter o f the Constitution.”

Judicial Review in Philippine Constitution. Unlike the US Constitution which does not provide for the
exercise of judicial review b y their Supreme Court, the Philippine Constitution expressly recognizes
judicial review in Section 5 (2) (a) and (b) of Article VIII of the Constitution. (More discussion of
Judicial Review under Article VIII )

H. Due Process Origin:

 By the 39th chapter of the Magna Carta w rung by the barons from King John, the despot
promised that “no man shall be taken, imprisoned or disseize d or outlawed, or in any manner
destroyed; nor shall we go upon him, nor send him, but by the lawful judgment of his peers or
by the law of the land.” In 1335, King Ed ward III’ s Statute declared that “no man, of what
state or condition whoever be, shall be put out of his lands, or tenements, nor taken, nor
imprisoned, nor indicted, nor put to death, without he be brought in to answer by due process
of law.” It is this immortal phrase that has resounded through the centuries as the formidable
champion of life, liberty and property in all-freedom loving lands. (Cruz)
 Definition: Embodiment of the sporting idea of fair play. It is the responsiveness to the
supremacy of reason, obedience, to the dictates of justice.47 Due process is a guaranty
against arbitrariness on the part of the government. Observance of both substantive and
procedural rights is equally guaranteed by due process.