Name: De Leon, Danica Sortillo

Course and Year: BSEd- CTE 1-B

TASK SHEET #02 (Philippine Constitution)

A. Answer the following:
1. Why is a constitution considered as “the highest expression of the law”?

A constitution is defined as the fundamental law of a nation or state. It is the

constitution that establishes the character and basic principles of the government. The
system that runs the government is often codified in this written document, which forms
the fundamental rules and principles by which an organization is managed. It is these same
principles that make clear the rights of the individual and creates limitations to
government power.

2. How is a constitution made? What processes does it undergo before being ratified?
The Constitution provides that an amendment may be proposed either by the Congress with a
two-thirds majority vote in both the House of Representatives and the Senate or by a
constitutional convention called for by two-thirds of the State legislatures.

3. The separation of Church and State became a topic of debate in drafting of the Malolos Republic
Constitution. In your opinion, why was this issue controversial at that time?

In my opinion, the separation of church and state became a rather controversial topic in the
drafting of the Malolos Constitution because, let’s just say that some of the officials present
there probably couldn’t even imagine the said separation. I mean, when we were still under the
Spanish colonial government, there was no separation of the Catholic Church and the
government, and since they colonized us for 333 years-a very long time-the Filipinos just got
used to this system and didn’t open their minds to the opposite possibility.

4. The Bill of Rights is a major article throughout the different constitutions of the country. Why is it
necessary?

It establishes the relationship of the individual to the State and defines the rights of the
individual by limiting the lawful powers of the State
B. Complete the table below to compare and contrast the constitutions framed in the country.
Form of Ratifying/Promulgati Length of Distinctive
Government ng Body Effectivity Features

Biak-na-Bato *The first

Constitution presidential and
vice presidential
elections in
philippine
history were
held.
November 1, *The constitution
Revolutionary Tejeros Government 1897- of Biak-na-Bato
Republic Central Executive December 14, was never fully
Committee 1897 implemented and
was overtaken by
the pack of
biak-na-bato
between the
spanish and the
philippine
Revolutionary
Army.
Malolos *The basic law of
Republic the first
Constitution philippine
republic was
created during
the fight for the
philippines
January, 23, independence
Unitary Malolos Congress 1899 - from spanish.
semi-presidential March 23, 1901
*the first
constitutional
republic republican
constitution in
asia. It declared
that sovereignty
resides
exclusively in the
people, stated
basic civil rights,
separated the
church and state
and called for the
creation of an
assembly of
representatives to
act as the
legislative body.
1935 Constitution *The
commonwealth
November 15, constitution was
Presidential 1935 -
ratified to
Commonwealth July 4, 1946
prepare the
1934 Constitutional July 4, 1946- country for its
Unitary Convention January 16, independence.
presidential 1973 This constitution
Constitutional was dominantly
Republic influenced by the
Americans but
possesses the
traces of
Malolos'
constitution, the
German,
Spanish, and
Mexican
constitution,
constitution of
several South
American
countries and the
unwritten English
constitution.

Second
Republic
Constitution
Single party Preparatory Committee October 14,
Authoritarian for Philippines 1943- August 17,
Republic Independence 1945
 1973 Constitution

1987 Constitution

C. After the toppling of the Marcos dictatorship, the framers of the 1987 Constitution put in place certain
provisions to prevent repeating the tyranny and horrors experienced during the martial law era from 1972
to 1983. On May 23, 2017, Pres. Duterte declared martial law over the whole Mindanao.

Read official reports and documents on the issue and write an essay answering the following:
- What martial law safeguards were provided in the 1987 Constitution? Why or why not? - Do
you think the basis for the declaration of martial law in Mindanao was sufficient? - Were all
provisions followed and exercised in the declaration? Why or why not?
- In your opinion, which provisions should be revised, removed or added to strengthen the check-and
balance mechanism when martial law is imposed? Justify your answer.

ANSWER:
Throughout the Martial Law period, Marcos built up the cult of September ... The Senator
said he had received a top-secret military plan given by Marcos. Today, the 1987
Constitution safeguards our institutions from a repeat
The President's main point of declaring Martial Law in Mindanao was the Marawi Siege.
Due to the high escalation of local rebels' alliances with International terrorist
Organizations, the ISIS to be exact and the unforseen attack and the long war and siege of
the Muslim City, The president declared martial law as to establish military strongholds
in the ARMM Region to prevent terrorists escaping and entering the warzone. These
details are sufficient enough to trigger an emergency authoritarian action to be given to
the president to quicken action and prevent further conflict from both parties.
At least in the U.S., in view of the Constitution, there is no necessity for change or
improvement, IMO. I realize that this opinion is probably looking at society through
rose-colored glasses.

In certain situations, our leaders have imposed “martial law" or something very similar to
martial law. Some of our Presidents have - or attempted to - restrict or abrogate certain
Constitutionally protected rights. Yet most, if not all of these, were temporary measures
without the intent to make them permanent. The two most prominent examples are
Lincoln's suspension of the writ of habeas corpus and Truman's seizure of steel mills.

Basically, I think, it comes down to trust. Do we trust those we elect with the exercise of
the power we give them and to heed the spirit and letter of the Constitution? In answering
that, one has to take into account the character and values of the leader, be it a President,
governor, mayor, or a military officer (or law enforcement chief). Ultimately, it comes
down to us: “we the People.”