CONSTITUTION I

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 to 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 regime of truth, justice, freedom, love, equality, and peace, do
ordain and promulgate this constitution.
The function of the Preamble in the constitution?
It sets down the origin, scope, and purpose of the Constitution, it is useful as an aid in
ascertaining the meaning of confusing provisions in the body of the Constitution.
CONSTITUTION LAW – Supreme law of the land
A study of maintenance of the proper balance between gov’t authority as represented by the
3 branches of the government and liberty of the people guaranteed by the bill of rights.
Governmental power and people’s liberty.
CONSTITUTION – definition use by Malcom
A Constitution is the written instrument enacted by the direct action of the people by which the
fundamental powers of the state/ the government are established, limited, and defined, and
by which those powers are distributed among the several departments for their safe and useful
exercise for the benefit of the body politic.
A constitution is the rule book for a state. It sets out the fundamental principles by which the
state is governed. It describes the main institutions of the state and defines the relationship
between these institutions (for example, between the executive, legislature, and
judiciary). It also places limits on the exercise of power and sets out the rights and duties of
citizens. deals with the fundamental principles by which the government exercises its authority
A constitution is a legal and coded document. It is a written document that provides power
to different legal bodies. It provides limited government. It is the guardian of the rights of
people. It is divided the powers between the legislature, executive, and judiciary.
Private Law – deals with the relationship between individuals. (e.g. Civil Law)
Public Law – Deals with the relationship between government and the citizen. (e.g.
Constitutional law, administrative law, municipal law, public officer law, and election
law.

3 Branches of Government
Executive Branch – Law enforcing body

The Executive branch is composed of the President and the Vice President who are elected
by direct popular vote and serve a term of six years. The Constitution grants the President
authority to appoint his Cabinet. These departments form a large portion of the country.
The executive branch is headed by the President who functions as both the head of state and
the head of government. The president is also the Commander-in-Chief of the Armed Forces
of the Philippines. The president is elected by popular vote to a term of six years. The
president, then, appoints (and may dismiss) his/her cabinet members whom he/she presides
over. The executive seat of government is administered officially from Malacañang Palace—
also the president’s official residence—in Manila. The President may no longer run for re-
election unless he/she becomes president through constitutional succession and has served
for no more than four years as president.

The second highest official, the vice-president is first in line to succession should the president
resign, be impeached, or die in office. The vice-president is usually, though not always, maybe
a member of the president's cabinet. If there is a vacancy in the position of Vice President, the
President will appoint any member of Congress (usually a party member) as the new Vice
President. The appointment will be validated by a three-fourths vote of Congress voting
separately.

Legislative Branch – Law-making body

The Legislative branch is authorized to make laws, alter, and repeal them through the power
vested in the Philippine Congress. This institution is divided into the Senate and the House of
Representatives.

The remainder of the House seats are designated for sectoral representatives elected at large
through a complex "party list" system, hinging on the party receiving at least 2% to 6% of the
national vote total. The upper house is in Pasay City, while the lower house is located in
Quezon City. The district and sectoral representatives are elected for a term of three years.
They can be re-elected but they are no longer eligible to run for a fourth consecutive term. The
senators are elected to a term of six years. They can be re-elected but they are no longer
eligible to run for a third consecutive term. The House of Representatives may opt to pass a
resolution for a vacancy of a legislative seat that will pave way for a special election. The
winner of the special election will serve the unfinished term of the previous district
representative; this will be considered as one elective term. The same rule applies in the
Senate however it only applies if the seat is vacated before a regular legislative election.

Judiciary Branch- The law interpreting body

The Judicial branch holds the power to settle controversies involving legally demandable and
enforceable rights. This branch determines whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part and instrumentality of the
government. It is made up of a Supreme Court and lower courts.

The judiciary branch of the government is headed by the Supreme Court, which has a Chief
Justice as its head and 14 Associate Justices, all appointed by the president on the
recommendation of the Judicial and Bar Council. Other court types of courts, of varying
jurisdiction around the archipelago, are the:

Essential Part of the constitution

Constitution of Liberty

Constitution of Government
Constitution of Sovereignty.

BILL OF RIGHTS

What is the Bill of Rights?

The Bill of Rights contains the civil and political rights of an individual and the government.
This set of rights imposes a limitation on the government’s powers. (e.g. police power, eminent
domain, and taxation). These rights may only be invoked against the government and not
against private individuals.

It is a fundamental characteristic of a republican system.

Purpose of Bill of Rights
Article III of the Philippine Constitution is the Bill of Rights. 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. It is one of the most important political achievements of the Filipinos.
It is a declaration and enumeration of a person’s rights and privileges which the Constitution
is designed to protect against violations by the government, by an individual, or groups of
individuals. It is a character of liberties for the individual and a limitation upon the power of the
State.
Significance of Bill of Rights
Government has great power. When power is uncontrolled, it turns into tyranny, which is the
brutal exercise of authority. The Bill of Rights guarantees that the government may not infringe
on certain aspects of a person's life, liberty, and property.
What is the purpose of the Declaration of State & Policies?
1. Memorize Preamble
2. Define Constitution
3. Enumerate the 3 Branches of Government & discuss their functions
4. What is the purpose of the Bill of Rights
5. What is the purpose of the Declaration of State & Policies

6. Memorize definition of Judicial Power

7. Memorize Section 1 of Article 8