Philippine Constitution

Learning Objectives:
• Define Constitution

• Explain the nature and purpose of constitution

• Differentiate the kinds of constitution

• Discuss the advantages and disadvantages of a constitution

Definition of Constitution

• Constitution is the fundamental law of the land. It refers to the body of

rules and principles which the powers of sovereignty are regularly
exercised.
Nature and Purpose of Constitution

• It serves as the supreme law of the land.

• It establishes the basic framework and underlying principles of

government.
Kind of Constitution
According to how it is created:
• Conventional or enacted – a constitution which is enacted by a constituent
assembly or granted by a monarch to his/her subjects
• Cumulative or evolved – This is a constitution that is a product of the
evolution of society and usually originates in the tradition, customs and
judicial decisions.

According to Form
• Rigid or Inelastic – Constitution that cannot be amended or revised except
in the manner provided for in the constitution
• Flexible or Elastic – a constitution that can be amended or revised in the
same way as the ordinary laws are amended or repealed.
Advantages and Disadvantages of a
written constitution
• It is clear and definite.
• It can be read just like an ordinary book.
• It is accessible.
• It cannot be amended or revised without the necessary requirements
stipulated in the constitution.
• Amendment and revision of the constitution can only be effected on
exceptional procedures
Distinction between a Constitution and a
Statute
Constitution
• It is a legislation submitted to the people.
• It states the framework of the law and the government
• It is intended not only to meet existing conditions but to address future
conditions
• It is the supreme fundamental law of the land.
Statute
• A legislation from the people’s representative.
• It provides the details of the subject of which it treats.
• It is intended to meet existing conditions.
• Statutes and other laws must conform
The Constitution of the Republic of the
Philippines

• The 1898 Constitution

• The constitution was promulgated under the watch of Pres. Emilio
Aguinaldo
• It is patterned to that of Mexico, Cuba and other colonies of Spain
• It was created under the revolutionary government of Aguinaldo
• The constitution did not specifically invoke the principles of checks and
balances among the branches of government
• The 1935 Constitution
• It was drafted by Filipino representatives
• Enacted by the US Congress
• Approved by the US congress
• It was created under a constitutional convention
• Ratified by the Filipino electorate
• The constitution did not contain the original ideas of the government
• Dominated by the US Constitution
• It was amended three (3) times
• Amendments of the 1935 Constitution
• Established a bicameral legislature ratified by the Filipino electorate
• The constitution did not contain the original ideas of the government
• Dominated by the US Constitution
• It was amended three (3) times
• Allowed the re-eligibility of the president and vice-president to seek a
second term in office
• Created a separate Commission on Elections
• Inserted the Parity Amendment
• The 1973 Constitution
• It was proposed by the 1971 Constitutional Convention
• Ratified by the “Citizen’s Assemblies”
• Was promulgated under martial law
• It introduced a parliamentary form of government
• It granted unlimited reelection of the President
• The president holds a tremendous power
• Amendments of the 1973 Constitution
• Made the incumbent president as both the president and prime minister
• Gave the president the power to legislate
• Permitted natural-born citizens who have lost their citizenship to be
transferees of private land for use by them as residence
• Public lands were granted to qualified citizens
• It provided for the urban land reform and social housing program
• The 1987 Constitution
• It was called the “freedom constitution”
• It was drafted by a constitutional commission appointed by the
president of the Philippines
• It was ratified by the Filipino people
• The president was given limited power to impose martial law
• It was consistent with the doctrine of separation of powers and the
principles of checks and balances
Thank you!