CONSTITUTION

The Fundamental LAW of the Land

 “The Filipino people are gifted
with a living Constitution.”

Fr. Joaquin G. Bernas, S.J.

Retrieved from http://justicepalmafoundation.org/2018/02/live-by-the-constitution/
 
 Definition

• is the organic and

fundamental law of the
State
 Definition
• Latin term “ CONSTITUO”
meaning ESTABLISHED, FIXED OR
DEFINED
 Definition
• is a body of rules and maxims
with which the power of the
sovereign are habitually
exercised

Part of a country's sovereignty


Basis of all the other laws in the land


Serves as a guide to the government in
making decisions
 Justice MALCOLM
• A 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 these
powers are distributed among the several
departments for the safe, and useful exercise
for the benefit of the body politic.
 Nature and Purpose
• It serves as the supreme and
fundamental law.

• It establishes the basic framework

and underlying principles of
government.
ESSENTIAL PARTS of a Good, Written
Constitution

• Constitution of LIBERTY
 ESSENTIAL PARTS of a Good, Written
Constitution

• Constitution of GOVERNMENT
 ESSENTIAL PARTS of a Good, Written
Constitution

• Constitution of SOVEREIGNTY
ESSENTIAL PARTS of a Good, Written
Constitution
REQUISITES of a Good, Written Constitution

•BROAD
•BRIEF
•DEFINITE
 HISTORY
• 1787 – USA
• 1791 – France
• 1812 - Philippines ( Cadiz
Constitution )
• 1917 – Mexico
• 1918 - Russia
HISTORY of the Philippine Constitution
• 1812 – Cadiz Constitution
• January 21, 1899 – Malolos
Constitution
• May 14, 1935 – 1935 Constitution
• January 17, 1973 – 1973 Constitution
• February 2, 1987 – 1987 Constitution
 Malolos Constitution
- written by Felipe Calderon
- ratification and proclamation held at
Barasoain Church in Malolos
- created in accordance with the establishment
of the First Philippine Republic, 1899.
- lasted until the Philippine-American War
The Salient Features:
• It is the first important Filipino document ever
produced by the people's representatives.
• It is anchored in democratic traditions that
ultimately had their roots in American soil.
• It created a Filipino state whose government
was "popular, representative and responsible"
with three distinct branches -- the executive,
the legislative and the judicial.
The Salient Features:
• It is specifically provided for safeguards against
abuses, and enumerated. the national and individual
rights not only of the Filipinos and of the aliens
• The legislative powers were exercised by the
Assembly of Representatives composed of delegates
elected according to law.
• To make the function of Congress continuous, the
document provided for a Permanent Commission
which would sit as a law-making body when
Congress was not in session.
The Salient Features:
• The assembly elected the President of the Republic.
• The Cabinet, composed of the Secretaries of the
different Departments of the government, was
responsible not to the President, but to the Assembly
• The administration of justice was vested in the
Supreme Court and in inferior courts to be established
according to law.
• The Chief Justice of the Supreme Court was to be
elected by the Assembly with the concurrence of the
President and the Cabinet.
 1935 Constitution
- written by Claro M. Recto
- created in accordance with the establishment
of the Commonwealth Republic
- Tydings-Mcduffie Law of 1934 caused the
drafting of the 1935 constitution
- effectivity was halted during the Japanese
occupation but continued in 1946 until 1972
- constitution had to be approved by Pres.
Franklin Roosevelt
- ratification of constitution included women
for the first time
The Salient Features:

• a bicameral legislature composed of a Senate and

House of Representatives;

• the President is to be elected to a four-year term

together with the Vice-President without re-election;

• rights of suffrage by male citizens of the Philippines

who are twenty-one years of age or over and can
read and write;
The Salient Features:

• extension of power right of suffrage to women within

two years after the adoption of the constitution; and

• provided the legal basis of the Commonwealth

Government which was considered a transition
government before the granting of the
Philippine independence with the American-inspired
constitution.
 1973 Constitution
• - Main purposes before Martial Law:
1. To reflect genuine Philippine independence and sovereignty
- Main purposes after Martial Law:
2. To change the present government to parliamentary form
3. To give Marcos more power and postpone the incoming
1973 elections
- ratification was done through citizen’s
assembly
- created in accordance with the declaration of
Martial Law and the New Society
- lasted until the People Power Revolution in
1986
The Salient Features:

• establishment of a modified parliamentary

government;
• suspension of the Bill of Rights;
• greater power of the Executive Department;
• promulgated after Marcos’ declaration of
martial law;
The Salient Features:

• was supposed to introduce a Parliamentary-style

government;
• legislative power was vested in a unicameral Nation
Assembly whose members were elected for six-year terms;
• the president was ideally elected as the symbolic and
purely ceremonial head of the state chosen from among
the members of the National Assembly for a six-year term
and could be re-elected to an unlimited number of terms;
and the President was not allowed to be a member of a
political party or hold any other office;
The Salient Features:

• was amended in 1980 and 1981:

The 1980 amendment was about the
retirement age of the members of judiciary
which was extended to 70 years.

The 1981 amendment was the false

parliamentary system formally modified into a
French-style semi-presidential system.
 Freedom Constitution
- promulgated on March 25 1986
- created in accordance with the establishment
of the Revolutionary Government of 1896
- only parts about human rights were retained
from the previous constitution
- served as a temporary/transitional
constitution
 1987 Constitution
- ratified February 2, 1987
- formulated by Constitutional Commission led
by Cecilia Munoz Palma
- pushed for the restoration of the presidential
government and protection of human rights
- Changes from previous constitutions:
1. Longer term but without reelection for president
2. Abolition of capital punishment
3. Party-list representation and creation of Sandigang Bayan
4. Creation of Human Rights Commission
5. Controlled power of president in declaring martial law
The Salient Features:

• reinstitution of democratic government;

• separation of church and state;
• sovereignty of the people;
• renunciation of war as a national policy;
• supremacy of civilian authority over the
military;
The Salient Features:

• separation of powers of the three branches of

the government;
• a result of the People Power Revolution;
• established a representative democracy with
powers divided among three separate and
independent branches of government
(EXECUTIVE, LEGISLATIVE, JUDICIAL);
The Salient Features:

• the executive branch is headed by the president and his

appointed cabinet; the legislative power is vested in a
congress which is divided into two houses, the Senate
and the House of Representatives; the court system of
the Philippines exercise the judicial power of the
government;
• integrated into the constitution a full of bill of rights; and
• establishment of the independent constitutional
commissions.
Constitution and Statute Compared
• Supreme law
• Comprehensive, • Subordinate law
inclusive of the past, • Contemporaneous
present and future
• Legislated to cope
• Relatively with the change in a
permanent society
• Author- People • Legislative Body
 What are the
different kinds of
laws made by the
government?
 National Laws
- implemented throughout the country
- drafted by the congress
- also called as Republic Acts
Examples of National Laws:
1. Tax Laws
2. Local Government Code
 •National Laws
- other laws implemented throughout the
country are the ff.:
1. International Laws
2. Laws coming from the President
3. Laws administered by the Supreme Court
 Ordinances
- passed by local government bodies in
provinces, towns, cities, etc.
- implemented in LGU’s because they are
important to the communities
Examples of Ordinances:
1. Change in street name
2. Color coding (esp. Metro Manila)
 Barangay Orders
- passed by Sangguniang Barangay
- implemented in barangays
- usually related to cleanliness, peace, and
order
Examples of Barangay Orders:
1. Prohibiting noisy vehicles
2. Designation of places where trash is thrown
WHY CONSTITUTION IS NECESSARY?
CONSTITUTION
CONSTITUTI BASIS HEAD RATIFICATION SALIENT FEATURES
ON WRITER DATE

Malolos  
Constitution

1935  
Constitution

1973  
Constitution

1987  
Constitution