BAPS 60-The

Philippine Constitution
GIL D. RAMOS, MAHisto
Kagawaran ng Agham Panlipunan at Humanidades
Kolehiyo ng mga Agham at Sining
kulay_1217@yahoo.com
 INTRODUCTION
The study of Political Law---

The study of the Philippine Constitution necessarily concerns the study of

Philippine Political Law which embraces the following:
• 1. Constitutional Law, which relates to the study of the fundamental rights
of individuals, the constitutional guarantees to such rights and the proper
limitations upon governmental powers and actions affecting such rights.
• 2. Administrative Law, which basically deals with the exercise of
executive powers in relations to private rights.
 INTRODUCTION
The study of Political Law---
• 3. Law on Public Administration, which refers to the organization and management of
different governmental organs.
• 4. Law on Public Corporations, which primarily concern the workings and
administration of local governments.
• Other laws covered by Political Law are the Law on Public Officers and Election Law
which fall under the category of Administrative Law. The Law on Public
Administration may likewise be considered as falling within the ambit of
Administrative Law. The basic rules of Political Law are found in the constitution.
 INTRODUCTION
The study of Political Law---
• Political Law, defined---
• Political Law is defined as that “branch of Public Law which deals with the
organization and creation of governmental organs of the States and defines the
relations of the State with the inhabitants of its territory.” The study of Political
Law therefore, is the study of the executive, legislative and judicial departments
of the government. There are, however, important constitutional bodies that are
likewise studied and they are the Commission on Elections, the Civil Service
Commission and the Commission on Audit (all independent bodies).
Principles of Government of pre-colonial era---

• Our forefathers were civilized people with a culture of their own.

• They believed in the Supreme Deity,
• they have their own alphabet, they engaged in commerce among themselves and even
with foreign countries
• they had a unit of government known as barangay headed by a datu, sultan or hadji.
• The ruler possessed executive, legislative, judicial and military powers.
• He was assisted by elder men in barangay who advised him on matters of government
including conduct of foreign relations and declaration of war.
Principles of Government of pre-colonial era---

• There were also also barangay federations under the authority

of superior chief like the Madya-as in Panay under Datu
Sumakwel, that of Central Luzon (?) under Rajah Lakandula,
and that of Cebu under Rajah Humabon.
• Thus, during the pre - Spanish era, the Pilipinos lived under a
regime of laws, both written and unwritten-the unwritten laws
consisted of the peoples’ traditions and customs.
 Principles of Government during the Spanish era---

• A unitary system of government was set up by Spain in the Philippines. It

was highly centralized and dictatorial in form. The country was ruled by
royal decrees through the Governor-General who represented the Crown
of Spain.
• The Philippines was divided into geographical units called provinces;
each province (city) was under the control of a functionary known up to
1886 as alcalde-mayor, and therefore called as civil governor.
 Principles of Government during the Spanish era---

• Although appointed by the home government, the head of

government exercise powers and functions defined not only by
home government but also by the Governor-General.
• The pueblo developed from the pre-colonial barangay as the
local unit of government. Each pueblo, was under a
gobernadorcillo or capitan. The gobernadorcillo was the
representative of the alcalde mayor in the pueblo.
 Principles of Government during the
Spanish era---
• Except for short periods, the Philippines was never
extended the benefits of the Spanish Constitution for it
was governed by special laws, decrees, instructions and
ordinances sent from Spain to the officials of the
country.
 Genesis of Philippine constitutionalism---

• It was the Treaty of Paris of December 10, 1898 which paved

the way for the introduction into our country of Political Law
principles followed in the United States, which principles were
preserved in the 1973 Constitution punctuated by some
principles of the parliamentary system and in the 1987
Constitution. Essentially our system of government is
presidential.
Genesis of Philippine constitutionalism---
• The Philippine constitutional development may be divided into five periods,
namely:
• The Revolutionary Period
• The American Period which includes the Commonwealth Period
• The Japanese Period
• The Republican Period and
• The Contemporary Period
 Genesis of Philippine constitutionalism---The Revolutionary
Period

• The first Pilipino government was established during the

Revolutionary Period by Gen. Emilio Aguinaldo on May
24, 1898. This was a dictatorial government but it was
short-lived because on June 12, 1898, Gen. Aguinaldo
proclaimed Philippine Independence in Kawit, Kabite and
set up the Revolutionary Government with him at the helm.
 Genesis of Philippine constitutionalism---
The Revolutionary Period---
• On September 15, 1898, the Members of the Congress of the
Revolutionary Government met at Barasoain Church in
Malolos, Bulacan, for the purpose of adopting a
Constitution. A Calderon Plan (Felipe) for the Constitution
was presented. This was approved by Gen. Aguinaldo on
December 23, 1898 and it was promulgated (disseminated)
on January 21, 1899.
 Genesis of Philippine constitutionalism---
The Malolos Constitution
• The Political Constitution of the Philippine Republic,
popularly know as the Malolos Constitution, provided
for the establishment of a Philippine Republic whose
government was popular, representative, and
responsible. The powers of government were vested in
three departments; the executive, the legislative, and the
judicial.
 Genesis of Philippine constitutionalism---
The Malolos Constitution
• The executive power was vested in the President of the Republic who
was to be elected by the Assembly of Representatives sitting as a
Constituent Assembly.
• The legislative power was vested in the unicameral assembly of
Representatives whose members were to be elected for a term of four
years. They were to represent not the locality which voted them in, but
the whole nation. The session, to begin on April 15 of each year, were to
last for three months.
 Genesis of Philippine constitutionalism---
The Malolos Constitution
• The judicial power was vested in the Supreme Court
and other courts to be established by laws.
• The Chief Justice was to be elected by the Assembly
of Representatives with the approval of the President of
the Republic and the Cabinet or Council of
Government.
Malolos Constitution vs. The Other Philippine Constitution---The
Revolutionary Period

• What distinguishes the Malolos Constitution from other constitution

is the supremacy of the legislative branch. (Calderon), who had a
mortal fear of the executive and the military around him who, he
thought, might abuse their powers, insisted on the wide legislative
powers in order to counteract those of the executive. Thus, the
Constitution provided for a permanent Commission, composed of
members of Congress, which during the recess of the congress,
assumed all powers of the same, with full authority to adopt
emergency measures.
Malolos Constitution vs. The Other Philippine Constitution---The
Revolutionary Period

• The Malolos Constitution based on the Calderon plan

was not enforced. It, however, most significantly
indicated the willingness and capacity of the Pilipino
people to respect the fundamental law.
 Genesis of Philippine constitutionalism--- The
American Period and the Commonwealth Period

• The United States acquired the Philippines from Spain not pursuant
to an express grant under the American Constitution but because of
the war and treaty-making powers of Congress of the United States.
• The Spanish government could validly transfer title over Philippine
territory because Spain acquired the Philippine Archipelago by
virtue of discovery and occupation for a period of over three
centuries.
 Genesis of Philippine constitutionalism--- The
American Period and the Commonwealth Period

• The acquisition of the Philippines by the United States

was contained in the Treaty of Paris which was signed
on December 10, 1898; it was ratified on February 6,
1899, and the exchange of ratification took place on
April 11, 1899.
 Genesis of Philippine constitutionalism--- The
American Period and the Commonwealth Period

• The United States established a military government. The United

States President then appointed General Wesley Meritt as the first
Military Governor.
• The Military rule lasted for three years and Gen. Arthur McArthur
was the last Military Governor.
• Two Commissions were appointed. The first Philippine Commission
was the Schurman Commission which was appointed on January
20, 1899.
Genesis of Philippine constitutionalism--- The
American Period and the Commonwealth Period

• The second Philippine Commission was appointed on March

16, 1900. It was known as the Taft Commission. It was
primarily designed to speed up the establishment of the civil
government in the Philippines. It was a rider in the General
Appropriation Act for the Army passed by the United States
Congress on March 1901 which opened the way for the
establishment of a civil government in the Philippines. The
rider was known as the Spooner Amendment.
 Genesis of Philippine constitutionalism--- The
American Period and the Commonwealth Period
• The passage of the Philippine Bill of 1902 began the exercise of
the complete authority of the United States Congress over the
Philippines.
• On October 16, 1907, the Philippine Assembly was
inaugurated. It constituted the Lower House with the Philippine
Commission of Taft as the Upper House. The period from
1907-1935 was a period of greater Pilipino participation in the
government.(???)
 Genesis of Philippine constitutionalism--- The
American Period and the Commonwealth Period
• On August 29, 1916, the United States Congress passed the
Jones Law which served as the Organic Act up to November
15, 1935.
• Under the Jones Law, the head of the Philippine Government
was a Governor-General who was appointed by the President of
the United States of America with the approval of the United
States Senate.
Genesis of Philippine constitutionalism--- The
American Period and the Commonwealth Period
• The Tydings-McDuffie Act of 1934 provided for the establishment of the
Commonwealth Government , inaugurated on November 15, 1935 and
likewise provided for the calling of a constitutional convention for the
drafting of the Philippine Constitution.
• The Tydings-McDuffie law provided that the United States shall proclaim
Philippine Independence on the fourth of July immediately following the
ten-year period from the inauguration of the Philippine Commonwealth.
Genesis of Philippine constitutionalism--- The
American Period and the Commonwealth Period
• During the American regime (even during the days of
Commonwealth) the Philippines was considered an
unincorporated territory of the United States. We were
not then American citizens but we were referred to as
American nationals because we owed allegiance to the
United States Government.
Genesis of Philippine constitutionalism--- The Japanese Period

• During the Japanese Occupation, our political laws

were suspended or held in abeyance.
• But municipal laws intended to preserve public order
and to regulate the social and commercial life of the
people were deemed continued and enforced during the
regime.
Genesis of Philippine constitutionalism--- The Japanese Period

• Thus, it was held that the tax laws were not political in
nature and were effective during the Japanese
occupation.
• The Philippine Constitution was not in force and
being a political law, was suspended during the
Japanese occupation
 Genesis of Philippine constitutionalism---
The Republican Period and the Contemporary

• The Republican Period may be considered to cover the period from July 4,
1946 (the proclamation of Philippine Independence) up to September 21,
1972, when Martial Law was declared.
• President Manuel A. Roxas was our last Commonwealth President and
first President of the Republic of the Philippines. Through the limited
resources of the nation, Roxas laid down the basis for Philippine
rehabilitation after her devastation in World War II.
 Genesis of Philippine constitutionalism---
The Republican Period and the Contemporary

• He was followed by Elpidio Quirino who adopted national development

plans. He was the first president to suspend the privilege of the writ of
habeas corpus. He was defeated by President Ramon Magsaysay whose
jingle “for democracy will die kung wala si Magsaysay” captured the
hearts of millions.
• After the untimely death of Magsaysay who restored peace and order in
the republic, Carlos Garcia took over. Garcia enunciated the “Pilipino
First Policy”
 Genesis of Philippine constitutionalism---
The Republican Period and the Contemporary

• He was followed by Diosdado Macapagal who initiated

honest-to-goodness efforts towards land reform.
• It was under Macapagal that the Land Reform Code was
enacted.
• It was also during his term that the former July 04 date of
Philippine Independence was reverted back to June 12.
 Genesis of Philippine constitutionalism---
The Republican Period and the Contemporary
 Genesis of Philippine constitutionalism---
The Republican Period and the Contemporary

• Macapagal’s reelection was thwarted by the election of Ferdinand

Marcos who was the first President to be re-elected and the first
Chief Executive to declare Martial Law in the Philippines.
• It was during the period of Martial Law that a New Constitution
of the Philippines (1973) was adopted on November 30, 1972 and
allegedly ratified by barangay assemblies on January 17, 1973.
 Constitution defined---

• (Judge Cooley), a constitution is a body of rules and maxims in

accordance with which the powers and sovereignty are habitually
exercised.
• It is also referred to as “highest expression of law’ or “a form of
government delineated by the mighty hand of people in which certain
just principles of fundamental laws are established”, or a charted
creating the government” or “a supreme law” or the fundamental of the
State, or a means of compelling legislative action.”
 Constitution distinguished from a statute---

• A constitution differs from a statute in that a statute

must provide, at least a certain degree, the details of
the subject of which it treats whereas a constitution
usually states a general principles and builds the
substantial foundation and general framework of
the law and government.
 Constitution distinguished from a statute---

• Statutes are enactments and rules for the government of civil conduct,
promulgated by the legislative authority of the State. It is an important
characteristic of such laws that they are tentative, occasional, and in the
nature of temporary expedients. Constitutions, on the other hand, are
expressions of the sovereign will in relation to the structure of
government, the extent and distribution of its powers, the modes
and principles of its operation, and the apparatus of checks and
balances proper to ensure its integrity and continued existence.
 Constitution distinguished from a
statute---
• Constitutions are primary, being commands of the
sovereign establishing the governmental machine and
the most general rules for its operation.
• Statutes are secondary, being commands of the
sovereign having reference to the exigencies of time
and place resulting from the ordinary working of the
machine.
 Kinds of Constitution---
as to origin and history

• a. conventional or enacted. A constitution which is enacted by a constituent assembly

or granted by a monarch to his subject
•  i.e. Japanese Constitution of 1899
•  b. cumulative or evolved. One which is a product of growth and development over
an ion-- period of time originating from customs, traditions and judicial decisions rather
than from a deliberate and formal enactment.
•  i.e. British Constitution
• 
 Kinds of Constitution---
as to their form
•a. written.
•One which has been given a specific definite format at a particular time and usually a product of a
specifically constituted authority called a constitutional convention whose members are chosen by the
people.
•   i.e. The Philippine Constitution
• b. unwritten.
•One which is entirely the product of evolution, consisting largely of a mass of customs, traditions,
usages, and judicial decisions and a smaller body of statutory enactment of a fundamental character
usually bearing different dates
• i.e. English/ British Constitution is unwritten in the sense that it is not codified in a single document
• 
 Kinds of Constitution---
as to manner of amending them
• a. rigid or inelastic.
• One which is regarded as a document of special sanctity which cannot be amended or altered except by some
special machinery more extensive than the ordinary legislative process
•  b. flexible or elastic.
• Constitution which possesses no higher legal authority than ordinary laws and which may be altered in the
same way as the other laws
•   The 1987 Philippine Constitution may be classified as conventional, or enacted, written, and
rigid or inelastic. It was drafted by an appointive body called the Constitutional Commission.
•  
Advantages and Disadvantages of a Written
Constitution---
• A written constitution has the advantage of clearness and definiteness over the
unwritten one.
• Since it is prepared with great care and deliberation, such a constitution cannot be
easily bent or twisted by the legislature or by the courts, to meet the temporary
fancies of the moment.
• Hence, the protection it affords and the rights it guarantees are apt to be more secure.
Moreover, it is more stable and free from all dangers of temporary popular passion.
•  
Advantages and Disadvantages of a Written
Constitution---
• The disadvantage is in the difficulty of its amendment
which prevents the immediate introduction of needed
changes and may thereby retard the healthy growth and
progress of the state.
 Requisites of a Good Written Constitution

• As to form, a good written constitution should be:

•  1. Brief. This means that the details of the structure and organization
should no longer be included in the text. If the constitution is too detailed,
it would lose the advantage of fundamental law which in a few provisions
outlines the structure of the government of the whole state and the rights
of the citizens. It would probably be hardly understood by the public and
to cover many future contingencies, needs amendments once in a while.
Requisites of a Good Written Constitution

• 2. Broad. A statement of the powers and functions of

government, and of the relations between the governing
body and the governed requires that it be
comprehensive (large in scope or content).
Requisites of a Good Written Constitution

• 3. Definite. This means that the statement of principles underlying the

essential features should not contain ambiguous expressions (double
meaning). Otherwise the application of its provisions to concrete
situations may prove unduly difficult if not impossible.
• Any vagueness which may lead to opposing interpretations of essential
features may cause incalculable harm. Civil war and the disruption of the
state may conceivably follow from ambiguous expressions in a
constitution.
Requisites of a Good Written Constitution

• 4. Flexible. A constitution should continuously adapt

itself to the changing conditions of the time.
 Methods used for Amending Written
Constitution
• 1. by convention
•  2. legislative action only
•  3. legislative action and submission to the people
•  4. legislative action and reference to a number of local government bodies for
• approval
•  5. by popular initiative without the interposition of either the legislature or a
• convention
Self executing provisions of the constitution---

• A constitutional provision is self-executing if no legislation is necessary to

give effect to it, and if there is nothing to be done by the legislature to
put it into operation (Implementing Rules and Regulations)
• A constitutional provision may be self-executing in part and not so in
other part. And even in the case of a constitutional provision which is self-
executing, the legislature may enact legislation to facilitate the exercise of
the powers directly granted by the Constitution.
 Parts of the constitution---

• The Preamble (which is not an indispensable part of the Constitution;

therefore, it can be dispensed with).
• The Bill of Rights and other provisions granting political and civil rights
which is referred to by authors as the constitution of liberty.
• The provisions on the organization and distribution of powers of the
Government to which authors refer to as constitution of government; and
• The provisions on the procedure for amending the constitution.
 Aims or purposes of the constitution---

• To prescribe the permanent framework of government

• To assign to the various departments their respective powers
and duties
• To establish fix first principles upon which the government is
founded or based; and
• To promote the public welfare
 Some observations---

• A constitution does not resolve all policy problems; rather it

establishes the framework of government
• The Constitution states general rules and maxims in accordance
with which the powers of sovereignty are habitually exercised,
rather than particular and specific direction for the manners and
occasion of the exercise of that authority.
 Some observations---
• The basic purpose of a written constitution, first, the securing to
the people of certain unchangeable rights and remedies, and
second, the curtailment of unrestricted governmental activity
within certain defined limits.
• The aims of the constitution may also be seen from the
Preamble, an introductory paragraph of a written constitution.
Constitutional convention vs. revolutionary convention---

• A constitutional convention is a body assembled for the express

purpose of framing a constitution, or revising the existing constitution,
or formulating amendments to it. It comes into being and functions in
accordance with law.
• The revolutionary convention on the other hand, acts in contravention
to existing law, either uprooting legally established institutions or
merely enacting amendments to the constitution in existence.
 The adoption of the 1935 Constitution---

• The Constitutional Convention met in Manila on July 30, 1934. It

was composed of two hundred two delegates elected from all parts of
the Philippines. the meeting place of the Convention was in the
convention hall of the old Philippine Legislature. The inaugural
session was called to order by Senate President Manuel L. Quezon
and it was organized with the election of Claro M. Recto as President
Ruperto Montinola and Teodoro Sandiko as Vice-Presidents.
The adoption of the 1935 Constitution---

• A Committee of Seven prepared the necessary rules and

the Committee on sponsorship (the largest committee)
drafted the whole Constitution.
• It was on October 20, 1934 that the draft of the
Philippine Constitution was submitted to the
Convention for approval.
 The adoption of the 1935 Constitution---
• The Philippine Constitution was finally approved on February 8, 1935. One
hundred seventy seven delegates (177) voted in favor of the constitution and
one delegate from Lanao voted against it.
• The President of the United States, Franklin D. Roosevelt, approved the
Philippine Constitution on March 23, 1935.
• May 14, 1935 marked the date of ratification of the Philippine
Constitution with one million two hundred thousand (1.2) voting in favor of
it and only forty five thousand voting against it (45)
 The need for a new constitutional convention (The 1973 Philippine
Constitution); Republic Act 6132, the 1971 Constitutional Convention Act---

• a Joint Resolution of the Congress called for the convening of

a constitutional convention, the delegates to which were to be
elected from various districts of the Philippines. To implement
the resolution, the Congress passed Republic Act 6132, known
as the 1971 Constitutional Convention Act, that, in addition to
the provisions of the Revised Election Code and Republic Act
3588, governed the conduct of the election of delegates to the
1971 Constitutional Convention.
 The need for a new constitutional convention (The
1973 Philippine Constitution); Republic Act 6132, the
1971 Constitutional Convention Act---
 The need for a new constitutional convention (The
1973 Philippine Constitution); Republic Act 6132, the
1971 Constitutional Convention Act---
• There were 2599 candidates for 320 delegate
seats.
• The elections were held November 10, 1970,
practically all the winning candidates were
known the public.
 1971 Constitutional Convention---

• The 1971 Constitutional Convention was inaugurated on June 1,

1971. But as early as December, 1970, a number of delegates
led by Carlos Garcia, Napoleon Rama, Teopisto Guingona, Jose
Mari Velez, Sonia Aldeguer, Jesus Barrera, and Jose Nolledo,
met at Casino Espanol for a number of times to lay down
guidelines under which the convention might proceed.
•  
 1971 Constitutional Convention---
• The Delegates appointed a Committee on Rules that would
draft the rules of the Convention. The Committee chaired by
Decoroso Rosales was composed of more than 60 members.
Later it appointed a sub-committee on Rules that prepared the
rules of the Convention which were followed even in a state of
Martial Law until November 30, 1972 when almost 300
hundred delegated signed the Constitution.
 1971 Constitutional Convention---

• It was claimed to be ratified by barangay assemblies

as per Presidential Proclamation on January 17, 1973.
However, the validity of the ratification was
questioned in the Supreme Court and a divided
Supreme Court dismissed the petition thereby leading
to the judicial pronouncement that there was no longer
any judicial obstacle to the New Constitution taking
effect.
• The 1971 Constitutional Convention was marred by payola scandal---
•
• In an emotional speech in plenary session, delegate Eduardo Quintero
of Leyte, revealed that the 1971 Constitutional Convention was marred by
payola scandal.
 The Freedom Constitution of Aquino’s revolutionary
government---

• The leadership of President Corazon Aquino was

recognized through extra ordinary and extra-legal
as well as extra-constitutional circumstances after
the snap election the deposed dictator Ferdinand
Marcos hastily called in the expectation that the
people would give him a new mandate.
 The Freedom Constitution of Aquino’s revolutionary
government---

• People after the EDSA Revolution elevated Corazon Aquino to

the presidency. She issued on March 24, 1986, Proclamation
No. 3entitled “Declaring a National Policy To Implement the
Reforms Mandated by the People, Protecting their Basic Rights,
, Adopting a Provisional Constitution, and Providing for an
Orderly Transition to a Government Under a New Constitution
(Provisional Constitution).
 The Freedom Constitution of Aquino’s revolutionary
government---

• The said Constitution (Freedom Constitution), while it reproduced

many provision of the 1973 Marcos Constitution especially the Bill of
Rights where civilian authority was declared supreme over the
military authority was proclaimed in defiance of the 1973
Constitution. It qualified to a great degree the true nature of a
revolutionary government. It was a temporary government but it was
revolutionary in the sense that it was brought about by a peaceful
revolution.
 The Freedom Constitution of Aquino’s revolutionary
government---

• It was not despotic or militaristic as a revolutionary

government was expected to be because it adhered to
certain basic constitutional principles as were embodied in
the Freedom Constitution. The President exercised
legislative and executive powers with the judiciary
remaining intact in accordance with the Freedom
Constitution.
 The 1987 Philippine Constitution---

• The 1987 Constitution was drafted by a Constitutional

Commission created under Article V of Proclamation no.3
issued on March 25, 1986 which promulgated the Provisional
Constitution or Freedom constitution following the installation
of a revolutionary government through a direct exercise of the
power of the Filipino people (February 1986 EDSA Revolution).
• 
 The 1987 Philippine Constitution---

• Under this proclamation, the Constitutional

Commission “shall be composed of not more than
fifty national, regional, and sectoral representatives
who shall be appointed by President Corazon
Aquino. Justice Cecilia Munoz Palma as its
president headed the commission.
 The 1987 Philippine Constitution---

• Eventually, the constitutional body was made up

only of forty-eight members, forty two male and
six women. An opposition appointee withdrawn
and the President’s offer to submit a nominee to
the Iglesia ni Kristo was turned down.
 The 1987 Philippine Constitution---

• The Commission convened on June 2, 1986 at the Batasang

Pambansa Bldg. in Diliman, Quezon City. In addition to
committee discussions, public hearing, and plenary sessions,
public consultations in different parts of the country were held.
Working drafts include the1898 Malolos Constitution, the 1935
Constitution and the 1973 Constitution.
• 
 The 1987 Philippine Constitution---

• The 109 page draft Constitution was approved by the

Constitutional Commission on October 12, 1986. It
superseded the provisional constitution and
eventually abrogated the Constitution of 1973. It was
overwhelmingly ratified by the Filipino people and
took effect on February 2, 1987.
 Chapter II – The 1987 Philippine Constitution---
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, promote the
common good, conserve and develop our patrimony, and to secure to
ourselves and posterity the blessings of independence and democracy
under the rule of low and a regime of truth, justice, freedom, love,
equality, and peace, do ordain and promulgate this constitution.
 
 Chapter II – The 1987 Philippine Constitution---Nature of Preamble

• “A Preamble is not a part of the Constitution as it

“walks before it” (Corwin, The Constitution, 12 Ed.,
p.1). (While) The Preamble is not a source of rights
for by itself alone, it cannot be a basis for governmental
power or private right (Jacobson vs. Mass, 197 U.S.
11), it fulfills two fundamental ends:
Chapter II – The 1987 Philippine Constitution---

• 1) It identifies the sovereign power that ordains the

Constitution; and
• 2) It lays down the great and higher purposes and aims
for which the Constitution was ordained.
 Content of a Typical Preamble
 

• 1) Name of author/authors (the preamble, should name

unequivocally, the authority that makes the constitution
and expresses its will therein.
• 2) Principles and objectives for which the basic law is
intended to carry out (purpose)
• 3) For whom the constitution is binding.
 A Preamble
• A Preamble may characterize the people of the country for which the
Constitution is intended. The Constitution of Poland, for example, gives
brief history of its people “ under the leadership of the heroic working
class.”
• A Preamble may show the peoples’ belief in God as in the case of our
Constitution ‘imploring the aid of Almighty God.”
• It may be short or long. Ours is only a short paragraph. Japanese and
Indonesian’s are one page long. The Republic of China has two pages.
An analysis of the Preamble as now worded by the 1986 Constitutional Commission---

• To make it quite personal and more direct, instead

of the words imploring the aid of Divine
Providence, The Pilipino people, in ordaining and
promulgating the Constitution, now invoke the aid
of “Almighty God”
•  
It does not only aim to establish a government as purpose but it also aims
to build a just and humane society (a Rene V. Sarmiento amendment).

• The provisions of the Constitution on social justice,

human rights, family and people’s organizations among
others are designed to make our own society just and
humane in all its aspects. Thus, it is claimed that the
1987 Philippine Constitution is pro-poor and pro-
people.
•  
• The Declaration of Principles and State Policies
(Article II) of our new Constitution is replete with
provisions that contemplate a community
grounded on justice and love as well as respect for
human personality.
•  
• The provisions on family life, social justice, role of
women, role of the youth, protection of workers, the
need or human liberation and development, promotion
and protection of health, maintenance of a balanced
and healthful ecology and others are meant to make
the Pilipino community happy and prosperous.
• The Government shall embody not only the people’s ideals
(principles we believed in and which we feel must be retained)
but also their aspirations (are dreams we long for , and
realization of these dreams must be brought about by
appropriate political, and social environment) which are dreams
to be realized (Jose Nolledo amendment).
• 
• The government aims to promote the common good,
not merely the general welfare. The welfare of every
Pilipino , wherever he may be and however poor he
may be is the concern of the State. The Government
exists to promote the welfare of every Pilipino, “sa
ikabubuti ng lahat, rather than “sa ikabubuti ng
nakararami”.
• “Our Patrimony” are the words used in our
Preamble, rather than “their patrimony” to make
our claim over patrimony of the Nation more
emphatic and assertive (Nolledo amendment).
•  
 The Preamble aims to “secure to ourselves and our
posterity the blessings of independence and democracy
under the rule of law and a regime of truth,
• justice, freedom, love, equality and peace.” In a democracy,
the rule of rule prevails. A real democracy is not under a rule
of men nor under a rule of guns. Our commitment to
democratic principles and to the rule of law compels us to
reject the view which reduce law to nothing but the
expression of the will of the predominant power in the
community.”
Why the regime of truth? The actuations of public officials must not be hidden from the public eye. Transparency in government may compel public officials to adhere to the truth.
 

• How did “love” find its way into the Preamble?

• In the midst of animosities, hatred and conflicts among several
sectors in society or among several sectors in society or among
political parties or factions thereof, the need to inculcate love
in our people and our public officials has become urgent.
• 
The patrimony of the nation, what it covers---

• The patrimony of the Nation that should be conserved

and developed refers not only to our rich natural
resources but also to the cultural heritage of our race. It
also refers to our intelligence in arts, sciences and
letters. Therefore, we should develop not only our
lands, forests, mines and other natural resources but
also the mental ability or faculty of our people.
 Preamble shows our people’s religious nature---

• When the Pilipino people implored the “aid of divine

Providence” in promulgating and ordaining the
Constitution, they thereby manifested their intense religious
nature and place unfaltering reliance upon Him, who guides
the destinies of men and nations. The elevating influence of
religion in human society is recognized here and elsewhere.
 Article I – The National Territory

• The national territory comprises the Philippine archipelago, with all

the islands and waters embraced therein, and all other territories over
which the Philippines has sovereignty and jurisdiction, consisting of
its terrestrial, fluvial, and aerial domain, including its territorial sea,
the seabed, the subsoil, the insular shelves, and other submarine
areas. The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions form part of
the internal waters of the Philippines.
The old definition of territory; the changes effected in the 1973 Constitution and by the 1987
Philippine Constitution---

• All territory ceded to the United States by the Treaty of Paris

concluded between the United States and Spain on December
1898;
• All islands embraced in the Treaty concluded in Washington
between the United States and Spain on November 7, 1900; and
these islands refer to Cagayan, Sulu, and Sibutu group which
were omitted in the Treaty of Paris;
• All the islands embraced in the Treaty concluded between the United
States and Great Britain on January 2, 1930 and these were the Turtle
Islands and the Mangsee group; and
• All other territory over which the present Government of the Philippines
exercises jurisdiction.
• Batanes Islands which lie outside of the boundaries included in the Treaty
of Paris over which the Philippines has asserted title by virtue of its
occupation and possession
 The definition in the 1973 Constitution contained---

• Reference to the Philippine archipelago as comprising the national

territory, and the word “archipelago” was used to project the
archipelagic principle which the Philippines together with Indonesia
has been espousing in International Conference on the Law of the Sea.
• Reference to specific areas within the jurisdiction and sovereignty of
the Philippines thus the use of the words territorial sea, air space,
subsoil, seabed, insular shelves, and other submarine areas.
All other territories over which the Philippines has sovereignty or jurisdiction

• a. territorial sea
• Part of the sea extending twelve (12) nautical miles (19km) into the sea
from the low-water mark and also called as marginal/ marine belt or the
marginal sea. The United Nations Convention on the law of the Sea
(UNCLOS) which was signed on December 10, 1982 gives coastal states
like the Philippines rights to explore natural resources and perform
economic activities within a distance of 200 miles from the low water
mark of the state.
b. Seabed (sea floor or sea bottom)
Refers to the land that holds the sea, lying beyond the
seashore, including mineral and natural resources.
 
• c. Sub-soil
• Soil below the surface soil, including the mineral and natural resources.
• d. Insular shelves
• The submerged portions of the continent of offshore island, the outer
edges of which sink considerably until the great ocean depths are reached.
• e. Other submarine areas
• All areas under the territorial sea.
• The statement that “all the other territories belonging to the
Philippines by historic right or legal title” opened the avenue
to the pursuit of our claims over Sabah, Freedomland, and
Marianas Islands. The term “historic right” may well refer to
the Treaty of Paris and other historic treaties that defined
our territory.
•  
 Purposes of definition of territory---

• The purposes of defining our national territory are:

1) to fix our territorial jurisdiction for purposes of
future conflicts with other nations; 2) to enable our
people to know their territorial home; 3) to protect our
territorial integrity and make it difficult for any portion
of our territory to secede.
 Territory-
The territory of the state refers to that portion of a globe
within which the people establish their abode and make a living.

• Political science does not prescribe any kind (quality) and size of
territory in order to qualify for statehood, as long as there is piece of
territory sufficient enough to sustain the livelihood of the people. The
territory of the state might be as small and barren similar to the
territory of India and Pakistan, or as large and fertile as that of the
United States or the former Soviet Union, but such qualities are not
necessary in the creation of the state although the same is important
for power potential. There can be no such thing as a wandering state.  
 A state territory is consists of:

• A. Land.
• The land domain of the state refers to the land surface
where the people establish their abode and make a living.
The entire land surface referred to is owned by and under
the jurisdiction of the state.
• 
• B. Waters. The term “waters” refer to the maritime of
fluvial domain of the state. These waters owned by the
state are of two kinds: the internal or national waters
and the external or territorial waters (foreign vessels
usually enjoy the “right if innocent passage”).
 a.

Internal or National Waters. The internal or national waters are

those waters which are within the territorial limits or boundaries
of the state; they may be rivers, lakes, gulfs, bays, straits and
canals.
• I. Rivers.
• Ordinarily, rivers are part and parcel of the territory of the state. They can be
classified as national rivers – those which are completely within the territory of
one state, that is from the source to their mouth; boundary rivers – those that
separate two states; multi-national rivers – those that run through several states,
and international rivers – those that pass along several states and flow into the
open sea, and so each state owns that portion of the river that passes through its
territory.
• 
 II. Lakes. A lake is a body of water entirely enclosed by
the land of one and the same state

•
III. Gulfs. A gulf is a part of an ocean or a sea that extends into the land.
 

•IV. Bays. A bay is a bending or curving of the shore of the sea or of a lake, so as
to form a more or less enclosed body of water. It is also known as a small gulf.
• V. Straits. A strait is a narrow passageway connecting two large bodies of water.
• VI. Canals. Canals are artificially constructed waterways, i.e. the Suez Canal, the
Panama Canal.
• 
• b. External Water. The external waters of the state refer to
the territorial sea, which is synonymously called territorial
waters, marine belt, or maritime zone. It may be defined as
that portion of the sea beginning from the low water mark up
to twelve (12) miles toward the sea (originally 3 nautical
miles since the cannon bullet only reach that far during the
early time).
• There are two methods of determining the starting point of
territorial sea of the state. One is the normal baseline method
– wherein the twelve miles is reckoned from the low water
mark, a portion along the shores where lands sprout during low
tide. Another is the straight baseline (instead of a curve line
which follows the sinuosity/ winding of the coast) which is
drawn after connecting certain appropriate points of the coast.
The archipelago doctrine is a principle advocated by the Philippines and
other archipelagic states that provides that the strict application of the
twelve-mile principle to the Philippines situation is unrealistic and therefore
unacceptable.

• The cited reason is that there are waters or seas connecting together
the islands of the archipelago that are far greater than twelve nautical
miles. Thus, if the twelve-mile limit is applied to the Philippines and
other archipelagic states, there will be portions of such waters or seas
that will be part of the open sea or high seas. Hence, foreign vessels
can navigate along those sea areas without the consent or permission
of the concerned government which is dangerous to the national
security of the state concern.
• Archipelago. Sea or other expanse of water
having many scattered islands. An archipelago
state is one which is composed of a group of
islands that must be considered as a single
national unit instead of being fragmented and
therefore separate from each other
• Open Sea. Outside the territorial waters of all states lies the open sea,
synonymously called as high seas. The open sea does not belong to
any state, and is therefore an international waters over which all
foreign vessels are free to pass through without hindrance from any
other state. As such anybody has the freedom to navigate, catch fish,
install cable wires and pipelines and fly aircraft over the said areas.
 
• c. Air. The aerial domain of the state consists of the air above its lands,
national waters and territorial seas. Over this span of the atmosphere, the
state exercises rights of dominion and jurisdiction.
• Beyond the airspace lies the outer space, which is not under the
sovereign ownership and jurisdiction of any state. It is the counterpart of
the open sea.