History: June 24, 1571

Philippine Constitution
and
Government

History and Evolution of Philippine Constitution

1. Biak na Bato Constitution - enacted in 1897. it outlined the
revolutionary objectives of independence from Spain.
2. Malolos Constitution New government was set-up with
executive, legislative and judiciary branches. It governed the first
Philippine Republic proclaimed in the Barasoain church in the same
year.
3. Tydings-Mcduffie Act (1934) considered the first Philippine
Constitution to be fully enforced during the Commonwealth Period.
4. 1943 Constitution a short-lived constitution sponsored by the
Japanese invaders within their own program of Japanization.
5. 1973 Constitution - was approved for ratification after for two
months after the imposition of the martial law on November 29,
1972.
6. 1987 constitution (Freedom Constitution promulgated by the
new
government
led
by
President
Corazon
Aquino.
(http://www.pinoysites.org/jcm/item/12/)

Why Study Philippine Constitution?

The Philippines is a democratic and republican
State. Sovereignty resides in the people and
all government authority emanates from
them. (1987 Constitution, Article II, Section
1)
Section 3. (1) All educational institutions shall
include the study of the Constitution as part of
the curricula. (1987 Constitution, Article XIV,
Section 3.1)

What is Constitution?
- refers to the body of rules and principles
in accordance with which the powers of
sovereignty are regularly exercised

The Constitution of the Philippines

- written instrument by which the fundamental
powers of the government are established,
limited, and defined and by which these
powers are distributed among the several
departments or branches for their safe and
useful exercise for the benefit of the people.

Nature and Purpose of

the Constitution

A constitution is the charter creating the

government. It has the status of a supreme
or fundamental law as it speaks for the entire
people from whom it derives its claim to
obedience.

The purpose of a constitution is to prescribe

the permanent framework of the system of
government and to assign to the different
departments or branches, their respective
powers and duties, and to establish certain
basic principles on which the government is
founded.

Outstanding Features and Principles

1. Recognition of the Aid of Almighty God;
2. Sovereignty of the people (Art. II, Sec. 1)
3. Renunciation of war and as an instrument of national policy (Art.II, Sec. 2)
4. Supremacy of civilian authority over the military (Art. II, Sec.3)
5. Separation of church and State (Art. II, Sec. 6)
6. Recognition of the importance of the family as a basic social institution and of the
vital role of the youth in nation-building (Art.II, Secs. 12,13; Art. XV)
7. Guarantee of Human rights (Art.III, Secs. 1-22)
8. Government through suffrage (Art. V, Sec. 1)
9. Separation of Powers (Art. VI, Sec. 1)
10. Independence of the Judiciary (Art. VIII, Sec. I)
11. Guarantee of local Autonomy (Art.X, Sec. 2)
12. High Sense of public service morality and accountability of public officers (Art. XI,
Sec. 1)
13. Nationalization of natural resources and certain private enterprises affected with
public interest (Art. XVI, Sec. 3)
14. Non-suability of the State (Art. XVI, Sec. 3)
15. Rule of the Majority;
16. Government of laws and not of men.

Kinds of Constitution
1. As to their origin and history
Conventional or enacted One which is enacted by a constituent
assembly or granted by a monarch to his subjects like the
Constitution of Japan in 1889.
Cumulative or evolved the product of growth or a long period if
development originating in customs, traditions, judicial decisions
rather than deliberate and formal enactment.
2. As to their form:
Written one which has been given a definite written form at a
particular time, usually by a specifically constituted authority
called a constitutional convention;
Unwritten entirely the product of political evolution, consisting
largely of a mass of customs, usages and judicial decisions
together with a smaller body of statutory enactments of a
fundamental character, usually bearing different dates.

3. As to manner of amending it:

Rigid or inelastic regarded as document of

special sanctity which cannot be amended or
altered except by some special machinery
more cumbrous than ordinary legislative
process;

Flexible or elastic one which possesses no

higher legal authority than ordinary laws and
which may be altered in the same way as
other laws.

The Philippine Constitution is

classified as conventional, written
and rigid. It was drafted by an
appointive
body
called
Constitutional Commission.

Advantages and Disadvantages of a

written constitution.
1. It has an advantage of clearness
and definiteness because it is
prepared with great care and
deliberation;
2. Its disadvantage lies with
difficulty of its amendment.

the

Requisites of
constitution:
1. Brief
2. Broad
3. Definite
4. Contents

good

written

Constitution distinguished from the State:

Constitution
Statute
Legislation
direct Legislation from
from the people
peoples
representatives

the

Merely states the

general
framework
of the law and the
government

Provides the details of

the subject of which it
treats;

Intended not only to

meet
existing
conditions but to
govern the future

Statute
is
intended
primarily
to
meet
existing
conditions
only;

Supreme
or Statutes must conform
fundamental law of to the constitution.
the land of the State

Carpe Diem!