Political Science 2F

Module I
The Philippine Constitution: An Introduction

Scope of the Module

This module consists of three lessons, namely:
Lesson 1. Meaning of Constitution, Classification, Concept and Purpose,
Implementation, Distinction from Statute
Lesson 2. The Philippine Constitution: Its History and Sources
Lesson 3. The Philippine Constitution: Characteristics and Basic Principles

Overview of the Module

This initial module is purely for introductory purposes. It takes you back to your early
studies of the Constitution while in high school, but this time in a more extended way. It
tells you first of Constitutions in general, their nature, purposes; the kinds of
Constitutions and how they differ from statutes. It also discusses the development of
Constitutionalism in the Philippines from the pre-Spanish times up to the enactment of
the present Constitution. Finally, it explains the characteristics and the underlying
principles of the 1987 Philippine Constitution.

Objectives of the Module

After completing this module, you will be able to:
1. define what a Constitution is and to classify the kinds of constitutions;
2. give the importance of a Constitution individually to a citizen and collectively
to the nation;
3. discuss the merits and demerits of the present Constitution, in form and
substance; and
4. trace the development of the Philippine Constitution.

A copy of the 1987 Constitution of the Republic of the Philippines may be

viewed at or downloaded from http://www.gov.ph/constitutions/the-
1987-constitution-of-the-republic-of-the-philippines/

Political Science 2F – Philippine Government and the New Constitution

1
Political Science 2F
Module I
Lesson 1. MEANING, CLASSIFICATION, NATURE AND PURPOSES, AND
IMPLEMENTATION OF THE CONSTITUTION, ITS DISTINCTION
FROM A STATUTE

Lesson Objectives:
After completing Lesson 1, you will be able to:
1. define what a Constitution is;
2. distinguish and classify the kinds of Constitutions;
3. discuss the nature and purpose of a Constitution;
4. explain how a Constitution is implemented; and
5. explain the difference between Constitution and statute.

A CONSTITUTION

 A constitution, in a broad sense, is a framework of government. It is a fundamental

law upon which the affairs of government are basically conducted. It is the highest
law of the land upon which all other laws are anchored or based.
 Applied to the Philippines in particular, a constitution, in the words of Justice
Malcolm, "is a written instrument by which the fundamental powers of government
are established, limited and defined, and by which these powers are distributed
among the several departments for their safe and useful exercise for the benefit of
the people."
 A constitution is the fundamental law of the land. It may be a written instrument or a
precise text or series of texts enacted at a given time by a sovereign power; or it
may be the result of a series of legislative acts, ordinances, judicial decisions,
precedents, and customs of diverse origin and of equal value and importance.
 The fundamental law, written or unwritten, that establishes the character of a government by
defining the basic principles to which a society must conform; by describing the organization
of the government and regulation, distribution, and limitations on the functions of different
government departments and by prescribing the extent and manner of the exercise of its
sovereign powers.
 A legislative charter by which a government or group derives its authority to act.
 In its ideal form, a constitution emanates from the consent and will of the people whom it
governs. Besides establishing the institutions of government and the manner in which they
function toward each other and toward the people, a constitution may also set forth the rights
of the individual and a government's responsibility to honor those rights.
Political Science 2F – Philippine Government and the New Constitution
2
 Constitutions function as an evolving body of legal custom and opinion. Their evolution
generally involves changes through a process called amendment. Amendment of a
constitution is usually designed to be a difficult process in order to give the constitution
greater stability. On the other hand, if a constitution is extremely difficult to amend, it might
be too inflexible to survive over time. England may be described as having a constitution
even though it does not have a single written document that is designated as such. England's
constitution instead inheres in a body of legal custom and tradition that regulates the
relationship among the monarchy, the legislature (Parliament), the judicial system, and
Common Law. Although England's constitution is, in a sense, unwritten because it does not
originate in a single document, many written laws have been instrumental in its creation, and
England in fact has one of the oldest traditions of constitutionalism.
http://legal-dictionary.thefreedictionary.com/constitution (January 2014)
 The basic law or laws of a nation or a state which sets out how that state will be organized
by deciding the powers and authorities of government between different political units, and
by stating the basic law-making and structural principles of society.
 The constitution is colloquially referred to as the "#1 law of the land"; to which all of
government, citizens, corporate persons and other laws must defer in the event of any
conflict.
http://www.duhaime.org/LegalDictionary/C/Constitution.aspx (January 2014)
 In public law, the constitution is the organic and fundamental law of a nation or state, which
may be written or unwritten, establishing the character and conception of its government,
laying the basic principles to which its internal life is to be conformed, organizing the
government, and regulating, distributing, and limiting the functions of its different
departments, and prescribing the extent and manner of the exercise of sovereign powers.
http://thelawdictionary.org/constitution/ (January 2014)

CLASSIFICATIONS OF CONSTITUTION

Constitutions can be classified according to their origin, form and manner of

amendment.

According to their origin

Constitutions are either enacted or evolved. It is enacted or conventional if it is a
deliberate act of a constituent assembly or a legislative body and ratified by the people
directly or by the elective councils of a state. The Constitutions of the Philippines and of
the United States are examples of enacted constitutions. A constitution is evolved or
cumulative if it has been developed essentially from customs, traditions or common
usages, like the British Constitution.
Political Science 2F – Philippine Government and the New Constitution
3
According to form
A constitution may be written or unwritten. A written constitution is essentially
reduced to writing in definite and distinct form as the deliberate act of a duly constituted
authority and ratified by the people or an elective local body. This means that the whole
text starting from the preamble down to the last article is put into writing. In this sense, a
written constitution is much the same as an enacted one. Example of a written
constitution is the Philippine Constitution. An unwritten constitution is so-called because
it is chiefly the product of political evolution, consisting basically of customs, traditions
and usages, and partly of judicial decisions and scattered provisions of legislative
enactments. It does not mean that because it is unwritten no part of it is put into writing.
However, the bulk of its content is handed down through oral tradition from one
generation to the next. It is synonymous with evolved constitution. The British
Constitution is an example of this kind of constitution.

According to its amendability

A constitution is either flexible or rigid. It is flexible or elastic if it can be amended or
changed with ease simply through legislation or judicial interpretation, as in the case of
the British Constitution which can be modified any time by Parliament. It is rigid or
inelastic if it requires a more formal procedure for its amendment, including amendatory
proposals by the legislature or a constitutional convention, and ratification or approval
by the people. The Philippine Constitution is rigid in its amendability.

NATURE AND PURPOSE OF CONSTITUTION

Constitutions are generally in the form of rules and precepts, expressed in general
principles and designed for an indefinite period of time, but with provision for their
amendment as the need for them may arise.
A constitution has the character of a basic law to which all other laws of the land as
well as actions and decisions of government must conform, otherwise they may be
declared of no validity and effect. It is binding on all citizens of the country and all
branches of government.
The primary purpose of a constitution is to establish a government, define its powers
and duties, declare the basic rights of the people, and accordingly regulate their
relationship with one another and between the people, on one hand, and the
government, on the other hand. By its basic purpose, the Philippine Constitution seeks
to preserve and protect the rights and interests of individuals and promote the general
welfare of the people.

Political Science 2F – Philippine Government and the New Constitution

4
 IMPLEMENTATION OF THE CONSTITUTION

Despite the primacy of the constitution, its provisions are ineffective unless they are
implemented in laws or statutes. The provision of a constitution is not self-implementing
or self-executory; they merely serve as policies or guidelines upon which laws and other
acts of government are formulated and carried out.
The constitution is likewise implemented in judicial decisions in which the courts are
called upon to interpret its provisions in certain particular cases submitted to them for
litigation. To interpret the constitution means to ascertain the true meaning and intent of
its provisions in order to give effect to the intent of its framers and of the people who
approved it. Any person may interpret the Constitution but it is the judiciary which is
given the right to make an interpretation that is binding and authoritative. An ordinary
citizen has the right to file a case before the court questioning the validity of a local
ordinance. The court, through its power of judicial review, may declare such law or act
of government invalid if it contradicts constitutional provisions. There are however,
issues, which are beyond the power of the courts to decide. They are considered
political questions and are within the jurisdiction of the executive branch. Thus, the
determination as to which foreign government is to be recognized by the Philippines is
part of the decision making power of the President and not of the courts.

CONSTITUTION AND STATUTE DISTINGUISHED

 The constitution is legislation from the people; a statute is from the people’s representatives
 A constitution states the general framework of the law; a statute provides the details of the
subject it treats
 A constitution is intended to govern the future; a statute, to meet existing conditions
 A constitution is the supreme or fundamental law to which all statutes must conform
http://www.scribd.com/doc/16997137/Political-Science (January 2014)
A constitution and a statute differ in their context. The former deals with fundamental
principles of a general nature regarding the government while the latter pertains to
specific subjects within the purview of the legislative jurisdictions.
A constitution is made by an extraordinary body of men chosen especially by the
people for the very purpose of drafting a constitution, whereas a statute is made by an
ordinary legislature.
A constitution is promulgated to meet not only with present but also future
conditions, while a statue is passed to cope only with present conditions.
In countries having rigid constitutions it is difficult to amend or change a constitution
as it needs a special procedure to do that; but to amend or change a statute is easy, for

Political Science 2F – Philippine Government and the New Constitution

5
the legislature can do that any time.
Constitution and statute differ in at least six respects, namely:
1. A constitution is, for all intents and purposes, an act of the people, while statute or
law is an act of the representatives of the people. As the fundamental law of the
land, a constitution requires approval by the majority of the voters in a plebiscite
before it can be considered enforced and in effect. The new Philippine Constitution
was ratified by the Filipino people on February 2, 1987. On the other hand, a statute
like CARL or the Comprehensive Agrarian Reform Law was implemented without the
process of ratification. All that was needed was approval by Congress, the highest
law-making body and the President as Chief Executive of the Philippines.
2. The Constitution is a basic law to which every statute must conform. For example, a
city ordinance which prohibits the inhabitants within the locality from holding rallies in
the plaza is unconstitutional and unenforceable because it contradicts the freedom
of assembly and expression which is provided for in the Constitution.
3. A constitution is expressed in general terms and principles, whereas a statute is
written out in a more detailed manner. For example, Sec. 6 of Article X of the
Philippine Constitution provides that local government units shall have a just share in
the national taxes. This is a general principle because it does not state how much is
the share of each local unit. The Local Government Code of 1991 is a statute which
specifies the percentage share of each province, city, municipality, and barangay.
4. A constitution is merely a framework of law and government, while a statute is an
implementing act. In Sec. 9 of Article XII of the Constitution, it is provided that the
State shall continue to undertake a continuing urban land reform and housing
program for the underprivileged and homeless citizens in urban centers. This is
however put into implementation by statutes like the Urban Development and
Housing Act of 1992 and the Comprehensive Shelter Financing Act of 1994.
5. A constitution deals with various subjects, while a statute generally dwells on a single
subject. In the Philippine Constitution one can read articles about the national
territory, Bill of Rights, citizenship, suffrage, national economy and other topics. A
statute, on the other hand, deals with a specific subject like the Minimum Wage Law
and the Comprehensive Agrarian Reform Law.
6. A constitution is designed for an indefinite period of time, while a statute is meant to
serve only an existing condition. An example of this is a statute which declares a
certain place a calamity area. This is only temporary and is no longer enforceable
once the place has recovered from the ruins brought about by the natural calamity. A
constitution, on the other hand, continues to be valid until such time that it is
amended or replaced by a new set of laws.

Political Science 2F – Philippine Government and the New Constitution

6
Political Science 2F
Module I, Lesson 1
SELF-PROGRESS CHECK TEST

I. Identification.
_____ 1. The Constitution is often times referred to as the (___) law because all
other laws of the land must conform to its principles.
_____ 2. According to its origin, a Constitution is (___) if it is a deliberate act of a
_____ 3. duly established constituent or legislative body, and (___) if it is merely the
product of political evolution.
_____ 4. According to form, a Constitution is (___) if its provisions are found in
_____ 5. scattered sources, or (___) if its provisions are contained in a single
document in distinct form.
_____ 6. According to amendability, a Constitution is (___) if it can be changed
_____ 7. merely through legislation and (___), if it requires a more formal procedure
for its amendment.
_____ 8. On the bases of items 2 and 7 above, the Philippine Constitution may be
_____ 9. classified as follows: (___), according to origin, (___), according to form,
and (___), according to amendability.
_____ 10.

II. True or False.

_____ 1. The Constitution is the basic law of the land.
_____ 2. As a rule, a country, to be well administered, must have a Constitution.
_____ 3. Unwritten Constitution is so-called because no part of it is in written form.
_____ 4. A rigid Constitution is easier to amend than a flexible one.
_____ 5. To amend a Constitution necessarily means to replace it with a new one.
_____ 6. If there is a conflict between the Constitution and a statute, the
Constitution will prevail.
_____ 7. The Philippine Constitution is flexible because it has been amended quite
too often in the recent past.
_____ 8. The British Constitution is an example of an evolved Constitution.
_____ 9. Another name for Constitution is statute.
_____ 10. There is no basic difference between Constitution and statute.

Political Science 2F – Philippine Government and the New Constitution

7
Political Science 2F
Module I
Lesson 2. THE PHILIPPINE CONSTITUTION: ITS HISTORY AND SOURCES

Lesson Objectives:
After completing Lesson 2, you will be able to:
1. trace the development of the Philippine Constitution; and
2. compare the different constitutions enacted by the Philippine government.

EARLY CONSTITUTIONS

The importance of having a set of laws to govern the activities of the government
had been recognized by the Filipino people long before the colonizers came into the
country. During the pre-Spanish times, the Datu together with the maginoos or Council
of Elders formulated laws to be followed by the people in the barangay. Most of these
laws were unwritten and handed down orally from one generation to the next.
However, Philippine experience with constitutionalism formally started in 1896 when
the Katipunan under Andres Bonifacio adopted a Constitution at Tejeros, Cavite in an
attempt to form a revolutionary government against the Spaniards. But hardly had the
government been formed when Bonifacio met his tragic death, and with him, the
Constitution.
In 1898, at the height of the revolution against Spain, the Malolos Congress adopted
the Malolos Constitution upon which the First Philippine Republic was established on
January 23, 1899. But this too did not last as the Republic went out of existence with the
occupation and assumption of sovereignty by the Americans over the Philippine Islands,
as the country was officially known then.

THE 1935 CONSTITUTION

The Filipino struggle for freedom took over thirty years before the American
Congress enacted the Tydings-McDuffie Law, making a definite commitment to
Philippine independence. The law, also known as the Philippine Independence Act,
stipulated certain conditions for the eventual grant of independence, basic among which
was the formulation and adoption of a Philippine Constitution by the Filipinos
themselves. Accordingly, by an act of the Philippine Legislature, a Constitutional
Convention was convened on July 30, 1934, with Claro M. Recto as president. The
Constitution was approved by the Convention on February 8, 1935, and was ratified by
the electorate on May 14, 1935 by a lopsided vote of 1,213,046 against 44, 963.

Political Science 2F – Philippine Government and the New Constitution

8
Sources of the 1935 Constitution
The Philippine Constitution of 1935 was patterned largely after the Constitution of
the United States. In fact, the Philippine Independence Act imposed a number of
requirements in the writing of the charter as a condition to its acceptance by the U.S.
President, among which were the following:
1. that the Constitution provides for a republican form of government;
2. that it contains a bill of rights;
3. that a system of public education be established, primarily conducted in the
English language; and
4. that religious sentiment be absolutely tolerated.
Other sources were President McKinley's Instructions of 1900 to the Second
Philippine Commission, directing among other things, the extension of the provisions of
the American Bill of Rights to the Filipinos; the Philippine Bill of 1902, establishing the
Philippine Legislature; and the Jones Law, granting autonomy to the Filipinos. The
Malolos Constitution was also consulted, as were the charters of other countries, such
as Germany, Spain, England, Mexico and some South American states.

The Commonwealth and the Republic

The 1935 Constitution was actually adopted for the Commonwealth Government that
was to be established for a period of ten years, preparatory to the grant of
independence. Nowhere, however, did it state that it could not be used likewise for the
Republic later on.
On the strength of this reasoning, the Constitutional Convention, after such debate
but without any clear-cut decision on the matter, adopted the same Constitution for the
Commonwealth, a colony of a foreign power, and for the Republic that was to be a
sovereign state. This anomaly was to be corrected thirty-eight years later.

The Need for a New Constitution

The question is often asked: "If the Constitution of 1935 was good enough to see the
Philippines through the Commonwealth, World War II, and the Second Republic, why
did it have to be changed?" Answers to this question range from historical to legal
reasons and from emotional to practical considerations.
Advocates of a new charter claimed that the 1935 Constitution was colonial because
the Tydings-McDuffie Act, by dictating conditions to the Constitutional Convention,
precluded the Filipinos from freely expressing themselves in the framing of their own
charter. A new constitution was also necessary, they argued, to correct the anomaly
that the old one was designed and adopted for a colonial territory and merely
improvised to serve the purposes of a sovereign state. The 1935 Philippine Constitution
Political Science 2F – Philippine Government and the New Constitution
9
was largely patterned after the American constitution and did not contain original ideas
reflective of Philippine realities.
An even more compelling reason for a new constitution was the public outcry for
reforms. In the late sixties and through the early seventies, the Filipinos were a nation in
ferment. The effects of an ever-growing population were taking their toll on the country
and its people. Criminality was on the rise. Anarchy was on the streets. Graft and
corruption stalked the halls of officialdom. Labor was restless. A foreign ideology was
being preached on the countryside. Unemployment was getting out of hand and
government was proving itself incapable of satisfying the basic needs of society.
Basic changes in government were necessary but time was not capable of bringing
about the desired changes. The old Constitution was deemed historically colonial, highly
centralized in government structure, outmoded in its objectives, and disoriented. A new
constitution was imperative.

THE 1973 CONSTITUTION

The 1971 Constitutional Convention

In response to the people's clamor for reforms, the defunct Congress of the
Philippines approved on March 16, 1967 a joint resolution, authorizing the holding of a
constitutional convention in 1971. A total of 320 delegates were elected from all over the
country, and held their inaugural session on June 1, 1971. After 15 months, on its 291st
plenary session on November 29, 1972, the Convention approved a new Constitution by
a vote of 273 to 15, with one abstention. Twenty-seven delegates were absent when the
final vote was taken. Signing of the new charter began on November 30, 1972.

Ratification of the New Constitution

Even before the new Constitution was approved by the Constitutional Convention,
martial law was declared all over the country on September 21, 1972 to avert a reported
plot to overthrow the government by violence. This event was significant not only for its
impact on society but also because of its effect upon the ratification of the new
Constitution. For, instead of holding a plebiscite of the entire electorate as prescribed by
the Constitution itself, it was ratified by so-called citizens' assemblies, which placed the
effectivity of the new charter in serious doubt. In fact, no less than five cases were filed
with the Supreme Court, questioning the validity, or at least, the effectivity, of the new
Constitution. The justices held different views on the matter: four upheld the validity of
the ratification, two said it was invalid, while another four could not state with judicial
certainty whether or not the people had actually accepted the new Constitution,
although two of them voted for the dismissal of all five cases on the ground that the
basic and ultimate question posed by said cases was the effectivity of the new charter.
Political Science 2F – Philippine Government and the New Constitution
10
The final result was that there were not enough votes to declare that the new
Constitution was not in force. Accordingly, by virtue of the majority of the votes of six
members, all five cases were dismissed, and, "This being the vote of the majority,"
according to the resolution of the Court, "there is no further judicial obstacles to the new
Constitution being considered in force and effect."

FREEDOM CONSTITUTION

In 1986, President Ferdinand E. Marcos was ousted from office following a snap
election and a massive demonstration of "people power" that installed Corazon C.
Aquino as President.
Taking power "in the name of the people" and "in defiance of the 1973 Constitution,"
Aquino with Salvador Laurel, as Vice President, installed a revolutionary government
"through a direct exercise of the power of the Filipino people."
On March 25, 1986, Aquino ordained a Provisional Constitution, otherwise known as
Freedom Constitution, which in a large part, adopted the 1973 Constitution. It also
created a Constitutional Commission to write a new Constitution.

THE 1987 CONSTITUTION

A Constitutional Commission of 48 members, all appointed by the President,

convened on June 2, 1986 at the Batasang Pambansang building in Diliman, Quezon
City. Of the 48 members, one (Lino O. Brocka) resigned his membership. Using the
previous constitutions as "working drafts" the Commission also included in its
deliberation the results of committee discussing public hearing, plenary sessions and
public consultations held in different parts of the country. After 133 days' work, on
October 12, to be exact, the draft of the new charter was approved by a vote 45 - 2. It
was ratified by the people in a plebiscite held on February 2, 1987, thus superseding the
Provisional Constitution, which earlier abrogated the Constitution of 1973.
MEMBERS OF THE CONSTITUTIONAL COMMISSION [CON COM] WHICH DRAFTED THE
1987 CONSTITUTION OF THE PHILIPPINES1
Cecilia Munoz Palma
President
Ambrosio B. Padilla
Vice-President

1
http://www.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-the-philippines/the-1987-
constitution-of-the-republic-of-the-philippines-members-of-the-constitutional-commission/
Political Science 2F – Philippine Government and the New Constitution
11
 Napoleon G. Rama
Floor Leader
Ahmad Domocao Alonto
Assistant Floor Leader
Jose D. Calderon
Assistant Floor Leader
Yusuf R. Abubakar Jose Luis Martin C. Gascon Cirilo A. Rigos
Felicitas S. Aquino Serafin V.C. Guingona Francisco A. Rodrigo
Adolfo S. Azcuna Alberto M. K. Jamir Ricardo J. Romulo
Teodoro C. Bacani Jose B. Laurel, Jr. Decoroso R. Rosales
Jose F. S. Bengzon, Jr. Eulogio R. Lerum Rene V. Sarmiento
Ponciano L. Bennagen Regalado E. Maambong Jose E. Suarez
Joaquin G. Bernas Christian S. Monsod Lorenzo M. Sumulong
Florangel Rosario Braid Teodulo C. Natividad Jaime S. L. Tadeo
Crispino M. de Castro Ma. Teresa F. Nieva Christine O. Tan
Jose C. Colayco Jose N. Nolledo Gregorio J. Tingson
Roberto R. Concepcion Blas F. Ople Efrain B. Trenas
Hilario G. Davide, Jr. Minda Luz M. Quesada Lugum L. Uka
Vicente B. Foz Florenz D. Regalado Wilfrido V. Villacorta
Edmundo G. Garcia Rustico F. de los Reyes, Jr. Bernardo M. Villegas

Dr. Florangel Rosario Braid is a member of the Board of Trustees of Cap College
Foundation, Inc. and is the Oversight Trustee for Curriculum Development

INTERVIEW WITH FLORANGEL ROSARIO BRAID2

29 February 2012
Q: How have you been involved in constitution building?
A: I was a member of the 1986 Constitutional Commission of the Philippines which drafted the present
Constitution. In that capacity, I authored provisions on communication and information, education,
human rights and social issues. I also participated in discussions on the design, amongst others, of the
executive, legislative, local government and judicial systems.
Q: What have you learned from your constitution building experience?
A: There is a need to balance the focus between local and national politics, with global realities as well
as that of various interest groups. My involvement deepened my understanding of many issues
relevant to state building and democracy consolidation, such as diversity and pluralism, inclusiveness,
the need to link the historical past with present experiences in preparing for the future, and to rectify
imbalances in wealth and power distribution in society.

2
http://www.constitutionnet.org/news/interview-florangel-rosario-braid
Political Science 2F – Philippine Government and the New Constitution
12
Q: What were your biggest successes as a constitution builder?
A: Promoting and ensuring the existence of a role in political processes for a broad range of
stakeholders, such as cooperatives, media and non-government organizations; through some of the
provisions, which I authored. Also important are clarifications I brought to definitions on concepts
like participatory democracy, ownership of media, decentralization in educational planning and
science and technology, and education for human rights, which were subsequently integrated in
implementing legislation.
Q: What was most critical to your success as a constitution builder?
A: Connections to a broad network of NGOs: being in academia and with a background in journalism
and development consultancy, I was able to exert some influence on the direction of the process
through advocacy skills developed from my association with these networks.
Q: What is the biggest challenge you faced as a constitution building practitioner?
A: Being able to build a viable force of vigilance that could fulfill the much needed “watchdog” function
was, continues to be a huge challenge.
Q: Constitution building is a continuous multi-phase project including not only the
drafting and adoption of the constitution but also its implementation. What is the
biggest challenge your country is currently facing in this area?
A: Implementation: a key challenge has been adopting legislation on freedom of information, and similar
acts that would redistribute power and privilege; and to strengthen political and social institutions -
specifically the judiciary - to ensure equitable access and participation of marginalized sectors;
women, cultural communities, the disabled, and similar vulnerable groups in political processes.
A second challenge involves using the Constitution to protect economic and political sovereignty and
ensuring the sustainability of a liberal, participatory democracy.
Q: What can be done to overcome this challenge and how can the international
community contribute in the process?
A: Solutions: one major example is clearly the need to ensure the institutionalization of a democratic and
just electoral process; continuing advocacy and more commitment from the UN and the International
Community in pressuring the government to comply with international protocols on fundamental
freedoms by recognizing the rights of marginalized groups. International development agencies can
also provide relevant assistance in improving governance and the delivery of social services.
Q: What do think is most needed by contemporary constitution building practitioners to
help them in their work today?
A: What is needed are initiatives enabling and promoting comparative lesson - learning and knowledge
sharing between practitioners through dialogue fora, peer networks, training workshops, online
databases and publications. Some organizations like IDEA are already doing this, but it needs to be
expanded and encouraged.

Political Science 2F – Philippine Government and the New Constitution

13
Political Science 2F
Module I, Lesson 2
SELF-PROGRESS CHECK TEST

I. Identification.
_____ 1. The first time a constitution was adopted in the Philippines was in (___)
_____ 2. when the (___) attempted to form a revolutionary government.
_____ 3. The second time the Filipinos adopted a charter was in 1898 when the
_____ 4. (___) Congress established a formal government, known as (___).
_____ 5. The third Philippine Constitution was adopted in (___), establishing a
_____ 6. transitional form of government, known as the (___).
_____ 7. The fourth Philippine Constitution was in the year (___), establishing a
_____ 8. (___) form of government.
_____ 9. Officially known as the (___), the law granting independence to the
_____ 10. Philippines was also known as (___), after its two principal authors.

II. Matching Type.

Column A Column B
_____ 1. Philippine Independence Act a. transition government
_____ 2. Katipunan Constitution b. established parliamentary
government
_____ 3. Malolos Constitution
c. Filipino autonomy
_____ 4. Commonwealth of the
d. First Philippine Republic
Philippines
e. Bill of Rights for Filipinos
_____ 5. President of the 1934 Con-Con
f. Tydings- McDuffie Act
_____ 6. 1973 Constitution
g. Established Philippine
_____ 7. Jones Law Legislature
_____ 8. Philippine Bill of 1902 h. Andres Bonifacio
_____ 9. McKinley's Instructions i. Amending body
_____ 10. Constitutional Convention j. Claro M. Recto
k. Ferdinand E. Marcos

Political Science 2F – Philippine Government and the New Constitution

14
Political Science 2F
Module I
Lesson 3. THE PHILIPPINE CONSTITUTION: CHARACTERISTICS AND BASIC
PRINCIPLES

Lesson Objectives:
After completing Lesson 3, you will be able to:
1. discuss the characteristics of the New Philippine Constitution, in form and
substance;
2. explain the merits and demerits of the present Constitution; and
3. state the basic principles underlying the present Constitution.

REQUISITES OF GOOD CONSTITUTION3

1. Well Written:
It must be well defined and precise. It should not have ambiguities and obscurities of
language, because this may lead to conflicting interpretations because such a constitution
will depend for its interpretation on the whims of the judges. In this respect a carefully
drafted written constitution is more satisfactory than an unwritten one, as a written
constitution is the result of careful thought.
2. Comprehensiveness:
A constitution should be sufficiently comprehensive, covering the whole field of government.
The powers of different organs of the government and various functionaries of the state must
be clearly demarcated.
A good constitution does not enter into needless details since a detailed constitution is also
liable to give rise to constitutional disputes. Besides, a detailed constitution indicates a sort
of distrust in the various organs of the government and hampers its natural growth.
3. Partly Rigid and Partly Flexible:
A constitution should neither be very rigid nor very flexible. A rigid constitution does not
possess the qualities of adaptability and adjustability.
With the changing needs of time, a flexible constitution is liable to be perverted. The best
constitution is one which combines both the elements of rigidity and flexibility. It must
provide a method of change so that it may be changed and adopted without a revolution.
4. Provision for a Bill of Rights:
A constitution should provide for a bill of rights for the people. This has become a necessity
in the modern democratic age. It should also make adequate provision for the protection of

3
http://www.preservearticles.com/201106258617/what-are-the-essential-of-a-good-constitution.html
Political Science 2F – Philippine Government and the New Constitution
15
 individual liberty by providing for appeal to the law courts.
5. Suitability:
Lastly, a good constitution should represent the needs of the time and should be suitable for
social, political and economic needs of the people. "Legal sovereign should coincide with
political sovereign."

CHARACTERISTICS OF THE NEW PHILIPPINE CONSTITUTION

The New Constitution of the Philippines has the qualities of most democratic
constitutions of the world in form and substance. Like the 1973 Constitution, it is
classified as rigid, written and conventional.
Format-wise, the New Constitution follows the style of the old one. It contains a
preamble and eighteen articles with corresponding sections on different subjects,
including the procedure for its amendment, very much like the constitutions of the more
advanced countries of the world.
Substantively, the New Constitution is democratic and republican. It affirms the
sovereignty of the people and the exercise of governmental powers through their duly
elected representatives. It is historical and nationalistic; it is rooted in the traditions of
the people, which it seeks to preserve and develop for the sake of national identity.
While retaining capitalistic principles in the recognition of private ownership, the new
charter has shades of socialism in its regulation of the use and enjoyment of private
property.
The New Constitution is most notable for its social content and orientation. Social
Justice and Human Rights, the charter's basic ideological framework, are reflected in
many of its provisions, all designed to bridge the gap between the rich and the poor.
Complementing social justice is the recognition and guarantee of human rights.
The New Constitution is also distinguished for its deep sense of nationalism. At the
sacrifice of historical facts, it has done away with every vestige of colonialism in the
definition of the national territory, and seeks to do more by authorizing legislative fiat to
change the name of the country, its anthem and its national seal. It also provides for the
Filipinization and nationalization of the patrimony of the nation.
Another remarkable aspect of the New Constitution is its democratic ideals, which it
expresses in terms of an expanded base, freer elections, and additional guarantees to
civil liberties. It also promotes greater mass participation in governance through
people's organizations and non-governmental groups.
No less remarkable is the establishment of an efficient and trustworthy public service
by institutionalizing a government service career system, adopting measures against
graft and corruption, and insulating public service from power politics.
Political Science 2F – Philippine Government and the New Constitution
16
 Other high points of the New Constitution are:
1. the institutionalization of the family as the basic social unit;
2. recognition of the role of the youth in nation-building;
3. greater equality between the sexes;
4. an improved judiciary;
5. establishment of new political institutions;
6. greater autonomy for local governments;
7. integration of the educational system, relevant to national goals;
8. Filipinization of the mass media;
9. development of a more responsible citizenry;
10. continuity in economic development policies and programs; and
11. improved judiciary with its expanded power to deal with the so-called “political
question”.
The 1987 Constitution, for all its merits, is not without faults. There are two major
criticisms against it. One is that it was drafted by an appointive body, and therefore, not
really reflective of the sentiments of the people. The Constitutional Commission, which
drafted the Constitution, was composed of representatives from different sectors who
were appointed by President Corazon Aquino. Being beholden to the appointing power,
one can raise questions as to their independence in deciding what to include in the
Constitution. The fact that they were not really chosen by the voters themselves
seemed to be contrary to the principles of democracy. The other is the matter of form, in
that the new charter is so lengthy and so verbose, containing as it does provisions on
such minor and specific subjects as war veterans and retirees' pensions and consumer
protectionism that are better left to legislation.

BASIC PRINCIPLES OF THE CONSTITUTION

Like its more immediate predecessors, the 1987 Constitution contains certain
fundamental principles of government, which are part and parcel of the democratic way
of life.
Among them are:
1. Recognition of the aid of Almighty God. (see Preamble)
2. Sovereignty of the people (Art. II, Sec. 1)
3. Renunciation of war as an instrument of national policy (Ibid., Sec. 2)
4. Supremacy of civilian authority over the military (Ibid., Sec. 3)
5. Separation of church and state (Ibid., Sec. 6)

Political Science 2F – Philippine Government and the New Constitution

17
 6. Recognition of the family as the basic unit of society and (Ibid., Sec. 12, 13)
the vital role of the youth in nation building
7. Recognition of the fundamental equality before the law of (Ibid., Sec. 14)
men and women
8. Guarantee of human rights (Art. III, Secs. 1 -
22; Art. XIII, Secs.
17 - 19)
9. Morality in the public service and accountability of public (Art. XI, Sec. 1)
officers
10. Independence of the judiciary (Art. VIII, Sec. 1)
11. Guarantee of local autonomy (Art. X, Sec. 2)
12. Nationalization and Filipinization of the patrimony of the (Art. XII, Secs. 2,
nation 3, 17 and 18)
13. Rule of the majority
14. Government of laws and not of men
15. Separation of powers
16. Exercise of the inherent powers of the state: police
power, taxation and eminent domain
17. Non-suability of the State (Art. XVI, Sec. 3)
These principles and policies are discussed in the corresponding modules under
appropriate lessons.

Political Science 2F – Philippine Government and the New Constitution

18
Political Science 2F
Module I, Lesson 3
SELF-PROGRESS CHECK TEST

True or False.
_____ 1. In so far as format is concerned, there is no difference between the 1935
and 1973 Constitutions on one hand, and the 1987 Constitution on the
other hand.
_____ 2. The Philippine Constitution is democratic as well as republican in
character.
_____ 3. Despite the imposition of Martial Law in 1972, the Philippines never
ceased to be a democratic country.
_____ 4. Under a present set-up, the Philippines has a strictly parliamentary form of
government.
_____ 5. Social justice in the New Constitution is not as well emphasized as it was
in the old one.
_____ 6. The New Constitution is so nationalistic that it forbids any change in the
name of the country or its anthem and seal.
_____ 7. A distinct feature of the New Constitution is its recognition of the family as
the basic unit of society.
_____ 8. Constitutionally, there is no difference between sexes insofar as rights are
concerned.
_____ 9. The 1987 Constitution says nothing about human rights.
_____ 10. One of the notable features of the New Constitution is its brevity.

Political Science 2F – Philippine Government and the New Constitution

19
Political Science 2F
Module I
ANSWER KEYS TO THE SELF-PROGRESS CHECK TESTS

LESSON 1

Test I.
1. fundamental (or basic) 6. flexible
2. enacted 7. rigid
3. evolved 8. enacted
4. unwritten 9. written
5. written 10. rigid
Test II.
1. T 2. T 3. F 4. F 5. F 6. T 7. F 8. T 9. F 10. F

LESSON 2

Test I.
1. 1896 6. Commonwealth
2. Katipunan 7. 1973
3. Malolos 8. parliamentary
4. First Phil. Republic 9. Philippine Independence Act
5. 1935 10. Tydings-McDuffie Law
Test II.
1. f 2. h 3. d 4. a 5. j 6. b 7. c 8. g 9. e 10. i

LESSON 3

1. T 10. F
2. T
3. T
4. F
5. F
6. F
7. T
8. T
9. F
Political Science 2F – Philippine Government and the New Constitution
20
Political Science 2F – Philippine Government and the New Constitution
21
Political Science 2F – Philippine Government and the New Constitution
22