Pol.Sci.

101 Lecture on

The Philippine
CONSTITUTION
 Introduction
Every state has had a constitution
of some kind whether it be an elaborate
document or just a collection of rules. It is
inconceivable how a state could exist or
survive without a constitution of some
form.
The foundation of the system of
government of the Philippines is the
constitution.
 Constitution defined:
In its broad sense, the term
constitution refers to the “body of rules and
principles in accordance with which the
powers of sovereignty is regularly
exercised.”

Etymology:

Latin word “CONSTITUO” which

means “fixed”, “established”, or “settled”
 Constitution defined:

 “Constitution is a written instrument

(document) by which the fundamental
powers of government are established,
limited, and defined, and by which these
powers are distributed among several
departments for their safe and useful
exercise for the benefit of the body
politic.” -Justice Miller, US Supreme Court
 Nature and Purposes
1. Serves as the supreme or fundamental
law.
 It is the Charter creating the government.

 It is binding to all individual citizens and all organs

of the government.

 It is the law to which all other laws must conform.

 It is the test of the legality of all governmental

actions.
 Nature and Purposes
2. Establishes the basic framework and
underlying principles of government.
 Prescribes the permanent framework of the
system of government, and assigns to the different
department or branches, their respective powers
anD duties. (Art.I)

 To establish certain basic principles on which the

government is founded. (Preamble, Art.I)

 Designed to preserve and protect the rights of the

citizen against the Powers of the State. (Art III)
Constitutional Law

 It is defined as the branch of public law

which deals with constitution: their
nature, formation, amendment, and
interpretation.

 It is also the law embodied in the

Constitution as well as the principles
growing out of the interpretation and
application made by the courts,
specifically the Supreme Court.
 Typology of Constitution
Constitution may be classified as follows:

1) As to origin and history:

a) Conventional or enacted—one which is enacted by a
constituent assembly or granted by a monarch to his
subjects (e.g. Constitution of Japan)

b) Cumulative of evolved—one which is a product of a

long period of development originating in customs,
traditions, judicial decisions etc, rather than from
deliberate and formal enactment. (e.g. English
Constitution)
 Typology of Constitution
Constitution may be classified as follows:

2) As to form:
a) Written Constitution—one which has been given
definite form at a particular time, usually by a
specially constituted authority called a
“constitutional convention” or “constitutional
commission”.

b) Unwritten Constitution—one which is entirely a

product of political evolution, consisting largely of a
mass of customs, usages, and judicial decisions.
 Typology of Constitution
Constitution may be classified as follows:

3) As to manner of amending them:

a) Rigid or inelastic—one regarded as a document of
special sanctity, which can not be amended or
altered except by some special machinery other than
ordinary legislative process.

b) 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.
 The1987 Philippine Constitution is
thus a conventional/enacted,
written, and rigid/inelastic
constitution.
Pros and Cons of a written
constitution
 It has the advantage of clearness and
definiteness over an unwritten one. Since the
written constitution is a binding document, the
rights of the citizen is more secured.

 Its disadvantage lies in the difficulty of its

amendment. This prevents the immediate
introduction of needed reforms and may
thereby retard the healthy growth and
progress of the State.
 Requisites of a good
written constitution
 BRIEF: because if a constitution is too detailed, it
would lose the advantage of a fundamental law. It
would never be understood by the public.

 BROAD: because a statement of the powers and

functions of government, and of the relations
between the governing body and the governed,
requires that it be as comprehensive as possible.

 DEFINITE: because otherwise the application of its

provision to concrete situations may prove unduly
difficult if not impossible.
Constitution of the
Republic of the Philippines
1) The 1935 Constitution
Ratified on May 14, 1935

Features: a) Established the Commonwealth

Government.

b) Provided a Democratic and

Republican government

c) Inclusion of the Bill of Rights

Constitution of the
Republic of the Philippines
2) The 1973 Constitution
Ratified on January 17, 1973

Features: a) Establishment of a modified

parliamentary government.

b) Suspension of the Bill of Rights.

c) Has given greater power to the

Executive Department.
 Constitution of the
Republic of the Philippines
3) The 1987 Constitution
Ratified on February 2, 1987

Features: a) Reinstitution of a Democratic

Government.
b) Separation of Church and State.
c) Sovereignty of the people.
d) Renunciation of war as a national policy.
e) Supremacy of Civilian authority over the
military.
f) Separation of Powers
 Preamble
 FromLatin “preambulare” which means
“to walk before”.

 It
is an introduction to the main
subject.

 It is the prologue of the Constitution.

Preamble: purpose and value

 1)
Sets down the origin and
purposes of the constitution.

 2)May serve as an aid in its

interpretation.

Note: The preamble has no legal

implications.
 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 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, do ordain and promulgate
this Constitution.
 Article I: 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 or jurisdiction,
consisting of its terrestrial, fluvial and aerial domains,
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.
 ARTICLE II
DECLARATION OF PRINCIPLES
AND STATE POLICIES
PRINCIPLES
 Section 1. The Philippines is a democratic and republican
State. Sovereignty resides in the people and all government
authority emanates from them.

 Section 2. The Philippines renounces war as an instrument

of national policy, adopts the generally accepted principles
of international law as part of the law of the land and
adheres to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations.
 ARTICLE II
DECLARATION OF PRINCIPLES
AND STATE POLICIES
 Section 3. Civilian authority is, at all times, supreme over the
military. The Armed Forces of the Philippines is the protector
of the people and the State. Its goal is to secure the
sovereignty of the State and the integrity of the national
territory.

 Section 4. The prime duty of the Government is to serve and

protect the people. The Government may call upon the
people to defend the State and, in the fulfillment thereof, all
citizens may be required, under conditions provided by law,
to render personal, military or civil service.
 ARTICLE II
DECLARATION OF PRINCIPLES
AND STATE POLICIES

 Section 5. The maintenance of peace and

order, the protection of life, liberty, and
property, and promotion of the general
welfare are essential for the enjoyment by
all the people of the blessings of
democracy.

 Section6. The separation of Church and

State shall be inviolable.
 ARTICLE II
DECLARATION OF PRINCIPLES
AND STATE POLICIES
STATE POLICIES
 Section 7. The State shall pursue an independent
foreign policy. In its relations with other states, the
paramount consideration shall be national
sovereignty, territorial integrity, national interest,
and the right to self-determination.

 Section 8. The Philippines, consistent with the

national interest, adopts and pursues a policy of
freedom from nuclear weapons in its territory.
 ARTICLE II
DECLARATION OF PRINCIPLES
AND STATE POLICIES
 Section 12. The State recognizes the sanctity of family life
and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the life
of the mother and the life of the unborn from conception.
The natural and primary right and duty of parents in the
rearing of the youth for civic efficiency and the development
of moral character shall receive the support of the
Government.

 Section 13. The State recognizes the vital role of the youth in
nation-building and shall promote and protect their physical,
moral, spiritual, intellectual, and social well-being. It shall
inculcate in the youth patriotism and nationalism, and
encourage their involvement in public and civic affairs.
 ARTICLE II
DECLARATION OF PRINCIPLES
AND STATE POLICIES

 Section 14. The State recognizes the role of

women in nation-building, and shall ensure
the fundamental equality before the law of
women and men.

 Section 25. The State shall ensure the

autonomy of local governments. (see Art. X)
 Midterm Paper
Research on the issue of the Philippines-China dispute over
the Spratlys Island. Use the following rubric/format and answer
the following questions:

 Introduction (historical background of the dispute, claimant of

the territory, location on the globe.)

 Discussions: how did the dispute began? What are the reasons
for the dispute? How did UN respond to the issue? What are the
Philippine government’s argument in claiming some part of the
island?

 Resolution: a) Recent developments.

b) What is your stand regarding this issue? Do we

continue to claim the territory even in the
provocation of a war?