THE STUDY OF PHILIPPINE

CONSTITUTION
 CONSTITUTION
• Isthe set of rules, principles and customs that
establish the limit and distribute the
fundamental powers of government and define
its relations with citizens
THREE BASIC FUNCTIONS
1. It is the collection of fundamental laws of the state – it contains the legal
rules and principles that the people in a political community and governed
2. It sets and limits the powers of government and its agencies – the
constitution specifies the structure of government and the powers each
component agencies may exercise
3. It defines the relationship of the government and the citizens –
constitution states the powers of government alongside with the enumeration
of the rights citizens so as to prevent the government from intruding upon on
these rights
IMPORTANCE OF THE CONSTITUTION
It provides the symbolic statements of people’s collective ideas
and their unity

It establish the legitimacy of government

It provides an outlines of government structures

NATURE OF THE CONSTITUTION

a. Binding on all citizens and all agencies or organs of

the government.

b. The law, which all other laws, must conform

c. The test of legality of all government action

KINDS OF CONSTITUTION

1. According to form:
a. Written – in which it is contained or codified in a single
document. (e.g. Philippines)
b. Unwritten – it is a product of political evolutions, customs and
traditions that evolved from the passage of time. It is unwritten
but scattered in various documents and based on the people’s
customs and usage. (e.g. United Kingdom)
KINDS OF CONSTITUTION
2. As to Origin:
a. Conventional or enacted – in which it is enacted, formally and
deliberate by a constituent assembly like constitutional convention 
b. Cumulative or evolved – in which it is a product of growth
over a long period of time based on customs, traditions or judicial
decisions rather than enacted formally by a constituent assembly
KINDS OF CONSTITUTION

3. As to manner of amending
a. Rigid or inelastic – which can not be amended or revised
easily without passing through a process. Delegates to the constituent
body must de elected first to effect revision or amendment 
b. Flexible or elastic – which can be amended or revised just like
ordinary laws by the same body that makes ordinary laws
REQUISITE OF A GOOD WRITTEN
CONSTITUTION

a.) As to form, it should be:

1. Brief and not too detailed
2. Broad and comprehensive
3. Definite and not ambiguous
REQUISITE OF A GOOD WRITTEN
CONSTITUTION
b.) As to contents, it contains at least the following three provisions on:
1. Constitution of government
2. Constitution of liberty
3. Constitution of sovereignty
 WRITTEN CONSTITUTION
Advantage Disadvantage
1. Clear and definite because its 1. Conservative which tend to direct
provisions are deliberately written in people and government actions
detail according to the written rules

2. Stable because the provisions are 2. Rigid and difficult to amend. It

known to the people cannot readily adapt to needed
changes
3. Able to provide security in 3. Subject to varying interpretation
protecting the rights and liberty of from lawyers and the court.
the people because they are reduced
in writing
CREATING A CONSTITUTION

In the Philippines there are two ways in creating a constitution 

1. Constitutional Convention – in which the delegates that will draft the
constitution are elected by the people.
Example: 1935 and 1973 Constitution
2. Constitutional Commission – in which the delegates are appointed by
the President of the Philippines.
Example: 1987 Constitutions
FOUR MAJOR CONSTITUTIONS OF THE
PHILIPPINES
CONSTITUTION GOVERNING FRAMERS PRESIDENT OF THE RATIFICATION DATE
AUTHORITY CONSTITUENT BODY
Malolos Constitution By the 3rd decree of 92 appointed and Pedro A Paterno January 21, 1899
the revolutionary elected delegates
government of Gen.
Emilio Aguinaldo
June 23, 1898

1935 Constitution Tidings-McDuffie Law 202 elected Claro M Recto May 14 1935
enacted by US delegates in a
Congress March 24 Constitutional
1934 Convention
1937 Constitution Joint Resolution of 320 elected Diosdado Macapagal January 10-15 1973 by
the Congress delegates in citizen assemblies as
Number 2 as Constitutional provided by P.D. 86-A
amended by Convention
Resolution Number 4
June 17 1969

1987 Constitution Proclamation 48 appointed Cecilia Muñoz Palma February 2, 1987

Number 9 under the members of a
Provisional Constitutional
Constitution Commission
(Freedom
Constitution)
 OUTSTANDING FEATURES OF THE FOUR MAJOR CONSTITUTIONS
CONSTITUTION FORM OF GOVERNMENT LEGISLATIVE CHAMBER HIGHLIGHTS
INSTITUTED
Malolos Presidential but the president Unicameral with a Permanent Provision on separation of church and state, won only by
Constitution is to be elected by the Commission that will perform one vote; legislature supreme over the executive
congress legislative work when Congress (president) and the judiciary
is not in Session

1935 Constitution Presidential under 2 stages Bicameral as amended Provision on land reform and bill of rights; parity right as
1. Commonwealth amended; extended voting right to women; created
2. Republic separate Commission on Election

1973 Constitution Modified Parliamentary as Unicameral Remove the requirement to read and write prescribed by
amended the 1935 Constitution for the right to vote; the President
as the real Executive exercises law making powers
(Amendment No. 6)

1987 Presidential Bicameral Remove the mandatory registration and voting under
Constitution 1973 Constitution; broaden Bill of Rights which prohibits
abortion and death penalty; creation of Human Rights
Commission; provision for Cordillera Autonomous
Region and Autonomous Region for Muslim Mindanao;
judiciary strengthened to cover political questions
formerly beyond its jurisdiction; limit the power of the
president to declare martial law and suspend then
privilege of the writ of habeas corpus without the
concurrence of Congress
CHANGING THE CONSTITUTION
The Article XVII of the Philippine Constitution deals with its amendment or revision.
Distinguishing Amendment from Revision
Amendment   Revision
Only a part or parts of the   Changing or re-writing the entire
Constitution is changed   constitution
Its intention is to improve or add   Its intention is a re-examination of the
a new provision or delete   entire document or place an structural
existing one Both signify change in change
Example: Organic Resolution the text and the meeting Example: The Constitutional Commission
No. 1 of the 1971 Constitutional of the Constitution of 1986 re-wrote the 1973 Constitution to
Convention which lowers the produce the 1987
voting age to 18 t0 21
 THREE BODIES THAT MAY PROPOSE A
CHANGE IN THE CONSTITUTION

a. Congress – as constituent assembly

b. Constitutional Convention – in which the members are elected
by qualitied voters.
c. Electorate or the qualified voters through popular initiative
STEPS FOR AMENDMENTS AND REVISION

First: There must be a proposal of amendments or revision

Proposal here means that contemplated changes are
formulated or expressed in a written statement.
 Second: Ratification or Approval of the People.
This ratification upholds the principle that “Sovereignty
resides in the people”
 THE CONTENT OF THE 1987 PHILIPPINE CONSTITUTION

• PREAMBLE
• ARTICLE I NATIONAL TERRITORY
• ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES
• ARTICLE III BILL OF RIGHTS
• ARTICLE IV CITIZENSHIP
• ARTICLE V SUFFRAGE
• ARTICLE VI THE LEGISLATIVE DEPARTMENT
• ARTICLE VII EXECUTIVE DEPARTMENT
THE CONTENT OF THE 1987 PHILIPPINE CONSTITUTION

• ARTICLE VIIIJUDICIAL DEPARTMENT

• ARTICLE IX CONSTIRUTIONAL COMMISSIONS
A. COMMON PROVISIONS
B. THE CIVIL SERVICE COMMISSION
C. THE COMMISSION ON ELECTIONS
D. THE COMMISSION AN AUDIT
• ARTICLE X LOCAL GOVERNMENT
GENERAL PROVISION
AUTONOMOUS REGIONS
 THE CONTENT OF THE 1987 PHILIPPINE
CONSTITUTION
• ARTICLE XI ACCOUNTABILITY OF PUBLIC OFFICERS
• ARTICLE XII NATIONAL ECONOMY AND PATRIMONY
• ARTICLE XIII SOCIAL JUSTICE AND HUMAN RIGHTS
LABOR
AGARARIAN AND NATURAL RESOURCES REFORM
URBAN LAND REFORM AND HOUSING
HEALTH
WOMEN
ROLE AND RIGHTS OF PEOPLE’S ORGANIZATIONS
HUMAN RIGHTS
THE CONTENT OF THE 1987 PHILIPPINE
CONSTITUTION
• ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY,
ARTS, CULTURE AND SPORTS
EDUCATION
LANGUAGE
SCIENCE AND TECHNOLOGY
ARTS AND CULTURE
SPORTS
• ARTICLE XV THE FAMILY
• ARTICLE XVI GENERAL PROVISION
• ARTICLE XVII AMENDMENTS OR REVISION
• ARTICLE XVIII TRANSITORY PROVISION
 CONCLUSION

The constitution is a written document. It would mean

nothing but a lifeless document unless people defend it
against people in government who will interpret it
differently. It symbolizes our unity as a people but does
not guarantee anything unless everybody upholds it in
time of peace or even in time of war.
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 the regime of truth,
justice, freedom, love, equality, and peace, do ordain and promulgate this
Constitution”
THANK YOU !!