INTRODUCTION TO THE PHILIPPINE CONSTITUTION

TOPIC 4- POL GOV HUMSS 12

IntroductionEvery 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 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

Constitution defined:

What are the different kinds of laws made by the government?

National Laws - implemented throughout the

country- drafted by the congress- also called as Republic Acts Examples of National Laws:1. Tax Laws2. Local Government Code

- other laws implemented throughout the country are the ff.:

1. International Laws2. Laws coming from the President3. Laws administered by the

Supreme Court

•National Laws

Ordinances - passed by local government bodies in

provinces, towns, cities, etc. - implemented in LGU’s because they

are important to the communitiesExamples of Ordinances:1. Change in street name2. Color coding (esp. Metro Manila)

Barangay Orders - passed by Sangguniang Barangay - implemented in barangays- usually related to cleanliness, peace,

and orderExamples of Barangay Orders:1. Prohibiting noisy vehicles2. Designation of places where trash is

thrown

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)

Nature and Purposes

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 ConstitutionConstitution 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 ConstitutionConstitution 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 ConstitutionConstitution 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.

How will we classify the 1987 Constitution?

• The 1987 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 Philippines1) 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 Philippines2) 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 ConstitutionRatified 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

• ARTICLE I National Territory

• ARTICLE II Declaration of Principles and State Policies

• ARTICLE III Bill of Rights

• ARTICLE IV Citizenship (6)

• ARTICLE V Suffrage (5)

• ARTICLE VI Legislative Department (2)

• ARTICLE VII Executive Department (1)

• ARTICLE VIII Judicial Department (3)

• ARTICLE IX Constitutional Commissions

• ARTICLE X Local Government (4)

• ARTICLE XI Accountability of Public Officers

• ARTICLE XII National Economy and Patrimony

• ARTICLE XIII Social Justice and Human Rights

• ARTICLE XIV Education, Science and Technology, Arts, Culture and Sports

• ARTICLE XV The Family

• ARTICLE XVI General Provisions

• ARTICLE XVII Amendments or Revisions

• ARTICLE XVIII Transitory Provisional

Preamble• From Latin “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.

PreambleWe, 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.

Modified Collage

  0-1 2-3 3 4  Craftsmanship / use of materials

Students use one material/object available in the classroom.

Students use limited materials/objects available in the classroom.

Students appropriately utilize a small variety of materials/objects available in the classroom.

Students appropriately and creatively utilize a variety of materials/objects available in the classroom.

  ___x2 = /8

Originality/Creativity

Art work shows little or no evidence of originality, uniqueness, and creativity.

Art work shows some evidence of originality, uniqueness, and creativity.

Art work reflects originality, uniqueness, and creativity. 

Art work reflects a high level of originality, uniqueness and creativity. 

___x2 = /8

Cooperation Only one member is working for the output.

Only few members have contributed in the making.

Some members haven’t contributed.

All members have contributed in the making of the tower.

___x2 = /8

Message / Meaning

The output has no definite message.

The meaning/message of the output is vague.

The output delivers and supports the message

Clearly deliver and support the message.

___x2 = /8

Over-all impact

Output doesn’t have impact to the audience.

Output is a little bit attractive and captivating.

Output is attractive and captivating.

Output is extremely attractive and captivating.

___x2 = /8

MODIFIED COLLAGE RUBRIC

How was the Philippine Preamble reflected in your

modified collage?