The philippine constitution

The Philippine Constitution

What is the of a Constitution?o 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).

o Establish certain basic principles on which the government is founded. (Preamble, Art. I).

o Designed to preserve and protect the rights of the citizen against the Powers of the State. (Art III).


How supreme is a Constitution?o Serves as the supreme or fundamental law. 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.

o It is the Charter creating the government.

o It is binding to all individual citizens and all organs of the government.

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

o It is the test of the legality of all governmental actions.

o Supremacy of the constitution –all must bow to the mandates of the law.


What are the requisites of a good written Constitution?1) As to form, a good written constitution should be:

a. Brief. If the constitution is too detailed, it would lose the advantage of a fundamental law which in a few provisions outlines the structure of the government of the whole state and the rights of the citizens. It would probably never be understood by the public. Furthermore, it would then be necessary to amend it every once in a while to cover many future contingencies;

b. Broad. The 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; and

c. Definite. Because otherwise the application of its provisions to concrete situations may prove unduly difficult if not impossible. Any vagueness which may lead to opposing interpretations of essential features may cause incalculable harm. Civil war and the disruption of the state may conceivably follow from the ambiguous expressions in a constitution.


2) As to contents, it should contain at least three sets of provisions:

a. Constitution of government- That dealing with the framework of government and its powers and defining the electorate. This group of provisions has been called the;

b. Constitution of liberty- That setting forth the fundamental

rights of the people and imposing certain limitations on the powers of government as a means of securing the enjoyment of these rights. This group has been referred to as the; and

c. Constitution of sovereignty- That pointing out the mode or procedure for amending or revising the constitution. This group has been called the. Article XVII Amendments and Revisions belong to this category.


Advantage and Disadvantage of a Written Constitution

o 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 are more secured.

o 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.


Adoption of a ConstitutionOriginal Constitution

Adopted by the people of a newly established state.

Constitutional Amendment

In order to make it more responsive to the demands of the changing political environment.


What are the steps in amending a Constitution?1) Proposal of amendments by the proper

constituent assembly;a) By Congress, acting as a constituent assembly, by a 3/4

vote of all its members.b) By a Constitutional Convention, Congress may call a

ConCon by a 2/3 vote of all its members; or by a majority vote of all its members, Congress may submit to the electorate the question of whether to call a ConCon or not.

c) By the People through Iniative, Petition to propose such amendments must be

signed be at least 12% of ALL registered voters. Every legislative district represented by at least 3%

of the registered voters therein.LIMITATION: It cannot be exercised oftener than once

every 5 years.


2) Ratification- Valid when ratified by a MAJORITY of votes cast in a plebiscite.o Plebiscite is held not earlier than 60 days or later

than 90 days after the certification by COMELEC of the petition’s sufficiency.

Requisites of a valid ratification:• Held in a plebiscite conducted under the election law;• Supervised by the COMELEC; and• Where only franchised voters (registered) voters take part.


What are the kinds of Constitutional provisions?

1) Self- executing provision All provisions of the

constitution are self-executing The nature and extent of the

right conferred and the liability imposed are fixed by the constitution itself.

Unless it is expressly provided that a legislative act is necessary to enforce a constitutional mandate, the presumption now is that all provisions of constitutional are self executing.

2) Non self- executing provision

Some constitutions are merely declarations of policies.

Give the legislature discretion to determine when, or whether, they shall be effective, subordinated to the will of the law-making body.


The four Constitutions of the PhilippinesMalolos Constitution (1899) Commonwealth and Third Republic (1935)Martial Law Constitution (1973)Freedom Constitution (1986)


Malolos Constitution (1899) o The first republican constitution in Asia.

o It declared that sovereignty resides exclusively in the people, stated basic civil rights, separated the church and state, and called for the creation of an Assembly of Representatives to act as the legislative body.

o It also called for a Presidential form of government with the president elected for a term of four years by a majority of the Assembly.

o It was titled "Constitución política", and was written in Spanish following the declaration of independence from Spain, proclaimed on January 20, 1899, and was enacted and ratified by the Malolos Congress, a Congress held in Malolos, Bulacan.


Commonwealth and Third Republic (1935)

The 1935 Constitution Ratified on May 14, 1935Features: Established the Commonwealth Government. Provided a Democratic and Republican government Inclusion of the Bill of Rights


Martial Law Constitution (1973)

The 1973 Constitution Ratified on January 17, 1973Features: Establishment of a modified parliamentary government. Suspension of the Bill of Rights. Has given greater power to the Executive Department.


Freedom Constitution (1986)

The 1987 Constitution Ratified on February 2, 1987

Features: Reinstitution of a Democratic Government. Separation of Church and State. Sovereignty of the people. Renunciation of war as a national policy. Supremacy of Civilian authority over the military. Separation of Powers


"The Constitution is not an instrument for the government to

restrain the people; it is an instrument for the people to

restrain the government - lest it come to dominate our lives and

interests.“ -Patrick Henry

End… The Philippine Constitution

The philippine constitution

Education

Transcript of The philippine constitution