Book:

Constitutional Structure and Powers of

Government
Class: Constitutional Law I
Topic: Introduction

INTRODUCTION
Philippine Constitutionalism, Birth Pangs, and Traumatic
Growth

I. Early Organic Acts

A constitution is a written instrument by which the fundamental
powers of the government are established, limited, and defined,
and by which these powers are distributed among several
departments, for their more safe and useful exercise, for the
benefit of the body politic. It is the supreme written law of the
land. It is both a grant and limitation of governmental authority.

Classification According to Norms of Governmental Action

1. Normative Constitution norms direct governmental
action and government habitually adjusts to its actions.
2. Nominal Constitution cannot yet be fully operative
because of existing socio-economic conditions. Its value
is educational. It points towards the mature state to
which a fledging polity must grow.
3. Semantic Constitution The primary purpose of a
constitution is to limit power but this does the opposite.
It is a tool for the perpetuation of power in the hands of
power holders.

Constitution may be divided into three parts:

1. Constitution of government provisions that set up
government structure
2. Constitution of liberty provisions that provide
individual fundamental liberties against government
abuse.
3. Constitution of Sovereignty provisions that outline the
process whereby the sovereign people may change the
constitution

The Constitution is what the judges say it is. Judicial review
involves the power and duty on the part of the Court of
pronouncing void any such act which does not square with its
own reading of the constitutional instrument.

Philippine Constitution grew from organic documents enacted
by the US government:
1. President McKinleys Instructions to the Second
Philippine Commission
2. The Philippine Bill of 1902
3. The Philippine Autonomy Act of 1916

Tydings McDuffie Law provided for the established of a
Commonwealth government to be established under a
constitution drafted and ratified by the Filipino people.

II. The 1935 Constitution

The Constitutional Convention met on July 30 1934 until
February 8 1935. On March 3 1935, the President of the US
approved the draft. On May 14 1935, it was ratified by the

Filipinos. On November 15, 1935, the Commonwealth

government was created.

III. The 1973 Constitution

The 1971 Constitutional Convention began on June 1 1971.
However, martial law was announced on September 21 1972.
On November 29 1972, the Convention approved its draft. On
November 30 1972, the President issued Presidential Decree No.
73 and set the date for the plebiscite on January 15 1973. This
was postponed. Oh January 17, 1973, by Proclamation No. 1102,
the proposed constitution was ratified by members of the
Citizens Assembly. On March 31 1973, the Supreme Court ruled
that there is no further judicial obstacle to the new Constitution
being considered in force and effect (Javellana v. Executive
Secretary).

In 1976, the Constitution was amended to give birth to the
interim Batasang Pambansa, a legislative body which functioned
no better than as a rubber stamp for the will of the President. In
1981, the Constitution was amended again to give way to a
regular Batasang Pambansa.

IV. The Freedom Constitution

Elections were held on February 8 1986. On February 15,
Batasan Pambansa declared Marcos the winner. On February 22
1986, Juan Ponce Enrile (Minister of National Defense) and Fidel
Ramos (Vice Chief of Staff General) revolted. They would have
lost but were backed up the civilians.

On February 25 1986, Cory was declared first woman president

of the Philippines. She turned her back on the Batasan Pambansa
and the 1973 Constitution and instead through Proclamation No.
3, established the Freedom Constitution.

V. The 1987 Constitution

Article VI of Proclamation No. 3 provided the conditions for the
establishment of the new Constitution. The 1986 Constitutional
Convention convened on June 1 1986 and finished on October
15 1986. On Feb 2 1987, the Constitution was ratified by the
plebiscite. The government has fought against coups and
although there has been informal debates about changing the
constitution, it still remains to be the same today.