The Philippine

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”
 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)
 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.
Development of the
Philippine Constitution
First Philippine
Malolos Constitution
Constitution

Commonwealth
1935 Constitution Constitution

1973 Constitution Bagong Lipunan

Freedom
1987 Constitution Constitution
Constitution of the
Republic of the Philippines
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
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
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 our 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.
THANK YOU!