Beruflich Dokumente
Kultur Dokumente
Learning Objectives:
When you finish this lesson, you will be able to do the following:
1. Define constitution
2. Identify the different types of constitution
3. Determine the origin and sources of the Philippine constitution
4. Discuss the characteristics of a good written constitution
5. Describe the 1987 Philippine Constitution and its parts
Cummulative constitution
Introduction
Constitution defined
That body of rules and maxims in accordance with which the powers of
sovereignty are habitually exercised (Cooley, Constitutional Limitations).
Classified according to (1) origin and history (2) form and (3) manner of
amendment
2. Written or unwritten
A written constitution is embodied in one document or set of documents
while an unwritten constitution consists of rules which have not been
integrated into a single, concrete form but are scattered in various sources
(Cruz, Constitutional Law)
3. Rigid or flexible
A rigid constitution is one that can be amended only by a formal and usually
difficult process while a flexible constitution can be changed by ordinary
legislation (Cruz, Constitutional Law)
Constitution of the Philippines defined
That written instrument enacted by direct action of the people by which the
fundamental powers of the government are established, limited and defined,
and by which those powers are distributed among the several departments
for their safe and useful exercise for the benefit of the body politic (Malcolm,
Philippine Constitutional Law).
The 1987 Philippine Constitution may be classified as conventional or
enacted, written and rigid or inelastic.
Brief
It must focus on basic principles leaving details for the legislature to supply.
Broad
It must be comprehensive to provide for the organization of the entire
government, cover all persons and things within the territory of the State. It
must also cover any future contingencies.
Definite
It must prevent any vagueness or ambiguity in its provisions which may cause
incalculable harm.
Malolos Constitution
The Malolos Constitution was adopted by the Revolutionary Congress, held
during October and November 1898 in the village of Barasoain near the city
of Malolos. It took effect on Jan. 21, 1899. The constitution assigned to the
legislative body, a unicameral national assembly, full control over the
executive power (a president elected by the national assembly) and the
judicial system. The constitution provided for universal and direct elections,
the separation of church and state, compulsory and free education, and equal
legal status for the languages of all the Philippine nationalities. It precisely
delimited the rights of citizens. (Guber, 1961)
Organic Acts
Philippine Bill of 1902 created a bicameral legislature composed of the
Philippine Assembly and the Philippine Commission
1935 Constitution
The 1935 Constitution of the Philippines served as the fundamental law of
the land from 1935 to 1972. It establishes the Commonwealth of the
Philippines and provides that upon withdrawal of American sovereignty in the
country and the declaration of Philippine independence, said commonwealth
shall be known as the Republic of the Philippines. The Constitution
enumerates the composition, powers and duties of the three branches of
government (the Executive, Legislative and Judicial), creates the General
Auditing Office, and lays down the framework in the establishment of the civil
service in the country. The Constitution vests the President with the veto
power on legislative bills and emergency powers in times of war and other
national emergencies. Also, the Constitution adopts the Regalian Doctrine or
the Principle of State ownership for all its natural wealth and provides for the
proper utilization of such wealth by its citizens. (Javier and Nera,
Filipiniana.net)
1973 Constitution
The 1973 Constitution as amended, consists of a preamble and 17 articles,
contains three essential parts: Part I) constitution on liberty in Articles II, III,
IV, and VI; Part 2) constitution on government, which contains provisions on
the organization and powers of the government (Arts. VII to XII); and Part 3)
the constitution on sovereignty, which enumerates the manner by which
changes in the constitution may be instituted (Art. XVI). The Constitution
provides for a [seemingly] parliamentary form of government, where the
President is the symbolic head of state and the Prime Minister is the head of
government. The Prime Minister, who is nominated by the President, acts as
head of the Cabinet. Legislative power is vested in the Batasang Pambansa.
It also provides for the establishment of the Civil Service Commission, the
Commission on Elections, and the Commission on Audit.
On 22 September 1976, Pres. Ferdinand Marcos issued Presidential Decree
No. 1033 which proposed certain amendments to the 1973 Constitution.
These proposals were later ratified and included in the 1973 Constitution.
The amendments provide for the replacement of the National Assembly with
the Batasang Pambansa; it also states that the incumbent President of the
Philippines shall be the Prime Minister, and shall continue to exercise both
executive and legislative powers until Martial Law is lifted. (Vera,
Filipiniana.net)
1987 Constitution
Pres. Corazon C. Aquino through Proclamation No. 9, issued on 23 April
1986, orders the convening of a Constitutional Commission to draft a
constitution that will replace the 1973 Constitution. The members of the
Constitutional Commission (ConCom) were appointed on 26 May 1986 and
on 2 June, the ConCom, headed by Cecilia Muñoz-Palma, commenced its
sessions at the Batasang Pambansa in Quezon City. The ConCom
completed their task on 12 October 1986 and presented the draft constitution
to Pres. Aquino on October 15. After a period of nationwide information
campaign, a plebiscite for its ratification was held on 2 February 1987. An
overwhelming 17,059,495 voted to ratify the constitution while 5,058,714
voted against it. On 11 February 1987, the New Constitution was proclaimed
ratified and in effect. On that same day, President Aquino, the other
government officials, and the military pledged allegiance to the New
Constitution. (Javier, Filipiniana.net)
Steps in the amendatory process include (1) proposal and (2) ratification.
Constitution of Government
provisions dealing with the framework of the government, enumerating its
powers, laying down certain rules relative to its administration and defining
the electorate (Example: Article VI, VII, VII and XI etc.)
Constitution of Liberty
prescriptions setting forth the fundamental rights of the people and limiting
the powers of the government as a means of securing the enjoyment of these
rights. (Example: Article III etc.)
Constitution of Sovereignty
series of provisions pointing out the mode or procedure for amending or
revising the constitution (Example: Article XVII etc.
Exercises:
1. Discuss the advantages and disadvantages of a written, conventional and
inelastic constitution
Answer:
Systematic method
Democratic Method
Disadvantages of Conventional Constitution:
"The Chairman and the Commissioners shall be appointed by the President with the
consent of the Commission on Appointments for a term of seven years without
reappointment. Of those first appointed, the Chairman shall hold office for seven years,
one Commissioner for five years, and the other Commissioner for three years, without
reappointment. Appointment to any vacancy shall be only for the unexpired portion of
the term of the predecessor. In no case shall any Member be appointed or designated
in a temporary or acting capacity."
In RBH 8, the phrase "more perfect society" would be replacing "a just and
humane society." The new phrase is similar to that of the United States Constitution,
where "more perfect Union" is used.
RBH 8
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a
more perfect society and establish a federal form of 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 of the Federal Republic of the
Philippines.
PDP-Laban
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 a regime of truth, justice, freedom, love, equality, and peace,
do ordain and promulgate this Constitution of the Federal Republic of the Philippines.
House subcommittee
The word "love" is removed, "because it has no place in a Constitution."
"Federal Republic of the Philippines" is used.
The phrase "competent and reliable federal form of Government" is inserted.
4. Defend any mode of changing the constitution and discuss its necessity,
beneficiality and practicability
Answer:
The 1987 Constitution (Article XVII) provides for three modes of changing the
Constitution:
The country that we live in is changing in a fast pace and it should be revised according
to what the society needs. More people would show support to the government if they
can see how understanding they are to the citizens.