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Constitution Document

The document summarizes the key aspects and evolution of the Philippine constitution. It defines a constitution as the body of rules that govern a state and establishes the relationship between the government and its people. The purposes of a constitution are to define the organization of government, determine the distribution of powers, establish principles of government operation, and define citizens' rights. The document then outlines the different types of constitutions and how they evolve over time, including through amendments. It provides details on seven significant constitutions in Philippine history, from the Biak-na-Bato Constitution of 1897 to the current 1987 Constitution.

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93 views3 pages

Constitution Document

The document summarizes the key aspects and evolution of the Philippine constitution. It defines a constitution as the body of rules that govern a state and establishes the relationship between the government and its people. The purposes of a constitution are to define the organization of government, determine the distribution of powers, establish principles of government operation, and define citizens' rights. The document then outlines the different types of constitutions and how they evolve over time, including through amendments. It provides details on seven significant constitutions in Philippine history, from the Biak-na-Bato Constitution of 1897 to the current 1987 Constitution.

Uploaded by

Agrammmm
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Constitution

- body of rules or precedents governing the affairs of a state.


- embodiment of of norms that regulate the relations of the government to its people.
- came from the Latin word constituo, which means “fixed, established and settled”.

Purposes of the Constitution

1. To define the organization of the government.


2. To determine distribution of government powers.
3. To establish principles governing the operation of government.
4. To define the rights of individual citizens.
5. To hold the state together.

Kinds of Constitution:

1. As to their origin and history


A. Conventional or enacted
- drafted and passed by a constituent assembly or granted by a sovereign to the people.
B. Cumulative or evolved
- product of a long history of usage by customs, traditions and judicial decisions rather than
by formal or deliberate enactment.

2. As to their form
A. Written
- granted by a ruler, or enacted by the legislature or framed by a constituent body and
ratified by the people.
B. Unwritten
- consists of customs, usages, legal, traditions, statutory legislation and is entirely the
product of political growth and development.

3. As to manner of amending
A. Rigid or Inelastic
- difficult to change or alter except by some special machinery more cumbrous than the
ordinary legislative process.

B. Flexible or Elastic
- easy to amend as it can be altered in the same way as other laws.

Essential Parts of Constitution (Dannug & Campanilla, 2004)

1. Constitution of Government
- provides the framework for the establishment of government by defining the powers of
government and assigning to executive, legislative and judicial branches of government.

2. Constitution of Liberty
- specifies the basic rights and freedoms of the people. These liberties serve as the people’s
protection against the abuses of the government.

3. Constitution of Sovereignty
- stipulates the manner by the people can exercise their sovereign power to approve, alter and
modify the fundamental law of the land.

Evolution of the Constitution:

1. Biak-na-Bato Constitution

- Emilio Aguinaldo establsihed his headquarters in Biak-na-Bato in the province of Bulacan.


- based on the Cuban Constitution
- drafted by Felix Ferrer and Isabelo Artacho
- signed on November 1, 1897

Supreme Council – the highest governing body of the Biak-na-bato Republic.


It also outlined certain basic human rights, such as:
◦freedom of religion
◦freedom of the press
◦right to education

Emilio Aguinaldo and Mariano Trias – were elected as supreme president and vice president
consecutively.

2. Malolos Constitution

- It was ratified on January 21, 1899.

- It is considered as the first democratic constitution in Asia where Emilio Aguinaldo became
the first official President of the Philippines.

- Felipe Buencamino and Felipe Calderon – drafted and wrote the constitution.

- It was drafted after the return of Aguinaldo from Hongkong and the failure of the Biak-na-
bato Government.

- This was planned after the Declaration of Independence on June 12, 1898 and after the results
of Treaty of Paris on December 10, 1898.

- Malolos, Bulacan – became the seat of newly created government.

3. 1935 Commonwealth Constitution

- It was written in 1934 which was approved and signed by President Franklin Roosevelt and
implemented in 1935.

- The constitution embarked on ambitious nation-building policies in preparation for economic


and political independence.

- The original constitution provides for a unicameral legislature and single six-year term for
the president.

- It was amended in 1940 composing of bicameral congress and a president having a 4-year
term.

4. 1943 Constitution

- It was ratified on September 4, 1943 by the KALIBAPI- a Japanese controlled National


Assembly led by Jose P. Laurel.

- This constitution provides a powerful Executive power and subordinate Legislative and
Judicial authority.

- The laws and regulations established were only applicable to towns and provinces in the
Philippines controlled by the Japanese.

- The constitution was established to appease Japanese invading the Philippines. (protectorate)

5. 1973 Constitution

- The Constitution was ratified on January 17, 1973.

- It provided a shift from a presidential form to a parliamentary system –the president serving
as a national symbol and for ceremonial functions.
- 1976- National Assembly was re-drafted by virtue of PD 1033 issued by President Ferdinand
Marcos.

- January 17, 1973- Pres. Marcos issued Proclamation No. 1102 certifying and proclaiming
that the 1973 Constitution has been ratified by the Filipino people and thereby was in effect.

- Prime Minister – exercises executive power assisted by the Cabinet members.

6. 1986 Provisional constitution

- It was ratified on March 25, 1986, promulgated by Pres. Corazon Aquino.

- It is also known as the Freedom Constitution, being provisional after the success of the
People Power Revolution.

- It declares a National policy that implements reforms mandated by the people, protecting
their basic rights, adopting a provisional constitution, and providing for an orderly
transition to a government under a new constitution.

- The main task of lawmakers was to draft a constitution that would hasten the return of
normal constitutional government.

7. 1987 Philippine Constitution

- It was ratified on February 2, 1987.

- It provides a presidential form of government, a bicameral legislature, a judiciary with


expanded powers, BILL OF RIGHTS with new civil and political rights, an economic,
social and cultural rights and a new commission called Commission on Human Rights
(CHR).

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