MODULE 5 CONCEPT OF THE CONSTITUTION & THE CONSTITUTION OF THE

REPUBLIC OF THE PHILIPPINES

I. Overview
The learners will have further knowledge on the Concept of the Constitution, the
Constitution of the Philippines & its Evolution.

II. Objectives
1. Define Constitution;
2. Identify the Nature & Purposes of the Constitution;
3. Define Constitutional Law;
4. Identify the several kinds of constitution and its elements;
5. and Discuss the Evolution of the Philippine Constitution.

III. Content Outline

Concept of the Constitution
Constitution- refers to that body of rules and principles in accordance with which the powers of
sovereignty (supreme power & authority) are regularly exercised. As thus defined, it covers both
written & unwritten constitutions.
Constitution of the Philippines – it may be defined as that written instrument by which the
fundamental powers of the government are established, limited and defined and by which these
powers are distributed among the several departments or branches for their safe and useful
exercise for the benefit of the people.
Nature & purpose or function of constitution
1) Serves as the supreme or fundamental law- a constitution is the charter creating the
government. 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.
2) Establishes the basic framework and underlying principles of government- the
constitution is also referred to as the organic or basic law being relating to the law by
virtue of which the government exists as such.
3) Designed to protect the basic rights of the people- the constitution is primarily designed
to preserve and protect the rights of individuals against the arbitrary actions of those in
authority.
Constitutional Law- may be defined as that branch of public law which treats of constitutions,
their nature, formation, amendment and interpretation.
- It refers to the law embodied in the constitution as well as the principle growing out
of the interpretation and application made by courts (particularly the SUPREME
COURT, being the court of last resort) of the provisions of the constitution in specific
cases. Thus, the Philippine Constitution itself is brief but the law of the constitution
lies scattered in thousands of Supreme Court decisions.
Kinds of Constitution
1) As to their origin and history:
a. Conventional or enacted- one which is enacted by a constituted assembly or granted
by a monarch to his subjects like the Constitution of Japan in 1889 and
b. Cumulative or evolved- like the English Constitution, one which is a product of
growth or a long period of development originating in customs, traditions, judicial
decisions etc. rather than from a deliberate and formal enactment.
2) As to their form:
a. Written- one which has been given definite written form at a particular time, usually
by a specially constituted authority called a constitutional convention and
b. Unwritten- one which is entirely the product of political evolution, consisting largely
of a mass of customs, usages and judicial decisions together with a smaller body of
statutory enactments of a fundamental character, usually bearing different dates.
3) As to manner of amending them:
 a. Rigid or inelastic- one regarded as document of special sanctity which cannot be
amended or altered except by some special machinery ore cumbrous than the ordinary
legislative process and
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.

Kinds or Element of a good written constitution

1) As to form, a good written constitution should be:
a. Brief- because if a constitution is too detailed it would lose the advantage of a
fundamental law which 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- 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 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 ambiguous expressions
in a constitution.
2) As to contents, it should contain at least 3 three sets of provisions:
a. That dealing with the framework of government, its structure and powers and
defining the electorate. This group of provisions has been called the constitution of
government;
b. That setting forth the fundamental rights. This group has been referred to as the
constitution of liberty;
c. That pointing out the mode or procedure for amending or revising the constitution.
This group has been called the constitution of sovereignty.
CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
The 1935 Constitution
Framing and ratification- Briefly stated the steps which led to the drafting and adoption of the
1935 constitution are as follows:
a. Approval on March 24. 1934 by President Franklin Roosevelt of the Tydings-
McDuffie Law, otherwise known as the Philippine Independence Act, enacted by the
US Congress authorizing the Philippine Legislature to call a constitutional convention
to draft a constitution of the Philippines;
Amendments- The 1935 Constitution had been amended three times. Among these are:
a. Hat establishing a bicameral legislature;
b. That allowing the re-eligibility of the President and Vice President for second four (4)
year term;
c. That creating a separate commission on elections:
d. The so-called Parity Amendment which gave to American Citizens equal right with
the Filipinos in the exploitation of our natural resources and the operation of public
utilities.
Women Suffrage- this issue was settled in a plebiscite held on April 30, 1937 when 447,
725 women voted YES and 44,307 voted for NO. This paved way for women to vote.
The 1973 Constitution
Framing- The experience of more than three decades as a sovereign nation had revealed flaws
and inadequacies in the previous constitution.
 Constituent Assembly or Barangays- were used to gather votes in order to change the
1935 Constitution to 1973 Constitution. 95% of the members of the constituent assembly were in
favor of the new constitution.
Amendments
a. That making the then incumbent President, the regular President and regular Prime
Minister;
b. That granting concurrent law-making powers to the President which latter exercised
even after the lifting of Martial Law in 1981;
c. That establishing a modified parliamentary form of government;
d. That permitting natural born citizens who have lost their citizenship to be transferees
of private land, for use by them as residence;
e. That allowing the grant of lands of the public domain to qualified citizens and
f. That providing for urban land reform and social housing program,
The 1987 Constitution
Framing and ratification- The 1987 Constitution was drafted by a Constitutional Commission
created under Article V of Proclamation No. 3 issued on March 25. 1986 which promulgated the
Provisional Constitution or the Freedom Constitution.
Basic Principles underlying the new constitution
The 1987 Constitution is founded upon certain fundamental principles of government
which have become part and parcel of our cherished democratic heritage as a people.
Among these principles as contained in the new constitution are the following:
1. Recognition of the aid of Almighty God
2. Sovereignty of the people;
3. Renunciation of war as an instrument of national policy;
4. Supremacy of civilian authority over the military;
5. Separation of church and state;
6. Recognition of the importance of the family as a basic social institution and of the vital
role of the youth in nation building;
7. Guarantee through suffrage;
8. Separation of Powers;
9. Government through suffrage;
10. Independence of the judiciary
11. Guarantee of local autonomy;
12. High sense of public service morality and accountability of public officers;
13. Nationalization of Natural resources and certain private enterprises affected with
public interest;
14. Non-suitability of the State;
15. Rule of Majority;
16. Government of laws and not of men.
ACTIVITY FOR MODULE 5
Kindly answer the following questions, BRIEFLY:
1) What do you think is the importance of having a Constitution?
2) Why do you think it is important that Civilians are powerful than the military forces?
3) Explain, GOVERNMENT OF LAWS & NOT OF MEN.
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