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II. THE PHILIPPINE CONSTITUTION o A Rigid Constitution is one that can be amended
only by a formal and usually difficult
process;
1. Constitution defined. o A Flexible Constitution is one that can be
changed by ordinary legislation
• That body of rules and maxims in accordance
with which the powers of sovereignty are In 1987 Philippine Constitution it is written,
habitually exercised conventional (enacted) and rigid.
Written- since it is documents
2. Purpose.
• To prescribe the permanent framework of a Conventional (Enacted) – there are process
system of government Rigid – took longer time
• to assign to the several departments their
respective powers and duties, and 4. Qualities of a good written Constitution:
• to establish certain first principles on which a) Broad.
the government is founded - Not just because it provides for the
organization of the entire government and
3. Classification: covers all persons and things within the
a) Written or unwritten. territory of the State but because it must
be comprehensive enough to provide for
o A written constitution is one whose precepts every contingency.
are embodied in one document or set of
b) Brief.
documents;
- It must confine itself to basic principles
o Unwritten constitution consists of rules which to be implemented with legislative details
have not been integrated into a single, more adjustable to change and easier to
concrete form but are scattered in various amend.
sources, such as statutes of a fundamental c) Definite.
character, judicial decisions, commentaries of
- To prevent ambiguity in its provisions which
publicists, customs and traditions, and certain
could result in confusion and divisiveness
common law principles
among the people
b) Enacted (Conventional) or Evolved
5. Essential parts of a good written
(Cumulative).
Constitution:
o A conventional constitution is enacted, a) Constitution of Liberty.
formally struck off at a definite time and
- The series of prescriptions setting forth
place following a conscious or deliberate
the fundamental civil and political rights
effort taken by a constituent body or ruler; of the citizens and imposing limitations on
o A cumulative constitution is the result of the powers of government as a means of
political evolution, not inaugurated at any securing the enjoyment of those rights,
specific time but changing by accretion rather e.g., Art. III.
than by any systematic method b) Constitution of Government.
c) Rigid or Flexible. - The series of provisions outlining the
organization of the government,
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enumerating its powers, laying down Batas Tydings Mcduffie – Commonwealth
certain rules relative to its administration, Governments after 10 years magkakaroon
and defining the electorate, e.g., Arts. VI, ng independence
VII, VIII and IX. • 1935 constitution happened
c) Constitution of Sovereignty.
• The Japanese (Belligerent) Occupation
- The provisions pointing out the mode or
procedure in accordance with which • Walang Japanese constitution na nangyare
formal changes in the fundamental law • 1973 under the rule of Ferdinand Marcos
may be brought about, e.g., Art. XVII. • Freedom constitution
• The 1987 Constitution
6. Interpretation/Construction of the
Constitution. AMENDMENT VS REVISION
a) In Francisco v. House of Representatives, G.R. • Revision broadly implies a change that alters
No. 160261, November 10, 2003, the Supreme a basic principle in the Constitution, like
Court made reference to the use of well- altering the principle of separation of
settled principles of constitutional powers or the system of checks and
construction, namely: balances. There is also revision if the change
First, verba legis or plain meaning rule alters the substantial entirety of the
- Whenever possible, the words used in the Constitution.
Constitution must be given their ordinary • On the other hand, amendment broadly refers
meaning except where technical terms are to a change that adds, reduces, deletes,
employed. without altering the basic principle involved.
• Revision generally affects several
Second, ratio legis est anima or interpretation provisions of the Constitution; while
according to the spirit
• Amendment generally affects only the
- The words of the Constitution should be specific provision being amended.
interpreted in accordance with the intent
of the framers. Example:

Third, ut res magis valeant quam pereat Revision – Instead of able to read and write sa
- The Constitution has to be interpreted as pagboto, papalitan ng college student na
a whole Substantial element yung able to read and write

b.) SELF- EXECUTING PROVISION REVISION – The entirety of the law will be
- Mga batas na hindi na kailangan ng ibang affected
article or batas para magamit sa court AMENDMENT – Hindi maapektuhan kalahatan ng
- Example:Bill of Rights , Article 2 section 26 batas
Revision - Law na bawal magsuot ng red,
nagpropose ang mambabatas ng sinabi na pede
• The Malolos Constitution- First Constitution
magsuot ng red pero dapat 7pm – 12pm
• The American Regime and the Organic Acts -
Jones Law- which aims to free the Philippines
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AMENDMENT – COMELEC, instead sa school ang ELEMENT OF A STATE
venue gagawin sa simbahan ang election (dahil
1. People
pagbobotohan lang naiba)
- Inhabitants
Dec namove ng May- amendment, date lang nagiba - Citizens
- Electors
2. Territory
A. Definition of a State - The National Territory
A community of persons, more or less - Comprise of components of nation
numerous, permanently occupying a definite territory : Terrestrial, fluvial, and aerial
portion of territory, independent of external domain
control, and possessing a government to which a - Philippine Archipelago
great body of inhabitants render habitual
- Archipelagic Doctrine
obedience.
“The waters around, between, and
1. Distinguished from Nation. State is a legal or connecting the islands of the archipelago,
juristic concept, while nation is an ethnic or racial regardless of their breadth and
concept. dimensions, form part of the internal
2. Distinguished from Government. Government is waters of the Philippines”
merely an instrumentality of the State through - ABCI - The water around, between, and
which the will of the State is implemented and connecting, islands to the Philippines
realized. (Philippine is consider as one single unit
or one single integral unit)
STATE- Other geopolitical 3. Government
NATION – geosociocutural - Element of a state
- Agency where the will of the people or
Mas malawak ang nation kesa sa state state is formulated, expressed and
Example: realized.
- Doctrine of Parens Patriae
Arab Nation – composed with different state Literally, parent of the people. As
- They shared common ancestry such, the Government may act as guardian
of the rights of people who may be
STATES: people disadvantaged or suffering from some
disability or misfortune.
Territory
- Government act as a father to all its
Government citizen
Sovereignty - Under ng police power
4. Sovereignty
GOVERNMENT- element ng state
- agency where the will of all is being - means Malaya
manifest - Wala sa control ng ibang bansa
- we cannot be subject or interfere in
other country
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The inherent powers of the State are:

a. Police Power
b. Power of the Eminent Domain
Requisites for exercise:
1. Necessity
2. Private Property
3. Taking in the constitutional sense
4. Public use
5. Just compensation
c. Power of Taxation
- Imposed charges against its citizen
- Gobyerno maaring kumuha sa parte ng
kanyang pamayanan
- Limitations:
o Due process of law – tax should not
be confiscatory
o Equal protection clause– equitable
o For public purpose
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THE 1987 CONSTITUTION
depensa sa korte?
PREAMBLE - No, since it is just a preparatory
“We, the sovereign Filipino people, imploring the statement.
aid of Almighty God, in order to build a just and
humane society, and establish a Government that Purpose of Preamble
shall embody our ideals and aspirations, promote - Sets what are the scope of the
the common good, conserve and develop our constitution
patrimony, and secure to ourselves and our - Who are the author of the constitution
posterity, the blessings of independence and
democracy under the rule of law and a regime of 1973 CONSTITUTION
truth, justice, freedom, love, equality, and peace,
do ordain and promulgate this Constitution.” PREAMBLE
“ We, the sovereign Filipino people, imploring the
Author of the Constitution aid of Divine Providence, in order to establish a
- Sovereign Filipino People Government that shall embody our ideals,
promote the general welfare, conserve and
Scope and Purpose of Constitution develop the patrimony of our Nation, and secure
- to build a just and humane society, and to ourselves and our posterity the blessings of
establish a Government that shall embody democracy under a regime of justice, peace,
liberty, and equality, do ordain and promulgate
our ideals and aspirations, promote the
common good, conserve and develop our this Constitution.”
patrimony, and secure to ourselves and Difference between 1973 and 1987 Preamble
our posterity, the blessings of
independence and democracy under the Almighty God (1987) - Almighty God is more
rule of law and a regime of truth, justice personal and more consonant with the
personalists Filipino religiosity
freedom, love, equality, and peace
Divine Providence (1973)
Preamble – comes from the word Preambulare or
Common Good (1987) – nakabubuti sa lahat
Preambulus means to walk before or walking
before General Welfare (1973) – nakabubuti sa
nakararami
What is Preamble?
ARTICLE 1
- It is NOT a source of light. It is thus a
source of light THE NATIONAL TERRITORY
Pwede ba tanggalin ang preamble? “The national territory comprises the Philippine
archipelago, with all the islands and waters
- Yes, because it would not affect the whole embraced therein, and all other territories over
constitution since it is just a preparatory which the Philippines has sovereignty or
statement jurisdiction, consisting of its terrestrial, fluvial
and aerial domains, including its territorial sea,
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the seabed, the subsoil, the insular shelves, and INTERNAL WATERS OF THE PHILIPPINES
other submarine areas. The waters around,
between, and connecting the islands of the • It did not follow the traditional basis of
archipelago, regardless of their breadth and determining the country’s boundaries
dimensions, form part of the internal waters of • Archipelagic Doctrine – considered as one
the Philippines.” integrated unit
• ABCI – Around, between, connecting, islands
• The definition of national territory is usually
of the archipelago
not found in the constitution of other
countries TERRITORIAL DISPUTES
• The framers of our constitution strongly Do we have the right to stop China from building
believe that we must know our territory to man islands and from fishing in our area?
avoid territorial disputes with other country
• It comprises of the following: - Yes, China didn’t have an agreement with
o The Philippine Archipelago the Philippines
o All other territories over which the -
Philippines has sovereignty or jurisdiction
UNCLOS – United Nations Convention on the Law
o Internal Waters
of the Sea
THREE COMPONENTS OF THE NATIONAL
TERRITORY The constitution for the world’s oceans and
seas
• Terrestrial Domain- refers to the land
whether agricultural land, forest or timber, Maritime Zones
mineral parks and natural parks - Determine of countries maritime territory
• Fluvial Domain- refers to the internal and - From the seizure of the Philippines, we
external waters under the sovereignty or measure 12 nautical miles to determine its
jurisdiction territorial waters
• Aerial Domain - refers to the airspace above - Innocent Passage is allowed, this means
the land and water excluding the Odyssey that foreign vessels can enter as long as
OTHER AREAS INCLUDED IN PHILIPPINE they will be pain from engaging in
ARCHIPELAGO prohibited activities such as clapping
testing, spying, smuggling, serios pollution,
• Territorial Sea – 12nm from the low water fishing or scientific research from
mark - the edge of the territorial sea we
• Seabed – Bottom of the sea measure 24nautical miles to determine
• Subsoil – Everything beneath the soil the contigious zone, the Philippines may
• Insular shelves – parts of the island that exercise control to prevent unpunished
remain underwater infringement of its custom fiscal,
immigration or sanitary laws and
• Other submarine areas – Other areas under
regulation within its territorial sea
the territorial sea
- Extending up to 200 nautical miles
(Exclusive Economic Zone) also known as
Deep, in this zone ships and submarines
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from other country can freely travel
without any permission. However this is
under the constitution that they are just
passing by and not taking any resources
under the UNCLOS the Philippines has no
sovereignty and only sovereign rights
over EZZ
- We don’t entirely own the EZZ, we only
have sovereign rights
- The sovereign rights allow the Philippines
to control all economic resources, within
its exclusive economic zone including
fishing, mining and managing resources
- According to UNCLOS, we can share our
EZZ with other states in 2 conditions:
1. Foreign States must abide the laws of
the state allowing access to its EZZ
2. There must be an abundant amount of
resources