INTRODUCTION

(PHILIPPINE CONSTITUTION)

TABLE OF CONTENTS
INTRODUCTION
1. THE STUDY OF POLITICAL SCIENCE 2. CONCEPTS OF STATE AND GOVERNMENT 3. THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION 4. CONCEPT OF CONSTITUTION 5. CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

PREAMBLE ARTICLE 1: NATIONAL TERRITORY

I. THE STUDY OF POLITICAL SCIENCE

What is political science?
o Political Science is the systematic study of the state and government. o Political - Greek word polis (a city) or what today would be equivalent of sovereign state. o Science - Latin word scire (to know) 1. The science of politics, therefore, has, as its formal object, a basic knowledge and understanding of state and the principles and ideas which underlie its organization and activities.

2. It is primarily concerned with the association of human beings into a body politic, or a political community (one organized under government and law). 3. As such, it deals with those relations among men and group which are subject to control by the state, with the relations of men and group to the state itself, and with the relations of the state to other states.

I. THE STUDY OF POLITICAL SCIENCE

Scope of Political Science
1. Political theory- The entire body of doctrines relating to the origin, form, behavior, and purpose of the state are dealt with the study of political theory. 2. Public law- the following are handled in the study of public law: a. organization of governments b. the limitation upon government authority, c. the powers and duties of governmental offices and officers d. the obligations of the one to another Other courses:
- constitutional law - administrative law - international law

I. THE STUDY OF POLITICAL SCIENCE

Scope of Political Science cont. 3. Public administration - In the study of public administration, attention is focused upon the methods and techniques used in the actual managment of state affairs by executive, legislative, and judicial branches of government. As the complexity of government activities grows, the traditional distinctions among the powers of these branches become even less clear-cut.

I. THE STUDY OF POLITICAL SCIENCE

Interrelationship with other branches of learning
1. History - The political scientist frequently adopts a historical approach employs knowledge of the past when he seeks to interpret present and probable developments in political phenomena. 2. Economics - The political scientist regularly adopts an economic approach when seeking to interpret such matters as public financial policies and government regulation of business. 3. Geography - Geopolitics indicates one approach which a political scientist frequently must adopt to help explain such phenomena as the early growth of democracy in Great Britain and the United States and its retarded growth in certain Continental Europe, and the rise of authoritarians governments in developing countries.

I. THE STUDY OF POLITICAL SCIENCE

4. Sociology and anthropology- the political scientist, the sociologist and the anthropologist are all deeply concerned with the origins and nature of social control and governmental authority, with the abiding influences of race and culture upon society, and with the pattern of collective human behavior. 5. Psychology- The political scientist as well as the psychologist promotes studies of the mental and emotional processes motivating the political behavior of individuals and group. 6. Philosophy- from the concepts and doctrines of Plato, Aristotle and Locke. The political scientist considers the branch of philosophy called ethics, too, when he contemplates the moral background of proposed changes in social legislation.

I. THE STUDY OF POLITICAL SCIENCE

7. Statistics and logic - The political theorist must possess a broad scientific background and a knowlrdged of current political problems, and he must employ scientific methods in gathering and evaluating data and in drawing conclusions. These involve a proper application of statistical procedures for the quantitative measurement of social phenomena and of logical procedures for the analysis of reasoning. 8. Jurisprudence - This branch of public law is concerned with the analysis of existing legal systems and also with the ethical, historical, sociological, and psychological foundations of law. A comprehension of the nature of law and of the statutes enacted by legislatures is indespensable to the theorist.

I. THE STUDY OF POLITICAL SCIENCE

Function and importance of political science
The function of political science is to discover the principles that should be adhered to in public affair and to study the operations of government in order to demonstrate what is good, to criticize what is bad or inefficient, and to suggest improvements. Its findings and conclusions may be of immense practical use to constitution-maker, legislators, executives, and judges who need models or norms that can be applied to immediate situations. The study of political science deals also with problems of social welfare, governmental economic programs, international cooperation, and a wide range of other matters that are urgent concern to public officials and to private citizens.

I. THE STUDY OF POLITICAL SCIENCE

Goal in the study of political science courses 1. Education for citizenship- primary objective of the political science curriculum is education for citizenship. The operation of students for careers in politics, law, teaching, the civil service, and the foreign service is secondary to the task of equipping them to discharge the obligations of democratic citizenship, which grow constantly heavier in the modern world. 2. Essential parts of liberal education- Most political science courses should be reviewed as essentials parts of the liberal education, bearing no materialistics price tag and promising no job security. Such shop-worn adjectives as practical and cultural have no relevance here. Intelligent, responsible citizenship can save democracy; ignorance and negligence can lose it.

I. THE STUDY OF POLITICAL SCIENCE

3. Knowledge and understanding of government Political science seeks to gather and impart this knowledge and understanding. The good citizen who behaves himself and votes regularly is no longer enough. He must know how his goverment really operates, what interest and forces are behind particular policies, what the results of such policies are likely to be, what his right and obligations are, who his elected representatives are, and what they stand for.

II. CONCEPTS OF STATE AND GOVERNMENT

What is state?
A state is a community of persons more or less numerous , permanently occupying a definite portion of teritory, having a government of their own to which the great body of inhabitants render obedience, and enjoying from external control.

Elements of state
1. People- This refers to the mass of population living within the state. 2. Territory- It includes not only the land over which the jurisdiction of the state extends, but also the rivers and lakes therein, a certain area of the sea which abuts upon its coasts and the air space above it. Thus, the domain of the state may be described as terrestrial, fluvial, maritime, and aerial.

II. CONCEPTS OF STATE AND GOVERNMENT

3. Government- It refers to the agency through which the will of the state is formulated, expressed and carried out. The word is sometimes used to refer the person or aggregate of those persons in whose hand are placed for the time being the function of political control. 4. Sovereignty- The term may be defined as the supreme power of the state to command and enforce obedience to its will from people within its jurisdiction and corollarily, to have freedom from the foreign control.
a. Internal or the power of the state to rule within its territory

b. external or the freedom of the state to carry out its activities without subjection to or control by other states. External sovreignty is ofen reffered to as independence.

II. CONCEPTS OF STATE AND GOVERNMENT

Origin of states There are several theories concerning the origin of states, among which are: 1. Divine right theory- It holds that the state is of divine creation and the ruler is ordained by God to govern the people. 2. Necessity or force theory- It maintains that states must have been created through force, by some great warriors who imposed their will upon the weak. 3. Paternalistic theory- It attributes the origin of states to the enlargement of the family which remained under the authority of the father or mother. 4. Social and contract theory- It asserts that the early states must have been formed by deliberate and voluntary compact among the people to form a society and organize government for their common good.

II. CONCEPTS OF STATE AND GOVERNMENT

State distinguished from nation

1. The state is a political concept, while nation is an ethical concept. A nation is a group of people bound together by certain characteristics such as common social origin, language, customs, and traditions, and who believe they are one and distinct from others. 2. A state is not subject to external control while a nation may or may not be independent of external control. 3. A singles state may consists of one or more nations or people and conversely, a single nation may be made up of several states.

II. CONCEPTS OF STATE AND GOVERNMENT

State distinguished from government In common speech, they are usually regarded as identical. As ordinarily, the acts of the government (witihin the limits of the delegation of powers) are the acts of the state, the former is meant when the latter is mentioned, and vice versa. The government is only the agency through which the state expresses its will. A state cannot exist without a government, but it is possible to have a government without a state. Thus, we had various governments at different periods of our history from pre-Spanish times to present. There was no Philippine state during those periods when we were under foreign domination. A government may change, its form may change, but the state, as long as its essentials elements are present, remain the same.

II. CONCEPTS OF STATE AND GOVERNMENT

Purpose and necessity of government 1. Advancement of the public welfare- Government exists and should continue to exists for the benefit of the people governed. It is necessary for the protection of society and members, the security of persons and property, the administration of justice, the preservation of the state from external danger, and the advancement of the physical, economic, social and cultural well-being of the people. 2. Consequence of absence- Government exists to do these things which by their very nature, it is better equipped to administer for the public welfare than any private individual or group of individuals.

II. CONCEPTS OF STATE AND GOVERNMENT

Forms of government 1. As to number of person exercising sovereign powers a. Monarchy or one in which the supreme and final authority is in the hands of a single person without regard to the source of his election or the nature or duration of his tenure. Absolute monarchy or one in which the ruler rules by divine right. Limited monarchy or one in which the ruler rules in accordance with a constitution. b. Aristocracy or one in which political power is exercised by a few by a few privileged class which is known as an aristocracy or oligarchy.

II. CONCEPTS OF STATE AND GOVERNMENT

c. Democracy or one in which political power is exercised by a majority of the people. 1. Direct or pure democracy or one in which the will of the state is formulated or expressed directly and immediatele through the people in a masss meeting or primary assembly rather than through the meduim of delegates or representatives chosen to act for them. 2. Indirect, reprsentative, or republican democracy or one in which the will of the state is formulated and expressed through the agency of a relatively small and select body of persons chosen by the people to act as their representatives.

II. CONCEPTS OF STATE AND GOVERNMENT

2. As to extent of powers exercised by the central or national government. a. Unitary government or one in which the control of national and local affairs is exercised by the central or national government b. Federal government or one in which the powers of government are divided between two sets of organs, one for national affairs and the other for local affairs, each organ being supreme within its own sphere. The United States is a federal government.

II. CONCEPTS OF STATE AND GOVERNMENT

3. As a relationship between the executive and the legislative branches of the government. Parliamentary government or one in which the state confers upon the legislature the power to terminate the tenure of the office of the real executive. Presidential government or one in which the state makes the executive constitutionally independent of the legislature as regards his tenure and his policies and acts, and furnishes him with sufficient powers to prevent the legislature from trenching upon the sphere marked out by the constitution as executive independence and perogative.

III. THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION

The Pre-Spanish goverment 1. Unit of government. prior to the arrival of the Spaniards, the Philippines was composed of settlements or villages, each called barangay (consisting of more or less 100 families), named after balangay, a Malayan word meaning boat (thereby confirming the theory that the early Filipinos came to the Philippines in boats). Every barangay was virtually a state, for it possessed the four basic elements of statehood. At times, however, some barangays joined together as confederations mainly for the purpose of mutual protection against common enemies.

III. THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION

2. Datu. Each barangay was ruled by a chief called datu in some places, and rajah, sultan or hadji in others. He was its chief executive, law giver, chief judge, and militrary head. In the performance of his duties, however, he was assisted usually by a council of elders (maginoos) which serves as his advisers. One could be a datu chiefly by inheritance, wisdom, wealth, or by physical prowess. In form, the barangay was a monarchy with datu as a monarch 3. Social classes in the barangay. the people of the barangay were divided into four classes, namely: the nobility (maharlika), to which the datu belonged, the freemen(timawa), the serf (aliping namamahay), and slaves (aliping sagigilid).

III. THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION

4. Early laws. The early Filipinos had both written and unwritten laws. The written laws were promulgated by the datus. The two known written codes in the pre-Spanish era are the Maragtas Code which was said to have been written about 1250AD by Datu Sumakwel of Panay, and the Kalantiaw Code written in 1433 AD by Datu Kalantiaw, also of Panay. The unwritten laws consisted of customs and traditions which had been passed down from generations to generations. 5. Comparison with other ancient governments. It can be said that the laws of the barangay were generally fair. The system of government, although defective was not so bad considering the conditions in other lands in the age during which it flourished.

III. THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION

Government during the Spanish period 1. Spains title to the Philippines. It was based on the discovery made by Ferdinand Magellan in 1521, consummated by its own conquest by Miguel Lopez de Legaspi forty-five years later and long possession for almost four centuries, until it was terminated in 1898, when by Treaty of Paris, the Philippines was ceded by Spain to United States. 2. Spanish colonial government. From 1565 to 1821, the Philippines was indirectly governed by the king of Spain through Mexico. From 1821, when Mexico obtained her independence from Spain, to 1898, the Philippines was ruled directly from Spain.

III. THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION

3. Government in the Philippines unitary. The government which Spain established in the Philippines was centralized in structure and national in scope. The barangays were consolidated into towns (pueblos) each headed by a gobernadorcillos (little governors), popularly called capitan, and the towns into provinces, each headed by a governor who represented the Governor General in the province. 4. The Governor-General. The powers of the government were actually exercised by the Governor-General who resided in Manila. He was Governor General, Captain General, and vice-royal patron. As Governor-General, he had executive, administrative, legislative, and judicial powers.

III. THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION

5. The Judiciary. The Royal Audiencia which was established in 1583 was the Supreme Court of the Philippines during Spanish times. Its decision was final except on certain cases of great importance which could be appealed to the King of Spain. It also performed functions of executive and legislative. 6. Evaluation of the Spanish Government in the PhilippinesThe government which Spain established in the Philippines was defective. It was government for the Spaniards and not for the Filipinos. The Spanish officials were often inefficient and corrupt. The union of church and state produced serious strifies between the ecclesiastical and civil authorities. Equality before the law was denied to the Filipinos.

III. THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION

The Spanish rule, when viewed in the broader light of global colonization, was generally mild and humane. The Filipino people were not brutalized. Spaniards and Filipinos intermarried and mingled socially. Slavery and tribal wars were suppressed; It brought about the unification of the Filipino people. The diverse tribes were molded into the people, under one God, one King and one government, and out of their common grievances against Spain, blossomed the spirit of nationalism; and Spain uplifted the Filipinos from the depth of primitive culture and paganism and gave them the blessings of Christianity and European civilization.

III. THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION

Government during the Revolutionary Era. 1. The Katipunan government - it was the first clear break from the Spanish rule with the ultimate goal to established a free and sovereign Philippines. It was replaced by another government whose officials headed by Gen. Emilio Aguinaldo as President, were elected in the Tejeros Convention held in March 22, 1897. 2. The Biak-na Bato Republic - a republic was established by Gen. Aguinaldo in Biak-na-Bato. It declared that the aim of revolutions was the separation of the Philippines from Spanish monarchy and their formation into the independent state.

III. THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION

3. The Dictatorial Government - The most achievements of the Dictatorial Government were Proclamation of the Philippine Independence at Kawit, Cavite on June 12, 1898 and reorganization of local governments. 4. The Revolutionary Government - Gen. Aguinaldo established the Revolutionary Government replacing the Dictatorial Government with himself as President and a Congress whose function was advisory and ministerial. 5. The First Philippine Republic - This Constitution was the first democratic constitution over promulgated in the whole of Asia. It established a free and independent Philippine Republic which was inaugurated on January 23, 1899 with Gen. Aguinaldo as President.

III. THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION

Governments during the American Regime 1. The Military Government - the American military rule in the Philippines began August 14, 1898, the day after the capture of Manila. 2. The Civil Government - was inaugurated in Manila on July 4, 1901, headed by a Civil Governor whose position was created on October 29, 1901. 3. The Commonwealth Government of the Philippines commonly known as the Tydings- McDuffie Law. The law provided for a transition period of ten years during which the Philippine Commonwealth would operate and at the expiration of said period on July 4, 1946, the independence of the Philippines would be proclaimed and established.

III. THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION

Government during the Japanese occupation 1. The Japanese Military Administration (January 3, 1942) Under a proclamation issued by the Japanese High Command, the sovereignty of the United States over the Philippines was declared terminated. 2. The Philippine Executive Commission - The commission exercised both the executive and legislative powers. The laws enacted were, however, subject to the approval of the Commander-in-Chief of the Japanese Forces. 3. The Japanese-sponsored Republic of the Philippines in October 14, 1943, it was inaugurated with Jose P. Laurel as President. The ultimate source of its authority was the Japanese military authority and government.

III. THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION

The Previous Philippine Republics 1. Under Joint Resolution No. 93, approved by the United States Congress on June 29, 1944, the President of the United States was authorized to proclaim the independence of the Philippines prior to July 4, 1946, after the Japanese had been vanquished and constitutional processes in the country restored. 2. The First Republic was established on January 23, 1899 under the Malolos Constitution; Second on October 14, 1943 under the Japanese-sponsored Constitution, and the Third, on July 4, 1946 under the 1935 Constitution. On June 30, 1981, President Ferdinand E. Marcos proclaimed the birth of the fourth Republic under the 1973 Constitution making him its first President.

III. THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION

The Provision Government of 1986 1. Revolutionary - provisional government established there under was revolutionary in character having been installed by direct action of the people or by the People Power, deriving its existence and authority directly from the people and not from the then operating 1973 Constitution. 2. De jure/ de facto - The first is one constituted or founded in accordance with the existing constitution of the state (according to law), while the other is not so constituted or founded but has the general support of the people and effective control of the territory over which it exercises its power.

III. THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION

3. Constitutional and transitory the Provision Constitution did not have the status of a supreme or fundamental law because the government was not created by it and was not bound to obey it. 4. Democratic- The provisional government was claimed to be democratic because it was installed by direct action of the people as a direct expression or manifestation of their sovereign will, and, therefore, it was based on the consent of the governed or the approval of the people. 5. Powers- A revolutionary government being a direct creation of the people derives its power from the people to whom alone it is accountable.

III. THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION

6 The Provisional Constitution- Instead of declaring the 1973 Constitution with certain and minus certain articles and provisions, as the interim Constitution, Proclamation No. 3 promulgated a Provisional Constitution to replace the former, adopting intoto insofar as they are not inconsistent with the provision of the Proclamation, certain provisions of the 1973 Constitution. By its very nature, the Provisional Constitution (as well as the revolutionary government which operated under it ) self-destruct upon the ratification and effectivity of the new Constitution on February 2, 1987. (Art. XVIII, Sec . 27)

IV. CONCEPT OF CONSTITUTION

What is Constitution? It refers to that body rules and principles in accordance with which the powers of sovereignty are regularly exercised. As thus defined, it covers both written and unwritten constitutions. 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 department or branches for their safe and useful exercise for the benefit of the people.

IV. CONCEPT OF CONSTITUTION

Nature and 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 basis framework and underlying principles of government- The purpose of constitution is to prescribe the permanent framework of the system of government and to assign to the different departments or branches, their respective powers and duties and to establish certain basic principles on which the government is founded.

IV. CONCEPT OF CONSTITUTION

What is Constitutional Law? 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 Constitutional as well as the principles growing out of the interpretation and application made by the courts (particularly the Supreme Court, being the court of last resort) of the provision of the Constitution in specific cases. Thus, the Philippine Constitution itself is brief but the law of the Constitution lies scattered in thousand of Supreme Court decisions.

IV. CONCEPT OF CONSTITUTION

Kinds of Constitution 1. As to their origin and history: a. Conventional or enacted- One which is enacted by the constituent assembly or granted by a monarch to his subjects like the Constitution of Japan in 1889. b. Cumulative or evolved- Like the English Constitution, one which is a product or growth or a long period of development originating in customs, traditions, judicial decisions, etc., rather than from a deliberate and formal enactment.

IV. CONCEPT OF CONSTITUTION

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. 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 enactment of fundamental character, usually bearing different dates.

IV. CONCEPT OF CONSTITUTION

3. As to manner of amending them: a. Rigid or inelastic- One regarded as a document of special sanctity which cannot be amended or altered except by some special machinery more cumbrous than the 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.

IV. CONCEPT OF CONSTITUTION

Advantages and disadvantages of a written constitution 1. It has the advantage of clearness and definiteness over an unwritten one. This is because it is prepared with great care and deliberation. Such a constitution cannot be easily bent or twisted by legislature or the courts, to meet the temporary fancies of the moment. Hence, the protection it affords and the rights it guarantees are apt to be more secure. Moreover, it is more stable and free from all dangers of temporary popular passion. 2. Its advantage lies in the difficulty of its amendment. (see Art. XVII) This prevents the immediate introduction of needed changes and may thereby retard the healthy growth and progress of the state.

IV. CONCEPT OF CONSTITUTION

Requisites 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 in a few provision outlines the structure of the whole state and the rights of the citizens. b. Broad- because a statement of the powers and functions of government , and the relations between the governing body and the governed, requires that it be as compressive as possible. c. Definite- because otherwise the application of its provisions to concrete situations may prove unduly difficult if not impossible.

IV. CONCEPT OF CONSTITUTION

2. As to contents, it should contain at least three sets of provisions: a. That dealing with the framework of government and its powers, and defining the electorate. This group of provisions has been called the constitution of government b. The setting forth the fundamental rights of the people and imposing certain limitations on the powers of the government as a means of securing the enjoyment of these 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.

IV. CONCEPT OF CONSTITUTION

Constitution distinguished from statute 1. A constitution is legislation direct from the people, while a statute (see Art. VI, sec. 1) is a legislation from the peoples representative 2. A constitution merely states the general framework of the law and the government, while a statute provides the details of the subject of which it treats 3. A constitution is intended not merely to meet existing conditions but to govern the future, while a statute is intended primarily to meet existing conditions only 4. A constitution is the supreme or fundamental law of the State to which statutes and all other laws must conform.

IV. CONCEPT OF CONSTITUTION

Authority to interpret the Constitution 1. Even a private individual may interpret or ascertain the meaning or particular provisions of the Constitution in order to govern his own actions and guide him in his dealings with other persons. 2. It is evident, however, that only those charged with official duties, whether executive, legislative or judicial, can give authoritative interpretation of the Constitution.
a. This function primarily belongs to the courts whose final decisions are binding on all departments or organs of the government, including the legislature. b. There are, however, constitutional questions which under the Constitution are addressed to the discretion of the other departments and, therefore beyond the power of the judiciary to decide.

V. CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

The 1935 Constitution 1. Framing and ratification - the steps which led to the drafting and adopting of the 1935 Constitution of the Philippines are the follows: a. Approval on March 24, 1934 by President Franklin D. Roosevelt of the Tydings-McDuffie Law, otherwise known as the Philippine Independence Act, enacted by the United States Congress, authorizing the Philippine Legislature to call a constitutional convention to draft a constitution for the Philippines. b. Approval of May 5, 1934 by the Philippine Legislature of a bill calling a convention for the independence Law

V. CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

c. Approval on February 8, 1835 by the convention by a vote of 177 to 1 of the Constitution (the signing began on the following day and was completed on February 19, 1935). d. Approval on March 23, 1935 by Pres. Roosevelt of the Constitution as submitted to him, together with a certification that the said Constitution conformed with the provisions of the Independence Law. e. Ratification on May 14, 1935 of the Constitution by the Filipino electorate by a vote of 1,213,046 with 44,963 against.

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2. Limitations and conditions- it contained provisions limiting such authority. Aside from the other specific limitations and conditions laid down therein, it enjoined that the constitution to be drafted should be republican in form, should include a bill rights, and should contain certain provisions intended to define the relations between the Philippines and the United States during the commonwealth period and after the establishment of the Philippine Republic. 3. Sources - The 1935 Constitution of the Philippines did not contain original ideas of government. While the dominating influences was the Constitution of the United States, other sources were also consulted by the framers, particularly the Malolos Constitution and the three organic laws that were enforced in the Philippines before the passage of the TydingsMcDuffie Law.

V. CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

4. Scope- the Constitution as approved by the 1935 Constitutional Convention was intended for the Commonwealth and the Republic. Thus, Article XVII declares: The government established by this Constitution shall be known as Commonwealth of the Philippines. 5. Amendments- The 1935 Constitution had been amended three times. Among the amendments are: a. The establishing a bicameral legislature. b. That allowing the eligibility of the President and the VicePresident for a second four-year term of office. 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 operation of public utilities.

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The 1973 Constitution 1. Framing- The experience of more than three decades as a sovereign nation had revealed flaws and inequities in the 1935 Constitution. a. Taking into account the felt necessities of the times, particularly the new and grave problems arising from an ever increasing population, urgently pressing for solution, Congress in joint session on March 16, 1967, passed Resolution of Both Houses No. 2, authorizing the holding of a constitutional convention in 1971. b. On August 24, 1970, Republic Act No. 6132 was approved setting November 10, 1970, as Election Day for 320 delegates to the Constitutional Convention. The proposed Constitution was signed on November 30, 1972.

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2. Approval of the Citizens Assemblies- Earlier on September 21, 1972, the President of the Philippines issued Proclamation No. 1081 placing the entire country under Martial Law. a. To broaden the base of citizens participation in the democratic process, and to afford ample opportunities for the citizenry to express their views on important matters of local or national concern, Presidential Decree No. 86 was issued on December 31, 1972 creating a Citizens Assembly in each barrio in municipalities and in each district in chartered cities throughout the country. Subsequently, Presidential Decree No. 86-A was issued on January 5, 1973 defining the role of barangays.

V. CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

b. Under the same decree, the barangays were to conduct a referendum on national issues between January 10 and 15, 1973. Pursuant to Presidential Decree No. 86A, the following questions were submitted before the Citizens Assemblies or Barangays: Do you approve of the New Constitution? Do you still want a plebiscite to be called to ratify the new Constitution? 3. Ratification by Presidential proclamation - According to Proclamation No. 1102 issued on January 17, 1973, 14,976,561 members of all the Barangays (Citizens Assemblies) voted for the adoption of the proposed Constitution, as against 743,869 who voted for its rejection

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Amendments- the 1973 Constitution had been amended on four occasions. Among the important amendments are:
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 f. That providing for urban land reform and social housing program.

V. CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

The 1987 Constitution 1. Framing and ratification- the 1987 Constitution was drafted by a Constitutional Commission created under Article V Proclamation No. 3 issued on March 25, 1986 which promulgated the Provisional Constitution or Freedom Constitution following the installation of a revolutionary government through a direct exercise of the power of the Filipino people.
a. Pursuant to Proclamation No. 3, the President promulgated on April 23, 1986 Proclamation No. 9, the Law Governing the Constitutional Commission of 1986, to organize the Constitutional Commission, to provide for the details of its operation and establish the procedure for the ratification or rejection of the proposed new Constitution.

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b. The Constitutional Commission, which marked the fourth exercise in the writing of a basic charter in the Philippine history since the Malolos Constitution at the turn of the century, convened on June 2, 1986 at the Batasang Pambansa Building in Diliman, Quezon City. c. The proposed new Constitution was approved by the Constitutional Commission on the night of Sunday, October 12, 1986, culminating 133 days work, by a vote of 44-2. d. The Constitutional Commission held its final session in the morning of October 15, 1986 to sign the 109-page draft consisting of a preamble, 18 Articles, 321 Section and about 2,000 words- after which, on the same day, it presented to the President the original copies in English and Filipino. It was ratified by the people in the plebiscite held on February 2, 1987.

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2. Merits and demerits of an appointive framing bodyAdmittedly, there were some merits and advantages in delegating the drawing up of the new charter to an appointed Constitutional Commission rather than elected Constitutional Convention.
a. Constitutional Commission was not expensive and time consuming, time was of the essence in view of the instability inherent in a revolutionary government and the need to accelerate the restoration to full constitutional democracy. b. The writing of a Constitution as the highest expression of the peoples ideals and aspirations to serve the country for generations to come is a political exercise of transcendental in a republican democracy and only those directly elected and empowered by the people must be entrusted with the task to discharge this grave and solemn responsibility.

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3. Need to cure defect in the Constitution- To have a truly democratic and constitutional government, it is absolutely necessary that the Constitution be initially drafted by duly elected members of a representative constituent assembly or convention and later on approved by the people in a plebiscite. Some see the need to straighten out the present Constitution which was drafted by non-elective commissioner and ratified under the authority of a revolutionary government. The theory is posited that having it amended by elected delegates and having constitutional amendments ratified under the democratic government, we will have now cured any defect in its formulation and ratification.

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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 (see Preamble.); 2. Sovereignty of the people (see Art. II Sec. 1); 3. Renunciation of war as an instrument of national policy (see Ibid., Sec. 2); 4. Supremacy of civilian authority over the military (see Ibid, Sec.3);

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5. Separation of church and State ( see Ibid., Sec. 6) 6. Recognition of the importance of the family as a basic social institution and of the vital role of the youth in nation-building (see Ibid., Secs. 12, 13; Art. XV) 7. Guarantee of human rights (see Art. III, Secs. 1-22) 8. Government through suffrage (see Art. V, Sec. 1); 9. Separation of powers (see Art. VI, Sec. 1); 10. Independence of the judiciary ( see Art. VIII, Sec. 1) 11. Guarantee of local autonomy (see Art. X, Sec2.) 12. High sense of public service morality and accountability of public officers (see Art. XI, Sec. 1.)

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13. Nationalization of natural resources and certain private enterprises affected with public interest (see Art. XII, Secs. 2, 3, 17, 18.); 14. Non-suability of the State (see Art. XVI, Sec. 3.); 15. Rule of the majority; and 16. Government of laws and not of men.

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Rule of the majority 1. Concept- The observance of the rule of the majority is an unwritten law of popular government. The wishes of the majority prevail over those of the minority. 2. Instances- In many instances, the rule of the majority is observed in our government. Thus, under the new Constitution:
a. A majority vote of all the respective members of the Congress is necessary to elect the Senate president and the Speaker of the House of Representatives (Art. VI, Sec. 16 [1]), and a majority of all members of Congress to concur to grant of amnesty (Art. VII, Sec. 19) and to pass a law granting tax exemption. (Art. VI, Sec. 28[4]). In case of a tie in the election for President (or VicePresident), the President shall be chosen by the majority vote of all the members of both Houses of Congress. (Art. Vii, Sec. 4).

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b. A two-thirds majority of all its respective members is required to suspend or expel a member of either House (Art. VI, Sec. 16[3].); of all members of Congress to declare the existence of a state of war (Ibid., Sec. 23[2].), to reconsider by the President (Ibid., Sec 27[2].), and call a constitutional convention (Art XVII, sec. 3.); and of all the members of the Senate to concur to a treaty or international agreement (Art. VIII, Sec. 21) and to render a judgment of conviction in impeachment cases. (Art. XI, Sec. 3[6].) c. Any amendment to, or revision of, the Constitution may be proposed by Congress upon a vote of three-fourths of all its members (art. XVII, Sec. 1[1].), and it shall be valid when ratified by majority by the votes cast in plebiscite. (Ibid., Sec. 4). d. Decision of the Supreme Court en banc have to be concurred in by the majority of the members who actually took part in the deliberations on the issues in the case and voted thereon, to pronounce a treaty, international or executive agreement, or law unconstitutional x x x (Art. Viii, Sec.4).

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3. A practicable rule of law- the device of the majority is practicable rule of law based on reason and experience. Democracy assumes that in a society of rational beings, the judgment and experience of the many will, in most instances, be superior to the judgment and experience of the few; and hence, that the verdict of the majority will more likely be correct than that of the minority. It is, of course, to be understood that the majority acts within the pale of the law.

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Government of law and not of men 1. Concept- by this principle, which is also known and has the same import as the rule of law, is meant that no man in this country is above or beyond the law. 2. Exercise of government powers- A government of laws, as contrasted with a government of men, is a limited government. . Its authority continues only with the consent of the people in whom sovereignty resides. 3. Observance of the law- A person may not agree with the wisdom and expediency of the law but it is his duty to follow the law so long as it remains in the statute books. He cannot take the law into his own hands by resorting to violence or physical force to enforce his rights or achieve his ends without being criminally held liable for his action.

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4. Significance of the principle- It is basic that laws must be obeyed by all and applied to everyone- rich or poor, lowly or powerful- without fear or favor. The observance of the supremacy of the rule of law by officials, individuals, and the people as a whole is what will sustain our democracy and assure the existence of a truly free, orderly, and equitable society.