Introduction to Philippine Constitution 1987


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Introduction to Philippine Constitution 1987

  1. 1. Introductio© 2012 Charie Camilo. All rights reserved.
  2. 2. What is constitution? A constitution is a system for government, codified asa written document, which contains fundamental laws andprinciples. It usually contains fundamental political principles,and establishes the structure, procedures, powers and duties,of a government. The Constitution of the Philippines is thesupreme law of the Philippines. The Constitution currently ineffect was enacted in 1987, during the administrationof President Corazon C. Aquino, and is popularly known asthe "1987 Constitution―. Philippine constitutional law expertsrecognise three other previous constitutions as havingeffectively governed the country — the935 Commonwealth Constitution, the 1973 Constitution, andthe 1986 Freedom Constitution. Constitutions for thePhilippines were also drafted and adopted during the short-lived governments of Presidents Emilio Aguinaldo (1898)and José P. Laurel (1943). © 2012 Charie Camilo. All rights reserved.
  3. 3. Nature and purpose of Constitution1. It serves as the supreme or fundamental law2. It establishes basic framework and underlying principles ofgovernment Constitutional LawBody of law derived from countrys written constitution. It laysdown and guides the duties and powers of the government,and the duties and rights of its citizens and residents. © 2012 Charie Camilo. All rights reserved.
  4. 4. Kind of Constitution1. As to their origin and history a. Conventional or enacted b. Cumulative or evolved2. As to their form a. Written b. Unwritten3. As to manner of amending them a. Rigid or inelastic b. Flexible or elastic © 2012 Charie Camilo. All rights reserved.
  5. 5. Constitution distinguished from Statute1. Constitution is a legislation direct from the people2. Constitution merely states the general framework of the law3. Constitution is intended not merely to meet existingconditions but to govern the future4. Constitution is the supreme or fundamental law Statute1. Is a legislation from the people’s representatives.2. It provides the details of the subject of which it treats3. Is intended primarily to meet existing conditions only4. Statute conforms to Constitution. © 2012 Charie Camilo. All rights reserved.
  6. 6. Parts of the 1987 Constitution The Constitution is divided into 18 parts, excluding the Preamble, which are called Articles. The Articles are as follows:Article I - National TerritoryArticle II - Declaration of Principles and State PoliciesArticle III - Bill of RightsArticle IV - CitizenshipArticle V - SuffrageArticle VI - Legislative DepartmentArticle VII - Executive DepartmentArticle VIII - Judicial DepartmentArticle IX - Constitutional CommissionArticle X - Local GovernmentArticle XI - Accountability of Public OfficersArticle XII - National Economy and PatrimonyArticle XIII - Social Justice and Human RightsArticle XIV - Education, Science and Technology, Arts, Cultureand SportsArticle XV - The FamilyArticle XVI - General ProvisionsArticle XVII - Amendments or RevisionsArticle XVIII - Transitory Provisions © 2012 Charie Camilo. All rights reserved.
  7. 7. Preamble of the 1987 ConstitutionThe Preamble reads:“We, the sovereign Filipino people, imploring the aid of AlmightyGod, in order to build a just and humane society, and establish aGovernment that shall embody our ideals and aspirations, promotethe common good, conserve and develop our patrimony, and secureto ourselves and our posterity, the blessings of independence anddemocracy under the rule of law and a regime of truth, justice,freedom, love, equality, and peace, do ordain and promulgate thisConstitution.” © 2012 Charie Camilo. All rights reserved.
  8. 8. Significant features of the 1987 Constitution The Constitution establishes the Philippines as a"democratic and republican State", where "sovereignty residesin the people and all government authority emanates fromthem". (Section 1, Article II) Consistent with the doctrineof separation of powers, the powers of the nationalgovernment are exercised in main by three branches —the executive branch headed by the President, the legislativebranch composed of Congress and the judicial branch withthe Supreme Court occupying the highest tier of the judiciary. Section 1. Article 2. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. © 2012 Charie Camilo. All rights reserved.
  9. 9. Historical Constitution• Malolos Constitution (1899)• Commonwealth and Third Republic (1935)• Japanese Sponsored Republic (1943)• Martial Law Constitution (1973)• Freedom Constitution (1986) > © 2012 Charie Camilo. All rights reserved.
  10. 10. Malolos Constitution (1899) First republic The Malolos Constitution was the first republicanconstitution in Asia. It declared that sovereignty residesexclusively in the people, stated basic civil rights, separatedthe church and state, and called for the creation of anAssembly of Representatives to act as the legislative body. Italso called for a Presidential form of government with thepresident elected for a term of four years by a majority of theAssembly. It was titled "Constitución política", and waswritten in Spanish following the declaration of independencefrom Spain, proclaimed on January 20, 1899, and was enactedand ratified by the Malolos Congress, a Congress heldin Malolos, Bulacan.< © 2012 Charie Camilo. All rights reserved.
  11. 11. Commonwealth and Third Republic (1935) 1935 Constitution The 1935 Constitution was written in 1934,approved and adopted by the Commonwealth of thePhilippines (1935–1946) and later used by the Third Republicof the Philippines (1946–1972). It was written with an eye tomeeting the approval of the United States Government aswell, so as to ensure that the U.S. would live up to itspromise to grant the Philippines independence and not havea premise to hold onto its possession on the grounds that itwas too politically immature and hence unready for full, realindependence.< © 2012 Charie Camilo. All rights reserved.
  12. 12. Japanese Sponsored Republic (1943) Second Philippine Republic The 1943 Constitution of the Republic of thePhilippines , composed of a preamble and twelve articles,creates a Republican state with a powerful executive branchand subordinate legislative and judicial branches. Theexecutive power is vested in the President, who is to beelected by the members of the National Assembly fromamong themselves. The President is the head of government,and commander-in-chief of the Armed Forces. The powers ofthe President are: to veto any bill of the Assembly, topromulgate regulations when the Assembly is not in sessionand in times of war or national emergency, to declare martiallaw, to suspend the privilege of the writ of habeas corpus,and to appoint the members of the Council of State andofficials of the local government. A limited legislative poweris exercised by the unicameral National Assembly whosemembers, like the President, are not directly elected by thepeople. © 2012 Charie Camilo. All rights reserved.
  13. 13. Rather, the Assembly, is to be composed ofrepresentatives from each province elected in Kalibapiconventions throughout the country with appointedgovernors and mayors as ex-officio members. Thejudicial power is exercised by the Supreme Courtwhose justices, together with judges of lower courts,are to be appointed by the President.< © 2012 Charie Camilo. All rights reserved.
  14. 14. Martial Law Constitution (1973) 1973 Constitution of the Philippines The 1973 Constitution, promulgated afterMarcos declaration of martial law, was supposed tointroduce a parliamentary-style government. Legislativepower was vested in a National Assembly whose memberswere elected for six-year terms. The President was ideallysupposed to be elected as the symbolic and purelyceremonial head of state from the Members of the NationalAssembly for a six-year term and could be re-elected to anunlimited number of terms.< © 2012 Charie Camilo. All rights reserved.
  15. 15. Freedom Constitution (1987) 1987 Constitution of the Philippines Following the EDSA People Power Revolution thatremoved President Ferdinand E. Marcos from office, the newPresident, Corazon C. Aquino issued Proclamation No. 3 as aprovisional constitution. It adopted certain provisions fromthe 1973 constitution and granted the President broadpowers to reorganise the government and remove officialsfrom office, and mandated that the president would appointa commission to draft a new constitution.< © 2012 Charie Camilo. All rights reserved.
  16. 16. Basic Principles Underlying the New Constitution1. Recognition of the Aid of Almighty God2. Sovereignty of the People3. Renunciation of war as an instrument of national policy4. Supremacy of civilian authority over the military5. Separation of Church and State6. Recognition of the importance of thefamily as basic social institution and ofthe vital role of youth in nation building7. Guarantee of human rights8. Government through suffrage9. Separation of Power10. Independence of Judiciary11. Guarantee of local autonomy12. High sense of public service morality and accountability13. Nationalization of natural resources and certain privateenterprises affected by public Interest14. Non – suability of the state15. Rule of the majority; and16. Government of laws and not men. © 2012 Charie Camilo. All rights reserved.