Introduction to Philippine Constitution 1987

Introductio

© 2012 Charie Camilo. All rights reserved.

What is constitution?
A constitution is a system for government, codified as
a written document, which contains fundamental laws and
principles. It usually contains fundamental political principles,
and establishes the structure, procedures, powers and duties,
of a government.

The Constitution of the Philippines is the
supreme law of the Philippines. The Constitution currently in
effect was enacted in 1987, during the administration
of President Corazon C. Aquino, and is popularly known as
the "1987 Constitution―. Philippine constitutional law experts
recognise three other previous constitutions as having
effectively governed the country — the
935 Commonwealth Constitution, the 1973 Constitution, and
the 1986 Freedom Constitution. Constitutions for the
Philippines were also drafted and adopted during the short-
lived governments of Presidents Emilio Aguinaldo (1898)
and José P. Laurel (1943).

Nature and purpose of Constitution
1. It serves as the supreme or fundamental law
2. It establishes basic framework and underlying principles of
government

Constitutional Law
Body of law derived from country's written constitution. It lays
down and guides the duties and powers of the government,
and the duties and rights of its citizens and residents.


Kind of Constitution
1. As to their origin and history
a. Conventional or enacted
b. Cumulative or evolved

2. As to their form
a. Written
b. Unwritten

3. As to manner of amending them
a. Rigid or inelastic
b. Flexible or elastic


Constitution distinguished from Statute
1. Constitution is a legislation direct from the people
2. Constitution merely states the general framework of the law
3. Constitution is intended not merely to meet existing
conditions but to govern the future
4. Constitution is the supreme or fundamental law

Statute
1. Is a legislation from the people’s representatives.
2. It provides the details of the subject of which it treats
3. Is intended primarily to meet existing conditions only
4. Statute conforms to Constitution.


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 Territory
Article II - Declaration of Principles and State Policies
Article III - Bill of Rights
Article IV - Citizenship
Article V - Suffrage
Article VI - Legislative Department
Article VII - Executive Department
Article VIII - Judicial Department
Article IX - Constitutional Commission
Article X - Local Government
Article XI - Accountability of Public Officers
Article XII - National Economy and Patrimony
Article XIII - Social Justice and Human Rights
Article XIV - Education, Science and Technology, Arts, Culture
and Sports
Article XV - The Family
Article XVI - General Provisions
Article XVII - Amendments or Revisions
Article XVIII - Transitory Provisions

Preamble of the 1987 Constitution
The Preamble reads:

“We, the sovereign Filipino people, imploring the aid of Almighty
God, in order to build a just and humane society, and establish a
Government that shall embody our ideals and aspirations, promote
the common good, conserve and develop our patrimony, and secure
to ourselves and our posterity, the blessings of independence and
democracy under the rule of law and a regime of truth, justice,
freedom, love, equality, and peace, do ordain and promulgate this
Constitution.”


Significant features of the 1987 Constitution
The Constitution establishes the Philippines as a
"democratic and republican State", where "sovereignty resides
in the people and all government authority emanates from
them". (Section 1, Article II) Consistent with the doctrine
of separation of powers, the powers of the national
government are exercised in main by three branches —
the executive branch headed by the President, the legislative
branch composed of Congress and the judicial branch with
the 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.


Historical Constitution

• Malolos Constitution (1899)
• Commonwealth and Third Republic (1935)
• Japanese Sponsored Republic (1943)
• Martial Law Constitution (1973)
• Freedom Constitution (1986)

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Malolos Constitution (1899)
First republic

The Malolos Constitution was the first republican
constitution in Asia. It declared that sovereignty resides
exclusively in the people, stated basic civil rights, separated
the church and state, and called for the creation of an
Assembly of Representatives to act as the legislative body. It
also called for a Presidential form of government with the
president elected for a term of four years by a majority of the
Assembly. It was titled "Constitución política", and was
written in Spanish following the declaration of independence
from Spain, proclaimed on January 20, 1899, and was enacted
and ratified by the Malolos Congress, a Congress held
in Malolos, Bulacan.

<

Commonwealth and Third Republic (1935)
1935 Constitution

The 1935 Constitution was written in 1934,
approved and adopted by the Commonwealth of the
Philippines (1935–1946) and later used by the Third Republic
of the Philippines (1946–1972). It was written with an eye to
meeting the approval of the United States Government as
well, so as to ensure that the U.S. would live up to its
promise to grant the Philippines independence and not have
a premise to hold onto its possession on the grounds that it
was too politically immature and hence unready for full, real
independence.

<

Japanese Sponsored Republic (1943)
Second Philippine Republic

The 1943 Constitution of the Republic of the
Philippines , composed of a preamble and twelve articles,
creates a Republican state with a powerful executive branch
and subordinate legislative and judicial branches. The
executive power is vested in the President, who is to be
elected by the members of the National Assembly from
among themselves. The President is the head of government,
and commander-in-chief of the Armed Forces. The powers of
the President are: to veto any bill of the Assembly, to
promulgate regulations when the Assembly is not in session
and in times of war or national emergency, to declare martial
law, to suspend the privilege of the writ of habeas corpus,
and to appoint the members of the Council of State and
officials of the local government. A limited legislative power
is exercised by the unicameral National Assembly whose
members, like the President, are not directly elected by the
people.


Rather, the Assembly, is to be composed of
representatives from each province elected in Kalibapi
conventions throughout the country with appointed
governors and mayors as ex-officio members. The
judicial power is exercised by the Supreme Court
whose justices, together with judges of lower courts,
are to be appointed by the President.

<

Martial Law Constitution (1973)
1973 Constitution of the Philippines

The 1973 Constitution, promulgated after
Marcos' declaration of martial law, was supposed to
introduce a parliamentary-style government. Legislative
power was vested in a National Assembly whose members
were elected for six-year terms. The President was ideally
supposed to be elected as the symbolic and purely
ceremonial head of state from the Members of the National
Assembly for a six-year term and could be re-elected to an
unlimited number of terms.

<

Freedom Constitution (1987)
1987 Constitution of the Philippines

Following the EDSA People Power Revolution that
removed President Ferdinand E. Marcos from office, the new
President, Corazon C. Aquino issued Proclamation No. 3 as a
provisional constitution. It adopted certain provisions from
the 1973 constitution and granted the President broad
powers to reorganise the government and remove officials
from office, and mandated that the president would appoint
a commission to draft a new constitution.

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Basic Principles Underlying the New Constitution

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 basic social institution and of
the vital role of youth in nation building
7. Guarantee of human rights
8. Government through suffrage
9. Separation of Power
10. Independence of Judiciary
11. Guarantee of local autonomy
12. High sense of public service morality and accountability
13. Nationalization of natural resources and certain private
enterprises affected by public Interest
14. Non – suability of the state
15. Rule of the majority; and
16. Government of laws and not men.

Introduction to Philippine Constitution 1987

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Introduction to Philippine Constitution 1987