2. What is Constitution
• A Constitution is a body of rules or precedents governing
the affairs of a state. Without the constitution, a state
would definitely be chaotic. This is because the
constitution provides the basic definitions of the rights of
the people and the mechanisms for the effective operation
of the government for the promotion of general welfare
and common good. Inasmuch as knowledge of the
fundamental principles of the constitution is essential in
understanding and appreciating the role played by the
government in fulfilling its mandates to the people.
4. 1. Establishment of the basic
framework of the Government
• The Constitution identifies and regulates the specific
powers and functions of the executive, legislative, and
judicial branches of the government. There is a need to
regulate the government’s exercise of its sovereign
powers to preclude it from becoming despotic,
oppressive, and tyrannical.
5. 2. Regulation of the rights and
freedoms enjoyed by the individuals for
the common good
• This is very important function
served by a constitution. If
people’s exercise of their liberties
is not regulated, there shall be
chaos, anarchy, and public
disorder.
6. Protection of the people
from government abuses
Our constitution, for instance, protects the people from the
possible abuses by the government through the following
means.
• By ensuring that each branch of government exercise
only the power conferred to it by the constitution;
• By prohibiting the government from exercising powers
infringing the declaration of principles and state policies;
and…
• By specifying the basic rights of the people, which the
government has to respect and safeguard.
7. Types of Constitution
• Enacted or Conventional- a constitution is drafted and
passed by a constituent assembly or granted by a
sovereign to the people.
• Evolved or Cumulative- a constitution which is the
product of a long history of usage by customs, traditions,
and judicial decisions rather than by formal or deliberate
enactment.
8. Types of Constitution
• Written- a Constitution either granted by a ruler, or
enacted by the legislature or framed by a constituent body
and ratified by the people.
• Unwritten- a Constitution that consists of customs,
usages, legal traditions, and statutory legislations and is
entirely the product of political growth and development
9. Types of Constitution
• Rigid or Inelastic- a Constitution that is difficulty to
change or alter except by some special machinery more
cumbrous than the ordinary legislative process.
• Flexible or Elastic- a Constitution that is easy to amend
as it can be altered in the same way as other laws.
10. Requisites of a good
written Constitution
• Broadness- Inasmuch as the constitution has to outline the
organization of the government, it has to be comprehensive to
embody all the essential functions and powers of the
government.
• Brevity- The constitution has to be brief but concise. It should
not be too lengthy or detailed as the only the essentials of
government should be embodied in it. Appropriate statuses will
provide the details so the brevity is not violated or debased.
• Definiteness- The provisions of the supreme charter of land
should be definite and clear to avoid errors and ambiguity in
their interpretation.
12. The Code of Kalantiaw
• The Code of Rajah Kalantiaw was a supposed legal code in the
epic history Maragtas that is said to have been written in 1433
by Datu Kalantiaw, a chief on the island of Negros in the
Philippines. The code is now believed by many historians to
have been a hoax and that it had actually been written in 1913
by Jose E. Marco as a part of his historical fiction Las antiguas
leyendas de la Isla de Negros (English: The Ancient Legends
of the Island of Negros), which he attributed to a priest named
Jose Maria Pavon.
• Philippine historian Teodoro Agoncillo describes the code as
"a disputed document." Despite doubts on its authenticity,
some history texts continue to present it as historical fact
13. Kartilya ng Katipunan
• The order for those who want to join the association shall have
the full understanding and knowledge of its guiding principles
and main teachings so that they may perform their duties
wholeheartedly. The Association pursues the most worthy and
momentous object of uniting the hearts and the mind of the
Tagalog by means of inviolable oath in order that the union to
be strong enough to tear aside the thick veil that obscure
thoughts and find the true path of reason and enlightenment.
The foremost rules is the true love of native land and genuine
compassion for others, for everyone shall be treated equal and
true brethren.
14. Malolos Constitution
• The Political Constitution of 1899 (Spanish: Constitución
Política de 1899), informally known as the Malolos
Constitution, was the basic law of the First Philippine
Republic. It was written by Felipe Calderón y Roca and
Felipe Buencamino as an alternative to a pair of proposals
to the Malolos Congress by Apolinario Mabini and Pedro
Paterno. After a lengthy debate in the latter part of 1898,
it was promulgated on 21 January 1899
15. The 1935 Philippine
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 (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.
16. The original 1935 Constitution provided
for unicameral National Assembly and the
President was elected to a six-year term
without re-election. It was amended in
1940 to have a bicameral Congress
composed of a Senate and House of
Representatives, as well the creation of an
independent electoral commission. The
Constitution now granted the President a
four-year term with a maximum of two
consecutive terms in office.
17. 1973 Constitution
The 1973 Constitution, according to former Aquino spokesman Teodoro
Locsin Jr, was never ratified as the process conducted by then president
Ferdinand Marcos met strong opposition.
The Aquino government had 3 options with regard to the law of the land:
• To revert to the 1935 Constitution. But because Marcos abolished the
bicameral legislature they had to resort to general elections.
• To retain the 1973 Constitution and be granted the power to make
reforms. This was shot down by Aquino as "she did not want to derive
legitimacy and power from the very institutions that she fought."
• To start anew and break from the "vestiges of a disgraced dictatorship.
18. 1987 Philippine
Constitution
• Ruling by decree during the early part of her tenure and as a
president installed via the People Power Revolution, President
Corazon Aquino issued Proclamation No. 3 on March 25, 1986
which abrogated many of the provisions of the then 1973
Constitution adopted during the Marcos regime including the
unicameral legislature (the Batasang Pambansa), the office of
Prime Minister, and provisions which gave the President
legislative powers. Often called the "Freedom Constitution,"
this constitution was only intended as a temporary constitution
to ensure the freedom of the people and the return to
democratic rule. A constitutional commission was soon called
to draft a new constitution for the country.
19. 1987 Philippine
Constitution
• The Constitutional Commission was composed of fifty members
appointed by Aquino from varied backgrounds including several former
members of the House of Representatives, former justices of the
Supreme Court, a Roman Catholic bishop, and political activists against
the Marcos regime. The Commission elected Cecilia Muñoz-Palma, a
former Associate Justice of the Supreme Court, as its president. Several
issues were of particular contention during the Commission's sessions,
including the form of government to adopt, the abolition of the death
penalty, the retention of the U.S. bases in Clark and Subic, and the
integration of economic policies into the constitution. Lino Brocka, a
film director and political activist who was member of the Commission,
walked out before the constitution's completion, and two other delegates
dissented from the final draft. The Commission finished the final draft on
October 12, 1986 and presented it to Corazon Aquino on October 15.
The constitution was ratified by a nationwide plebiscite on February 8,
1987.
20. The Preamble
• 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.
21. Announcement…
•We will be having a Quiz (Yes
you’ve read it right!) on
Wednesday, next week! So
review your book regarding
this topic or get this
PowerPoint presentation
through me.
