5. What is a Constitution?
•It is a body of rules and
principles in accordance with
which the powers of sovereignty
are regularly exercised.
•It is an embodiment of norms
that regulate the relations of the
government to its people.
6. •Constitution - is a written
instrument (document) by
which the fundamental
powers of the government are
established, limited, and
defined, and by which these
powers are distributed among
several departments for their
safe and useful exercise for
the benefit of the people.
8. Importance of the Constitution
•It is the foundation of the
system of government of the
Philippines.
•It is the fundamental or basic
law of the land, supreme of
all.
9. Importance of the Constitution
•It defines the structure of the
government and demonstrate
certain principles on which
the government is, and should
be founded.
10. Importance of the Constitution
•It tells the relationship between
the state and its organs and the
citizens, their rights and
obligations.
•Constitution embodies the ideals
and aspirations of the Filipino
people and the promotion of
their welfare.
11. Purposes of the Constitution
•To define the organization of
government.
•To determine distribution of
governmental powers.
•To establish principles
governing the operation of
government.
12. Purposes of the Constitution
•To define the rights of individual
citizens.
•To hold the state together.
13. Classifications of the
Constitutions
1.As to their origin and history.
a.Conventional or enacted. One
which is enacted by a constituent
assembly.
b.Cumulative or evolved. One which
is a product of the development
originating in customs, traditions
and judicial decisions .
14. Classifications of the
Constitutions
2. As to their form.
a.Written. One which has been
given definite form at a
particular time, usually by a
specially constituted authority
called a “Constitutional
Convention.”
15. Classifications of the
Constitutions
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
enactments of a fundamental
character, usually bearing dates.
16. Classifications of the
Constitutions
3. As to manner of amending
them.
a.Rigid or inelastic. One is
regarded as a document of
special sanctity which cannot
be amended or altered except
by some special machinery.
17. Classifications of the
Constitutions
b. Flexible or elastic. One that
possesses no higher legal
authority than ordinary laws
and which may be altered in
the same way as other laws.
18. The 1987 Philippine Constitution
may be classified as:
Conventional or enacted.
Written
Rigid or inelastic
•An appointive body called
“Constitutional Commission”
drafted it.
19. Advantages of Written
Constitution
1.It has the advantages of
clearness and definiteness.
2.It protects the people from
frequent and violent
fluctuations of public
opinion.
20. Advantages of Written
Constitution
3. It gives string feeling of right
and powerful impetus to action to
have the written law clearly on
one’s side; and
4. It serves as guide and bases of
the people when their rights and
liberties are invalid or
endangered.
21. Disadvantages of Written
Constitution
1.It establishes iron-clad rules which
are difficult to change even if
found inconvenient or oppressive.
2.It is often construed on technical
principles rather than in the light
of great principles; and
3.It is likely to invade the domains of
ordinary legislation.
22. Advantage and Disadvantage
of Unwritten Constitution
•It’s advantage is its flexibility and
elasticity which is reflective at all
times to the correct expressions of
the progressive and changing
necessities of the State.
•It’s weakness lies in the fact that it
is subject to perpetual changes at
the will of the law making power.
23. Requisites of a Good Written
Constitution
1.As a form.
a.Brief. It must confine itself to
the basic principles to be
implemented to change and
easier to amend.
24. Requisites of a Good Written
Constitution
b. Broad. Because a statement of
the powers and functions of
government, and relatives
between the government body
and the governed, that it be as
comprehensive as possible.
25. Requisites of a Good Written
Constitution
c. Definite. To prevent ambiguity
in its provisions, which could
result in confusion and
divisiveness among the people.
26. Requisites of a Good Written
Constitution
2. As to contents. A good written
constitution should contain a
minimum of groups of provisions,
namely:
Constitution of Government
Constitution of Liberty
Constitution of Sovereignty
27. Constitution of Government
•Is a collective term used to refer to
the group of provisions that deals with
the structure or framework of a
government, the powers and functions
to be performed by each of the
divisions of government and fixes
definite and clear limitations on the
exercise of such powers and
functions, and defining the electorate.
28. Constitution of Government
•Article VI – The Legislative
Department
•Article VII – Executive Department
•Article VIII – Judicial Department
•IX – Constitutional Commission
•X – Local Government
•IV – Citizenship
•V – Suffrage
29. Constitution of Liberty
•Refers to the group of provisions
enumerating the basic rights of
the people.
•The Bill of Rights, Article III.
30. Constitution of Sovereignty
•Refers to the mode for
introducing amendments to
the fundamental law as well
as pointing out the procedure
of revising it.
•Article XVII – Amendments
and Revisions.
31. How is the Constitution be
Amended?
1. Constituent Assembly – it is
the congress upon a vote of
three-fourths of all its
members, voting separately
may propose amendments to
or revise the constitution.
32. How is the Constitution be
Amended?
2. Constitutional Convention –
it’s essential features is the
election of the qualified voters
of the delegates. The
delegates who are the
representatives of the people,
are clothed with the authority
33. How is the Constitution be
Amended?
to draft the constitution, of
propose revisions or formulate
amendments to the existing
one.
34. How is the Constitution be
Amended?
3. People’s Initiative –
amendments to the
constitution may be
introduced directly by the
people through a system of
initiative.
35. Brief History of
Philippine Constitution
1. Malolos Constitution – it was
approved by the members of
the Congress and then
forwarded to President
Aguinaldo for his approval.
36. Brief History of
Philippine Constitution
2. 1935 Constitution – the
drafting of this constitution
lasted six months. Some
delegates, however, had signed
the document. Altogether, there
were 200 signatories.
37. Brief History of
Philippine Constitution
3. 1973 Constitution – shortly
after the start of martial law, the
delegates to the Constitutional
Convention reassembled. They
worked more and finished the
new constitution.
38. Brief History of
Philippine Constitution
On December 1, 1972 copies of
the signed constitution were
given to President Marcos, who
in turned submitted it to the
people for ratification.
39. Brief History of
Philippine Constitution
4. 1987 Constitution – President
Corazon C. Aquino issued
proclamation No. 9, the law
governing the Constitutional
Commission. October 12, 1986
approved the proposed constitution
after 133 days of work.
40. Brief History of
Philippine Constitution
October 15,1986 held its final
session to sign 109-page draft
constitution. On the same day, the
draft in its original form in English
and Filipino was presented to the
President.
