CONSTITUTION

A constitution is that body of rules and principles in

accordance with which the powers of sovereignty are
regularly exercised (Cooley). It is an embodiment of norms
that regulate of the government to its people. According
to Justice Miller of the US Supreme Court, a 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 body politic.
Etymologically, constitution came from the Latin word
constituon, which means fixed, established and settled.

What is the Importance of

Constitution?
The foundation of the system of government of the
Philippines is the constitution.
The fundamental law, as the Philippine Constitution is
appropriately referred to, plays a very important role in the life
of the Filipino nation and its polity. Most significantly it serves as
the foundation of the government. In addition to defining the
structure of the government and demonstrating certain
principles on which the government is and should be founded, it
tells the relationship between the state and its organs and the
citizens, their right and obligations. The constitution embodies
the ideals and aspirations of the Filipino people and the
promotion of their welfare.

Purposes of the Constitution

1. To defined the organization of government.
2. To determine distribution of government
powers.
3. To established principles governing the
operation of government.
4. To define the rights of individual citizens.
5. To hold the state together.

Classification of the Constitution

1. As to their origin and history.
a. Conventional or enacted. One which is
enacted
by a constitution 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 of the development
originating in customs, traditions, and judicial
decisions, rather than from a deliberate and formal
enactment.

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.
b. Unwritten. One which has been given the product of
political evolution, consisting largely of a mass of costumes,
usages, and judicial decisions together with a smaller body
of statutory enactments of a fundamental character, usually
bearing dates. The English Constitution is unwritten only in
the sense that it is not codified in a single document. Part of
it is written the Acts of Parliament and judicial decisions.
Indeed, therefor is no Constitution that is entirely written.

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 that possesses no higher legal
authority than ordinary laws and which may be altered in
the same way as other laws.
The 1987 Philippine Constitution may be classified as
conventional or enacted, written and rigid or enelastic. An
appointive body called Constitutional Commission
drafted it.

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.
3. It gives strong feeling of right and powerful impetus
to action to have the written law clearly on ones
side.
4. It liberties as guide and bases of the people when
their rights and liberties are invalid or endangered.

Disadvantages of Written Constitution

1. It established iron-clad rules which are
difficult to change even if found
inconvenient or oppressive.
2. It is often constructed on technical
principles rather than in the light of great
principles.
3. It is likely to invade the domains of
ordinary legislation.

Advantages and Disadvantages of an

Unwritten Constitution
The principal advantages of an unwritten
Constitution are its flexibility and elasticity which
is reflective at all times to the correct
expressions of the progressive and changing
necessities of the State. Its principal weakness
lies in the fact that it is subj ct to perpetual
changes at the will of the law making power.

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.
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 hensive as
possible.
c. Definite. To prevent ambiguity in its provisions,
which could result in confusion and divisiveness among the
people.

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.
a. Constitution of government is a collective term
used to refer to the group of provisions that deals with
the structure or framework of 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. Articles VI, VII, VIII, IX and X defined the
structure of the Philippine Government, while Article IV
(Citizenship) and Article V clearly define the electorate.

b. Constitution of liberty refers to the provisions or group of

provisions enumerating the basic rights of the people. It
also sets forth the limitations on the power of the
government as a means to the enjoyment of such rights.
The bill of rights (Art.III) of the Constitution enumerates
the fundamental civil, political and other rights of the
Filipino citizens. The article on social Justice and Human
Rights (Art. III) also belong to this group of provisions.
c. Constitution pf sovereignty refers to the model for
introducing amendments to the fundamental law as well
as pointing out the procedure of revising it. Article XVII
(Amending and Revisions) enumerates the ways of
amending or revising the Constitution.

Constitution Distinguished from Statue

1. A constitution is a legislation direct from the people; where
as a statue is legislation from the peoples representative;
2. A constitution merely states the general framework of the
law and the government; whereas a statue provides the
details of the subject of which it treats;
3. A constitution is intended not merely to meet exiting
conditions but to govern the future; whereas a statue is
intended primarily to meet existing conditions only; and
4. A constitution is the supreme fundamental law of the land
to which statues and all other laws must conform.

How is the Constitution be

Amended?
Any amendment to or revision of the
1987 Constitution may be proposed: (1) by
action of the legislative alone; (2) by the
convocation of convention created for the
purpose, (Sec. 1, Art. XVII; and (3) by the
people directly through peoples initiative.

Constituent Body
The congress upon a vote of the three-fourths
of all its members, voting separately (Sec. 1(a),
Art. XVII) may propose amendments to or revise
the Constitution. In the U.S the usual method of
amendment has been proposal by a two-thirds
vote of each house of Congress. The Constitution
of the Bonn Republic in Germany may be
amended by two-thirds vote of the house.

Constitutional Convention
A constitutional convention is a body formed for the
purpose of crafting an entirely new Constitutional revising
an existing one, or devising amendments to it. An essential
feature of a constitutional convention is the election by the
electorate or qualified voters of the delegates. The
delegates, who are the representatives of the people, are
clothed with the authority to draft the constitution, of
propose revisions or formulated amendments to the
existing one. Congress may call a constitutional convention
by two-thirds vote of all members who submit the question
of calling a constitutional convention to the electorate in an
election (Sec. 3, Art. XVII)

Peoples Initiative
This is the first time in the history of constitution-making in the
Philippines that amendments to the constitution may be
introduced directly by the people through a system initiative.
Under this system, it is necessary that there is a petition of at
least 12% of the total number of registered voters in the whole
country. Of this number, every legislative or representative district
must be represented by at least 3% of the registered voters
therein. Ostensibly to avoid abuse of the system, no amendments
of the Constitution may be made after February 2, 1987, the date
of its ratification. Revision is a change involving substantial parts
of the Constitutional or a rewriting of the whole document viewed
in its entirely (Gonzalez, cited by De Leon, 2001)

Brief History of Philippine

Constitution
1. Malolos Constitution. On November 29,1898, the Malolos
Constitution was approved by the members of the Congress and
then forwarded to President Aguinaldo for his approval. On January
3, 1899, President Aguinaldos message was to the congress. On
January 21, 1899 President Aguinaldo finally proclaimed the
malolos constitution as the fundamental law of the land.
2. 1935 Constitution. The drafting of the constitution lasted 6 months
from July 30, 1934 to February 8, 1935. However had signed the
document beginning February 9. Altogether, there were 200
signatories. The Tydings-McDuffie Law required that the
constitution after its approval by The President of the United State.
On May 14, 1935, the plebiscite on the Constitution was held.

3. 1973 Constitution. Shortly after the start of martial

Law , the delegates to the Constitutional Convention
reassembled and resume the work. They worked more
quickly and finished the new constitution on November
29,1972, signing it on the following day.
On December 1,1972 copies of the signed constitution
were given to president Marcos, who in turned submitted
to the people for ratification. In January 10-15, 1973, the
hastily arranged citizen assemblies, composed of voters
were reported to have ratified the constitution by a 95%
positive majority, in open and group voting by raising
their hands. On January 17,1973, president Marcos
signed the constitution and put it into immediate effect.

4. The 1987 Constitution. April 23,1986, President Corazon

C. Aquino issued Proclamation No.9, the law governing the
constitutional Commission of 1986. The law provided for
the organization of a Constitutional Commission and
details of its operation and establishment the procedure of
the submission of the proposed constitution to the
electorate in plebiscite.
October 12, 1986, the Constitutional Commission
approved the proposed new constitutional after 133 days
of work with 44 voting in favor, while two voted against it.
October 15, 1986, the Constitutional Commission held
its final session to sign the 109-page draft Constitution.

On the same day, the draft in its original form of

English and Filipino was presented to the
President.
February 2, 1987, the proposed constitution
was ratified in a plebiscite.

A. THE 1987
CONSTITUTION
The 1987 Constitution is founded upon certain
fundamental principles of government, which have
become part and parcel principles democratic
heritage as a people. Knowledge of these principles
is, therefore, essential to proper understanding of
our organic law. Among these principles as
contained in the new Constitution are the following:
1. Recognition of the aid of the Almighty God(See
Preamble)

2. Sovereignty of the People (Art. II, Sec 6)

3. Renunciation of the war as an instrument of
national policy (Art. II, Sec 2)
4. Supremacy of civilian authority over the military
(Art. II, Sec 3)
5. Separation of church and state (Art. II, 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 (Art. II Sec. 12,13; Art XV)
7. Guarantee of Human Rights(Art. III, Sec 1-22)
8. Government through suffrage (Art. V, Sec 1)

9. Separation of Powers (Art. VI, Sec. 1)

10. Independence of the Judiciary (Art. VIII,
Sec. 1)
11. Guarantee of local autonomy (Art. X, Sec 2)
12. High sense of public service morality and
accountability of public officers (Art. XI,
Sec. 1)
13. Nationalization of natural resources and
certain private enterprise affected with
public interest (Art. XII, Sec. 2, 3, 17, 18)