PHILIPPINE CONSTITUTION

• Constitution

  - It is a body of rules and maxims in accordance with which the powers of the sovereign are habitually exercised.
• Constitution - It is the basic principle and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to people in it.
• Constitution “The highest expression of the law”
• The constitution of India is the longest written constitution of any sovereign country in the world, containing 444 articles in 22 parts, 12 schedules and 118 amendments, with 146,585 words in its English-language version.
• With particular reference to the Constitution of the Republic of the Philippines; it is a written instrument enacted by the direct action of the people by which the fundamental powers of the government are established, limited, and defined, and by which those powers are distributed among the several departments for their safe and useful exercise, for the benefit of the body politic (MALCOLM & LAUREL, Philippine Constitutional Law (1936), p. 6)
• What does the constitution prescribe for the government?

  It prescribes the framework of the system
• What does the constitution create and specify?

  It creates departments and specifies their functions
• What is the source of sovereign powers in a government?

  The constitution establishes basic principles
• How does the constitution promote public welfare?

  By ensuring safety, prosperity, health, and happiness
• What rights does the constitution guarantee to the people?

  Freedom of speech, press, and religion
• What obligation does the government have according to the constitution?

  To protect the rights of the people
• What are the main purposes of the constitution?

  • Prescribes the framework of government
  • Creates departments and specifies functions
  • Source of sovereign powers
  • Promotes public welfare
  • Establishes and protects rights of the people
• KINDS OF CONSTITUTION

  According To Form

  - Written (Codified)

  - Unwritten (Uncodified)

  According to Origin

  - Enacted (Conventional)

  - Evolved (Cumulative)

  According To Manner of Amendment

  - Rigid (Inelastic)

  - Flexible (Elastic)
• Written (Codified)

  Constitution in which most of its provisions are embodied in a single formal written document or set of documents. 

  The United States Constitution is an example of a written constitution
• Unwritten (Uncodified)

  Constitution which consists of rules which have not been integrated into a single, concrete form but are scattered in various sources, such as statutes of a fundamental character, judicial decisions, commentaries of publicists, customs and traditions, and certain common law principles. 

  The English Constitution is an example of an unwritten constitution
• Enacted (Conventional)

  Constitution that is formally struck off at a definite time and place following a conscious and deliberate effort taken by a constituent body or ruler.

  The Japanese Constitution of 1889 is an example of an enacted constitution
• Evolved (Cumulative)

  A constitution which results from political evolution, not inaugurated at any specific time but changing by accretion rather than by any systematic method.

  The English Constitution is an example of an evolved constitution
• Rigid (Inelastic)

  Constitution that can be amended only by a formal and usually difficult process.

   

  The Australian Constitution is an example of a rigid constitution
• Flexible (Elastic)

  Constitution that can be altered by the same body that makes ordinary laws of the state.

  The Israeli Constitution is an example of a flexible constitution
• The 1987 Constitution of the Philippines is classified as written, enacted and rigid constitution. 
•    CONSTITUTION OF GOVERNMENT

  This portion of the constitution describes the framework of government and its power; and also defines the electorate. 

  The series of provisions outlining the organization of the government, enumerating its powers, laying down certain rules relative to its administration and defining the electorate (Art. VI, VII, VIII, IX).
• CONSTITUTION OF LIBERTY

  · This part enumerates the fundamental rights of the people guaranteed under the constitution. 

  · The series of prescriptions setting forth the fundamental civil and political rights of the citizens and imposing limitations on the powers of the government as a means of securing the enjoyment of those rights (Art III).
• CONSTITUTION OF SOVEREIGNTY

  · This part indicates the manner of amending or revising the Constitution.

  · Provisions pointing out the mode or procedure in accordance with which formal changes in the fundamental law may be brought about (Art. XVII).
• THE METAMORPHOSIS OF THE PHILIPPINE CONSTITUTION

  Ø Biak-na-Bato Constitution 

  Ø Malolos Constitution

  Ø Acts of the United States Congress

  Ø 1935 Constitution

  Ø 1943 Constitution

  Ø 1973 Constitution

  Ø 1986 Constitution

  Ø 1987 Constitution
• What event led to the stalemate in the Philippine Revolution in 1897?

  The revolutionary forces fled to Biak-na-Bato
• Why did the Spanish forces seek a cease-fire with the revolutionary forces?

  They realized the revolution was widespread
• Who led the Spanish forces during the stalemate in 1897?

  Gen. Miguel Primo de Rivera
• What was formed in March 1897 in Tejeros?

  A revolutionary government with Aguinaldo as President
• Where was the revolutionary government located?

  In Tejeros, San Francisco de Malbon
• What was the agreement made by the assembly of Filipino rebel leaders in Biak-na-Bato?

  To form a republican form of government
• What were the key events leading to the formation of the Biak-na-Bato Constitution?

  • Stalemate in the Philippine Revolution in 1897
  • Revolutionary forces fled to Biak-na-Bato
  • Spanish forces sought a cease-fire
  • Formation of a revolutionary government in March 1897
  • Assembly of Filipino rebel leaders agreed on a republican government
• When was the Biak-na-Bato Constitution promulgated?

  November 1, 1897
• What was the purpose of the Biak-na-Bato Constitution?

  It served as the provisionary constitution during the revolution
• Who accepted the impossibility of quelling the revolution by force?

  Governor-General Fernando Primo de Rivera
• What did Governor-General Primo de Rivera desire regarding Aguinaldo?

  He wanted to make peace with Aguinaldo
• Who acted as a negotiator for the peace settlement?

  Pedro A. Paterno
• What was the outcome of Paterno's efforts?

  It led to the Pact of Biak-na-Bato
• What did the Pact of Biak-na-Bato consist of?

  • Three documents
  • First two signed on December 14, 1897
  • Third signed on December 15, 1897
  • Ended the Republic of Biak-na-Bato
• When were the first two documents of the Pact of Biak-na-Bato signed?

  December 14, 1897
• When was the third document of the Pact of Biak-na-Bato signed?

  December 15, 1897