Consti

• Forms of government:

  • Monarchy: supreme authority in the hands of a single person, classified into absolute monarchy and limited monarchy
  • Aristocracy/Oligarchy: political power exercised by a few privileged class
  • Democracy: political power exercised by a majority of the people, classified into direct and indirect democracy
• Unitary government: control of national and local affairs by the central or national government

  • Federal government: powers divided between national and local organs, each supreme within its sphere
• Parliamentary government: legislature has power to terminate the tenure of the real executive, with essential features like members of the government being members of the legislature, Prime Minister chosen from elected members, and government staying in power with majority support
• Presidential government: executive is constitutionally independent of the legislature, with essential features like the President being directly elected by the people and having a fixed tenure
• Kinds of Constitution:

  • Conventional/Enacted: enacted by a constituent assembly or granted by a monarch
  • Cumulative/Evolved: product of growth or long development originating in customs, traditions, judicial decisions
• Kinds of Constitution as to form:

  • Written: given definite written form at a particular time, clear and definite but difficult to amend
  • Unwritten: product of political evolution, consisting of customs, usages, judicial decisions, and statutory enactments
• Kinds of Constitution as to amending them:

  • Rigid/Inelastic: amended by a formal and difficult process
  • Flexible/Elastic: altered easily, possesses no higher authority than ordinary laws
• Requisites of a good written constitution:

  • Broad: covers all aspects of government and citizens
  • Brief: outlines basic principles, adjustable to change and easier to amend
  • Definite: clear to avoid ambiguity
• Elements of State:

  • People: inhabitants within the state
  • Territory: includes land, rivers, lakes, sea area, and air space
  • Government: agency formulating and carrying out the state's will
  • Sovereignty: supreme power of the state to command and enforce obedience, with internal and external manifestations
• Sovereignty has two manifestations:

  • Internal: the power of the state to rule within its territory
  • External: the freedom of the state to carry out its activities without subjection to or control by other states; external sovereignty is often referred to as independence
• The Biak-na-Bato Republic Constitution (1897):

  • Nov. 1, 1897: Aguinaldo established the Biak-na-Bato Republic
  • Isabelo Artacho and Felix Ferrer wrote a constitution based on the one from Jimaguayu, Cuba, becoming the provisionary constitution during the Revolution against Spain
• The 1899 Malolos Republic Constitution:

  • Aguinaldo ordered a Congress in Malolos, Bulacan after the declaration of Philippine Independence
  • Discussions for the Constitution began in October 1898, inspired by constitutions of Mexico, Belgium, Guatemala, Costa Rica, Brazil, and France
  • November 29, 1898: the constitution was approved by the Malolos Congress
  • December 23, 1898: the constitution was signed into law and promulgated on January 22, 1899
• The 1935 Constitution and the Commonwealth Government:

  • Drafted after the approval of the Tydings-McDuffie Act in 1934
  • Finished by January 31, 1935, and approved by the convention on February 8
  • Patterned after the US Constitution, 1898 Malolos Constitution, and 3 organic laws implemented by the Americans in the country
  • Approved by US President Franklin D. Roosevelt on March 23, 1935, and ratified by the Filipino people in a plebiscite on May 14, 1935
• The 1943 Constitution (The Japanese Occupation and the Second Philippine Republic):

  • Japan offered independence to the Philippines during the Japanese Occupation
  • KALIBAPI convened a Philippine Commission for Philippine Independence (PCPI) to write a new constitution
• The 1973 Constitution (Marcos Dictatorship):

  • A Constitutional Convention was convened on June 1, 1971, to write a new constitution
  • President Marcos declared martial law on September 21, 1972, interrupting the convention
  • The new constitution was submitted to "citizen assemblies" for approval in a referendum held from January 10-15, 1973
• The 1987 Constitution:

  • In February 7, 1986, a snap election was held, leading to the EDSA People Power that toppled Marcos' government
  • March 24, 1986: President Aquino signed Proclamation No. 3, promulgating the Freedom Constitution
  • Under the Freedom Constitution, the President had legislative powers until a new constitution was framed