Lesson 3: Midterms (RPH)

• Constitution


  The fundamental law of a nation or state, it establishes the character and basic principles of the government
• Purposes of a Constitution

  • Prescribes the kind of government that will exist in the state
  • Creates the different departments and specifies their respective functions and duties
  • Is the source of the sovereign powers of a government by establishing the fixed, first or basic principles
  • Promotes public welfare, establishes the rights of the people which the government is obligated to protect
• According to their origin and history

  • Conventional or Enacted (decreed by a constituent assembly or granted by a monarch)
  • Cumulative or Evolved (a product of the development originating in customs and traditions rather from a deliberate formal enactment)
• According to their form

  • Written (with a definite form given by a constituted authority known as a "Constitutional Convention")
  • Unwritten (a product of political evolution which consist mainly of customs, usages and judicial decisions)
• According to the manner of amending them

  • Rigid or Inelastic (cannot be altered except by a special legislative process)
  • Flexible or Elastic (can be altered in the same manner as other laws)
• Requisites of a good written constitution

  • As to form: Brief (confined to the basic principles to be implemented), Broad (comprehensive), Definite (to prevent ambiguity)
  • As to contents: Constitution of Government (provision that deals with the government's framework, powers and functions, and limitations), Constitution of Liberty (provision enumerating the fundamental rights of the people), Constitution of Sovereignty (refers to the mode and procedure for introducing amendments to the fundamental law)
• constituo


  latin word; fixed, established, and settled
• Philippine Constitutions framed in our history

  • The Biak-na-Bato Republic Constitution (1897)
  • The Malolos Republic Constitution (1899)
  • The 1935 Constitution and the Commonwealth Government
  • The Japanese Occupation and the Second Philippine Republic (1943 Constitution)
  • The 1973 Constitution and the Marcos Dictatorship
  • The Freedom Constitution
  • The 1987 Constitution
• Biak-na-Bato Republic Constitution (1897)


  The Philippine Revolution reached a stalemate in 1897 when the revolutionary forces of General Emilio Aguinaldo fled to the mountains of Biak-na-Bato in San Miguel de Mayumo, Bulacan. The Constitution was promulgated by the Philippine Revolutionary Government on November 1, 1897, and became the provisionary constitution of the Government during the Revolution against Spain.
• 1897 Constitution


  • Philippines first constitution
  • Also called the Biak-na-Bato Constitution
  • Written by Isabelo Artacho and Felix Ferrer
  • Lasted until General Aguinaldo and Governor General Primo de Rivera signed the pact of Biak-na-Bato
  • Created in accordance with the establishment of the Biak-na-Bato republic
  • Almost the same as the Cuban Constitution of Jimaguayu
• The preamble reiterated the objective of the Revolution which was "the separation of the Philippines from the Spanish monarchy and their formation into an independent state with its own government"
• Malolos Republic Constitution (1899)


  Following the defeat of Spain by the United States in the Spanish-American War In 1898, the Filipinos began their task of creating the independent nation valiantly fought for in 1896. The Malolos Constitution was the first republican constitution in Asia.
• Malolos Constitution


  • The basic law of the First Philippine Republic
  • The first important Filipino document ever produced by the people's representatives
  • Dated and adopted by the First Philippine Republic, which was lasted from 1899 to 1901
  • Written by Felipe Calderon y Roca and Felipe Buencamino as an alternative to proposals by Apolinario Mabini and Pedro Paterno
• Main Features of Malolos Constitution

  • It was based on democratic traditions with three distinct branches of government
  • It called for a presidential form of government with the president elected for a term of four years
  • It recognized the freedom of religion and the separation of the Church and State
  • It emphasized and safeguarded the basic civil rights of Filipinos and foreigners through a Bill of Rights
• 1935 Constitution and Commonwealth Government


  The Americans ran the Government in the Philippines with Filipinos given a role in the legislative function when the Philippine Assembly was established in 1907. Following the signing of the Tydings-Mcduffie Law, the Philippines began to ready itself for its transition from a colonial country into a self-governing nation.
• 1935 Constitution


  • Written by Claro M. Recto
  • Created in accordance with the establishment of the Commonwealth Republic
  • Tydings-Meduffie Law of 1934 caused the drafting
  • Effectivity was halted during the Japanese occupation but continued in 1946 until 1972
  • Constitution had to be approved by Pres. Franklin Roosevelt
  • Ratification included women for the first time
• The 1935 Constitution of the Philippines was written in 1934, approved and adopted by the Commonwealth of the Philippines (1935-1946) and later used by the Third Republic of the Philippines (1946-1972).
• The original 1935 Constitution provides for a unicameral Legislature and a single six-year term for the President. It was amended in 1940 to have a bicameral Congress and limit the President to a four-year term with a maximum of two consecutive terms.
• Key events leading to 1935 Constitution

  • The Jones law of 1916 reorganized the government
  • From 1918 to 1932, there were at least five Philippine independence missions to the United States
  • The Tydings-McDuffie Law was approved by the U.S. Congress on March 24, 1934 providing for the drafting of a constitution for a 10-year "transitional period" government before independence
  • An election was held on July 10, 1934 to vote for the delegates to write the constitution
  • The convention was opened on July 30, 1934
  • The draft was finished on January 31, 1935
  • The constitution was approved by the convention on February 8, 1935
  • It was approved by U.S President Franklin Delano Roosevelt on March 23, 1935
  • The constitution was ratified by the Filipino people in a plebiscite on May 14,1935
• The 1935 Constitution is composed of powers, and duties of the three branches of the government and created the General Auditing Office and laid down the framework in the establishment of the civil service in the country. It also included a Bill of Rights, a provision for women's suffrage, the creation of a Philippine Armed Forces, and the development of a national language.
• The framing of the 1935 Constitution was a momentous event for the Filipino people, it showed the Americans that Filipinos had the capability for self-government that led to the country's independence a decade later.
• Japanese Occupation and the Second Philippine Republic (1943 Constitution)


  Acting on the orders of the Japanese military, the Kapisanan ng Paglilingkod sa Bagong Pilipinas or KALIBAPI, a Filipino political party during the Japanese occupation, convened and elected a Philippines Commission for Philippine Independence to write a new constitution.
• 1943 Constitution


  • Drafted by the PCPI
  • Created in accordance with the establishment of the Second Philippine Republic or Puppet Republic
  • Main purposes were to make Filipinos believe they would be given independence and to allow the Japanese to have more influence over Philippine territory and resources
  • A condensed version of the 1935 Constitution consisting only of a preamble and 12 articles
  • Transitory in nature and had only effect during the war
  • Created a Republic with three offices but no legislature was convened, with powers concentrated in the president
  • Tagalog was declared as the national language
  • Abolished upon the liberation of the Philippines by American forces in 1945 and the re-establishment of the commonwealth
• 1973 Constitution and the Marcos Dictatorship


  A Constitutional Convention was convened in 1971 to write a new constitution. President Marcos declared martial law in 1972 and the convention's activities were halted. The 1973 Constitution, promulgated after Marcos' declaration of martial law, was supposed to introduce a parliamentary-style government.
• The 1973 Constitution allowed for the shifting of the presidential form of government to a parliamentary system. In 1976, the National Assembly was replaced by Batasang Pambansa, under the leadership of Ferdinand Marcos. Before the Constitutional Convention finished, martial law was declared, affecting the outcome of the constitution due to the provisions made by the president.
• 1987 Constitution


  By virtue of Section 1, Article 5 of the Freedom Constitution, President Aquino issued Proclamation No.9 on April 23, 1986, constituting a Constitutional Commission (CONCOM) charged with drafting a new constitution not later than September 2,1986.
• Significant Provisions of the 1987 Philippine Constitution


  • A presidential system of government restores the bicameral congress
  • A modified Bill of Rights details the rights of every Filipino citizen
  • The creation of a Commission on Human Rights
  • The recognition of an Autonomous Region of Muslim Mindanao and the Cordilleras
  • Limited political autonomy for local government units
• On February 11, 1987, the New Constitution was proclaimed ratified and in effect. On the same day, President Aquino, government officials, and the military pledged allegiance to the New Constitution.
• 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.
• Provisions of the 1987 Philippine Constitution

  • Preamble
  • Article I: Declaration of Principles and State Policies
  • Article III: Bill of Rights
  • Article IV: Citizenship
  • Article V: Suffrage
  • Article VI: Legislative Department
  • Article VII: Executive Department
  • Article VIII: Judicial Department
  • Article IX: Constitutional Department
  • Article X: Local Government
  • Article XI: Accountability of Public Officers
  • Article XII: National Economy and Patrimony
  • Article XIII: Social Justice and Human Rights
  • Article XIV: Education, Science and Technology, Arts, Culture, and Sports
  • Article XV: The Family
  • Article XVI: General Provision
  • Article XVII: Amendments of Revisions
  • Article XVIII: Transitory Provisions
• Article 1:


  National Territory
• Article II: 


  Declaration of Principles and State Policies
• Article III:


  Bill of Rights
• Article IV:


  Citizenship
• Article V:


  Suffrage
• Article VI:


  Legislative Department
• Article VII:


  Executive Department
• Article VIII:


  Judicial Department
• Article IX:


  Constitutional Department
• Article X:


  Local Government