Lesson 2

• Constitution of the Philippines


  The fundamental law governing the Philippines since it became independent on July 4, 1946
• The 1987 Constitution is the fourth fundamental law to govern the Philippines
• The first was the Commonwealth Constitution, adopted in 1935
• The second was the constitution of 1973, which was enforced during the Marcos regime
• On February 25, 1986, the new President proclaimed a Freedom Constitution to be effective pending the adoption of permanent constitution
• President Corazon C. Aquino created a Constitutional Commission to frame a new charter not later than September 2, 1986
• The Commission approved the final draft of the new constitution on October 15, 1986
• The plebiscite on the proposed constitution was scheduled and held on February 2, 1987
• 76.29% of the electorate voted to ratify the proposed Constitution, with only 22.74% against
• Supremacy of the Constitution


  The Constitution is the basic and paramount law to which all other laws must conform and to which all persons, including the highest officials of the land, must defer
• No act shall be valid, however noble its intentions, if it conflicts with the constitution
• The constitution must ever remain supreme, and all must bow to its mandate
• Under the 1987 Constitution, there are three branches of the government: Legislative, Executive and Judiciary
• Legislature


  A body of persons, usually elective, empowered to make, change, or repeal the laws of a country or state
• Functions of the Legislature


  • Determining and prescribing general rules for the government of society
  • Enacting statutes which govern the relations of the people among themselves or between them and the government and its agencies
  • Defining the rights and duties of citizens, imposing taxes, appropriating funds, defining crimes and prescribing their punishment, creating and abolishing offices and determining their jurisdiction and functions
  • Regulating human conduct and the use of property for the promotion of the common good and general welfare of the people in society
• Branches of the Philippine Government


  • Legislative Department
  • Executive Department
  • Judicial Department
• Powers of the Legislative Branch


  • Power to enact laws
  • Police power
  • Power of eminent domain
  • Power of taxation
  • Power to choose who shall become President in case of tie
  • Power to impose death penalty
  • Power to act as a constituent assembly
  • Power to declare the existence of war
  • Power to confirm the appointments of government officials
  • Power to ratify treaty
  • Power to conduct investigation in aid of legislation
  • Immunity from arrest for offenses punishable by not more than six years imprisonment
  • Power to appropriate money
  • Power to impeach
• Legislative Functions


  • Making
  • Deliberating
  • Enactment
  • Amending
  • Repealing of laws