[2nd SEM] RPH - Constitution

• Constitution


  A set of rules that guide how a country, state or other political organization works
• Constitution


  A written instrument (document) by which the fundamental powers of 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
• Constitution


  The fundamental law of the land
• Importance of Constitution(4):

  • Maintain law and order
  • Impose rules and regulations
  • Protect individual rights and freedom
  • Limits the power of the government
• Evolution of Philippine Constitution(7)

  • 1897 Constitution of Biak-na-Bato
  • 1899 Malolos Constitution
  • 1935 Commonwealth Constitution
  • 1943 Japanese-Sponsored Constitution
  • 1973 Marcos Administration Constitution
  • 1986 Freedom Constitution
  • 1987 Philippine Constitution
• 1897 Constitution of Biak-na-Bato


  • Provisionary constitution of the Philippines during the Philippine revolution
  • Supreme Council –headed by the president and four department secretaries
• Malolos Constitution


  • Popular, representative government
  • Unicameral legislation
  • Separation of church and state
  • Bill of rights
  • Compulsory and free basic education
• The Malolos Constitution was never fully implemented due to eruption of Philippine-US War
• 1935 Commonwealth Constitution


  • Bicameral legislation
  • 4-year term for the president and vice-president with reelection
  • Right to vote – 21+male citizens; extended to women
• The implementation of the 1935 Commonwealth Constitution was interrupted due to Japanese occupation
• 1943 Japanese-Sponsored Constitution


  • Strong executive powers
  • Unicameral national assembly
  • Short-lived constitution because the Americans came back and gave us our independence
• Upon liberation from the Japanese forces, many succeeding governments reverted back to the 1935 Constitution until Marcos came into picture
• 1973 Marcos Administration Constitution

  • Parliamentary government with Prime Minister and a President
  • Legislative powers was vested in a unicameral National Assembly elected by the people
  • Legalized all decrees, proclamations and orders of the president
• 1986 Freedom Constitution


  • A verbatim copy of the 1973 Constitution minus the provisions of the Batasang Pambansa
  • Aquino vested in herself both executive and legislative powers
  • A transitional constitution that lasted for a year
• 4 Themes of 1987 Philippine Constitution

  • Promotion of social justice
  • Upholding of national sovereignty
  • Democratic governance and the prevention of another dictatorship
  • Respect for human rights and civil liberties
• 1987 Philippine Constitution


  The highest law of the country, binding all Filipino people
• Since its passage in 1987, the 1987 Philippine Constitution has succeeded the "Freedom Constitution"
• The 1987 Philippine Constitution has adopted some provisions of the 1973 Constitution, provided that they are not in conflict with the proclamation, such as the principle of separation of powers, the proper method of converting a bill into a law, and the bill of rights, which includes our political, cultural, social, spiritual, and civil rights
• Branches of government under the 1987 Philippine Constitution


  • Executive Branch
  • Legislative Branch (Divided into two houses - House of Senate and House of Representatives)
  • Judiciary Branch
• Powers of the government were separated from one another and had a system of Checks and Balances under the 1987 Philippine Constitution
• Sections of the 1987 Philippine Constitution

  • Preamble
  • Article I - 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 Commissions
  • 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, Technology, Arts, Culture and Sports
  • Article XV - The Family
  • Article XVI - General Provisions
  • Article XVII - Amendments or Revisions
  • Article XVIII - Transitory Provisions
• 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.'
• Who wrote the 1897 Constitution of Biak na Bato?

  Felix Ferrer and Isabelo Artacho [to which they have copied it from the Cuban Constitution of Jimaguayu, nearly word-for-word].
• Who was the President, Vice President, and Secretary of Treasury in the Supreme Council under the 1897 Constitution of Biak na Bato?

  Emilio Aguinaldo;

  Mariano Trias;

  Isabelo Artacho
• This 1897 Constitution of Biak-na-bato was never fully implemented, since a truce, the pact of Biak-na-bato, was signed between the?

  
  

  Spanish and Philippine Revolutionary Army