Introduction to Philippine Constitution 1987Presentation Transcript

1. Introductio 2012 Charie Camilo. All rights reserved.

2. What is constitution? A constitution is a system for government, codified as a written
document, which contains fundamental laws and principles. It usually contains fundamental
political principles,and establishes the structure, procedures, powers and duties,of a
government. The Constitution of the Philippines is thesupreme law of the Philippines. The
Constitution currently ineffect was enacted in 1987, during the administration of President
Corazon C. Aquino, and is popularly known asthe "1987 Constitution. Philippine constitutional
law expertsrecognise three other previous constitutions as havingeffectively governed the
country the935 Commonwealth Constitution, the 1973 Constitution, andthe 1986 Freedom
Constitution. Constitutions for thePhilippines were also drafted and adopted during the short-
lived governments of Presidents Emilio Aguinaldo (1898)and Jos P. Laurel (1943). 2012
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3. Nature and purpose of Constitution1. It serves as the supreme or fundamental law2. It
establishes basic framework and underlying principles ofgovernment Constitutional LawBody of
law derived from countrys written constitution. It laysdown and guides the duties and powers
of the government,and the duties and rights of its citizens and residents. 2012 Charie Camilo.
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4. Kind of Constitution1. As to their origin and history a. Conventional or enacted b. Cumulative or
evolved2. As to their form a. Written b. Unwritten3. As to manner of amending them a. Rigid or
inelastic b. Flexible or elastic 2012 Charie Camilo. All rights reserved.
5. Constitution distinguished from Statute1. Constitution is a legislation direct from the people2.
Constitution merely states the general framework of the law3. Constitution is intended not
merely to meet existingconditions but to govern the future4. Constitution is the supreme or
fundamental law Statute1. Is a legislation from the peoples representatives.2. It provides the
details of the subject of which it treats3. Is intended primarily to meet existing conditions only4.
Statute conforms to Constitution. 2012 Charie Camilo. All rights reserved.
6. Parts of the 1987 Constitution The Constitution is divided into 18 parts, excluding the Preamble,
which are called Articles. The Articles are as follows:
Article I - National TerritoryArticle
II - Declaration of Principles and State PoliciesArticle
III - Bill of RightsArticle
IV - CitizenshipArticle
V SuffrageArticle
VI - Legislative DepartmentArticle
VII - Executive DepartmentArticle
VIII - Judicial DepartmentArticle
IX - Constitutional CommissionArticle
X - Local GovernmentArticle
XI - Accountability of Public OfficersArticle
XII - National Economy and PatrimonyArticle
XIII - Social Justice and Human RightsArticle
XIV - Education, Science and Technology, Arts, Cultureand SportsArticle
XV - The FamilyArticle
XVI - General ProvisionsArticle
XVII - Amendments or RevisionsArticle
XVIII - Transitory Provisions 2012 Charie Camilo. All rights reserved.
7. Preamble of the 1987 ConstitutionThe Preamble reads:We, the sovereign Filipino people,
imploring the aid of AlmightyGod, in order to build a just and humane society, and establish
aGovernment that shall embody our ideals and aspirations, promotethe common good,
conserve and develop our patrimony, and secureto ourselves and our posterity, the blessings of
independence anddemocracy under the rule of law and a regime of truth, justice,freedom, love,
equality, and peace, do ordain and promulgate thisConstitution. 2012 Charie Camilo. All
rights reserved.
8. Significant features of the 1987 Constitution The Constitution establishes the Philippines as
a"democratic and republican State", where "sovereignty residesin the people and all
government authority emanates fromthem". (Section 1, Article II) Consistent with the
doctrineof separation of powers, the powers of the nationalgovernment are exercised in main
by three branches the executive branch headed by the President, the legislativebranch
composed of Congress and the judicial branch withthe Supreme Court occupying the highest
tier of the judiciary. Section 1. Article 2. The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government authority emanates from them. 2012
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9. Historical Constitution Malolos Constitution (1899) Commonwealth and Third Republic
(1935) Japanese Sponsored Republic (1943) Martial Law Constitution (1973) Freedom
Constitution (1986) > 2012 Charie Camilo. All rights reserved.
10. Malolos Constitution (1899) First republic The Malolos Constitution was the first
republicanconstitution in Asia. It declared that sovereignty residesexclusively in the people,
stated basic civil rights, separatedthe church and state, and called for the creation of
anAssembly of Representatives to act as the legislative body. Italso called for a Presidential
form of government with thepresident elected for a term of four years by a majority of
theAssembly. It was titled "Constitucin poltica", and waswritten in Spanish following the
declaration of independencefrom Spain, proclaimed on January 20, 1899, and was enactedand
ratified by the Malolos Congress, a Congress heldin Malolos, Bulacan.< 2012 Charie Camilo.
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11. Commonwealth and Third Republic (1935) 1935 Constitution The 1935 Constitution was written
in 1934,approved and adopted by the Commonwealth of thePhilippines (19351946) and later
used by the Third Republicof the Philippines (19461972). It was written with an eye tomeeting
the approval of the United States Government aswell, so as to ensure that the U.S. would live
up to itspromise to grant the Philippines independence and not havea premise to hold onto its
possession on the grounds that itwas too politically immature and hence unready for full,
realindependence.< 2012 Charie Camilo. All rights reserved.
12. Japanese Sponsored Republic (1943) Second Philippine Republic The 1943 Constitution of the
Republic of thePhilippines , composed of a preamble and twelve articles,creates a Republican
state with a powerful executive branchand subordinate legislative and judicial branches.
Theexecutive power is vested in the President, who is to beelected by the members of the
National Assembly fromamong themselves. The President is the head of government,and
commander-in-chief of the Armed Forces. The powers ofthe President are: to veto any bill of
the Assembly, topromulgate regulations when the Assembly is not in sessionand in times of war
or national emergency, to declare martiallaw, to suspend the privilege of the writ of habeas
corpus,and to appoint the members of the Council of State andofficials of the local government.
A limited legislative poweris exercised by the unicameral National Assembly whosemembers,
like the President, are not directly elected by thepeople. 2012 Charie Camilo. All rights
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13. Rather, the Assembly, is to be composed ofrepresentatives from each province elected in
Kalibapiconventions throughout the country with appointedgovernors and mayors as ex-officio
members. Thejudicial power is exercised by the Supreme Courtwhose justices, together with
judges of lower courts,are to be appointed by the President.< 2012 Charie Camilo. All rights
reserved.
14. Martial Law Constitution (1973) 1973 Constitution of the Philippines The 1973 Constitution,
promulgated afterMarcos declaration of martial law, was supposed tointroduce a
parliamentary-style government. Legislativepower was vested in a National Assembly whose
memberswere elected for six-year terms. The President was ideallysupposed to be elected as
the symbolic and purelyceremonial head of state from the Members of the NationalAssembly
for a six-year term and could be re-elected to anunlimited number of terms.< 2012 Charie
Camilo. All rights reserved.
15. Freedom Constitution (1987) 1987 Constitution of the Philippines Following the EDSA People
Power Revolution thatremoved President Ferdinand E. Marcos from office, the newPresident,
Corazon C. Aquino issued Proclamation No. 3 as aprovisional constitution. It adopted certain
provisions fromthe 1973 constitution and granted the President broadpowers to reorganise the
government and remove officialsfrom office, and mandated that the president would appointa
commission to draft a new constitution.< 2012 Charie Camilo. All rights reserved.
16. Basic Principles Underlying the New Constitution
1. Recognition of the Aid of Almighty God
2. Sovereignty of the People
3. Renunciation of war as an instrument of national policy
4. Supremacy of civilian authority over the military
5. Separation of Church and State
6. Recognition of the importance of thefamily as basic social institution and ofthe vital role of
youth in nation building
7. Guarantee of human rights
8. Government through suffrage
9. Separation of Power
10. Independence of Judiciary
11. Guarantee of local autonomy
12. High sense of public service morality and accountability
13. Nationalization of natural resources and certain privateenterprises affected by public
Interest
14. Non suability of the state
15. Rule of the majority; and
16. Government of laws and not men. 2012 Charie Camilo. All rights reserved.