P

OLITICS &G
OVERNANCE W
ITH EW N C
ONSTITUTION
***Book Reference: Textbook on the Philippine Constitution by Hector S. De Leon & Hector M. De Leon Jr. (2014)***

I.) CONCEPTS OF STATE AND GOVERNMENT
 MEANING OF STATE:
-A STATE is a community of persons more or less numerous,
permanently occupying a definite portion of a territory, having a
government of their own to which the great body of inhabitants
render obedience, and enjoying freedom from external control.
 ELEMENTS OF A STATE:
The modern state has 4 essential elements:
1. People
 Refers to the inhabitants living within the state
 Without people there can be no functionaries to govern and no
subjects to be governed
 There is no requirement as to the number of people that should
compose a state so long as it is numerous enough to enable state
to perform its international obligations and to assure continued
existence as a collective body
 Ideally, it should be neither too small nor too large: small enough
to be governed and large enough to be self-sufficing
2. TERRITORY
 The space on earth occupied by the state
 It includes not only the fixed portion of land over which jurisdiction
of the states extends (territorial domain), but also the rivers and
lakes therein, a certain area of the sea which abuts upon its
coasts (fluvial and maritime domain) and the air space above
the land and waters (aerial domain)
 Thus, the domain of the state may be described as terrestrial,
fluvial, maritime, and aerial
 There is no requirement as to the area of the territory that should
compose a state so long as it is wide enough to provide the
basic needs of its people
3. GOVERNMENT
 It refers to the agency through which the will of the state is
formulated, expressed, and carried out
 Is the machinery or the instrument by which the power of the
state expresses its will and exercises its functions
4. SOVEREIGNTY
 Is the supreme power of the state to command and enforce
obedience to its will from people within its jurisdiction and
corollarily, to have freedom from external control
*2 types:
a.) Internal Sovereignty- the power of the state to rule within its  STATE VS. GOVERNMENT
territory  A state cannot exist without a government but it is possible to
b.) External Sovereignty- the freedom of the state to carry out its have a government without a state
activities without subjection to or control by other states; it is often  Thus, we have various governments at different periods of our
referred to as independence history, from pre-Spanish times to the present (there was no
Philippine state during those periods when we were under foreign
NOTE: The internal and internal aspects of sovereignty are not domination)
absolutely true in practice because of the development of  A government may change (its forms), but the state, as long as
international relations and of international law. its essential elements are present, remains the same
QUESTION: Is the Philippines a state? Why?  PURPOSE AND NECESSITY OF A GOVERNMENT
 Generally, the purpose of the government is for the
 ORIGIN OF STATES: advancement of the public welfare=> Government exists and
1. Divine Right Theory should continue to exist for the benefit of the people governed
 It holds that the state is of divine creation and the ruler is ordained  The government is necessary for the:
by God to govern the people  Protection of society and its members
 Security of persons and property
2. Necessity or Force Theory  Administration of justice
 It maintains that the state must have been created through  Preservation of the state from external danger
force, by some great warriors who imposed their will upon the  Dealings of the state with foreign powers
weak  Advancement of the physical, economic, social, and
cultural well-being of the people
3. Paternalistic Theory  Consequence of the absence of the government:
 It attributes the origin of states to the enlargement of the family  Presence of anarchy and disorder
which remained under the authority of the father or mother  General feeling of fear and insecurity will prevail
 By natural stages the family grew into clan, then developed into  Progress and development is impossible
a tribe which broadened into nation, and the nation became a  Truth, freedom, justice, equality, rule of law, and human
state (family=>clan=>tribe=>nation=>state) dignity can never be enjoyed
4. Social Contract Theory  FORMS OF GOVERNMENT
 It asserts that the state must have been formed by deliberate 1. As to the number of persons exercising sovereign powers:
and voluntary compact among the people to form society and a.) Monarchy
organize government for their common good  The supreme and final authority is in the hands of a single person
 This theory justifies the right of the people to revolt against a bad without regard to the source of his election or the nature or
ruler duration of his tenure
 Monarchies are further classified into:
 STATE VS. NATION  Absolute Monarchy- one in which the ruler rules by divine
State Nation right
-is a political concept -ethnic concept  Limited Monarchy- one in which the ruler rules in
-is not subject to external -may or may not be accordance with a constitution
control independent of external b.) Aristocracy
control  Political power is exercised by a few privileged class which is
-a single state may consist of -a single nation may be made known as aristocracy or oligarchy
one or more nations up of several states
c.) Democracy
 Political power is exercised by majority of the people
 Democratic governments are further classified into:
 Direct or Pure Democracy- the will of the state is
formulated or expressed directly and immediately
through the people in a mass meeting or in an assembly
 Indirect/Representative/or Republican Democracy- one
in which the will of the state is formulated or expressed
through the agency of a relatively small and selected
body of persons chosen by the people to act as their
representatives
*The Philippine government is a Representative Democracy based
on the first classification.
2. As to the extent of powers exercised by the central or national
government:
a.) Unitary Government
 The control of national and local affairs is exercised by the central
or national government
b.) Federal Government
 The powers of government are divided between 2 sets of organs,
one for national affairs and the other for local affairs, each organ
being supreme within its own sphere
*The Philippine government is a Unitary Government based on the
second classification.
3. As to relationship between executive and legislative branches of
the government:
a.) Parliamentary Government
 The state confers upon the legislature the power to terminate the
tenure of office of the real executive
b.) Presidential Government
 The state makes the executive constitutionally independent of
the legislature as regards his tenure and to a large extent as
regards his policies and acts
 This branch exists separately from the legislature, to which it is not
responsible and which it cannot, in normal circumstances,
dismiss.
*The Philippine government is a Presidential Government based on
the third classification.
CONCLUSION: On the basis of the above classifications of
government, it can be said that the Philippine government is a
Representative Democracy, Unitary, and Presidential Government
with separation of powers.
II.) HISTORY OF THE PHILIPPINE GOVERNMENT
1. THE PRE-SPANISH GOVERNMENT
 Unit of Government:
 Prior to the arrival of the Spaniards, the Philippines was composed
of settlements or villages, each called Barangay
 Barangay is named after balangay, a Malayan word
meaning “boat” (thereby confirming the theory that the
early Filipinos came to the Philippines in boat)
 It consists of more or less 100 families
 It was virtually a state, for it possessed the four basic
elements of the statehood
 The Datu:
 Each barangay was ruled by a chief called datu in some places,
and rajah, sultan, or hadji in others
 The datu was the barangay’s chief executive, law-giver,
chief judge, and military head
 He was assisted by council of elders (maginoos) which
served as his advisers
 One could be a datu chiefly by inheritance, wisdom,
wealth, or physical prowess
 In form, the barangay was a monarchy with the datu as the
monarch
 Social Classes in the Barangay:
The people of the barangay were divided into 4 classes:
1. The nobility (maharlika)
2. The freemen (timawa)
3. The serfs (aliping namamahay)
4. The slaves (aliping sagigilid)
 Early Laws:
1. Written Laws- promulgated by the Datus
 Maragtas Code- was said to have been written about 1250
AD by Datu Sumakwel of Panay
 Kalantiaw Code- written in 1433 AD by Datu kalantiaw of
Panay
2. Unwritten laws- consisted of customs and traditions which had
been passed down from generation to generation
NOTE: The laws of the barangays were generally fair
2. GOVERNMENT DURING THE SPANISH PERIOD
 Spain’s Title to the Philippines:
 It was based on the discovery made by Ferdinand Magellan in
1521
 Spanish Colonial Government:
 From 1565 to 1821, the Philippines was indirectly governed by the
King of Spain through Mexico because of the distance of
Philippines from Spain
 From 1821, when Mexico obtained her independence from
Spain, to 1898, the Philippines was ruled directly from Spain
 The council in Spain responsible for the administration of the
Philippines was the Council of Indies
 In 1837, the Council of Indies was abolished and legislation for
the Philippines was temporarily performed by the Council of
Ministers
 From 1863, the Ministry of Ultramar (colonies) exercised general
powers of supervision over Philippine Affairs
 The Philippines was given representation in the Spanish Cortes
(the Legislative body of Spain)- 3 times: 1810-1813,1820-
1823,1836-1837
 A basic principle introduced by Spain to the Philippines was the
union of the Church and the State
 Form of Government during Spanish Colonization:
 Unitary Government- The government which Spain established in
the Philippines was centralized in structure and national in scope
 The barangays were consolidated into towns (pueblos)
each headed by gobernadorcillo (little governor)
popularly called capitan
 Provinces (provincia) was headed by a governor
 Cities was also created and governed under special
charters (Cebu was the 1st city to be established in 1565
in the Philippines; the 2nd was Manila in 1571)
*What happened to the Datus?
-Spanish authority converted the datu into the Cabeza de barangay
(tax collector).
-Over the years they became the local aristocracy or the principalia
class
 The Governor-General:
 The powers of government were actually exercised by the
Governor-General who resides in Manila
 He was “Governor-General”, “Captain General”, & “Vice-Royal
Patron”
 As Governor-General, he had executive, administrative,
legislative, and judicial powers
 As Captain General, he was the Commander-in-Chief of
all the Armed Forces in the Philippines
 As the Vice-Royal Patron, he exercised certain religious
powers
 *Because of these broad powers, it has been said that the
Governor-General enjoyed more powers than the King of Spain
himself. This was justified however because of the distance of the
Philippines from Spain
*Miguel Lopez de Legazpi (1565-1571)- 1st Gov.-Gen.
*Gen. Diego de los Rios (1898)- last Gov.-Gen.
 The Judiciary:
 Royal Audencia- was established in 1583, it was the Supreme
Court of the Philippines during the Spanish times
 Its decision was final except on certain cases of great
importance which could be appealed to the king of
Spain
 It also performs functions of executive and legislative
nature
 Territorial Audencia- was established in 1893, exercised appellate
jurisdiction over criminal cases coming from the surrounding
territory
 There were 2 of Territorial Audencia- one in Cebu and
another in Vigan
 Court of First Instance- was established in 1886 in the provinces, it
has both civil and criminal jurisdiction
 Justice of Peace Courts- were established in the different towns
in 1885
 Special Courts were also established:
 Military and Naval Courts- had jurisdiction over military
offenses
 Ecclesiastical Courts- which has cognizance of
canonical matters and ecclesiastical offenses
 Treasury and Commercial Courts- were also created but
later abolished
 Evaluation of the Spanish Government in the Philippines:
 Generally, government which Spain established in the Philippines
was defective
 It was government for the Spaniards and not for the
Filipinos
 The Spanish official were often inefficient and corrupt
 The union of the church and state produce serious strifes
between the ecclesiastical and civil authorities
 Equality before the law was denied to the Filipinos
 Merits of having the Spaniards in the Philippines
 Spanish rules was generally mild and humane when
viewed in the broader light of colonization
o The Filipinos were not brutalized
o Spaniards and Filipinos intermarried and
mingled socially
o Slavery and tribal wars were suppressed
 It brought about the unification of Filipinos
o The diverse tribes were molded into one people,
under one God, one King, & one government
o The spirit of nationalism blossomed
 Spain uplifted the Filipinos from depth of primitive culture
and paganism
o They gave the Filipinos the blessings of
Christianity and European Civilization
3. GOVERNMENT DURING THE REVOLUTIONARY ERA
 The Katipunan Government:
 The Katipunan was secret society that precipitated our glorious
revolution on August 26, 1896
 It was organized by Andres Bonifacio, who together with a group
of Filipino patriots, signed the covenant of the Katipunan with
their own blood on July 7, 1892
 Its goal was to established a free and sovereign Philippines
 Its central government was vested in a Supreme Council
(Kataastaasang Sanggunian)
 In each province, there was a Provincial Council
(Sangguniang Balangay)
 In each town, there was a Popular Council
(Sangguniang Bayan)
 The judicial power was exercised by a Judicial Council
(Sangguniang Hukuman)
 The Biak-na-Bato Republic:
 On November 1, 1897, a republic was established by Gen. Emilio
Aguinaldo in Biak-na-Bato (now San Miguel de Mayumo,
Bulacan)
 It aims to separate the Philippines from the Spanish monarchy
and their formation into an independent state
 The Biak-na-Bato Republic lasted up to Decmber 15, 1897 with
the conclusion of “Pact of Biak-na-Bato”
 The Dictatorial Government:
 Following the outbreak of the Spanish-American War on April 25,
1898, in view of the chaotic conditions in the country, Gen.
Aguinaldo established the Dictatorial Government on May 23,
1898
 The most important achievement:
 Proclamation of Philippine Independence at Kawit,
Cavite on June 12, 1898
 Reorganization of local governments
 The Revolutionary Government:
 On June 29, 1898, Gen. Aguinaldo established the Revolutionary
Government with Himself as President and a Congress whose
function was advisory and ministerial
 It sent diplomatic note to foreign nations, requesting them to
accord formal recognition to the Philippines as free and
independent nation
 The First Philippine Republic:
 Also known as the Malolos Republic with Aguinaldo as president
 It existed from January 23, 1899 to march 23, 1901
 However, it was not recognized by the United States of America
nor by the family of nations
 Nevertheless, it was an organized government because it
actually existed and its authority was accepted by the people
4. GOVERNMENT DURING AMERICAN REGIME
 Military Government:
 The American Military rule in the Philippines began on August 14,
1898, the day after the capture of Manila
 The existence of war gave the President of the US the power to
establish a Military Government in the Philippines, as
Commander-in-Chief of all Armed Forces of the US
 The US president’s authority was delegated to the military
governor who exercised as long as the war lasted, all powers of
government- executive, legislative, & judicial
 Civil Government:
 The Civil Government was inaugurated in manila on July 4, 1901
headed by a Civil Governor
 The Civil Governor:
 The title was later changed to Governor-General on
1905
 He remained the president of the Philippine Commission;
the sole law making body of the government from 1901-
1907
 Commonwealth Government:
 Pursuant to the act of the US Congress on March 23, 1934,
commonly known as the Tydings-McDuffie Law, the
Commonwealth Government was established
 It was inaugurated on November 15, 1935, following the first
national election under the 1935 Constitution held on September
12, 1935 with Manuel Quezon & Sergio Osmena, as president and
Vice-president respectively
 The Tydings-Mcduffie Law
 Provided for a transition period of 10 years during which
the Philippine Commonwealth would operate and at
 the expiration of said period on July 4, 1946, the
independence of the Philippines would be proclaimed
and established
 Form: Republican in from under the Presidential type
 During WWII, the Commonwealth Government functioned in
exiled in Washington from May 13, 1942 to October 3, 1944
 It was reestablished when Gen. Douglas MacArthur, in a
ceremony held at Malacanang Palace on behalf of the US
government, turn over to president Osmena
5. GOVERNMENT DURING THE JAPANESE OCCUPATION
 The Japanese Military Administration:
 It was established in Manila on January 3, 1942, one day after its
occupation
 Under a proclamation of the Japanese High Command, the
sovereignty of the US over the Philippines was declared
terminated
 The Philippine Executive Commission:
 The Philippine Executive Commission composed of Filipinos with
Jorge B. Vargas as Chairman was organized by the military forces
of occupation
 It exercises both executive and legislative powers
 The laws enacted were, however, subject to the approval of the
Commander-in-Chief of the Japanese Forces
 The Judiciary continued in the same form as it was under the
Commonwealth government
 The Japanese-Sponsored Republic of the Philippines:
 It was inaugurated on October 14, 1943 with Jose P. Laurel as
president
 It was of the same character as the Philippine Executive
Commission
 Like the latter, the ultimate source of its authority was the
Japanese military
 President laurel proclaimed the dissolution of the Japanese
sponsored republic of the Philippines on August 17, 1945
6. PROVISIONAL GOVERNMENT OF 1986
*Provisional in a sense that it is a government intended to serve during
a transitional period until a permanent constitution is adopted.
 Revolutionary Government:
 The Provisional Government of 1986 was revolutionary because it
was instituted not in accordance with the procedure provided in
an existing constitution
 It was a Revolutionary Government in a sense that the
Provisional Government was installed by direct action of
the people or by “people power”, deriving its existence
and authority directly from the people themselves and
not from the then operating 1973 Constitution
 The Provisional Government was democratic because it was
installed by direct action of the people as a direct expression or
manifestation of their sovereign will, and, therefore, it was based
on the consent of the governed or approval of the people
 Being direct creation of the people, its powers was
derived from the people to whom alone it is
accountable
 It is said that the Revolutionary government was clothed
with unlimited powers because it makes its own laws; it is
“a law unto itself”
 However with the adoption of the provisional
constitution (proclamation no. 3), the revolutionary
government opted to abide with and to subject itself to
the provisions while waiting for the ratification of the final
constitution
Question: Is the Provisional Government a De jure or De facto
government?
 De Jure vs. De Facto:
De jure De facto
-is constituted or founded in -not so constituted or founded
accordance with the existing with the existing constitution but
constitution of the state has the general support of the
(According to law) people (According to fact)
A de facto government acquires a de jure status when it gains
(a)wide acceptance from the people and recognition from the
(b)community of nations
Answer: It was a de facto government but acquired a de jure status
(a.)There was no question then that the revolutionary
government had won continuous public acceptance and
support without resistance whatsoever anywhere in the
Philippines
(b.) There was a recognition of practically all foreign nations
6. THE PREVIOUS & THE PRESENT PHILIPPINE REPUBLICS
1. First Republic- was established on January 23, 1989 under the
Malolos Constitution
2. Second Republic- was established on October 14, 1943 under the
Japanese sponsored Constitution
3. Third Republic- was established on July 4, 1946 under the 1935
Constitution
4. Fourth Republic- under the 1973 Constitution
5. Fifth Republic- came into being upon the ratification of the 1987
Constitution on February 2, 1987
III.) CONCEPT OF CONSTITUTION
 CONSTITUTION:
 Refers to “that body of rules and principles in accordance with
which the powers of the sovereignty are regularly exercised”
 A written instrument by which the fundamental powers of the
government are established, limited, and defined and by which
these powers are distributed among the several departments or
branches for their safe and useful exercise for the benefit of the
people
 It is the fundamental law of the land
 NATURE AND PURPOSE OF CONSTITUTION:
1. Serves as the supreme or fundamental law
 the constitution is binding on all individual citizens and all
organs of the government
 it occupies the highest level in the hierarchy of laws
 it is the law to which all other laws must conform
 it is the test of the legality of all governmental actions
2. Establishes basic framework and underlying principles of
government
 it prescribes the permanent framework of the system of
government and to assign the different departments or
branches, their respective powers and duties, and to
established certain basic principles on which the
government is founded
3. Designed to protect the basic rights of the people
 the constitution is primary designed to preserve and protect
the rights of the individuals against the arbitrary actions of
those in authority
 it set forth the basic rights of the people which the
government must observe, respect, and protect
 CONSTITUTIONAL LAW:
 It is the branch of public law which deals with constitution: their
nature, formation, amendment, and interpretation
 KINDS OF CONSTITUTION:
1. As to their origin and history
a.) Conventional or Enacted- one in which is enacted by a
constituent assembly or granted by a monarch to his subjects like the
Constitution of Japan in 1889
b.) Cumulative or evolved- like the English Constitution, one which is
a product of growth or a long period of development originating in
customs, traditions, judicial decisions, etc., rather than from
deliberate and formal enactment
*The 1987 Constitution is conventional or enacted. Drafted by
Constitutional Commission.
2. As to their form
a.) Written- one which has been given definite written form at a
particular time, usually by specially constituted authority called a
“constitutional convention”
b.) Unwritten- one which is entirely the product of political evolution,
consisting largely of a mass customs, usages and judicial decisions
together with a smaller body of statutory enactment of a
fundamental character, usually bearing different dates
*The 1987 Constitution is written. It was ratified and became effective
on February 2, 1987.
3. As to the manner of amending them
a.) Rigid or Inelastic- one regarded as a document of special sanctity
which cannot be amended except by some special machinery more
cumbrous than the ordinary legislative process
b.) Flexible or Elastic- one which possesses no higher legal authority
than ordinary laws and which may be altered in the same way as
other laws
*The 1987 Constitution is rigid or inelastic.
 REQUISITES OF A GOOD WRITTEN CONSTITUTION:
1. As to form
a.) Brief- a constitution that is too detailed would lose its very nature
of being a basic or fundamental law; it is short and concise but covers
the most important parts
b.) Broad- a constitution is required to be comprehensive in scope as
much as possible. This must be so to make it “flexible and easily
adaptable to changing social, economic, and political conditions,”
without necessarily amending it every now and then, “for a
constitution is designed to be a permanent document to serve a
country for many generations
c.) Definite- a constitution should be clear, free from vagueness, so
that it would not “lead to opposing interpretations of its essential
features,” which if not carefully crafted, may lead to “incalculable IV.) CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
harm” 1. 1898 CONSTITUTION/MALOLOS CONSTITUTION
 This constitution was the first democratic constitution ever
2. As to contents promulgated in the whole of Asia
a.) There must be provisions that should set the “framework of  It established “a free and independent Philippine Republic”
government and its structures & powers,” and define the electorate; (Malolos Republic)
this group of provisions has been called the Constitutional
Government 2. 1935 CONSTITUTION
b.) There must be provisions that should set forth the “fundamental  This constitution existed because of the Tydings-McDuffie Law,
rights of the people” and impose “certain limitations of the powers of otherwise known as the Philippine Independence Act, enacted
the government as a means of securing the enjoyment of these the US Congress, authorizing the Philippine Legislature to call a
rights”; this group of provisions has been called the Constitution of constitutional convention to draft a constitution for the Philippines
Liberty  It was ratified on May 14, 1935 by the Filipino electorate by a vote
c.) There should be provisions that should point out “the mode or of 1,213,046, with 44,963 against
procedure for amending or revising the constitution”; this group of
provisions has been called the Constitution of Sovereignty  Conditions of the Drafting of the 1935 Constitution:
 The said constitution to be drafted should be republican in
 CONSTITUTION VS. STATUTE: form
Constitution Statute  Should include a bill of rights
-is a legislation direct from the -is a legislation from the  Should contain certain provisions intended to define the
people people’s representatives relations between the Philippines and the US during the
-merely states the general -provides the details of the Commonwealth period and after the establishment of the
framework of the law and the subject of which it treats Philippine Republic
government
-is intended not merely to meet -is intended primarily to meet  Sources of the 1935 Constitution:
existing conditions but to existing conditions only  1898 Malolos Constitution
govern the future  3 organic laws that were enforced in the Philippines before
-is the supreme or fundamental -statutes must conform to the the passage of the Tydings-McDuffie law
law of the State constitution since it is said to be o The instruction of Pres. William McKinley to the
the fundamental law of the Second Philippine Commission on April 7, 1900
land o The Philippine Bill on July 1, 1902
o The Jones law of August 26, 1916
 WHO INTERPRETS THE CONSTITUTION?
 This function primarily belongs to the courts whose final decisions  Amendments:
are binding on all departments or organs of the government,  Establishing a bicameral legislature
including the legislature  Allowing the re-eligibility of the President and the Vice-
 However, constitutional questions like political questions President for a 2nd year term of office
are addressed to the discretion of the other departments  Creating a separate Commission on Election
(Executive & Legislative Branch) and therefore beyond  The so called “Parity Amendment” which gave the
the power of the judiciary to decide American citizens equal rights with the Filipinos in the
 Example: The determination of the president as to which exploitation of our natural resources and the operation of
government is to be recognized by the Philippines public utilities
cannot be passed upon by the courts.
 Women Suffrage:
 The National Assembly passed a law which extended
right of suffrage to women, making the Filipino women
the first Asian women to exercise the rights of suffrage
QUESTION: Why does the 1935 Constitution limited only the right of  Supremacy of civilian authority over the military (Art. II, sec.
suffrage to male Filipinos? 3)
 Separation of church and state (Art. II, sec. 6)
ANSWER:  Recognition of the importance of the family as a basis social
-because there was no popular demand for the right of suffrage by institution and of the vital role of the youth in nation building
Filipino women themselves (Art. II, sec. 12, 13; Art. XV)
-granting women the right to suffrage would only disrupt family unity  Guarantee of human rights (Art. III, secs. 1-22)
as the women actually engage in politics  Government through suffrage (Art. V, sec. 1)
 Separation of powers (Art. VI, sec. 1)
3. 1973 CONSTITUTION  Independence of the judiciary (Art. VIII, sec. 1)
 Was enacted because of the flaws and inadequacies in the 1935  Guarantee of local autonomy (Art. X, sec. 2)
constitution (felt necessities of the time)  High sense of public service morality and accountability of
 The new and grave problems arising from an ever public officers (Art. XI, sec. 1)
increasing population  Nationalization of natural resources and certain private
 Drafted by Constitutional Convention enterprises affected with public interest (Art. XII, secs.
2,3,12,17,18)
 Sources of the 1973 Constitution:  Non-suability of state (Art. XVI, sec 3)
 Malolos Constitution  Rule of the majority
 1935 Constitution  Government of laws and not of men

 Amendments:  Constitutional Commission Vs. Constitutional Convention:

 Making the then incumbent president, the regular President Constitutional Commission Constitutional Convention
and regular Prime Minister -the president will appoint -the people who will draft the
 Granting concurrent law-making powers to the President certain individuals to draft the constitution is elected a the
which latter exercised even after the lifting of martial law in constitution electorate
1981
 Establishing a modified parliamentary form of government
 Permitting natural-born citizens who have lost their citizenship
to be transferees of private land, for use by them as
residence
 Allowing the “grant” of lands of the public domain to
qualified citizens
 Providing for urban land reform and social housing program

4. 1987 CONSTITUTION
 Was drafted by a Constitutional Commission

 Sources of the 1987 Constitution:

 Malolos Constitution
 1935 Constitution
 1973 Constitution

 New Principles Contained in the new Constitution:

 Recognition of the aid of Almighty God (preamble)
 Sovereignty of the people (Art. II, sec. 1)
 Renunciation of war as an instrument of national policy (Art.
II, sec. 2)