The Constitution of the Philippines

1. The Commonwealth Constitution

Adopted in 1935, was the first Constitution of the Philippines. It became operative after the
proclamation of the Republic of the Philippines.

2. The Constitution of 1973

The second Constitution of the Philippines, which was enforced during the Marcos regime
following its dubious approval and ratification at a time when the country was already under martial
law.

3. Freedom Constitution
The third Constitution of the Philippines and the result of the people power upheaval that
deposed President Marcos. Pres. Corazon C. Aquino proclaimed it to be effective pending the
adoption of a permanent Constitution. It was aimed at correcting the shortcomings of the previous
constitutions and specifically eliminating all the iniquitous vestiges of the past regime.

4. The Constitution of 1987

It is the fourth fundamental law to govern the Philippines since it became independent on
July 4, 1946.

a. Outstanding Features
i. consists of eighteen (18) articles and is excessively long compared to constitutions of 1935
and 1973, on which it was largely based
ii. many of the original provisions of the 1935, particularly those pertaining to the legislative
and the executive departments, have been restored because of the revival of the bicameral
Congress of the Philippines and the strictly presidential system
iii. the independence of the judiciary has been strengthened, with new provisions for
appointment thereto and an increase in its authority, which now covers even political questions
formerly beyond its jurisdiction
iv. many provisions of the 1973 Constitution have been retained, like those on the
Constitutional Commissions and local governments
v. the bill of rights of the Commonwealth and Marcos Constitutions has been considerably
improved and even bolstered with the creation elsewhere in the document of a Commission
on Human Rights

What made the 1987 Constitution excessively long?

It is because of the inclusion therein of provisions that should have been embodied only in
implementing statutes to be enacted by the legislature pursuant to the basic constitutional principles.

b. The 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. All must bow to the mandate of this law.

Right or wrong, the Constitution must be upheld as long as it has not been changed by the
sovereign people lest its disregard result in the usurpation of the majesty of law by the pretenders to
illegitimate power.

c. Prospects of the Constitution

 It must grow with the society it seeks to re-structure and march apace with the progress of
the race, drawing from the vicissitudes of history the dynamism and vitality that will keep it, far from
becoming a petrified rule, a pulsing, living law attuned to the heartbeat of the nation.

Reference: Isagani Cruz

Posted 24th September 2012 by MRC
Labels: Constitutional Law I Political Law