A constitution is that body of rules and maxims in
accordance with which the powers of sovereignty are habitually exercised. Broadly speaking, every state has some kind of a constitutiona leading principle that prevails in the administration of its government until it has become an understood part of its system, to which obedience is expected and habitually yielded. (Cooley, 1868) As to Form a) Brief because if it is too detailed, it would lose the advantage of a fundamental law b) Broad should be as comprehensive as possible c) Definite because otherwise of its provisions to concrete situations may prove unduly difficult if not impossible As to Contents a) The Constitution of Government b) The Constitution of Liberty c) The Constitution of Sovereignty
The Constitution of Government That dealing with the framework of government and its powers, and defining the electorate. I. COMPOSITION Legislative Executive Judiciary
Congress
(Bicameral System) 1. President 2. Vice President 3. Armed Forces of the Philippines 4. Secretaries of different departments 5. Agencies/depts . Corporations/ commisions The Supreme Court of the Philippines The Appellate Courts The Lower Courts Lupog Tagapayapa House of Senate House of Congress II. Qualifications Senators Representatives President & Vice President Justices of the Supreme Court and Justices of Collegiate Courts 1. Citizenship Natural born Filipino Citizen Natural born Filipino Citizen
Natural born Filipino Citizen Natural born Filipino Citizen
2. Age At least thirty- five (35) years of age on the day of the election At least twnty- five (25) years of age on the day of the election
At least forty (40) years of age on the day of the election
Justices of the Supreme Court must be at least forty (40) yrs. old 3. Residence in the Philippines Not less than two (2) years immediately preceding the day of election Not less than one (1) year immediately preceding the day of election
Not less than ten (10) years residence in the Philippines immediately prior to election Senators Representatives President and Vice President Justices of the Supreme Court and Justices of Collegiate Courts 4. Academic Qualification Able to read and write Able to read and write
Able to read and write
Member of the Philippine Bar for fifteen (15) years or more and judge of the lower court or engaged in the practice of law in the Philippines 5. Electorate (registered voter) Registered voter Registered voter in his district Registered voter Must have proven competence, integrity, probity and independence Senators Representatives President and Vice President Justices of the Supreme Court and Justices of Collegiate Courts
III. Term of Office Six years (6) but not to exceed two successive terms Three (3) years not to exceed three consecutive terms Six years term without re- election During good behaviour until one reaches the age of seventy (70) Or Becomes incapacitated to discharge his duties IV. How elected into office Chosen at large by the people Chosen by constituents Chosen directly by popular election ( chosen at large) Appointed into office The Constitution of Liberty That setting forth the fundamental rights of the people and imposing certain limitations on the powers of the government as a means of securing the enjoyment of these rights. Liberty is a right coupled with responsibility The Constitution of Sovereignty That pointing out the mode or procedure for amending or revising the constitution. Art. II, Sec. 1, 1987 Philippine Constitution provides:
The Philippine is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. Modes of Amending the Constitution Constitutional Assembly Where a vote of three-fourths (3/4) by ALL its members, voting seperately is required. Constitutional Convention Calls for a proposal by the Senate, election of Constitutional delegates by the people and the actual convention for the amendment, revision or framing of the Constitution.