The Philippine Constitution

The Philippine ConstitutionZarah P. MuozBachelor of Science in Accountancy 3History and Evolution(1897) Biak-Na-Bato Constitution (1899) Malolos Constitutiongoverned the First Philippine Republic proclaimed in Barasoain ChurchExecutive, Legislative and Judiciary branches were formed(1934) The first Philippine Constitution was drafted by the virtue of the Tydings-McDuffie Law during the Commonwealth Period and was enforced from 1935-1943.(World War II) The 1943 Constitution was sponsored by the Japanese invaders.History and EvolutionThe Constitution was revised and was enforced from 1946 to 1973.(1973) The 1935 Constitution was replaced with The 1973 Constitution.(1986) the Freedom Constitution was promulgated by Corazon C. Aquino.

The ConstitutionIt is the fundamental law of a state, which organizes the government by distributing, regulating, and limiting legislative, executive and judicial powers, guarantees individual rights and freedoms, and prescribes the manner of the exercise of the sovereign powers.An enactment by direct action of the sovereign people.Absolute and unalterable except by peoples authority from which it emanates.Constitution vs. StatutesConstitutionStates general principles and builds the substantial foundation and general framework of the law and government.A creation of the people in the exercise of its sovereign power.StatutesMust provide the details of the subject of which it treats.

Enacted generally by the Legislature in the exercise of legislative power that emanates from the people.Purpose of the ConstitutionFREEDOMABSOLUTECONSTITUTIONALLY REGULATEDANARCHY/CHAOSSOCIAL ORDERTYRANNY/OPPRESSIONPOLITICAL ORDERABSOLUTEGOVERNMENT REGULATEDGOVERNMENT POWERThe Constitution regulates the government by:By distributing powers to branches of government.By enumerating state policies and principles.By specifying individual rights and freedoms (Bill of Rights).Supremacy of the ConstitutionThe Constitution, being a fundamental law directly made by the people in the exercise of sovereign power, is supreme over national laws. Legislature and the people, through the system of initiative and referendum, enact laws in the exercise of legislative power, while the people ratified the Constitution in the exercise of constituent power. Thus, if there is conflict between the Constitution and the law passed by Congress or by the people, the former will prevail.Effects of Declaration of UnconstitutionalityOrthodox View or Non-Conferring Right RuleUnder this rule, an unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, inoperative, as if it had not been passed.

Modern View or Operative Fact DoctrineUnder this view, the court in passing upon the question of constitutionality does not annul or repeal the statute if it finds the statute in conflict with the Constitution.Kinds of ConstitutionAs to origin and history:CONVENTIONAL or ENACTED CONSTITUTIONA constitution can be conventional or granted by the ruler to his subjects.CUMULATIVE or EVOLVED CONSTITUTIONIs one which is a product of long period of evolution and development originating from customs, traditions, judicial decisions, rather than from formal enactment.Kinds of ConstitutionAs to Form:WRITTEN CONSTITUTIONHas a definite written format on a particular time, usually drafted and written by a specially convened assembly called a Constitutional Convention or constituent assembly.UNWRITTEN CONSTITUTIONIs entirely the product of political developments, consisting of customs, legal traditions and judicial decisions, together with statutory legislations of a basic character, usually bearing different dates.Kinds of ConstitutionAs to manner of amendment:RIGID CONSTITUTIONIt can only be amended or revised through a difficult process.FLEXIBLE CONSTITUTIONIs one which possesses no higher legal authority than ordinary laws and which may be altered in the same ways as other laws and statutes.Characteristics of Good Constitution:BroadnessMust be broad in scope because it must outline an organization of government of the whole state.According to Cruz, the Constitution is supposed to embody the past, reflect the present and to anticipate the future.Brevity A constitution must be brief because it is not the place in which details of organization should be set forth.DefinitenessAny vagueness which may lead to opposing interpretations of essential features may cause incalculable harm.Essential Parts of a Constitution:Constitution of governmentIt is a portion of the Constitution that establishes the main branches of government, defines the powers of government, and assigns them to the said main branches.Constitution of libertyPortion of the Constitution which lays down the individuals basic rights and freedoms, which are protective shield against abuses of government.Constitution of sovereigntyProvides the process for the exercise of peoples sovereign power to approve, amend or revise the Constitution.PreambleWe, 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 prosperity 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.Constitutional Provisions may be:Non-self ExecutingNon-self executing provisions do not confer rights nor impose obligations.Sleeping provisions and can only be awakened by legislation.

Self-executingthey are complete and operative without the aid of supplementary or enabling legislation.Constitutional Amendment and RevisionRevisionIt may involve rewriting of the whole constitution.AmendmentVisualizes a change of only specific provisions Process of Constitutional AmendmentPEOPLECONGRESSCALL CONSTITUTIONAL CONVENTIONSUBMIT TO PEOPLE THE QUESTION OF CALLING CONSTITUTIONAL CONVENTIONCONSTITUTIONAL CONVENTIONPEOPLECONSTITUTIONAL CONVENTIONPROPOSED AMENDMENTPROPOSED AMENDMENT/REVISIONPROPOSED AMENDMENT/REVISIONPROPOSED AMENDMENT/REVISIONSUBMIT TO PEOPLE FOR RATIFICATION3/42/3MAJORITYRequirements to Exercise the Power to Propose Amendments:The people must make petition for the amendment of the Constitution;The petition must be signed by at least twelve per centum (12%) of the total number of registered voters;Every legislative district must be represented by at least three per (3%) centum of the registered voters therein;The amendment to the Constitution by virtue of said petition must not take place within five years following the ratification of this Constitution; andThe said amendment must take place only once in every five years thereafter.THANK YOU !!!