Introduction

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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 the supreme law of the Philippines. The Constitution currently in effect was enacted in 1987, during the administration of President Corazon C. Aquino, and is popularly known as the "1987 Constitution. Philippine constitutional law experts recognise three other previous constitutions as having effectively governed the country the 935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution. Constitutions for the Philippines were also drafted and adopted during the shortlived governments of Presidents Emilio Aguinaldo (1898) and Jos P. Laurel (1943).
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Nature and purpose of Constitution

1. It serves as the supreme or fundamental law 2. It establishes basic framework and underlying principles of government

Constitutional Law
Body of law derived from country's written constitution. It lays down and guides the duties and powers of the government, and the duties and rights of its citizens and residents.

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Kind of Constitution
1. As to their origin and history
a. Conventional or enacted b. Cumulative or evolved

2. As to their form
a. Written b. Unwritten

3. As to manner of amending them

a. Rigid or inelastic b. Flexible or elastic

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Constitution distinguished from Statute

1. Constitution is a legislation direct from the people 2. Constitution merely states the general framework of the law 3. Constitution is intended not merely to meet existing conditions but to govern the future 4. Constitution is the supreme or fundamental law

Statute
1. Is a legislation from the peoples representatives. 2. It provides the details of the subject of which it treats 3. Is intended primarily to meet existing conditions only 4. Statute conforms to Constitution.

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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 Territory Article II - Declaration of Principles and State Policies Article III - Bill of Rights Article IV - Citizenship Article V - Suffrage Article VI - Legislative Department Article VII - Executive Department Article VIII - Judicial Department Article IX - Constitutional Commission Article X - Local Government Article XI - Accountability of Public Officers Article XII - National Economy and Patrimony Article XIII - Social Justice and Human Rights Article XIV - Education, Science and Technology, Arts, Culture and Sports Article XV - The Family Article XVI - General Provisions Article XVII - Amendments or Revisions Article XVIII - Transitory Provisions
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Preamble of the 1987 Constitution

The Preamble reads:

We, 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 posterity, 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.

2012 Charie Camilo. All rights reserved.

Significant features of the 1987 Constitution

The Constitution establishes the Philippines as a "democratic and republican State", where "sovereignty resides in the people and all government authority emanates from them". (Section 1, Article II) Consistent with the doctrine of separation of powers, the powers of the national government are exercised in main by three branches the executive branch headed by the President, the legislative branch composed of Congress and the judicial branch with the 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 Charie Camilo. All rights reserved.

Historical Constitution
Malolos Constitution (1899) Commonwealth and Third Republic (1935) Japanese Sponsored Republic (1943) Martial Law Constitution (1973) Freedom Constitution (1986)

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Malolos Constitution (1899)

First republic

The Malolos Constitution was the first republican constitution in Asia. It declared that sovereignty resides exclusively in the people, stated basic civil rights, separated the church and state, and called for the creation of an Assembly of Representatives to act as the legislative body. It also called for a Presidential form of government with the president elected for a term of four years by a majority of the Assembly. It was titled "Constitucin poltica", and was written in Spanish following the declaration of independence from Spain, proclaimed on January 20, 1899, and was enacted and ratified by the Malolos Congress, a Congress held in Malolos, Bulacan.

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Commonwealth and Third Republic (1935)

1935 Constitution

The 1935 Constitution was written in 1934, approved and adopted by the Commonwealth of the Philippines (19351946) and later used by the Third Republic of the Philippines (19461972). It was written with an eye to meeting the approval of the United States Government as well, so as to ensure that the U.S. would live up to its promise to grant the Philippines independence and not have a premise to hold onto its possession on the grounds that it was too politically immature and hence unready for full, real independence.

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Japanese Sponsored Republic (1943)

Second Philippine Republic

The 1943 Constitution of the Republic of the Philippines , composed of a preamble and twelve articles, creates a Republican state with a powerful executive branch and subordinate legislative and judicial branches. The executive power is vested in the President, who is to be elected by the members of the National Assembly from among themselves. The President is the head of government, and commander-in-chief of the Armed Forces. The powers of the President are: to veto any bill of the Assembly, to promulgate regulations when the Assembly is not in session and in times of war or national emergency, to declare martial law, to suspend the privilege of the writ of habeas corpus, and to appoint the members of the Council of State and officials of the local government. A limited legislative power is exercised by the unicameral National Assembly whose members, like the President, are not directly elected by the people.

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Rather, the Assembly, is to be composed of representatives from each province elected in Kalibapi conventions throughout the country with appointed governors and mayors as ex-officio members. The judicial power is exercised by the Supreme Court whose justices, together with judges of lower courts, are to be appointed by the President.

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Martial Law Constitution (1973)

1973 Constitution of the Philippines

The 1973 Constitution, promulgated after Marcos' declaration of martial law, was supposed to introduce a parliamentary-style government. Legislative power was vested in a National Assembly whose members were elected for six-year terms. The President was ideally supposed to be elected as the symbolic and purely ceremonial head of state from the Members of the National Assembly for a six-year term and could be re-elected to an unlimited number of terms.

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Freedom Constitution (1987)

1987 Constitution of the Philippines

Following the EDSA People Power Revolution that removed President Ferdinand E. Marcos from office, the new President, Corazon C. Aquino issued Proclamation No. 3 as a provisional constitution. It adopted certain provisions from the 1973 constitution and granted the President broad powers to reorganise the government and remove officials from office, and mandated that the president would appoint a commission to draft a new constitution.

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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 the family as basic social institution and of the 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 private enterprises 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.