Philippine Constitution

Introduction

Concept of Constitution

Meaning of Constitution
Body of rules and principles in accordance with which the powers of sovereignty are regularly exercised The written instrument by which the fundamental powers of the government are established, limited, 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.

Nature and Purpose

1. Serves as the supreme or fundamental law. A constitution is the charter creating the government It has the status of a supreme law as it speaks for the entire people from whom it derives its claims and obedience. It is the law which all other laws must conform and in accordance with which all private rights must be determined and all public authority administered.

2. Establishes basic framework and underlying principles of government. To assign to different departments or branches, their respective powers and duties, and to establish certain basic principles on which the government is founded. It is primarily designed to preserve and protect the rights of individuals against subjective actions of those in authority.

What is constitutional law?

It is the branch of public law which treats of constitutions, their nature, formation, amendment, and interpretation.

Kinds of Constitution

1. As their origin and History

a. Conventional or enacted - One which is enacted by a constituent assembly. b. Cumulative or evolved A product of growth or a long period of development origination from customs, traditions, judicial decisions, etc.

2. As their form
a. Written One which has been given definite written form at a particular time, usually by a specially constituted authority called a Constitutional Convention b. Unwritten One which is entirely the product of political evolution

However there is no Constitution which is purely written or unwritten

3. As to manner in amending them:

a. Rigid or inelastic one regarded as a documentary of special sanctity which cannot be amended or altered except by some special machinery . b. Flexible or elastic which may be altered in the same way as other laws.

Characteristics of The Philippine Constitution

Conventional or enacted Written Rigid and inelastic. It was drafted by an appointive body called Constitutional Commission.

Advantages and disadvantages of a written constitution

It has the advantage of clearness and definiteness over the unwritten. Its disadvantage lies in the difficulty of its amendment. This prevents immediate introduction of needed changes and may thereby retard the healthy growth and progress of the state.

Requisites of a good written constitution 1. As to form a good written constitution should be: a. Brief not too detailed b. Broad comprehensive as possible c. Definite Free from vagueness and ambiguity

2. As to contents, it should contain at least three sets of provisions: a. Constitution of government Framework of the government b. Constitution of liberty Bill of rights c. Constitution of Sovereignty modes of amending or revising the constitution.

Constitution distinguished from statute

1. A constitution is a legislation direct from the people while a statute is a legislation from the peoples representatives. 2. A constitution merely states the general framework of the law and the government, while a statute provides details of the subject of which it treats.

3. A constitution is intended not merely to meet existing conditions but to govern the future, while a statute is intended primarily to meet existing conditions only 4. A constitution is the supreme or fundamental law of the state to which statutes and all other laws must conform.

Government of law and not of men

1. Concept It is meant that no man in this country not even the government is above or beyond the law. Every man, however how high and mighty his station may be possesses no greater rights than every other man in the eyes of law.

2. Exercise of government powers. A government of laws, as contrasted with a government of men, is a limited government. It has only the powers given it by the Constitution and laws, and may not go beyond the grants and limitations set forth therein.

3. Observance of the law He cannot take the law into his own hands by resorting to violence or physical force to enforce his rights or achieve his ends without being civilly and criminally held liable for his own action. 4. Significance of the principle - It is basic that laws must be obeyed by all and applied to everyone without fear or favor.

Every citizen has thus a stake in the rule of law as contrasted to the rule of men. Without it, there is only anarchy, or a mere semblance of order under a dictatorship.