The Philippine

Constitution
Zarah P. Muoz
Bachelor of Science in Accountancy 3

History and Evolution

(1897) Biak-Na-Bato Constitution
(1899) Malolos Constitution
governed the First Philippine Republic proclaimed in Barasoain
Church
Executive, 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 Evolution

The 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 Constitution
It 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. Statutes

Constitution
States 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.

Statutes
Must 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 Constitution

FREEDOM

ABSOLUTE

ANARCHY/
CHAOS

GOVERNMENT
REGULATED

SOCIAL
ORDER

GOVERNMENT
POWER

ABSOLUTE

TYRANNY/
OPPRESSION

CONSTITUTIONALL
Y REGULATED

POLITICAL
ORDER

The Constitution regulates the

government by:
1. By distributing powers to branches of government.
2. By enumerating state policies and principles.
3. By specifying individual rights and freedoms (Bill of Rights).

Supremacy of the Constitution

The 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
Unconstitutionality
I. Orthodox View or Non-Conferring Right Rule
Under 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.

II. Modern View or Operative Fact Doctrine

Under 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 Constitution
As to origin and history:
CONVENTIONAL or ENACTED CONSTITUTION
A constitution can be conventional or granted by the ruler
to his subjects.

CUMULATIVE or EVOLVED CONSTITUTION

Is 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 Constitution
As to Form:
WRITTEN CONSTITUTION
Has 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 CONSTITUTION
Is 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 Constitution
As to manner of amendment:
RIGID CONSTITUTION
It can only be amended or revised through a difficult
process.

FLEXIBLE CONSTITUTION
Is 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:

1. Broadness
Must 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.

2. Brevity
A constitution must be brief because it is not the place in
which details of organization should be set forth.

3. Definiteness
Any vagueness which may lead to opposing interpretations of
essential features may cause incalculable harm.

Essential Parts of a Constitution:

1. Constitution of government
It 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.

2. Constitution of liberty
Portion of the Constitution which lays down the individuals
basic rights and freedoms, which are protective shield against
abuses of government.

3. Constitution of sovereignty
Provides the process for the exercise of peoples sovereign
power to approve, amend or revise the Constitution.

Preamble
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 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:

1.Non-self Executing
Non-self executing provisions do not confer rights nor impose
obligations.
Sleeping provisions and can only be awakened by legislation.

2.Self-executing
they are complete and operative without the aid of
supplementary or enabling legislation.

Constitutional Amendment and

Revision
Revision

It may involve rewriting of

the whole constitution.

Amendment

Visualizes a change of only

specific provisions

Process of Constitutional Amendment

PROPOSED
AMENDMENT

PEOPLE

3/4

CONGRES
S

CALL
2/3 CONSTITUTIONA
L CONVENTION
M
SUBMIT TO
A
PEOPLE THE
J
QUESTION OF
O
CALLING
R
I CONSTITUTIONA
T L CONVENTION
Y

CONSTITUTION
AL
CONVENTION

PEOPLE

CONSTITUTIONA
L CONVENTION

PROPOSED
AMENDMENT
/REVISION
PROPOSED
AMENDMENT
/REVISION

PROPOSED
AMENDMENT
/REVISION

SUBMIT TO
PEOPLE FOR
RATIFICATIO
N

Requirements to Exercise the Power

to Propose Amendments:
1. The people must make petition for the amendment of the
Constitution;
2. The petition must be signed by at least twelve per centum (12%)
of the total number of registered voters;
3. Every legislative district must be represented by at least three
per (3%) centum of the registered voters therein;
4. The amendment to the Constitution by virtue of said petition
must not take place within five years following the ratification of
this Constitution; and
5. The said amendment must take place only once in every five
years thereafter.

THANK YOU !!!