Intro:
Introduction
Today, we tackle about the evolution of the Philippine constitutions, a run down about the
constitutions that where enacted or implemented in Philippines in the past years and how does the
constitution in the Philippines began.
But before all of that, ano ngaba ang constitution??
-Constitution is well known as the supreme or higher fundamental law of land. (its provisions provide
a framework under which all regulations, legislation, institutions, and procedures operate.) ibig sabhin
po nito, this is the basis of making laws, wala po tayong batas na pwedeng ipasa or gawin na hindi
tutugma sa ating constitution
- these define the nature and extend of government
-it is the basic principles and laws of a nation, state, or social group that determine the powers and
duties of the government and guarantee certain rights to the people in it.
- Basically, A constitution is like the rule book for a state. It is the foundation of the system of the
government. It describes the main institutions of the state, and defines the relationship between
these institutions
- this prescribed the framework for the type of government na pwedeng maimplement sa bansa natin
- It also places limits on the exercise of power, and sets out the rights and duties of citizens. Ibig
sabhin (eto yung nagseset ng limit ng power ng government over its people at eto rin ang
nagproprotect ng rights and freedom ng people mula sa bansa)
-it could define, limit, and distribute the power of the government
- ibigsababihin andtio lahat kung papaano ba patatakbuhin o pamumunuan ang isang bansa
upang itoy mapaunlad
How can we say that a constitution is well written? ( o malalaman na ang isang konstitusyon ay
mahusay ang pagkakagawa):
- it should be broad, (kailangan maipaliwanag ng mabuti ang nilalaman ng konstitusion)
-brief, (kasi kailangan ito ay specific or direct to the point which will lead to the third one which is
-definite ( this will avoid confusion and misinterpretation with the people) para absolute ang
pagkakaintindi ng lahat
-
Now let’s proceed to the different constitution of the Philippines
- Our country have enacted and implemented 6 different constitutions since the Proclamation of
Independence on June 12 1898.
- The constitution of the Philippines or the Supreme law of the republic of the Philippines has been in
effect since 1987.
- Even though we have 6 recorded constitutions, there were only three constitutions that have
effectively governed in the country, those are
- The 1935 Commonwealth Constitution
- The 1937 Constitution and the
- 1986 Freedom Constitution
- There were also previous constitutions proposed by Filipinos in their fight to break free from the
Colonial oppression.
Present Constitution of the Philippines
1987 Constitution
- marks the return of democracy in the Philippines
The 1987 Constitution reflects the Philippines' experience under previous regimes and seeks to promote democracy,
protect human rights, and guide the country towards progress and development. It serves as the bedrock of
Philippine law and governance, ensuring the rule of law and the protection of citizens' rights and liberties.
- When democracy was restored in 1986, president Corazon C. Aquino issued Proclamation No. 3
suspending certain provisions of the 1973 Constitutions and promulgating in its stead a transitory
constitution. She issues an unilateral proclamation establishing a provisional constitutions. This
constitution gave the president broad powers and great authority.
- The 1987 Constitution of the Philippines is a product of the people power (EDSA) revolution of 1986
which ousted the authoritarian regime of President Marcos.
- In the post‐EDSA era, the primary consideration of the administration of President Corazon Aquino
was to restore democracy and to rebuild democratic institutions. This objective underpinned the
process for making the 1987
Constitution.
- it was approved by the 1986 Constitutional Commission on October, 12 1986 and presented it to
Aquino on October 15. The constitution was ratified by a nationwide plebiscite on February 2, 1987.
- This is where the three governmental branches, namely the executive, legislative, and judicial
branches is introduce.
it has 18 articles:
ARTICLE IARTICLE I National Territory
ARTICLE IIARTICLE II Declaration of Principles and State Policies
ARTICLE IIIARTICLE III Bill of Rights
ARTICLE IVARTICLE IV Citizenship
ARTICLE VARTICLE V Suffrage
ARTICLE VIARTICLE VI Legislative Department
ARTICLE VIIARTICLE VII Executive Department
ARTICLE VIIIARTICLE VIII Judicial Department
ARTICLE IXARTICLE IX Constitutional Commissions
ARTICLE XARTICLE X Local Government
ARTICLE XIARTICLE XI Accountability of Public Officers
ARTICLE XIIARTICLE XII National Economy and Patrimony
ARTICLE XIIIARTICLE XIII Social Justice and Human Rights
ARTICLE XIVARTICLE XIV Education, Science and Technology, Arts,
ARTICLE XVARTICLE XV The Family
ARTICLE XVIARTICLE XVI General Provisions
ARTICLE XVIIARTICLE XVII Amendments or Revisions
ARTICLE XVIII - Transitory Provisions
ARTICLE XVIIITransitory Provisions
Key features of the present constitutioon:
1. Preamble: The Constitution begins with a preamble that sets out the aspirations and fundamental
principles upon which the document is founded.
2. Bill of Rights: The Constitution includes an extensive Bill of Rights that guarantees the protection of
individual liberties and civil rights. It enshrines basic freedoms, such as freedom of speech, press,
religion, and the right to due process and equal protection under the law.
3. Separation of Powers: The Constitution establishes a system of checks and balances among the
three branches of government: the executive, legislative, and judicial branches. This is to prevent the
concentration of power in any one branch.
4. Presidential System: The Philippines operates under a presidential system of government, where
the President is both the head of state and the head of government. The President is elected for a
single six-year term and is assisted by a cabinet.
5. Bicameral Legislature: The Congress of the Philippines consists of two houses: the Senate and the
House of Representatives. Senators are elected nationally, while representatives are elected from
various legislative districts.
6. Local Autonomy: The Constitution provides for the decentralization of government powers to local
government units, granting them autonomy and allowing them to make decisions on matters within
their jurisdictions.
7. Judicial Review: The Constitution empowers the judiciary, particularly the Supreme Court, to review
the constitutionality of laws, executive orders, and other government actions.
8. Social Justice: The Constitution emphasizes the promotion of social justice to address economic
inequalities and improve the living conditions of all Filipinos.
9. Agrarian Reform: The Constitution includes provisions for agrarian reform to ensure equitable land
distribution and the empowerment of farmers and rural communities.
10. National Economy and Patrimony: The Constitution sets forth policies to regulate foreign
investments and protect the country's natural resources and economy for the benefit of Filipino
citizens.
11. National Language: The Constitution designates Filipino, based on Tagalog, as the national
language of the Philippines. However, English remains an official language used in government,
education, and business.
12. Family and Marriage: The Constitution recognizes the sanctity of family life and defines marriage
as the union between a man and a woman.
It's important to note that the 1987 Constitution has undergone some amendments and
interpretations over the years. If you need the most up-to-date and accurate information, it's best to
refer to official sources or consult a legal expert.
Now lets proceed to the sections of the 1987 Constitution that is crucially relevant to contemporary
issues.
1. Article II - Declaration of Principles and State Policies: This article outlines the fundamental
principles and policies that guide the government in its decision-making process. Provisions related to
the promotion of social justice, human rights, and the pursuit of balanced economic growth are
particularly relevant to contemporary issues surrounding inequality, poverty, and development.
2. Article III - Bill of Rights: This article guarantees a comprehensive list of individual rights and
freedoms, including freedom of speech, press, and religion. Provisions related to the right to due
process, equal protection under the law, and the prohibition of cruel and inhuman punishment are
critical amid concerns about human rights violations and the rule of law.
3. Article VI - The Legislative Department: This article establishes the structure and powers of the
legislative branch, which is responsible for crafting laws. It is relevant to contemporary issues such as
proposed changes to the economic provisions, political reforms, and initiatives addressing pressing
social and economic challenges.
4. Article VII - The Executive Department: This article outlines the powers and responsibilities of the
President and the Executive branch. Provisions related to the President's authority over foreign policy,
national defense, and the economy are pertinent to contemporary issues on national security,
international relations, and economic development.
5. Article VIII - The Judiciary: This article establishes the judicial branch's independence and authority
to interpret laws and the Constitution. It is relevant to contemporary issues surrounding judicial
accountability, access to justice, and the rule of law.
6. Article X - Local Government: This article provides for the decentralization of government powers
to local government units (LGUs). It is relevant to contemporary issues on local governance,
autonomy, and the need for effective local responses to various challenges.
7. Article XII - National Economy and Patrimony: This article sets forth economic policies aimed at
achieving equitable and sustainable economic development. Provisions related to foreign
investments, land ownership, and the protection of natural resources are significant in the context of
economic growth, job creation, and environmental protection.
8. Article XIII - Social Justice and Human Rights: This article emphasizes the promotion of social justice
and the protection of human rights. Provisions on labor rights, agrarian reform, and the welfare of
vulnerable sectors are relevant to contemporary issues on poverty, labor rights, and social inequality.
9. Article XVI - General Provisions: This article contains provisions related to citizenship, education,
and the role of media in society. These provisions are pertinent to contemporary discussions on
citizenship, education reforms, and press freedom.
10. Article XVII - Amendments or Revisions: This article outlines the process for amending or revising
the Constitution. It is relevant to contemporary issues on proposed changes to the Constitution, such
as charter change (Cha-Cha) initiatives and debates on political reforms.
It's important to note that the relevance of these sections can vary depending on the specific issues
and developments at any given time. For the most up-to-date and accurate information, it's best to
refer to the latest version of the Constitution and consult legal experts and authorities in the
Philippines.