Handout in Readings in Phil History – one which, both in form and

substance, is entirely the product of

The CONSTITUTION political evolution, not inaugurated
at any specific time and changing by
Definition of Constitution accumulation rather than by any
specific method
Constitution – may include scattered written
-derived from the Latin word constituo which provisions but is considered
means fixed, established or settled unwritten in the sense of having no
-that body of rules and principles in compact written form
accordance with which the powers of
sovereignty are regularly exercised 3. As to manner of amending them
-the fundamental law according to which the
government of a state is organized and a.rigid or inelastic – one regarded as a
agreeably to which the relations of document of special sanctity which
individuals or moral persons to the cannot be amended or altered except by
community are defined some special machinery larger than the
-the fundamental law of the state, containing ordinary legislative process
the principles upon which government is
founded, regulating the division of the b.flexible or elastic – one which
sovereign powers and directing to what possesses no higher legal authority than
persons each of these powers is to be ordinary laws and which may be altered
exercised in the same way as other laws

Philippine Constitution The Philippine Constitution may be classified as

- a written instrument by which the conventional or enacted, written and rigid or
fundamental powers of government are inelastic.
established, limited and defined, and by
which these powers are distributed among Functions of the Constitution
the several departments or branches for
their safe and useful exercise for the 1.Serves as the supreme or fundamental
benefit of the people law
- the charter creating the government
Classifications - it speaks for the entire people from
whom it derives its claim to obedience
1. As to their origin and history - binding on all individual citizens and all
organs of the government
a.conventional or enacted – one which is - the law to which all other laws must
enacted by a constituent assembly or conform
granted by a monarch to his subjects - in accordance with which, all private
(ex. the Constitution of Japan in 1889) rights must be determined and all public
authority administered
b.cumulative or evolved – one which is the - the test of legality of all governmental
product of growth or long period of actions
development originating in customs,
traditions, judicial decisions, etc rather 2.Establishes framework and underlying
than from a deliberate or formal principles of government
enactment (ex. the English Constitution) - it prescribes the permanent framework
of the system of government and to
2. As to their form assign to the different department or
branches, their respective powers and
a.written duties
– one which has been given definite - establishes certain basic principle on
written form at a particular time, which the government is founded
usually by a special constituted - designed primarily to preserve and
authority called a constitutional protect the rights of individuals against
convention the arbitrary actions of those in authority
– one which most, if not all, of the - sets limit to the power of the legislature
provisions are embodied in a
formally enacted written instrument Contents of a Written Constitution
or in a number of instruments
1.Preamble
b.unwritten
– one which is entirely a product of 2. constitution of government
political evolution, consisting largely -that dealing with the framework of the
of a mass of customs, usages and government and its powers and
judicial decisions together with a defining the electorate
smaller body of statutory -provisions defining the organization,
enactments of a fundamental form and distribution of powers of
character government

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 D. Scope
3.constitution of liberty the 1935 Constitution was intended
- contains the fundamental rights of the both for the Commonwealth and the
people and the limits of the power of Republic
the government to secure the Article XVII later became Article XVIII
enjoyment of people’s rights after the Constitution was amended
- provisions enumerating the civil and (the Commonwealth of the Philippines
political rights of the people (Bill of later became the Republic of the
Rights) Philippines)

4. constitution of sovereignty E. Amendments

-the mode or procedure for amending or the 1935 Constitution was amended
revising the constitution thrice
-the provisions outlining the amendatory establishment of a bicameral
process legislature
that allowing the re-eligibility of the
The CONSTITUTION of the REPUBLIC of the president and vice-president for a
PHILIPPINES second 4-year term of office
creation of a separate COMELEC
The 1935 CONSTITUTION parity amendment – American
citizens to have equal rights with
A. Framing and Ratification the Filipinos in exploiting the
Tydings-McDuffie Law (Philippine natural resources and operating
Independence Act) – enacted by the public utilities
US Congress authorizing the
Philippine legislature to call a The 1973 CONSTITTUTION
Constitutional Convention to draft a
constitution for the Philippines. A. Framing
A bill calling for a Constitutional Resolution of Both Houses No. 2
Convention was approved on May 5, (Resolution No. 4) on March 16, 1967
1934 by the Philippine legislature. authorizing the holding of a
Approval of the draft constitution by Constitutional Convention on 1971
177 affirmative votes (1 voted against) Republic Act No. 6132 on August 24,
on Feb. 8, 1935. 1970 setting Nov. 10, 1970 as the
Approval of the draft constitution by election day for the 320 delegates of
Pres. Franklin Roosevelt on March 23, the Constitutional Convention
1835 – Pres. Roosevelt certified that Basis of the Constitution:
the constitution conformed with the a. the 1935 Constitution
provisions of the Independence Law b. Malolos Constitution
Ratification on May 14, 1935 by the  The proposed constitution was
Filipino electorate signed on November 30, 1972
Affirmative votes: 1,213,046
Negative votes: 44,963 B. Approval by the Citizen’s Assemblies
Presidential Decree No. 86 was issued
B. Limitations and Conditions on December 31, 1972 creating a
The constitution: Citizen’s Assembly in each barrio in
should be republican in form; municipalities and each district in
should include a bill of rights; chartered cities
should contain provisions defining Presidential Decree No. 86-A was
the relationship between the issued on January 5, 1973 to define
Philippines and the US during the role of barangays and to direct the
Commonwealth period and after the barangays to conduct a referendum
establishment of the Philippine on national issues
republic
C. Ratification by Presidential
C. Sources Proclamation
 US Constitution Proclamation No. 1102 was issued on
 Malolos Constitution January 17, 1973
 Three organic laws that were 14,976,561 voted for the adoption of
enforced before the passage of the the proposed constitution
Tydings-McDuffie law 743,869 voted for the rejection of the
a.The instruction of Pres. William proposed constitution
McKinley to the Second 14,298,814 answered that there was
Philippine Commission (April 7, no need for a plebiscite
1900)
b.Philippine Bill (July 1, 1902)
c.Jones Law (August 26, 1916)

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 Basis of the ratification: the acceleration of the restoration to full
95% of the members of the Barangays constitutional democracy)
(Citizen’s Assemblies) were in favor of
the of the new constitution Demerits:
1. Susceptibility to the charge of lack of
D. Amendments independence and suspicion of pressure
and even manipulation by the appointing
that making the then incumbent
power
president the regular president and
2. the need to cure defect in the
the regular prime minister
constitution – initial drafting by duly
that granting law-making powers to the
elected members of a representative
president
Constitutional Convention and
that establishing a modified ratification by the people in a plebiscite
parliamentary form of government
that permitting natural-born citizens CONTENTS of the 1987 PHILIPPINE
who have lost their citizenship to be CONSTITUTION
transferees of private land
that allowing the “grant” of lands of the Preamble
public domain to qualified citizens -derived form the Greek word
that providing for the urban land reform preambulare which means to walk
and social housing program before
-an introduction to the main subject
The 1987 CONSTITTUTION -sets down the origin and purposes of
the constitution
A. Framing and Ratification -states the general purposes which are
the constitution was drafted by a intended to be achieved by the
Constitutional Commission (ConCom) constitution and the government
under Article V of Proclamation No.3 established under it and certain basic
issued on March 25, 1986 principles underlying the fundamental
the draft constitution was referred to as law
Freedom Constitution following the
installation of a revolutionary Preamble of the 1987 Philippine
government through a direct exercise Constitution
of the power of the Filipino people
the Law Governing the Constitutional3 We, the sovereign Filipino
Commission of 1986 was issued on people, imploring the aid of Almighty
April 23, 1986 – to organize the God, in order to build a just and humane
Constitutional Commission “to provide society and establish a Government that
for the details of its operation and shall embody our ideals and aspirations,
establish the procedure for the promote the common good, conserve
ratification or rejection of the proposed and develop our patrimony, and secure
new constitution to ourselves and our posterity the
50 national, regional and sectoral blessings of independence and
representative who shall be appointed democracy under the rule of law and a
by the President shall compose the regime of truth, justice, freedom, love,
ConCom (only 48 constituted the equality, and peace, do ordain and
ConCom with the withdrawal of an promulgate this Constitution.
opposition appointee and the non-
acceptance on the INC of the Patrimony - the objects, traditions, or
President’s offer to submit a nominee values that one generation has inherited
the ConCom convened on June 2, from its ancestors
1986 at the Batasang Pambansa
Sources: Posterity - all future generations
 Malolos Constitution of 1898
 the 1935 Constitution Promulgate - to proclaim or declare
 the 1973 Constitution something officially, especially to publicize
 the proposed new constitution was formally that a law or decree is in effect
approved on October 12, 1986 with a
vote of 44-2 BILL OF RIGHTS
the final session was held on October - a declaration and enumeration of a
15, 1986 and the plebiscite was held person’s rights and privileges which the
on February 2, 1987 Constitution is designed to protect against
violation by the government, by an
Merits and Demerits of an Appointive Body individual or groups of individuals

CLASSES OF RIGHTS
Merits:
1. The ConCom is less expensive and less 1. Natural rights
time-consuming (the instability of the -those rights possessed by every citizen
revolutionary government necessitated without being granted by the state for they

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 are given to man by God as a human 5.right against unreasonable search and
being created to His image so that he may seizure (search warrant - a court order
live a happy life authorizing entry to somebody's property to
- right to life and right to love look for unlawful possessions/ warrant of
arrest – a command to arrest a person
2. Constitutional rights designated and take him into custody in order
-those rights which are conferred and that he may be bound to answer for the
protected by the Constitution commission of an offense)
-cannot be taken away by the law-making
body 6.right to privacy (right to be left alone and the
- right to vote right of a person to be free from undesired
publicity, or disclosure or as the right to live
3. Statutory right without unwarranted interference by the public
-those rights provided for by laws in matters with which the public is not
promulgated by the law-making body necessarily concerned)
-maybe abolished by the same law-making
body 7.freedom of the press, freedom of speech
-right to adopt a child by an unrelated and of expression (the right to freely utter
person and publish whatever one pleases without
previous restraint, and to be protected against
CLASSIFICATION OF any responsibility for so doing as long as it
CONSTITUTIONAL RIGHTS does not violate the law or injure someone’s
character, reputation or business)
1. Political rights
- the rights of the citizens which give them 8.right of assembly (right to meet peaceably
power to participate, directly or indirectly, for consultation in respect to public affairs)
in the establishment or administration of
the government 9.right to petition ( the right of any person of
- right to vote group of persons to apply, without fear of
- right to citizenship penalty, to appropriate branch or office of
government for redress or grievance)
2. Civil rights 10. freedom of religion (right to worship God
- those rights which the law will enforce at and to entertain such religious views as
the instance of private individuals for the appeal to his individual conscience, without
purpose of securing them the enjoyment dictation or interference by any person or
of their means of happiness power, civil or ecclesiastical)
- freedom of religion, freedom of speech,
right to form associations, etc. 11. liberty of abode and travel (the right of a
person to have his home in whatever place
3. Social and economic rights chosen by him and thereafter change it at
- those rights which are intended to insure will and to go where he pleases without
the well-being and economic security of interference from any source except upon
the individual lawful order of the court [hold departure
- right to property, right to just order])
compensation for private property taken
for public use 12. right to information on matters of public
concern (public office is a public trust)
4. Rights of the accused
- the rights intended for the protection of a 13. right to form associations
person accused of any crime
- right to remain silent, right for due process 14. right for just compensation for private
of law property taken for public use

RIGHTS STIPULATED RIGHTS OF THE ACCUSED

IN THE BILL OF RIGHTS
1.the right to adequate legal assistance
1.right to life
2.the right, when under investigation for the
2.right to liberty (liberty – not limited to merely commission of an offense, to be informed of
freedom from physical restraint but also the his right to remain silent and to have counsel
right to use one’s faculties which has been (Ernesto A. Miranda doctrine/rights)
endowed by the Creator subject only to
limitation that hjde does not violate the law or 3.the right against the use of torture, force,
the rights or others) violence, threat, intimidation or any other
means which vitiates the free will
3.right to due process of law
4.the right against being held in secret,
4.right to property (right to own) incommunicado, or similar forms of solitary
detention

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5.the right to bail and against excessive bail
except to those charged with capital offense or
an offense punishable by reclusion perpetua,
life imprisonment or death if the evidence of
his guilt is strong (bail - a sum of money
deposited to secure an accused person's
temporary release from custody and to
guarantee that person's appearance in court at
a later date)

6.the right to due process of law

7.the right to presumption of innocence

8.the right to be heard by himself and counsel

9.the right to be informed of the nature and

cause of accusation against him
10. the right to have a speedy, impartial and
public trial (justice delayed is justice denied)

11. the right to meet the witnesses face-to-face

12. the right to have compulsory process to

secure the attendance of witnesses and the
production of evidence in his behalf (to
summon a witness with a written legal order
[subpoena], or require something to be
submitted in evidence to a court)

13. the right against self-incrimination (self-

incrimination - speech or action that
suggests your own guilt, especially during
court testimony)

14. the right against detention by reason of

political beliefs and aspirations

15. the rights against excessive fines

16. the right against cruel, degrading or

inhuman treatment

17. the right against infliction of the death

penalty except for heinous crimes

18. the right against double jeopardy (double

jeopardy - the prosecution of somebody a
second time for something that he or she
has already been tried for)

“YOUR RIGHT ENDS WHEN THE RIGHT OF

OTHERS BEGINS.”

References:
Aruego, Jose and Gloria Aruego-Torres. 1981.
Principles of Political Science. Manila:
University Book Supply, Inc.
De Leon, Hector. 2005. Textbook on the Philippine
Constitution. Manila: Rex Bookstore.