Objectives:
At the conclusion of the session, you must have been able
to:
Analyze the nature and significance of the
Constitution and the Preamble.
Trace the historical background of the 1987
Philippine Constitution;
Appreciate the democratic transition that
characterized its birth; and
Constitution Defined:
The fundamental law of the state
which:
contains the principles on which
government is founded;
regulates the division of sovereign
powers; and
directs to what persons each of
these powers is to be entrusted
and the manner of its exercise.
A body of rules
and maxims in
accordance
with which the
powers of
sovereignty are
habitually
exercised.
(Cooley).
Constitution
The fundamental law
of the state from which
all its other laws
emanate.
nature & purpose
Serves As The Supreme or
Fundamental Law
A constitution is the charter creating
the government
supreme as it speaks for the entire
people from whom it derives its
claim to obedience
It is binding on all individual citizens
and all organs of the government
nature & purpose
Serves As The
Supreme/Fundamental Law
It occupies the highest level in the
hierarchy of laws
It is the law to which all other laws
must conform and in accordance
with which all private rights must
be determined and all public
authority administered.
nature & purpose
Serves As The Supreme/Fundamental Law
It is the test of legality of all governmental
actions, whether proceeding form the
highest official or the lowest functionary
HI S TORI CAL BACKGROUND
The 1987 Constitution
The 1987 Constitution:
The Events that Led to Its Birth
Ouster of Pres. Marcos from office
(Feb. 25, 1986)
Formal assumption of Pres. Aquino to
office as President of the Philippines,
pursuant to a peaceful revolution and
not through [the result of ]elections.
The 1987 Constitution:
The Events that Led to Its Birth
Proclamation No. 3: Provisional
Constitution of 1986.
Establishment of a Revolutionary
Government:
REVOLUTIONARY in origin
DEMOCRATIC in essence
TRANSITIONAL in character
The 1987 Constitution:
The Events that Led to Its Birth
Provided for the calling of a
constitutional commission to
draft and adopt a new
constitution for subsequent
ratification by the electorate.
The 1987 Constitution:
The Events that Led to Its Birth
Proclamation No. 9: Law Governing
the Constitutional Commission of 1986
(4/23/86).
Provided for the membership of 50
Constitutional Commissioners; 48 were
appointed; 47 accepted.
The 1987 Constitution:
The Events that Led to Its Birth
Elected Justice Cecilia Muoz Palma
President of the body. (6/2/86)
Approved the proposed
Constitution of the Republic of the
Philippines, 45 in favor, 2 against.
(10/2/86)
The 1987 Constitution:
The Events that Led to Its Birth
Ratification of the people
through a plebiscite. (2/2/87)
Proclamation No. 58
proclamation by Pres. Aquino of
peoples ratification. (2/11/87)
The 1987 Constitution:
The Events that Led to Its Birth
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 blessing 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.
From the Latin term preambulus
(going before) or preambulare
(to walk before).
The preface or prologue of the
Constitution.
Introductory paragraph or part in a
statute, deed, etc., setting forth the
ground and intention of it.
(The Oxford Universal Dictionary Illustrated)
Technically, the Preamble forms
no integral part of our
constitution.
It cannot be evoked as a source
of private right enforceable by
the courts, among others
Interestingly, majority of the
constitution in the world contain
a preamble.
OBJECT & VALUE
Sets down the origin and the purposes of the
constitution
It provides the outline of and the spirit behind the
constitution
It tells who are the authors and for whom it has been
promulgated
It states the general purposes for which the intended to be
achieved by the constitution and the government
established under it, and certain basic principles underlying
the fundamental charter
OBJECT & VALUE
Serves as an aid in its interpretation
The Preamble has a value for purposes of construction.
The statement of the general purposes may be resorted to
as an aid in determining the meaning of a vague provisions
The government is without power to impose taxes
for private purpose because according to the
Preamble it is established for public purpose the
promotion for the common good and not for
private purpose.
