Concept of Philippine Constitution b. Unwritten.

One which is entirely the product of

political revolution, consisting largely of a mass of
Constitution In broad sense, the term constitution
customs, usages and judicial decisions together with a
refers to “that body of rules and principles in
smaller body of statutory enactments of a
accordance with which the powers of sovereignty
fundamental character, usually bearing different
are regularly exercised.” As thus defined, it covers
dates.
both written and unwritten constitution.
As to manner of amending them
It is a social contract that binds, by its terms and
conditions, the people and their government in a a. Rigid or inelastic. One regarded as a document of
civil society. It pertains to that body of rules and special sanctity which cannot be amended or altered
maxims in accordance with which the powers of except by some special machinery more cumbrous
sovereignty are habitually exercised. than the ordinary legislative process; and

Nature and Purpose or Function of Constitution: b. Flexible or elastic. One which possesses no higher
legal authority than ordinary laws and which may be
1. Serves as the supreme or fundamental law. – A
altered in the same way as other laws.
constitution is the charter creating
The Philippine Constitution may be classified as
the government. It has the status of a supreme or
conventional or enacted, written, rigid or inelastic.
fundamental law as it speaks for the
It was drafted by an appointive body called
entire people from whom it derives its claim to
“Constitutional Commission.”
obedience.
Advantages and Disadvantages of a Written
2. Establishes basic framework and underlying
Constitution1. It has the advantage of clearness and
principles of government. – The
definiteness over an unwritten one. This is because it
constitution is also referred to as the organic or basic is prepared with great care and deliberation. Such a
law being or relating to the law by constitution cannot be easily bent or twisted by the
legislature or by the courts, to meet the temporary
virtue of which the government exists as such. fancies of the moment.
Constitutional law may be defined as that branch of Hence, the protection it affords and the rights it
public law which treats of constitutions, their nature, guarantees are apt to be more secure. Moreover, it is
formation, amendment, and interpretation. more stable and free from all dangers of temporary
Kinds of Constitution Constitution may classify as popular passion.
follows: 2. Its disadvantage lies in the difficulty of its
As to their origin and history amendment. This prevents the immediate
introduction of needed changes and may thereby
a. Conventional or enacted. One which is enacted by a retard the healthy growth and progress of the state.
constituent assembly or granted by a monarch to his
subjects like the Constitution of Japan in 1889; and Requisites of a Good Written ConstitutionAs to form,
a good written constitution should be:
b. Cumulative or evolved. Like the English
Constitution, one which is a product of growth or a a. Brief- Because if the constitution is too detailed,
long period of development originating in customs, it would lose the advantage of a fundamental law
traditions, judicial decisions, etc., rather than from a which in a few provisions outlines the structure of the
deliberate and formal enactment. government of the whole state and the rights of the
citizens. It would probably never be understood by
As to their form the public. Furthermore, it would then be necessary
a. Written. One which has been given definite written to amend it every once in a while to cover many
form at a particular time, usually by a specially future contingencies;
constituted authority called a “constitutional b. Broad- Because a statement of the powers and
convention”; and functions of government , and of the relations
between the governing body and the governed,
requires that it be as comprehensive as possible; and
 c. Definite - Because otherwise the application of whether executive, legislative, or
its provisions to concrete situations may prove unduly judicial, can give authoritative
difficult if not impossible. Any vagueness which may interpretation of the Constitution.
lead to opposing interpretations of essential features
a. This function belongs primarily to the courts whose
may cause incalculable harm.
final decisions are binding on all departments or
Civil war and the disruption of the state may organs of the government, including the legislature.
conceivably follow from the ambiguous expressions in
b. There are, however, constitutional questions (i.e.,
a constitution.
political questions) which under the Constitution are
As to contents, it should contain at least three sets of addressed to the discretion of the other departments
provisions: and, therefore, before the power of the judiciary to
decide.
a. That dealing with the framework of government
and its powers and defining the electorate. This group Thus, the determination of the President as to which
of provisions has been called the constitution of foreign government is to be recognized by the
government; Philippines cannot be passed upon by the courts.

b. That setting forth the fundamental rights of the Purpose in Interpreting the Constitution:
people and imposing certain limitations on the
The fundamental purpose in constructing
powers of government as a means of securing the
constitutional provisions is to ascertain and give effect
enjoyment of these rights. This group has been
to the intent of the framers and of the people who
referred to as the constitution of liberty; and
adopted or approved it or its amendments. It is,
c. That pointing out the mode or procedure for therefore, the duty of the courts to constantly keep in
amending or revising the constitution. This group has mind the objectives sought to be accomplished by its
been called the constitution of sovereignty. adoption and the evils, if any, sought to be prevented
or remedied. It may be assumed that the people, in
Constitution Distinguished from Statute
ratifying the constitution, were guided mainly by the
1. A constitution is a legislation direct from the explanations given by the framers on the meaning of
people, while a statute is a legislation from the its provisions.
people’s representatives;
The 1935 Constitution
2. A constitution merely states the general framework
• 1. Framing and Ratification. Briefly stated, the
of the law and the government, while a statute
state which led to the drafting and adoption
provides the details of the subject of which it treats;
of the 1935 Constitution of the Philippines are
3. A constitution is intended not merely to meet as follows:
existing conditions but to govern the future, while a
a. Approval on March 24, 1934 by President
statute is intended primarily to meet existing
Franklin D. Roosevelt of the Tydings- McDuffie Law,
conditions only; and
otherwise known as the Philippine Independence Act,
4. A constitution is the supreme or fundamental law enacted by the United States Congress, authorizing
of the State to which the statutes and all other laws the Philippine Legislature to call a constitutional
must conform. convention to draft a constitution for the Philippines;

Authority to Interpret the Constitution b. Approval on May 5, 1934 by the Philippine

Legislature of a bill calling a constitutional convention
– 1. Even a private individual may as provided for in the Independence Law;
interpret or ascertain the meaning of
particular provisions of Constitution in
order to govern his own actions and
c. Approval on February 8, 1935 by the
guide him in his dealings with other
convention by a vote of 177 to 1 of the Constitution
persons.
(the signing began on the following day and was
– 2. It is evident, however, that only completed on February 19, 1935);
those charged with official duties,
 d. Approval on March 23, 1935 by Pres. • 5. Amendments. The 1935 Constitution had
Roosevelt of the Constitution as submitted to him, been amended three times. Among the
together with a certification that the said Constitution amendments are:
conformed with the provisions of the Independence
• a. That establishing a bicameral
Law; and
legislature;
e. Ratification on May 14, 1935 of the
• b. That allowing the re-eligibility of
Constitution by the Filipino electorate by a vote of
the President and the Vice-President for a
1,213,046, with 44,963 against.
second four-year term of office;
• 2. Limitations and Conditions. While the
• c. That creating a separate
Tydings-Mcduffie Law empowered the
Commission on Elections; and
Filipinos to frame their own Constitution, it
contained, however, provisions limiting such • d. The so-called Parity Amendment
authority. The 1935 Constitution ceased to which gave to American citizens equal right
operate during the Japanese occupation from with the Filipinos in the exploitation of our
1942-1944. It automatically became effective natural resources and the operation of public
upon the re-establishment of the utilities.
Commonwealth government on February 27,
1945 and the inauguration of the Republic of The 1973 Constitution
the Philippines On July 4, 1946. 1. Framing. The experience of more than three
• 3. Sources. The 1935 Constitution of the decades as a sovereign nation had revealed flaws and
Philippines did not contain original ideas of inadequacies in the 1935 Constitution.
government. While the dominating influence a. Taking into account the “felt necessities of
was the Constitution of the United States, the times” particularly the new and grave problems
other sources were also consulted by the arising from an ever increasing population, urgently
framers, particularly the 1898 Malolos pressing for solution, Congress in joint session on
Constitution and the three organic laws that March 16,1967, passed resolution of both Houses
were enforced in the Philippines before the No.2 (as amended by Resolution No. 4, passed on
passage of the Tydings-McDuffie Law, namely: June 17, 1971), authorizing the holding of a
the Instruction of Pres. William McKinley to constitutional convention in 1971.
the Second Philippine Commission on April 7,
1900; the Philippine Bill of July 1, 1902; and b. On August 24, 1970, Republic Act No. 6132
the Jones Law of August26, 1916 which, of the was approved setting November 10,1970, as Election
three mentioned, was the nearest approach Day for 320 delegates to the Constitutional
to a written constitution. Convention. The

• 4. Scope. The Constitution as approved by the convention started its work of rewriting the
1935 Constitutional Convention was intended Constitution on June 1, 1971. The 1935 Constitution,
both for the Commonwealth and the with reference to the Malolos Constitution, was made
Republic. Thus, Article XVII (which later the basis for the drafting of amendments to the new
became Article XVIII after the Constitution Constitution. The proposed Constitution was signed
was amended) declares: on November 30, 1972.

• “The government established by this 2. Approval by Citizens Assemblies. Earlier on

Constitution shall be known as the September 21, 1972, the President of the Philippines
Commonwealth of the Philippines. Upon the issued Proclamation No. 1081 placing the entire
final and complete withdrawal of the country under Martial
sovereignty of the United States and the a. “To broaden the base of Citizens’
proclamation of the Philippine Independence, participation in the democratic process, and to afford
the Commonwealth of the Philippines shall ample opportunities for the citizenry to express their
henceforth be known as the Republic of the views on important matters of local or national
Philippines.” concern,” Presidential Decree No. 86 was issued on
December 31, 1972 creating a Citizens Assembly in
each barrio in municipalities and in each district in Constitution or “Freedom Constitution”
chartered cities throughout the country. following the installation of a revolutionary
Subsequently, Presidential Decree No. 86-A was government “through a direct exercise of the
issued on January 5, 1973 defining the role of power of the Filipino people.”
barangays.
a. Pursuant to Proclamation No. 3, the
b. Under the same decree, the barangays President promulgated on April 23, 1986
were to conduct a referendum on national issues Proclamation No. 9, the “Law Governing the
between January 10 and 15, 1973. Constitutional Commission of 1986,” “to
organize the Constitutional Commission, to
Pursuant to Presidential Decree No. 86-A, the
provide for the details of its operation and
following questions were submitted
establish the procedure for the ratification or
before the Citizens’ Assemblies or Barangays:
rejection of the proposed new Constitution.”
a. “Do you approve of the New Constitution?”
b. The Constitutional Commission,
and
which marked the fourth exercise in the
b. “Do you still want a plebiscite to be called writing o the basic charter in Philippine
to ratify the new Constitution?” history since the Malolos Constitution at the
turn of the century, convened on June 2, 1986
• 3. Ratification by Presidential Proclamation. at the Batasang Pambansa Building in Diliman,
According to Proclamation No. 1102 issued on Quezon City. With the Malolos Constitution of
January 17, 1973, 14,976,561 members of all 1898, the 1935 Constitution, and the 1973
the Barangays (Citizens’ Assemblies) voted for Constitution as “working drafts,” the
the adoption of the proposed Constitution, as Commission in addition to committee
against 743,869 who voted for its rejection. discussions, public hearings and plenary
• 4. Amendments. The 1973 Constitution had sessions, conducted public consultations in
been amended on four occasions. Among the different parts of the country.
important amendments are: c. The proposed new Constitution was
• a. that making the then incumbent approved by the Constitutional Commission
President, the regular President and regular on the night of Sunday, October 12, 1986,
Prime Minister; culminating 133 days of work, by a vote of 44-
2. A commissioner signed subsequently by
• b. that granting concurrent law- affixing his thumb mark at his sickbed on
making powers to the President which the October 14, 1986 so that he actually voted in
latter exercised even after the lifting of favor of the draft. Another Commissioner had
martial law in 1981; resigned earlier. The two Commissioners who
• c. that establishing a modified dissented also signed “to express their dissent
parliamentary form of government; and to symbolize their four months of
participation in drawing up the new
• d. that permitting natural-born Constitution.”
citizens who have lost their citizenship to be
transferees of private land, for use by them as d. The Constitutional Commission held its final
residence; e. that allowing the “grant” of session in the morning of October 15, 1986 to
lands of the public domain to qualified sign the 109-page draft consisting of a
citizens; and f. that providing for urban land preamble, 18 Articles, 321 Sections and about
reform and social housing program. 2,000 words – after which, on the same day, it
presented to the President the original copies
The 1987 Constitution in English and Filipino. It was ratified by the
people in the plebiscite held on February 2,
1. Framing and Ratification. The 1987
1987. It superseded the Provisional
Constitution was drafted by a Constitutional
Constitution which had abrogated the 1973
Commission created under Article V of
Charter.
Proclamation No. 3 issued on March 25, 1986
which promulgated the Provisional
2. Merits and Demerits of an appointive Basic Principles Underlying the New
framing body. Admittedly, there were some Constitution The 1987Constitution is founded
merits in delegating the drawing up of the upon certain fundamental principles of
new charter to appointed Constitutional government which have become part and
Commission rather than to an elected parcel of our cherished democratic heritage
Constitutional Convention. as a people. A knowledge of these principles
is, therefore, essential to a proper
a. For one, the Constitutional
understanding of our organic law.
Commission was not expensive and time-
consuming, as was our experience with the Among these principles as contained
1971 Constitutional Convention and it was in the new Constitution are the following:
thus practical because the country could not
1. Recognition of the aid of Almighty God (see
then afford the cost of electing delegates
Preamble);
because of lack of funds, and time was of the
essence in view of the instability inherent in a 2. Sovereignty of the people (see Art. II, Sec.
revolutionary government and the need to 1);
accelerate the restoration to full
constitutional democracy. 3. Renunciation of war as an instrument of
national policy (see Ibid., Sec. 6);

4. Supremacy of civilian authority over the

b. However, the strongest and most military (see Ibid., Sec. 3);
fundamental argument propounded against
this method is that an appointive body is 5. Separation of church and state (see Ibid.,
susceptible to the charge of lack of Sec. 6);
independence and the suspicion of pressure 6. Recognition of the importance of the family
and even manipulation by the appointing as a basic social institution and of the vital
power. The writing of a Constitution as the role of the youth in nation-building (see Ibid.,
highest expression of the people’s “ideals and Secs. 12,13; Art. XV);
aspirations” to serve the country for
generations to come is a political exercise of 7. Guarantee of human rights (see Art. III,
transcendental importance in a republican Secs. 1-22);
democracy and therefore, only those directly 8. Government through suffrage (see Art. V,
elected and empowered by the people must Sec. 1);9. Separation of powers (see Art. VI,
be entrusted with the task to discharge this Sec. 1);
grave and solemn responsibility.
10. Guarantee of local autonomy (see Art. X,
3. Need to cure defect in the Constitution. To Sec. 2);
have a truly democratic and constitutional
government, it is absolutely necessary that 11. Independence of the judiciary (see Art.
the Constitution be initially drafted by duly VIII, Sec. 1);
elected members of a representative
12. High sense of public service morality and
constituent assembly or constitutional
accountability of public officers (see Art. XI,
conventionand later on approved by the
Sec. 1);
people in a plebiscite. Some see the need to
straighten outthe present Constitution which 13. Nationalization of natural resources and
was drafted by non-elective commissioners certain private enterprises affected with
and ratified under the authority of a public interest (see Art. XII, Secs. 2, 3, 17, 18);
revolutionary government. The theory is
14. Non-suability of the State (see Art. XVI,
posited that having the Constitution amended
Sec. 3);
by elected delegates and having constitutional
amendments ratified under the democratic 15. Rule of the majority; and
government, we will have now cured any
16. Government of laws and not of men.
defect in its formulation and ratification.
Rule of the Majority ordinances, the rule of the majority is
observed.
1. Concept. The observance of the rule of the
majority is an unwritten law of popular (i.e., 3. A practicable rule of law. The device of the
democratic) government. The wishes of the majority is a practicable rule of law based on
majority prevail over those of the minority. It reason and experience. Democracy assumes
does not mean that the minority is not given that in a society of rational beings, the
certain fundamental rights, like the right to judgment and experience of the many will, in
express their opinions, or to protest the acts most instances, be superior to the judgment
of the majority although it is bound to abide and experience of the few; and hence, that
by the decision of the latter. the verdict of the majority will more likely be
correct than that of the minority. It is, of
2. Instances. In many instances, the rule of
course, to be understood that the majority
the majority is observed in our government.
acts within the pale of the law.
Thus, under the new Constitution:
Government of Law and Not of Men
a. A majority vote of all the respective
1. Concept. By this principle, which is also
members of the Congress is necessary to elect
known and has the same import as the rule
the Senate President and the Speaker of the
House of Representatives, and a majority of of law, is meant that no man in this country –
all the members of Congress to concur to a not even the government – is above or
grant of amnesty and to pass a law granting beyond the law. Every man, however high and
tax exemptions. In case of a tie in the election mighty his station may be, possesses no
for President (or Vice-President), the greater rights than every other man in the
President shall be chosen by the majority vote eyes of the law.
of all the members of both Houses of
2. Exercise of government powers. A
Congress.
government of laws, as contrasted with a
b. A two-thirds majority of all its government of men, is a limited government.
respective members is required to suspend or It has only the powers given it by the
expel a member of either House; of all the Constitution and laws, and it may not go
members of Congress to declare the existence beyond the grants and limitations set forth
of a state of war, to reconsider a bill voted by therein. Its authority continues only with the
the President, and to call a constitutional consent of the people in whom sovereignty
convention; and of all the members of the resides. The principle is intended to be a
Senate to concur to a treaty or international safeguard against arbitrary government.
agreement and to render a judgment of
3. Observance of the law. The same is true of
conviction in impeachment cases.
private individuals in the community. They are
c. Any amendment to, or revision of, also bound to respect the sovereignty of the
the Constitution may be proposed by law. A person may not agree with the wisdom
Congress upon a vote of three-fourths of all and expediency of the law but it is his duty to
its members, and it shall be valid when follow the law so long as it remains in the
ratified by majority of the votes cast in a statute books. He cannot take the law into his
plebiscite. own hands by resorting to violence or physical
force to enforce his rights or achieve his ends
d. Decisions of the Supreme Court en
without being civilly and criminally held liable
banc have to be concurred in by a majority of
for his action. The principle thus protects
the members who actually took part in the
most especially the liberties of the weak and
deliberations on the issues in the case and
underprivileged.
voted thereon, to pronounce a treaty,
international or executive agreement, or law 4. Significance of the principle. It is basic that
unconstitutional. In the court of Appeals, the laws must be obeyed by all and applied to
vote of at least the majority is necessary in everyone – rich or poor, lowly or powerful –
many cases. Even in the passage of local without fear or favor. The observance of the
supremacy of the rule of law by officials,
individuals, and the people as a whole is what
will sustain our democracy and assure the
existence of a truly free, orderly, and
equitable society. 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 mere semblance of order under a
dictatorship.