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    ABESTANO

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    Lirpa Mae Otrof
    GUIDANCE COUNSELING

    Copyright:

    © All Rights Reserved
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    ABESTANO

    Uploaded by

    Lirpa Mae Otrof
    44 views6 pages
    GUIDANCE COUNSELING

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    © © All Rights Reserved

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    GUIDANCE COUNSELING

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    44 views6 pages

    ABESTANO

    Uploaded by

    Lirpa Mae Otrof
    GUIDANCE COUNSELING

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 6

    FATIMA COLLEGE OF CAMIGUIN

    Lumad, Mambaja, Camiguin


    Region X

    OUTLINE +REPORT #2:


    Philippine Constitution: History of the Promulgation of the first
    Phil. Constitution of the Philippines

    What is constitution?

    A constitution is a system for government, codified as a written document, which


    contains fundamental laws and principles. It usually contains fundamental political principles,
    and establishes the structure, procedures, powers and duties, of a government.

    The Constitution of the Philippines is the supreme law of the Philippines. The
    Constitution currently in effect was enacted in 1987, during the administration of President
    Corazon C. Aquino, and is popularly known as the "1987 Constitution―. Philippine
    constitutional law experts recognize three other previous constitutions as having effectively
    governed the country namely:

    The 1935 Commonwealth Constitution,


    the 1973 Constitution,
    the 1986 Freedom Constitution

    Constitutions for the Philippines were also drafted and adopted during the short-lived
    governments of Presidents Emilio Aguinaldo (1898) and José P. Laurel (1943).

    Nature and purpose of Constitution

    1. It serves as the supreme or fundamental law.


    2. It establishes basic framework and underlying principles of government

    Constitutional Law
    Body of law derived from country’s written constitution. It lays down and guides the duties and
    powers of the government, and the duties and rights of its citizens and residents.

    Kind of Constitution

    1. As to their origin and history


    a. Conventional or enacted
    b. Cumulative or evolved
    2. As to their form
    a. Written
    b. Unwritten
    3. As to manner of amending them
    a. Rigid or inelastic
    b. Flexible or elastic

    Constitution distinguished from Statute

    1. Constitution is a legislation direct from the people.


    2. Constitution merely states the general framework of the law.
    3. Constitution is intended not merely to meet existing conditions but to govern the future.
    4. Constitution is the supreme or fundamental law.

    Statute

    1. Is a legislation from the people’s representatives.


    2. It provides the details of the subject of which it treats.
    3. Is intended primarily to meet existing conditions only.
    4. Statute conforms to Constitution.

    Parts of the 1987 Constitution

    The Constitution is divided into 18 parts, excluding the Preamble, which are called Articles. The
    Articles are as follows:
    Article I - National Territory
    Article II - Declaration of Principles and State Policies
    Article III - Bill of Rights
    Article IV – Citizenship
    Article V – Suffrage
    Article VI - Legislative Department
    Article VII - Executive Department
    Article VIII - Judicial Department
    Article IX - Constitutional Commission
    Article X - Local Government
    Article XI - Accountability of Public Officers
    Article XII - National Economy and Patrimony
    Article XIII - Social Justice and Human Rights
    Article XIV - Education, Science and Technology, Arts, Culture and Sports
    Article XV - The Family
    Article XVI - General Provisions
    Article XVII - Amendments or Revisions
    Article XVIII - Transitory Provisions

    Preamble of the 1987 Constitution

    The Preamble reads:


    “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 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.”

    SIGNIFICANT FEATURES OF THE 1987 CONSTITUTION


    The Constitution establishes the Philippines as a "democratic and republican State",
    where "sovereignty resides in the people and all government authority emanates from them".
    (Section 1, Article II) Consistent with the doctrine of separation of powers, the powers of the
    national government are exercised in main by three branches —the executive branch headed by
    the President, the legislative branch composed of Congress and the judicial branch with the
    Supreme Court occupying the highest tier of the judiciary.

    Section 1. Article 2.
    The Philippines is a democratic and republican State. Sovereignty resides in the people
    and all government authority emanates from them.

    HISTORICAL CONSTITUTION

    Malolos Constitution (1899)


    Commonwealth and Third Republic (1935)
    Japanese Sponsored Republic (1943)
    Martial Law Constitution (1973)
    Freedom Constitution (1986)

    MALOLOS CONSTITUTION (1899) FIRST REPUBLIC

    The Malolos Constitution was the first republican constitution in Asia. It declared that
    sovereignty resides exclusively in the people, stated basic civil rights, separated the church and
    state, and called for the creation of an Assembly of Representatives to act as the legislative body.
    It also called for a Presidential form of government with the president elected for a term of four
    years by a majority of the Assembly. It was titled "Constitución política", and was written in
    Spanish following the declaration of independence from Spain, proclaimed on January 20, 1899,
    and was enacted and ratified by the Malolos Congress, a Congress held in Malolos, Bulacan.

    COMMONWEALTH AND THIRD REPUBLIC (1935) 1935 CONSTITUTION


    The 1935 Constitution was written in 1934, approved and adopted by the Commonwealth of the
    Philippines (1935–1946) and later used by the Third Republic of the Philippines (1946–1972). It
    was written with an eye to meeting the approval of the United States Government as well, so as
    to ensure that the U.S. would live up to its promise to grant the Philippines independence and not
    have a premise to hold onto its possession on the grounds that it was too politically immature and
    hence unready for full, real independence.

    Japanese Sponsored Republic (1943) Second Philippine Republic

    The 1943 Constitution of the Republic of the Philippines, composed of a preamble and
    twelve articles, creates a Republican state with a powerful executive branch and subordinate
    legislative and judicial branches. The executive power is vested in the President, who is to be
    elected by the members of the National Assembly from among themselves.

    The President is the head of government, and commander-in-chief of the Armed Forces.
    The powers of the President are: to veto any bill of the Assembly, to promulgate regulations
    when the Assembly is not in session and in times of war or national emergency, to declare
    martial law, to suspend the privilege of the writ of habeas corpus, and to appoint the members of
    the Council of State and officials of the local government. A limited legislative power is
    exercised by the unicameral National Assembly whose members, like the President, are not
    directly elected by the people.

    Rather, the Assembly, is to be composed of representatives from each province elected in


    Kalibapi conventions throughout the country with appointed governors and mayors as ex-officio
    members. The judicial power is exercised by the Supreme Court whose justices, together with
    judges of lower courts, are to be appointed by the President.

    Martial Law Constitution (1973) 1973 Constitution of the Philippines

    The 1973 Constitution, promulgated after Marcos declaration of martial law, was
    supposed to introduce a parliamentary-style government. Legislative power was vested in a
    National Assembly whose members were elected for six-year terms. The President was ideally
    supposed to be elected as the symbolic and purely ceremonial head of state from the Members of
    the National Assembly for a six-year term and could be re-elected to an unlimited number of
    terms.

    Freedom Constitution (1987) 1987 Constitution of the Philippines

    Following the EDSA People Power Revolution that removed President Ferdinand E.
    Marcos from office, the new President, Corazon C. Aquino issued Proclamation No. 3 as a
    provisional constitution. It adopted certain provisions from the 1973 constitution and granted the
    President broad powers to reorganize the government and remove officials from office, and
    mandated that the president would appoint a commission to draft a new constitution.

    Basic Principles Underlying the New Constitution


    1. Recognition of the Aid of Almighty God
    2. Sovereignty of the People
    3. Renunciation of war as an instrument of national policy
    4. Supremacy of civilian authority over the military
    5. Separation of Church and State
    6. Recognition of the importance of the family as basic social institution and of the vital role
    of youth in nation building.
    7. Guarantee of human rights
    8. Government through suffrage
    9. Separation of Power
    10. Independence of Judiciary
    11. Guarantee of local autonomy
    12. High sense of public service morality and accountability
    13. Nationalization of natural resources and certain private enterprises affected by public
    Interest
    14. Non – suability of the state
    15. Rule of the majority; and
    16. Government of laws and not men

    Prepared by: DELAILA U. ABESTANO

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