What is a CONSTITUTION?

- fundamental law of nation or

state
- it establishes the character and
basic principles of the
government
- the highest expression
of the law
Purpose of a CONSTITUTION?

1. It prescribes the kind of government that will

exist in the state.
2. It creates the different departments and
specifies their respective functions and duties.
3. It is the source of the sovereign powers of a
government by establishing the fixed, first and
basic principles.
4. It promotes public welfare. It establishes the
rights of the people which the government is
obligated to protect.
 The constitution is written by a constitutional
convention which is a body assembled for the
express purpose of framing or writing a
constitution, revising an existing one, or proposing
amendments to it.

After writing the constitution, the draft constitution or

amendments/revisions are submitted to a plebiscite for ratification in
which the people will decide whether it is acceptable to become a law of
the land.

This is different from a referendum in which a law passed by legislative

body is brought before the people to be voted upon.
 The Biak na Bato Republic Constitutions (1897)

- based on the Cuban Constitution

- drafted by Felix Ferrer and Isabelo Artacho

- signed on November 1, 1897

Unique features:
its preamble reiterated the objective of the revolution which was “
the separation of the Philippines from the Spanish Monarchy and their
formation into an independent state with its government “

this constitution was to last only for two years during which
at certain periods, it was superseded by laws and decrees made
by Aguinaldo
 The Organs of the Government under the
Constitution of Biak na Bato

1. Supreme council which was vested with the power of the republic,
headed by the president and Four Departments secretaries : Interior,
Foreign Affairs, Treasury, and War.
2. Consejo Supremo de Gracia Y Justicia ( Supreme Council of Grace and
Justice) which has given the authority to make decisions and affirm
or disprove the sentences rendered by other courts and dictate rules
for the administration of Justice
3. Asamblea de Representates (Assembly of the Representatives) which
has to be convened after the revolution to create a new constitution
and to elect a new council of Government and Representative of the
people.
 The Malolos Republic Constitution (1899)

- the first Philippine Constitution

- the first republican constitution in Asia
- was drafted and adopted by the First
Philippine Republic, which lasted from
1899 to 1901.

The constitution specifically provided for safeguards against abuses,

and enumerated the national and individual rights not only of the
Filipinos and of the aliens. The legislative powers were exercised by
the Assembly of Representatives composed of delegates elected
according to law.
September 15, 1898

 Malolos congress was inaugurated at the Barasoain

church in Malolos, Bulacan.
 The first task was to draft a constitution needed for the
formation of a republic.
 The main task of the republic was the recognition of
other state.

November 29

 The congress approved the Malolos Constitution which

was drafted by Felipe Calderon.
The republic had three branches of government:

1. Legislative - It has a power to elect the

President and the chief justice of the supreme
court.
2. Executive - he was the head of the state and
was duly elected by the legislative body.
3. Judiciary - the judicial power was vested in the
supreme court and all other lower courts
provided by law.
 Unique feature:

- first democratic government ever promulgated in

Asia

Initial accomplishments of the republic were:

 a national taxation system that included the cedula and gambling taxation.
 new sources of revenues such as tax, national loans, voluntary contributions
and donations.
 creation of a national budget:1899 budget was PHP 7.17 million.
 a system for free and compulsory elementary education. A secondary school
for boys was established, the Burgos Institute. Other schools were founded.
 A Military Academy of Malolos was established which produced an
approximately 50,000 strong Philippines Army.
 The 1935 Constitution and the
Commonwealth Government
- the 1935 Constitution of the Philippines was written in
1934, approved and adopted by the Commonwealth of the
Philippines and later used by the Third Republic of the
Philippines
- the 1935 Constitution was ratified by the Filipino people
through a national plebiscite, on May 14, 1935 and came
into full force and effect on November 15, 1935 with the
inauguration of the Commonwealth of the Philippines.
- among its provisions was that it would remain the
constitution of the Republic of the Philippines once
independence was granted on July 4, 1946.
Unique features:

- provisions on Bill of Rights

- provisions for women’s suffrage

- creation Philippine Armed Forces

- development of national language

 The 1943 Constitution (The Japanese
Occupation and the Second Republic)

the constitution of the Japanese-sponsored Second Republic of the

Philippines (1943-1945).

In June 1943, the Preparatory Commission for Philippine Independence

(PCPI), composed of 20 delegates, was created to draft a new constitution
by the Kalibapi (Kapisanan sa Paglilingkod sa Bagong Pilipinas)], the only
political organization allowed at that time.

In September 1943, the draft constitution was unanimously approved by

all members of the PCPI and was submitted for ratification in a popular
convention of the Kalibapi in Manila.
Unique feature:

- a condensed version of the 1935 Constitution

- consist of preamble and 12 articles

- only effective during the duration of the war.

The 1973 Constitution and the Marcos
Dictatorship

- composed of a preamble and 17 articles, provides for

the shift from presidential to parliamentary system of
government.

- the Constitution vests the legislative power in the

National Assembly

- a Prime Minister is elected from among the members

of the National Assembly and serves as the head of
government and commander-in-chief of the Philippine
Armed Forces.
Before President Marcos declared Martial
Law, a Constitutional Convention was
already in the process of deliberating on
amending or revising the 1935
Constitution.

They finished their work and submitted it

to President Marcos on December 1, 1972
President Marcos submitted it for ratification in
early January of 1973.

Foreseeing that a direct ratification of the

constitution was bound to fail, Marcos issued
Presidential Decree No. 86, s. 1972, creating
citizens assemblies to ratify the newly drafted
constitution by means of a Viva Voce vote in place
of secret ballots.

Marcos announced that it had been ratified and

in full force and effect on January 17, 1973.
Unique features:

- legislative power was vested in Batasang

Pambansa

- establishment of Civil Service Commission,

Commission on Election, Commission on Audit
The Freedom Constitution (1986)

When democracy was restored in 1986, President

Corazon C. Aquino issued Proclamation No. 3,
suspending certain provisions of the 1973
Constitution and promulgating in its stead a transitory
constitution.

Often called the "Freedom Constitution", this

constitution was intended as a transitional
constitution to ensure democracy and the freedom of
the people.

The Freedom Constitution provided for an orderly

transfer of power while a Constitutional Commission
was drafting a permanent constitution.
Unique features:

- President continued to exercise legislative

power until a legislature was convened under a
new constitution
- President was given power to appoint the
members of Constitutional Commission tasked
to draft a new charter
- “truly reflective of the ideals and aspirations of
the Filipino people.”
The 1987 Constitution

On February 11, 1987, the new constitution was

proclaimed ratified and took effect.

Establishes the Philippines as a "democratic and

republican State", where "sovereignty resides in the people
and all government authority emanates from them".

Corazon Aquino issued Proclamation No. 3, declaring a

national policy to implement the reforms mandated by the
people, protecting their basic rights, adopting a provisional
constitution, and providing for an orderly translation to a
government under a new constitution.
Unique features:

- Restores the bicameral Congress of the

Philippines, composed of a Senate and House
of Representatives
- Modified bill of rights, details the rights of
Filipino citizen
- Creation of Commission on Human Rights
Structure and Contents
The Constitution contains a preamble and
eighteen self-contained articles with a section
numbering that reset for every article

Preamble
The preamble introduces the constitution and
the source of sovereignty, the people. It follows
the pattern in past constitutions, including an
appeal to God.
 Article I - National Territory

The national territory comprises the Philippine

archipelago, with all the islands and waters embraced
therein, and all other territories over which the
Philippines has sovereignty or jurisdiction, consisting of
its terrestrial, fluvial, and aerial domains, including its
territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters around,
between, and connecting the islands of the archipelago,
regardless of their breadth and dimensions, form part of
the internal waters of the Philippines.
 Article II - Declaration of Principles and State
Policies
Article II lays out the basic social and political creed of
the Philippines, particularly the implementation of the
constitution and sets forth the objectives of the
government.

Article III - Bill of Rights

Article III enumerates specific protections against the
abuse of state power, most of which are similar to the
provisions of the U.S. Constitution.
Similar to U.S. jurisprudence and other common law
jurisdictions, the scope and limitations of these rights have
largely been determined by the Supreme Court through
case law.
 Article IV- Citizenship
Article IV defines the citizenship of Filipinos. It
enumerates two kinds of citizens: natural-born citizens and
naturalized citizens. Natural-born citizens are those who
are: citizens from birth without having to perform aryl act to
acquire or perfect Philippine citizenship. The Philippines
follows a jus sanguinis system where citizenship is mainly
acquired through a blood relationship with Filipino citizens.
Natural-born citizenship forms an important part of the
political system as only natural-born Filipinos are eligible to
hold high offices, including all elective offices beginning with
a representative in the House of Representatives up to the
President.
 Article V- Suffrage
Article V mandates various age and residence
qualifications to vote and a system of secret ballots and
absentee voting. It also mandates a procedure for
overseas and disabled and illiterate Filipinos to vote.

Article VI - Legislative Department

Article VI provides for a bicameral legislature called
the Congress, composed of the Senate and the House of
Representatives. It vests upon Congress, among others,
the power of investigation and inquiry in aid of
legislation, the power to declare the existence of a state
of war, the power of the purse, the power of taxation,
and the power of an eminent domain.
 Article VII - Executive Department
Article VIl provides for a presidential form of government
where the executive. power is vested on the President. It
provides for the qualification, terms of office, election and
power and functions of the President. It also provides for a
Vice President and for the presidential line of succession.

Article VIII - Judicial Department

Article VIII vests the judicial power upon the Supreme
Court and other lower courts as may be established by law (by
Congress). While the power to appoint justices and judges still
reside with the President, the President may only appoint
nominees pre and judges the Judicial and Bar Council, a body
composed of the Chief Justice of the supreme Court, the
Secretary of Justice, the Chairs of the Senate and House
Committees on Justice, and representatives from the legal
profession.
 Article IX - Constitutional Commissions
Article IX establishes three constitutional commissions:
the Civil Service Commission, the Commission on Elections,
and the Commission on Audit.
Article X- Local Government
Article X pursues local autonomy and mandates
Congress to enact a law for the local government, now
currently the Local Government Code.
Article XI - Accountability of Public Officers
Article XI establishes the Office of the Ombudsman
which is responsible for investigating and prosecuting
government officials. It also vests upon the Congress the
power to impeach the President, the Vice President,
members of the Supreme Court, and the Ombudsman.
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

Changing of the constitution

Constitutional reform in the Philippines, also known

as Charter Change (colloquially Cha-Cha) refers to
the political and legal processes needed to amend the
current 1987 Constitution of the Philippines.

Under the common interpretation of the Constitution,

amendments can be proposed by one of three
methods: a People's Initiative, a Constituent Assembly
or a Constitutional Convention.
Proposed amendments or revision to the 1987
Constitution

Ramos Administration

The first attempt to amend the 1987 Constitution was under

President Fidel Ramos. Among the proposed changes in the
constitution included a shift to a parliamentary system and
the lifting of term limits of public officials

The Supreme Court dismissed the petition on the grounds

that the People's Initiative mode does not have enough
enabling law for the proposed revisions or amendments in the
1987 constitution.
Estrada Administration

Under President Joseph Estrada, there was a similar

attempt to change the 1987 constitution. The process is
termed as CONCORD or Constitutional Correction for
Development.

There were, once again, objections from opposition

politicians, religious sects and left-wing organizations based
on diverse arguments such as national patrimony and the
proposed constitutional changes would be self-serving.
Again, the government was accused of pushing
constitutional reform for its own vested interests.
Arroyo Administration

Endorsed a constitutional change through a

constituent assembly, which entails a two-thirds vote
of the House to propose amendments or revision to the
constitution.

This initiative was also not successful since the term of

President Arroyo was mired in controversy and
scandal, including the possibility of arroyo extending
her term as president, which the constitution does not
allow.
Aquino III administration

President Benigno Aquino III had no concrete

plans regarding constitutional reform, but
several proposals were put forth by different
members of Congress.

Senate Resolution No. 10, by Senator Pimentel,

called for constitutional reform to convert to a
federal republic.
Duterte administration

During the May 2016 election, Rodrigo Duterte stated in May

2016 that a plebiscite on the proposed replacement of the
unitary state with a federal one will be held in two years.

After winning, Duterte proposed to revive the proposed form

of Nene Pimentel. On December 7, 2016, President Duterte
signed Executive Order No. 10 creating a consultative
committee (ConCom) to review the 1987 Constitution.

Then on July 3, 2018, the ConCom unanimously approved

the draft constitution through voting. It was submitted to the
President on or before July 9 of the same year.
Duterte administration

Referred to as the "Bayanihan Constitution" (referring to the

Filipino value of communal work) by Duterte and the
consultative committee the proposed federal charter includes
an amendment that aims to prohibit elected officials from
switching political parties during the first and last two years
of their term, as a response to turncoat behavior.

Also included are provisions that seek to ban political

dynasties, barring "persons related within the second civil
degree of consanguinity or affinity" from running for public
office "simultaneously for more than one national and one
regional or local position."
Duterte administration

Federalism is a proposed type of government wherein

sovereignty is constitutionally divided between the national
government and sub divisional governments (such as states or
provinces).
Federalism divides the country into several autonomous states
with a national government.
How federalism works?
The autonomous states are even further divided into local
government units. They will have the main responsibility over
developing their local industries, public health and safety,
education, transportation, and culture. These states have more
power over their finances, policies, development plans, and
laws.
In your opinion, do you think the 1987 constitution is still relevant
today?

Are you in favor or not in changing our constitution?

Post your answer in LMS Discussion. Encourage at least two of your

classmates to comment on your post to create a thread. (Agree or
Disagree on their post)
Note: this is just base on your opinion
THANK YOU for LISTENING!!!