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RPH Week 12

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RPH Week 12

Uploaded by

Arianne Alovera
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Subject: Readings in Philippine History

Authors: Mr. Danrev T. dela Cruz


Editor: Mr. Alexis Redel S. Pangilinan
Reviewer: Mr. Victor T. Reyes
WEEK 12
LESSON 12: THE PHILIPPINE CONSTITUTION
Description of the Lesson:

In this lesson, you will learn about the Philippine Constitution as a modern nation-
state encompasses almost every aspect of our life as the citizen of the Philippine.
We should know and understand this everybody which clearly express in the 1987
Constitution, which states that: “All educational institutions shall include the study
of Constitution as part of the Curricula.” (Art. XIV, Sec. 3)
Are you ready to learn? I know you are excited!

Objectives
At the end of the lesson, you are expected to:
1. identify the different constitution that the Philippines has had;
2. examine the sectors, topics, and provisions of the different constitutions of the
Philippines;
3. trace the development of the Philippine Constitution throughout the country’s
history; and
4. identify the significance of the evolution of the Philippine Constitution to the
understanding of the grand narrative of Philippine History.
Day 1: Pre-assessment (What I know)
A blessed day to you! Don’t forget to smile! Let us answer the question
below.
Direction: Through video recording, recite the Preamble of the 1987
Philippine Constitution. Send it to our group chat.

The 1987 Constitution of the Republic of the Philippines


Preamble
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 prosperity the blessings of independence and democracy
under the rule of law and the regime of truth, justice, freedom, love, equality, and peace,
do ordain and promulgate this Constitution.

Lesson Content (What’s New)


Direction: Kindly read the text critically and carefully. You need to take
down notes in your notebook the words that you find important in order
to have deeper understanding.
A constitution is that set of rules, principles, customs and
fundamental law of a nation or state. It sets and limits the powers of government and its
agencies. It is defining the relationship of the government and the citizens. It symbolizes
the country’s freedom and independence. The highest expression of laws.

The Purpose of a constitution is as follows:

Readings in Philippine History/ Week 12 Page 1 | 11


1. It prescribes the kind of government that will exist in the state and nation.
2. It creates the different departments in the government and specifies their
respective functions and duties.
3. It is the source of the sovereign powers of a government or a legitimate person by
establishing the fixed, first or basic principles.
4. It promotes public welfare. The constitution establishes the rights and privileges
of the citizens which the government is obligated to protect.
The Nature of a constitution is as follows;
1. Binding on people and all agencies or organs of the government. Everybody is
expected to follow the spirit and letter of the constitution and uphold it at all
times.
2. The laws, must conform. Being the supreme law of the land, all laws passed by
Congress and the decisions handed down by the courts must be in accordance
with the constitution.
3. The test of legality of all government action. Any decisions or actions of the
government agencies or the people behind them, including the president of the
Philippines and the laws pass by Congress must conform with the constitution so
that those any may become valid and legal.
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.
The Roles of constitution are as follows;
1. An expression of national ideals and unity
2. A symbol of Government’s legitimacy
3. An outline of Government Structures
4. An instrument of Political stability

COMPARATIVE ANALYSIS OF DIFFERENT CONSTITUTION IN THE


PHILIPPINES

CATERGORY Malolos 1935 1973 1987


Constitution Constitution Constitution Constitution
Governing By the 3rd decree Tydings- Joint Proclamation
Authority of the McDuffie Law Resolution of number 9
revolutionary enacted by US Congress 2 as under the
government of Congress Mar. amended by Provisional
Gen. Emilio 24, 1934 resolution Constitution
Aguinaldo June number 4 June (Freedom
23, 1898 17, 1969 Constitution)
Framers 92 appointed 202 elected 320 elected 48 appointed
and elected delegates in a delegates in a member of a
Constitutional Constitutional Constitutional
Convention Convention Commission
President of the Pedro A. Claro M. Diosdado Cecilia Munos
Constituent Paterno Recto Macapagal Palma
Body
Ratification January 21, May 14, 1935 January 10-15, February 2,
Date 1899 1973 by citizen
Readings in Philippine History/ Week 12 Page 2 | 11
assemblies as 1897
provided for
by P. D. 86
Form of Gov’t Presidential but Presidential Modified Presidential
Instituted the president is under 2 stages Parliamentary
to be elected by 1. Common- as amended
the congress wealth
2. Republic

Legislative Unicameral with Bicameral as Unicameral Bicameral


Chamber a permanent amended
Commission that
will perform
legislative work
when congress is
not in session.
Highlights Provision on Provision on Remove the Remove the
Separation of land reform requirement to mandatory
church and and bill of read and write registration ad
State, won only rights; party prescribed by voting under
by one vote: rights as the 1935 the 1973
Legislative amended; Constitution Constitution;
supreme over extended for the right to broaden Bill of
the executive voting right to vote; the Rights which
and the women; President as prohibits
judiciary. created the real abortion and
separate Executive death penalty;
Commission exercises law creation of
on Election making powers Human Rights
(Amendment Commission;
No. 6) provision of
Cordillera
Autonomous
Region and
Autonomous
Region for
Muslim
Mindanao;
judiciary
strengthened to
cover political
questions
formerly
beyond
jurisdiction;
limit the power
of president to
declare martial

Readings in Philippine History/ Week 12 Page 3 | 11


law and
suspend the
privilege of the
writ of habeas
corpus without
the
concurrence of
Congress.

TYPES OF CONSTITUTION
1. WRITTEN OR UNWRITTEN
Written Constitution – one whose principles are contained in a single or group
of papers.
Unwritten Constitution - consists of laws that have not been combined into a
single, tangible form and are instead dispersed throughout other sources, including
foundational legislation, court rulings, publicists' commentary, conventions and
traditions, and some common law concepts.
2. CONVENTIONAL (ENACTED) OR CUMULATIVE (EVOLVED)
Conventional Constitution – one that is formally revoked at a certain time and
location as a result of an intentional or deliberate action by a constituent body or ruler.
Cumulative Constitution - is the outcome of political evolution, which did not
begin at a set period and changed by accretion rather than through a structured process.
3. RIGID OR FLEXIBLE
Rigid Constitution - is one that can only be changed through a formal, frequently
challenging process.
Flexible Constitution - is one that can be changed by ordinary legislation as I the case of
an unwritten constitutions.

”Take note that the Constitution of the Philippines is written, conventional, and rigid”

QUALITIES OF A GOOD WRITTEN CONSTITUTION


1. Broad – It must be comprehensive enough to provide for every contingency and not
just because it provides for the organization of the entire government and covers all
persons and things within the territory of the State.
2. Brief – It must confine itself to basic principles to be implemented with legislative
details more adjustable to change and easier to amend.
3. Definite – It prevent ambiguity in its provisions which could result in confusion and
divisiveness among the people.

ESSENTIAL PARTS OF A GOOD WRITTEN CONSTITUTION


1. Constitution of Liberty - The series of prescriptions setting forth the fundamental
civil and political rights of the citizens and imposing limitations on the powers of
government as a means of securing the enjoyment of those rights, e.g., Art. III.
2. Constitution of Government - The series of provisions outlining the organization of
the government, enumerating its powers, laying down certain rules relative to its
administration, and defining the electorate, e.g., Arts. VI, VII, VIII and IX.

Readings in Philippine History/ Week 12 Page 4 | 11


3. Constitution of Sovereignty - The provisions pointing out the mode or procedure in
accordance with which formal changes in the fundamental law may be brought about,
e.g., Art. XVII.

AMENDMENTS AND REVISION


A change that adds, subtracts, or eliminates something without changing the
underlying principles is referred to as an amendment. often only has an impact on the
specific provision. Revision, on the other hand, broadly denotes a change that modifies at
least one fundamental tenet of the Constitutions, such as the system of checks and
balances or the principle of separation of powers. Additionally, there is revision if the
modification impacts significant provisions of the constitution or changes the substantial
totality of the constitution. Generally has an impact on a number of Constitutional
clauses.

IS THE PROPOSAL A REVISION OR AMENDMENT?


There are two tests to determine whether the proposal is a revision or amendment:
1. Quantitative test – asks if the proposed modification has enough provisions to directly
alter the "substance whole" of the Constitution by removing or changing a large number
of them. Keep in mind that the Court only looks at the quantity of provisions, not the
extent of change.
2. Qualitative test - if the effects of change will be so profound as to require a reform of
our fundamental governmental structure. It is appropriate to investigate whether the
organization of government has changed.

Thus, a change in the nature of the basic nature of the basic governmental plan includes
change in its fundamental powers of its branches.

Steps in the Amendment or Revision of the Constitution:


A. Proposal (Article XVII, Sec. 1, 1987 Constitution)
B. Submission
C. Ratification

A. Proposal may be made by:


1. Congress as Constitutional Assembly acting upon a vote of ¾ of all its members.
2. Constitutional Convention called for such purpose by a 2/3 vote of all the members of
the Congress or by majority vote of all its members, Congress may submit to the
electorate the question of calling such a convention.
3. People’s Initiative applies only to an amendment, not a revision, of the Constitution. A
people’s initiative can only propose amendments to the Constitution, inasmuch as the
Constitution itself limits initiatives to amendments, as shown by the deliberations of the
Constitutional Commission.

B. Submission of Proposal

Readings in Philippine History/ Week 12 Page 5 | 11


Piecemeal amendment submissions are against the law. One plebiscite is required
to submit or approve all revisions. In order for the populace to make an informed choice,
a suitable frame of reference must be provided.

C. Ratification of Proposal
After submission, the proposed changes must be approved by a majority of voters
in a plebiscite that is held no earlier than 60 days nor later than 90 days after:
a. The proposed amendments or revisions have been approved by the Congress or
Constitutional Convention; or
b. The COMELEC has certified that the petition by the people is sufficient.

DATE OF EFFECTIVITY OF THE AMENDMENT OR REVISION


Although the amendments themselves may clearly state otherwise, the date of
effectivity of the amendment or revision shall be the same day as that of ratification, the
day on which the votes are cast. Judicial Review of Proposals Judicial review refers to the
court's ability to judge the legality of government actions in relation to how closely they
adhere to a higher standard, such as the Constitution. Given that the Constituent
Assembly owes its existence to the Constitution and receives all of its authority and
power from it, it is important to note that the way in which the proposal is made is
susceptible to court review, not the substance of the proposal. Therefore, the question of
whether it operated in accordance with the Constitution must always be one for judicial
consideration.

THE CONCEPT OF STATE


A State is defined as a group of people who are more or less numerous,
permanently occupy a certain area of land, are unaffected by outside forces, and have an
established government to which the majority of its citizens consistently submit. Because
the former is a legal term and the latter is an ethnic or racial idea, the two are different. It
differs from government in another way since government serves only as the State's
instrument for carrying out and realizing its own will.

ELEMENTS OF A STATE

1. People – refers to the number of state residents that is sufficient for self-sufficiency
and self-defense. For all time, they must originate from both sexes. It could also be used
to describe a group of people bound together by a shared body of law, adequate in size to
ensure the community's survival.
2. Territory – is the fixed area of the planet's surface that a state's citizens call home and
that falls under its exclusive sovereign jurisdiction.
3. Sovereignty – is the ultimate and unstoppable power that a State possesses and uses to
govern itself.

KINDS SOVEREIGNTY:
a. Legal Sovereignty – is the institution in charge of giving final orders. The Congress is
the declared ruler of the Philippines.

b. Political Sovereignty – is the culmination of all a State's legal and extralegal elements
that shape the development of law.

Readings in Philippine History/ Week 12 Page 6 | 11


c. Internal Sovereignty – refers to the power of the State to control its domestic affairs.
It is the supreme power over everything within its territory.

d. External Sovereignty – also known as Independence, this is freedom from external


control. It is the power of State to direct its relations with other States.

Characteristics of Sovereignty:
It is permanent, exclusive, comprehensive, absolute, indivisible, inalienable, and
imprescriptible.

Principles of Sovereignty
a. Effects of Belligerent Occupation
As to political laws. A belligerent occupation does not result in a change in
sovereignty; rather, the political rules of the invaded region are merely suspended,
with the possibility of their resuscitation under the jus postliminium after the
occupation is over. Keep in mind that the rule suspending political laws only
applies to the civilian residents of the territory under occupation and is not meant
to compel the adversaries to join forces. Although clearly political in nature, the
rule does not apply to the treason laws.
As to non-political laws. Since they are designed to regulate how people relate to
one another and are typically unaffected by changes in governing regimes, non-
political laws are deemed to be in effect until modified by the hostile occupant.
As for judicial decisions. Except for those of a political nature, which are
automatically revoked upon the return of the rightful authorities, all court
decisions made during the occupation and even afterward are lawful.
b. Effects of Change in Sovereignty
As to political laws. Where there is a change in sovereignty, the political laws of
the former sovereign are not merely suspended but abrogated unless they are
retained or re-enacted by positive act of the new sovereign.
As to non-political laws. Non-political laws continue in operation.

DOCTRINE OF AUTO LIMITATION


As a restriction on the exercise of its sovereignty, the Philippines abides by the
norms of international law. It means that any state may acquiesce to a limitation on its
sovereign rights with its stated or implied assent. If a state so chooses, it may thus opt not
to exercise otherwise limitless competence. This may represent a restraint on the
character's otherwise unlimited ability.

IMPERIUM V. DOMINIUM
Imperium refers to the State’s authority to govern. It covers such activities such as
passing laws, governing territory, maintaining peace and order over it, and defending
against foreign invasion. This is the authority possessed by the State embraced in the
concept of sovereignty. Dominium is the capacity of the State to own a property or
properties. It covers such rights as title to land, exploitation and use of it, and disposition
or sale of the same.

PRINCIPLE OF JUS POSTLIMINIUM

Readings in Philippine History/ Week 12 Page 7 | 11


At the conclusion of the occupation, when the occupant is removed or driven from
the area, the political laws that had been suspended during the occupation should
automatically become effective again. Likewise, upon the end of the belligerent
occupation, the political laws of the occupant are automatically revoked.

4. Government – is the agency or instrumentality, through which the will of the state is
formulated, expressed and realized.

The Government of the Republic of the Philippines is a term that refers to the
corporate governmental entity through which the functions of government are exercised
throughout the Philippine Islands, including, save as the contrary appears from context,
the various arms through which political authority is made effective in said Islands,
whether pertaining to the central Government or to the provincial or municipal branches
or other form of local government.

On the national scale, the term “Government of the Philippines” refers to the three
great departments: the Executive, Legislative and the Judiciary. On the local level, it
means the Regional Provincial, City Municipal and Barangay Governments. It does not
include government entities, which are given a corporate personality separate and distinct
for the government and which are governed by the corporation law.

Day 2 : Review
Direction: Reread the lesson on history. Is the topic very clear to you? If you have
questions or clarifications about the lesson. You may reach me through text, chat or call.

Remember that the constitution is the backbone of the government of the Philippines.

Practice (What is it)


Let us continue to learn and fill up your mind with learnings! Answer the
question stated below on the answer sheet provided.
1. Why is a constitution considered as “the highest expression of the law”?
2. Bill of rights is a major article throughout the different constitutions of the country.
Why it is necessary?

You’re almost done! You will become successful don’t forget to pray and smile! I
believed in your strengths and wisdom because you’re doing a great job!

Application (What Can I do)


Direction: Under the new dispensation or government of President Marcos Jr., there is a
proposal to adopt a federal government. There are also calls to change or amend the
constitution. Aside from the form of government, what other provisions should be
changed or added to have a government that is more responsive, more trustworthy, and
less susceptible to corruption? Write your answer on the answer sheet provided.

Day 3: Valuing/Integration (What’s More?)

Readings in Philippine History/ Week 12 Page 8 | 11


How are you today? I know that you are so great! I know by now, you understand the
lesson well. Then, let us proceed to this exercise.
Direction: Interview at least ten (10) persons from different professions or industries
about their stand on amending or changing the constitution. If an interviewee is in favor
of amending the constitution, ask him or her why a change is needed and what the change
should be. As the interviewer, you should figure out the particular provisions of the
present constitution which the interviewee feels should be amended. If he or she is not in
favor of changing the constitution, determine the reason why. Record their responses on
the table on your answer sheet provided.

Wow! That’s great! I know that you are very happy on what you’ve done. Now, let’s try
another activity for you to understand the lesson critically. Come on! Let’s do this!

Post-Assessment (What I have learned?)


Direction: Answer the following below on your provided answer sheet.

After toppling the Marcos Dictatorship, the framers of the 1987 Constitution put
in place certain provisions to prevent repeating the tyranny and horrors experienced
during the martial law era from 1972-1983. On May 23, 2017, President Rodrigo Duterte
declared martial law over the whole Mindanao.
Read official reports and documents on the issue and write at least 3 to 5
sentences answering the following:
1. Why Martial law safeguards were provided in the 1987 Constitution? Why or Why
not?
2. Do you think the basis for the declaration of martial law in Mindanao was sufficient?

References:
Naguit, Rey S., (2002) Discourses on the 1987 Philippine Constitution. Bulacan,
Bulacan. Gintong Sinag Publishing.
Asuncion, N.M. & Cruz, G.R. C.(2019).Readings in Philippine History. Quezon City.
C&E
Publishing, Inc.

REMINDERS:
Things to remember as you accomplish this module:

1. Once you are done, Kindly pass ONLY the ANSWER SHEET.
2. Leave a message to your instructor through chat or email about your learning’s. Do
not hesitate to ask him if you have clarifications.

Subject: Readings in Philippine History


Student’s Name: __________________________________________
Course/ Year and Section: ______________________
Instructor’s Name: ______________________________________

Answer Sheet
WEEK 12
LESSON 12: THE PHILIPPINE CONSTITUTION

Readings in Philippine History/ Week 12 Page 9 | 11


Pre-assessment (What I know) – 100 points
Through video recording recite the Preamble of the 1987 Philippine Constitution. Send it
to our group chat.

Practice (What is it) - 10 points each


1.______________________________________________________________________
________________________________________________________________________
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2.______________________________________________________________________
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______________________________________________.

Application (What Can I do) 30 points


________________________________________________________________________
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Valuing/Integration (What’s More?) 100 points

Readings in Philippine History/ Week 12 Page 10 | 11


RESPONDENTS RESPONSES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

Post-Assessment (What I have learned?) 25 each points


1.______________________________________________________________________
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2.______________________________________________________________________
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Readings in Philippine History/ Week 12 Page 11 | 11

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