Name: Wendi T.

Orquia

Course and Year: BSED-1st Year

TASK SHEET #02 (Philippine Constitution)

A. Answer the following:

1. Why is a constitution considered as “the highest expression of the law”?

The constitution sets the character and guiding principles of the government and is referred to as "the highest manifestation of the
law" because it is defined as the fundamental law of a nation or state.

2. How is a constitution made? What processes does it undergo before being ratified?

A constitutional convention, which is a group formed specifically for the purpose of framing or writing a constitution, amending an
existing one, or proposing amendments to it, is the entity responsible for creating the constitution. Before the constitution is
approved, a plebiscite is held in which the populace is asked to decide if they believe it should become a national law. The government
then takes the results into consideration and implements them.

3. The separation of Church and State became a topic of debate in drafting of the Malolos Republic Constitution. In your opinion, why
was this issue controversial at that time?

This topic was contentious at the time, in my opinion, because of popular government, which grants supreme authority to a legislative
body because it is the people's representative, and also because Mabini objected to it. As a result, the constitution's proposal and
adoption were both delayed.

4. The Bill of Rights is a major article throughout the different constitutions of the country. Why is it necessary?

One of the most important clauses in every nation's constitution is the bill of rights. We have the freedom of speech, the right to
petition, the right to practice our faith, and other rights, so this is vital. This, in essence, is what gives us power.

B. Complete the table below to compare and contrast the constitutions framed in the country.
Form of Ratifying/Promulgating Length of Distinctive
Government Body Effectivity Features
Biak-na-Bato Philippines' first This charter was written. This constitution The partition of the
Constitution republican On November 1st, the only lasted two Philippines dates
administration back to the Spanish
Philippines' revolutionary minutes during
established under its monarchy, when its
government was created. the years that it inhabitants
constitution.
was in force until transformed into an
certain Aguinaldo- autonomous nation
created rules and with a separate
regulations took government.
its place.

Malolos Republic Democratic rule Drafts of the constitution It was created on Its foundations
Constitution were made. The November Democratic were democratic
congressional meeting has principles from practices,
been approved by Malolos. January23, 1899
according to which
Submitted on December through more than
two years later, in the government
29th, 1898, and sent to
President Aguinaldo for March. was "popular,
approval. There is, however, representative,
an original. On January 21st, and responsible,"
Aguinaldo approved the final with three
version of the document separate types of
after the revisions had been branches: the
made to the draft.
executive,
legislative, and
judicial.
1935 Constitution United States When the Filipino From 1935 The formation of the
Government Assembly was conducted, until1972, a Commonwealth
Filipinos were cast in the period of 37 years, Government in 1935
legislative capacity, and the the Philippine as a result of the
1935 Constitution's
Americans ruled the Constitution of
drafting was a
Philippines for more than 1935 served as the turning point in
ten years. Established in cornerstone of the Philippine history
1907. legal system. because it showed
Americans that
Filipinos were
capable of running
their own
government. Ten
years later, the
Philippines gained
independence.

Second Republic Due to the Second The Commission for 1943-1945 or 3 years. Drafts of the 1943
Constitution World War, the Independence of the Constitution were
Commonwealth Philippines (PCPI), which created. The
Government was government of the
was chosen to draft a new
halted. United States and
constitution, was the government in
composed of native exile of the Filipino
Filipinos who served in Commonwealth both
political parties disregarded the fact
throughout the Japanese that it was accepted
occupation. as lawful as well as
only in the case of
Japanese-controlled
regions in, but not in
the Philippines.

1973 Constitution Government under a The 1973 Constitution 1971-1986 15 years In order to accept
dictatorship established a parliamentary or reject the most
form of government, with recent
the President serving as the
constitution,
head of state.
"citizen
assemblies" were
 organized. A
referendum was
conducted. The
Constitution was
unanimously
ratified on January
10th, 1972. The
1973 Constitution
was ratified by
President Marcos'
signature on
Proclamation No.
1102 on January
17, 1973.

1987 Constitution Constitution for It was Tuesday, February 6 years The creation of a The
Freedom in a 11, 1987. There was a Commission on Civil
Democracy draft of a new Liberties, which is
constitution. The following then tasked under
Article 18, Section
day, Aquino, President of
XIII, with
the Philippines, ratified investigating all
and instances of human
Government officials as rights violations
well as the military made involving both civil
commitments to the New and political
liberties. The
Constitution.
Commission also
recommends
appropriate legal
actions that can be
taken to protect
everyone's human
rights inside the
Philippines, as well
as a number of other
related powers.

C. After the toppling of 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 to 1983. On May 23, 2017, Pres. Duterte declared
martial law over the whole Mindanao.

Read official reports and documents on the issue and write an essay answering the following:
- What martial law safeguards were provided in the 1987 Constitution? Why or why not? - Do you think the basis for

the declaration of martial law in Mindanao was sufficient? - Were all provisions followed and exercised in the

declaration? Why or why not?

The delegates caused the convention to get heated. They focused more on speeches and allocating themselves

allowances before actually going down to discuss the terms of the new constitution. Is the declaration of martial law in

Mindanao sufficient if the people of Mindanao will benefit and be protected in return? No, in my opinion, because

many people oppose this kind of administration, and there were several uprisings and violent overthrows during their

time. He did not impose martial rule alone in order to create a civil society; rather, he did so alongside his government

in order to defend our nation from insurrection and terrorist attacks.

- In your opinion, which provisions should be revised, removed or added to strengthen the check-and balance mechanism when
martial law is imposed? Justify your answer.

I believe that the clauses that grant President Ferdinand Marcos special authority during his presidency should be changed,
eliminated, or added because many individuals suffered pain and abuse at that time, and we now need to evaluate what was
happening at the time. Without injuring or abusing our people, we can be stern or watch over them, and at the same time, we must
prevent them from misusing their freedom for their own gain. We need wisdom, not happiness and prosperity.