The Philippine

Constitution

Prof. Crizzle B. Paz

 Evolution of the
Philippine Constitution
  The first official constitution of the Philippines,
1. The 1899 drafted by the Malolos Congress.Established a
Malolos republican government with a president,

Constitution legislature, and judiciary.Emphasized civil

rights and separation of church and
(First Philippine state.Overthrown when the U.S. took control of the
Republic) Philippines in 1901.
  Created under the Tydings-McDuffie Act during
The 1935 U.S. colonization.Established a presidential
Constitution system with a unicameral legislature (later
changed to bicameral in 1940).Served as the
(Commonwealt fundamental law when the Philippines gained
h of the independence on July 4, 1946.Amended in 1940
Philippines) and used until 1973.
 The 1943  Drafted during the Japanese occupation in World
Constitutio War II.Established a puppet government under
Japan.Short-lived and abolished when the U.S.
n (Japanese liberated the Philippines in 1945.

Occupation)
  Introduced under President Ferdinand
The 1973 Marcos.Shifted from a presidential to a
parliamentary system, where the Prime
Constitution Minister had executive power.Allowed Marcos to
(Martial Law extend his rule beyond term limits through
Martial Law.Led to political unrest and calls for
& Marcos Era) democratic reform.
  Created after the People Power Revolution
(1986) that ousted Marcos.Drafted by the
The 1987 Constitutional Commission under President
Constitution Corazon Aquino.Restored a democratic

(Post-EDSA & presidential system with a bicameral

Congress.Established strong human rights
Current protections and anti-dictatorship
Constitution) safeguards.The current Constitution in use
today.
  A constitution is the supreme law of a country
that outlines the fundamental principles,
What is a structures, and rules of its government. It

Constitution serves as the foundation of a nation's legal and

political system, defining the rights and duties of
? citizens and the powers of government
institutions.
 1.Supreme Law of the Land
1. No law, government action, or policy can contradict
the constitution.

2.Framework of Government
1. Defines the structure of government (e.g., executive,
legislative, and judicial branches).
Key Features 3.Protects Citizens' Rights and Liberties
of a 1. Contains the Bill of Rights, ensuring freedoms like
speech, religion, and due process.
Constitution: 4.Sets Limits on Government Power
1. Prevents abuse of power through checks and
balances.

5.Can Be Amended or Revised

1. Allows for changes to adapt to new challenges while
maintaining stability.
  1. Written vs. Unwritten Constitution
• Written Constitution
• A formal document that clearly outlines the
fundamental laws and principles of a country.
• Example: The 1987 Philippine Constitution,
U.S. Constitution
Kinds of • Unwritten Constitution
Constitution • Based on traditions, legal precedents, and various
legal documents rather than a single written
document.
• Example: United Kingdom Constitution (based
on statutes, common law, and conventions)
  2. Rigid vs. Flexible Constitution
• Rigid Constitution
• Difficult to amend or change; requires a special
process or a high majority vote.
• Example: The U.S. Constitution, The 1987
Kinds of Philippine Constitution

Constitution • Flexible Constitution

• Can be easily amended or changed, often through a
simple majority in the legislature.
• Example: The United Kingdom Constitution
 3. Enacted vs. Evolved Constitution
• Enacted Constitution
• Created and established at a specific time by a
constitutional convention or legislative body.

Kinds of • Example: The 1935, 1973, and 1987 Philippine

Constitutions
Constitution • Evolved Constitution
• Developed over time through customs, traditions,
judicial decisions, and legislative acts.
  4. Presidential vs. Parliamentary
Constitution
• Presidential Constitution
• The head of state (President) is separate from the
legislature and is elected by the people.
Kinds of • Example: The Philippine and U.S. Constitutions
Constitution • Parliamentary Constitution
• The head of government (Prime Minister) comes
from the legislature and is chosen by parliament.
• Example: The United Kingdom Constitution
  5. Federal vs. Unitary Constitution
• Federal Constitution
• Power is divided between a central government and
regional or state governments.
• Example: The U.S. Constitution, Indian

Kinds of Constitution

Constitution • Unitary Constitution

• Centralized power, with the national government
holding most authority.
• Example: The Philippine Constitution, French
Constitution
  1. Preamble
• A brief introductory statement that outlines the
Essential purpose, values, and guiding principles of the
constitution.
Parts of a • Example: The Preamble of the 1987 Philippine
Good Written Constitution starts with “We, the sovereign

Constitution Filipino people...”, emphasizing democracy and

national unity.
  2. Bill of Rights
• A section that guarantees the fundamental
rights and freedoms of individuals.

Essential • Protects civil liberties such as freedom of

speech, religion, due process, and equal
Parts of a protection under the law.
Good Written • Example: The Philippine Bill of Rights (Article
Constitution III, 1987 Constitution) ensures rights like
freedom of expression and protection
against illegal searches.
  3. Structure of Government
• Defines the three branches of government and
their functions:
• Executive Branch – President and government
Essential agencies enforce laws.
• Legislative Branch – Congress (Senate & House of
Parts of a Representatives) makes laws.

Good Written • Judicial Branch – Courts interpret laws and uphold

justice.
Constitution • Establishes the separation of powers and a
system of checks and balances to prevent
abuse.
  4. Powers and Duties of the Government
• Specifies the powers and limitations of each
branch of government.
Essential • Defines the scope of national and local
Parts of a government authority.

Good Written • Example: The 1987 Philippine Constitution

(Article VII) outlines the powers of the
Constitution President, including appointing officials and
leading the armed forces.
  5. Amendment or Revision Process
• Provides a method for modifying or updating

Essential the constitution to adapt to changing times.

• In the Philippines, amendments can be made
Parts of a through:
Good Written • Constitutional Convention (Con-Con)

Constitution • Constituent Assembly (Con-Ass)

• People’s Initiative
  6. Election and Citizenship Provisions
• Defines who can vote and run for public
office.
Essential • Specifies the qualifications and
Parts of a disqualifications for elected officials.

Good Written • Example: The 1987 Philippine Constitution

(Article V & VII) states that the President must
Constitution be a natural-born Filipino citizen, at least 40
years old, and a resident for 10 years.
  7. National Territory
• Defines the boundaries and jurisdiction of the
Essential country, including land, water, and airspace.

Parts of a • Example: The Philippine Constitution (Article

Good Written I) states that the country includes its

archipelago, territorial waters, and Exclusive
Constitution Economic Zone (EEZ).
  8. Social Justice and Economic Provisions

Essential • Addresses national concerns like land reform,

labor rights, education, health, and
Parts of a economic policies.

Good Written • Ensures equal opportunities and protection for

Constitution marginalized groups.

  9. Provisions on Accountability and
Transparency
• Establishes anti-corruption measures, such as the
Essential Ombudsman and Commission on Audit (COA).

Parts of a • Requires public officials to disclose their assets

and liabilities (SALN).
Good Written • Example: The 1987 Philippine Constitution
Constitution (Article XI) discusses public accountability
and impeachment processes.
  10. General and Transitory Provisions

Essential • Covers miscellaneous rules and the transition

process if a new constitution is adopted.
Parts of a • Example: The 1987 Constitution included
Good Written transitory provisions after the transition from

Constitution Martial Law to democracy.

  The Preamble serves as the foundation of the
Philippine Constitution, expressing the nation’s
goals, values, and aspirations. It reflects the
Filipino people's commitment to democracy,

PREAMBLE- justice, peace, and national development,

guided by faith and unity.
to walk  he Preamble serves as the introduction to the

before 1987 Philippine Constitution and outlines the

fundamental goals, values, and principles upon
which the government is based. While it does not
grant legal powers or rights, it provides the spirit
and intent behind the Constitution.
  Declares the Source of Authority
• Emphasizes that the Filipino people are the
ultimate source of power in the government
(sovereignty resides in the people).
 States the Core Values and Principles
Purpose of • Highlights important national ideals such as

the justice, democracy, freedom, love, equality,

and peace.
Preamble  Expresses National Goals and Aspirations
• Serves as a mission statement for the nation,
aiming for a just and humane society, national
unity, and sustainable development.
  Provides a Moral and Philosophical Foundation
• Guides lawmakers, government officials, and
citizens in upholding ethical governance and
national priorities.
 Calls for Divine Guidance

Purpose of • Recognizes the role of Almighty God in guiding the

nation, reflecting the religious faith of Filipinos.
the  Unifies the People
Preamble • Encourages national unity, patriotism, and collective
responsibility in building a better society.
 Establishes the Constitution’s Legitimacy
• Formally ordains and promulgates the
Constitution as the supreme law of the land.
  "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

Preamble of shall embody our ideals and aspirations, promote

the common good, conserve and develop our
the patrimony, and secure to ourselves and our

Philippines 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."
  “We, the sovereign Filipino people”
• Declares that the Filipino people are the ultimate
source of power and authority in the country.
• Emphasizes democracy and people's participation

Preamble in governance.
 “Imploring the aid of Almighty God”
Explained • Recognizes the role of divine guidance in the
country’s governance and values.
• Reflects the strong religious faith of Filipinos.
  “To build a just and humane society”
• Highlights the goal of creating a society where
justice, fairness, and respect for human dignity
prevail.
• Ensures that laws protect all citizens, especially
the marginalized.
Preamble  “Establish a Government that shall embody
Explained our ideals and aspirations”
• Stresses that the government must reflect the
values, hopes, and dreams of Filipinos.
• Ensures that leaders are accountable to the
people.
  Promote the common good”
• Prioritizes the welfare of all Filipinos, not just a
select few.
• Encourages policies that benefit the majority,
including social services and economic progress.

Preamble  “Conserve and develop our patrimony”

Explained • Refers to protecting the nation’s natural

resources, heritage, and culture for future
generations.
• Calls for responsible environmental conservation
and national identity preservation.
  “Secure to ourselves and our posterity the
blessings of independence and democracy”
• Ensures that Filipinos enjoy freedom and self-
Preamble governance.

Explained • Aims to protect democratic rights for both present

and future generations.
  Under the rule of law and a regime of truth,
justice, freedom, love, equality, and peace”
• Rule of law – No one is above the law; all actions
must follow legal processes.
• Truth and justice – Government must be
transparent and fair.
Preamble • Freedom and love – Citizens have the right to
Explained express themselves and live in a society based on
compassion.
• Equality and peace – Ensures that all Filipinos,
regardless of status, are treated fairly and
promotes harmony in society.
  “Do ordain and promulgate this
Constitution”

Preamble • Declares that the Filipino people officially adopt

this Constitution as the fundamental law of
Explained the land.