RPH FINALS

Constitution

defined as the fundamental law of a nation or state. It is the constitution that establishes the character and basic principles of the government.

Constitution

also described as “the highest expression of the law”.

Constitution of India

the longest written constitution of any sovereign country in the world.

Constitution of Monaco

the shortest written constitution containing 10 chapters with 97 articles, and a total of 3,814 words.

Purposes of a Constitution

1. It prescribes the framework of the system or 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 or basic principles on which the government is founded.

4. It promotes public welfare, which involves safety, prosperity, health and happiness of the people.

After writing the constitution, the draft constitution or its amendments/revisions are submitted to a ______

plebiscite.

plebiscite

for ratification in which the people will decide whether it is acceptable to become a law of the land.

Classifications of a Constitution

1. Written and unwritten

2. Cumulative or evolved and conventional or enacted.

3. Rigid and flexible.

Written and unwritten

one in which most of its provisions are embodied in a single formal written instrument or instruments.

United States Constitution

example of Written Constitution

The English Constitution

 example of Unwritten Constitution 

Cumulative or evolved and conventional or enacted

when it has its origin mainly in custom, common law principles; decisions of courts.

Rigid Constitution

one that can be amended only by a formal and usually difficult process.

Flexible Constitution

one that can be altered by the same body that makes ordinary laws of the state.

Essential qualities of a good written constitution

1. Broad

2. Brief 

3. Definite

Broad

 in the sense that it outlines an organization of the government for the whole state.

Brief

because its nature requires that only its great outline should be marked, its important objects designated,

Definite

since any vagueness resulting from the opposing interpretation of the Constitutional provisions may. cause incalculable harm and chaos to the nation.

Parts of the Philippine Constitution

1. Constitution of Government

2. Constitution of Liberty

3. Constitution of sovereignty

Constitution of Government

this portion of the constitution describes the framework of government and its power; and also defines the electorate.

Constitution of Liberty

this part enumerates the fundamental rights of the people guaranteed under the constitution. 

Constitution of sovereignty

this part indicates the manner of amending or revising the constitution.

At least ——————- were framed in our history.

seven Philippine Constitutions

The 1897 Constitution of Biak-na-Bato

The Philippine Revolution reached a stalemate in 1897 when the revolutionary forces of General Emilio Aguinaldo fled to the mountains of Biak-na-Bato in San Miguel de Mayumo, Bulacan.

The Philippine Revolution reached a stalemate in 1897 when the revolutionary forces of General Emilio Aguinaldo fled to the mountains of Biak-na-Bato in ——————

San Miguel de Mayumo, Bulacan. 

The Philippine Revolution reached a stalemate in 1897 when the revolutionary forces of General Emilio Aguinaldo fled to the mountains of ———- in San Miguel de Mayumo, Bulacan.

Biak-na-Bato

The Philippine Revolution reached a stalemate in ——- when the revolutionary forces of General Emilio Aguinaldo fled to the mountains of Biak-na-Bato in San Miguel de Mayumo, Bulacan.

1897

The Spanish forces led by —————- realized that even though they could crush the rebels in Bulacan, it did not mean the revolution would end for it was already widespread in the other provinces. The Spaniards soon sued for a truce with the revolutionary forces

Gen. Miguel Primo de Rivera

The Constitution was promulgated by the Philippine Revolutionary Government on ———-, and became the provisionary constitution of the government during the Revolution against Spain.

November 1, 1897

The —————- on November 1, 1897, and became the provisionary constitution of the government during the Revolution against Spain.

Constitution was promulgated by the Philippine Revolutionary Government

An assembly of Filipino rebel leaders were called and it was agreed that a republican form of government would be formed. Two Filipinos, ——- and ——- were tasked to write a constitution. Both decided to adopt the previsions of the Constitution framed in Jimaguayu, Cuba and from this, the Constitution of Biak-na-Bato was formulated.

Isabelo Artacho and Felix Ferrer

The government that was formed was a Supreme Council composed of a ————, a ———-, a ———-, a ————, a ———, and a ——————-.

President,

Vice-President,

Secretary of the Interior,

Secretary of Foreign Relations,

Secretary of War,

Secretary of the Treasury.

The government that was formed was a ———- composed of a President, a Vice-President, a Secretary of the Interior, a Secretary of Foreign Relations, a Secretary of War, and a Secretary of the Treasury.

Supreme Council

This constitution was to last only for ——- during which, at certain periods, it was superseded by laws and decrees made by Aguinaldo.

two years

seven Philippine Constitutions

1. The 1897 Constitution of Biak-na-Bato

2. The 1899 Malolos Constitution ( 1899-1901)

3. The 1935 Constitution and the Commonwealth Government 

4.  The Japanese Occupation and the Second Philippine Republic (1943 Constitution) 

5. The 1973 Constitution and the Marcos Dictatorship

6, The Freedom Constitution (1986) 

7. The 1987 Constitution

The 1899 Malolos Constitution

(1899-1901)

On ——, Philippine independence was declared and two weeks later, Aguinaldo ordered the convening of a Congress in —-

Elections were held for the delegates in the provinces that were already free from Spanish forces. For the other areas where battles against Spaniards were still being fought, Aguinaldo appointed delegates.

June 12, 1898

Malolos, Bulacan.

 The (what) had its inaugural session at (where) on (when) amidst a large celebration and coverage by both the legal and foreign press. The delegates then convened Congress and elected its officers. One of its first acts was to ratify the Independence declaration in Kawit.

Malolos Congress

Barasoain Church in Malolos

September 15, 1898

The Congress was originally conceived by presidential adviser ——- to be an advisory body to the President but another group led by ———- decided to create a constitution to form a government that would be recognized by foreign powers.

Apolinario Mabini

Pedro Paterno

Mabini was against this for he believed that peaceful conditions should first prevail before a constitution should be drafted. He was, however, overruled by Paterno and his allies. Discussion for the Constitution began on ——- after the submission of a draft by ——

October 25

Felipe Calderon.

The constitution was approved by the Malolos Congress on ——- and forwarded to President Aguinaldo for approval. The amendments were made and the document was finally approved by Aguinaldo on ———

November 29, 1898 (approved by the Malolos Congress)


January 21.(finally approved by Aguinaldo.)

The ——— was the first republican constitution in Asia.

Malolos Constitution

Malolos Constitution’s features:

1. It was based on democratic traditions in which the government formed was “popular, representative and responsible” with three distinct branches--the executive, the legislative, and the judicial. 2. It called for a presidential form of government with the president elected for a term of four years by the majority of the Assembly convened as a constituent assembly

3. It recognized the freedom of religion and the separation of the Church and State; 

4. It emphasized and safeguarded the basic civil rights of not only Filipinos but foreigners, through a Bill of Rights ( Article XIX to XIXIII) 

1. It was ———- in which the government formed was “popular, representative and responsible” with three distinct branches--the executive, the legislative, and the judicial.

based on democratic traditions

2. It ————- with the president elected for a term of four years by the majority of the Assembly convened as a constituent assembly

called for a presidential form of government

3. It————- and the separation of the Church and State;

recognized the freedom of religion

4. It ———- of not only Filipinos but foreigners, through a Bill of Rights ( Article XIX to XIXIII)

emphasized and safeguarded the basic civil rights

The ——- was inaugurated on ———- at Barasoain Church.

first Philippine Republic

January 23, 1899

The Republic, however, was a short-lived government. Its demise began at the start of the ———- in ———- and ceased to exist with the capture of President Aguinaldo in Palanan, Isabela in March 1901.

Philippine-American War

February 1899

March 1901.

capture of President Aguinaldo in Palanan, Isabela

In ———, the formally established the——- in the islands.

July 1901

first civil government

For over a decade, the Americans ran the government in the Philippines with Filipinos given a role in the legislative function when the ——- was established in ———.

Philippine Assembly

1907

It was only during the administration of ——— that the Filipinization policy of the government put in place. Filipinos were given a hand in running the country. 

Governor-General Francis Burton Harrison (1913-1921)

One year later, the —— also known as the Philippine Autonomy Act was passed by the US Congress.

Jones Law of 1916

The ——- reorganized the government with an American governor-general a Cabinet, and an all-Filipino legislature composed of the Senate and the House of Representatives

Jones Law

The new Philippine Legislature was inaugurated on —— with —- as House Speaker and —— as Senate President.

October 16, 1916

Sergio Osmena

Manuel Quezon

From ——-, there were at least five Philippine independence missions to the United States.

1918 to 1932

The efforts paid off with the creation and approval of the —— by the US Congress. This law was approved on ——- and was known as the Philippines Independence Act. It provided for the drafting and guidelines of a constitution for a 10-year “transitional period” government before the granting of independence. This was known as the Commonwealth Government.

Tydings-McDuffie Law

March 24, 1934

On ——, an election was held to vote for the delegates to write a constitution for the Philippines.

July 10,1934

— were elected and convention was opened on July 30.

Two hundred two delegates

The draft of the Constitution was finished by —- and was approved by the convention by —-. There was only one dissenter, Tomas Cabili of Lanao, who felt that the Constitution did not serve the people of Mindanao.

January 31, 1935 (draft finished)

February 8 (approved)

The Constitution was approved by —— on March 23, 1935 and ratified by the Filipino people in a plebiscite on May 14, 1935. 

US President Franklin Delano Roosevelt

The Constitution was approved by US President Franklin Delano Roosevelt on —- and ratified by the Filipino people in a plebiscite on —.

March 23, 1935 (US approved)

May 14, 1935. (ratified by Filipino people)

The —— served as the fundamental law of the land from 1935 to 1972.

1935 Constitution of the Philippines

The Japanese Occupation and the Second Philippine Republic —-

(1943 Constitution)

The Commonwealth Government was —————- of the Philippines. The commonwealth under President Manuel Quezon went into exile in the United States. As part of their policy of attraction in their Greater East Asia Co-Prosperity Sphere program, the Japanese offered to grant the Philippines its independence. 

interrupted by the Second World War and the Japanese Occupation

Acting on the orders of the Japanese military, the ——- or KALIBAPI, a Filipino political party that served as the political party during the Japanese occupation, convened and elected a Philippine commission for Philippine Independence (PCPI) to write a new constitution.

Kapisanan ng Paglilingkod sa Bagong Pilipinas

This was finished and signed on September 4, 1943 in a public ceremony and ratified by the KALIBAPI a few days later. On ——, as provided for in the new constitution, the Second Philippine Republic was inaugurated with —— as President.

Jose P. Laurel

October 14, 1943 (become President )

The —- was basically a condensed version of the 1935 Constitution consisting only of a preamble and 12 articles.

1943 Constitution

On ——-, a Constitutional Convention was convened at the Manila Hotel.

June 1, 1971

The biggest scandal came when ————— accused Marcos of bribing delegates to vote for a provision to extend the presidential term of office and to change the form of government.

Leyte delegate Eduardo Quintero

But the convention’s activities soon came to a temporary halt when President Marcos declared —- on —————

martial law

September 21, 1972.

The plebiscite was held from ————- and the constitution was overwhelming approved.

January 10-15, 1972

The 1973 Constitution remained in force until the ————————————- which toppled the Marcos administration. It was abolished with the adoption of the 1986 Freedom Constitution by the administration of President Corazon Aquino.

February 22-25 EDSA People Power Revolution of 1986

The 1973 Constitution provided for a parliamentary form of government

The 1973 Constitution provided for a parliamentary form of government

Instead of being ratified by a plebiscite, however, Marcos submitted it to “citizen assemblies” that was formed to approve or reject the new constitution.

Instead of being ratified by a plebiscite, however, Marcos submitted it to “citizen assemblies” that was formed to approve or reject the new constitution.

It was during the second term of President Ferdinand Marcos that the convention opened.

It was during the second term of President Ferdinand Marcos that the convention opened.

It was abolished eventually along with the Second Republic upon the liberation of the Philippines by American forces in 1945 and the reestablishment of the Commonwealth in the Philippines.

It was abolished eventually along with the Second Republic upon the liberation of the Philippines by American forces in 1945 and the reestablishment of the Commonwealth in the Philippines.

The Freedom Constitution (1986)

The Freedom Constitution (1986)

On ——-, President Aquino signed Proclamation No. 3 entitled “Declaring a National Policy to Implements the Reforms mandated By the People, Protecting their basic rights, Adopting a Provisional Constitution, and Providing for an Orderly Transition constitution, later called the “————-” was proclaimed, setting aside the 1973 Constitution thereby recognizing the new Aquino administration as a temporary revolutionary government until the framing of a new constitution.

March 24, 1986

Freedom Constitution,

By virtue of Sec. 1, Article 5 of the Freedom Constitution, President Aquino issued on April 23, 1986 Proclamation No. 9, consisting a Constitutional Commission (CONCOM) charged with drafting a new constitution not later that September 2, 1986.

By virtue of Sec. 1, Article 5 of the Freedom Constitution, President Aquino issued on April 23, 1986 Proclamation No. 9, consisting a Constitutional Commission (CONCOM) charged with drafting a new constitution not later that September 2, 1986.

In line with this issuance, President Aquino, on ——, appointed the 50 CONCOM members representing the various sectors of society from politics to the arts and to the religion.

May 26, 1986

On June 2 the ConCom, headed by ————, commenced its sessions at the Batasang Pambansa in Quezon City.

former Justice Cecilia Munoz Palma

The ConCom completed their task on ———- and presented the draft constitution to President Aquino on October 15.

October 12, 1986

After a period of nationwide information campaign, a plebiscite for its ratification was held on February 2, 1987. An overwhelming —— voted to ratify the constitution while 5,058,714 voted against it.

17,059,495 votes

On ———— , the New Constitution was proclaimed ratified and in effect.

February 11, 1987

 The 1987 Constitution

1. A presidential system of government 

2. A modified Bill of Rights (Article III) 

3. The creation of a Commission on Human Rights 

4. The recognition of Autonomous Region of Muslim Mindanao and the Cordilleras. 

5. Limited political autonomy for local government units 

The 1987 Constitution consists of 18 articles with a preamble.

Preamble 

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 and Arts 

Article XV - The Family 

Article XVI - General Provisions

Article XVII - Amendments and Revision

Article XVIII - Transitory Provisions 

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