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An Introduction to Philippine Constitution Gary G. Ador Dionisio Assistant Professor SMS ± Soc Socia iall Scienc Science/ e/CDA CDA
1
Philippine Constitution I.
II.
Introduction: What is the importance of Constitution in a Nation ± State? Defining Constitution ³Constitution ± in its broadest sense refers to that body of rules and principles in accordance with which the powers of sovereignty are regularly exercised´ 2
Philippine Constitution III. Nature and purpose of Constitution 1.
It serves as the supreme or fundamental law
2.
It establishes basic framework and underlying principles of government
3
Philippine Constitution IV. Meaning of Constitutional Law ³M ay
be defined as the branch of public law which treats of constitution, their nature, formation, amendment and interpretation´
4
Philippine Constitution IV. Kind of Constitution As to their origin and 1. history Conventional or a. enacted Cumulative or b. evolved 2. As to their form Written a. Unwritten b. 5
Philippine Constitution 3. As to manner of amending them a.
Rigid or inelastic
b.
Flexible or elastic
6
Philippine Constitution VI. Constitution distinguished from Statute Constitution is a legislation 1. direct from the people Constitution merely states 2. the general framework of the law Constitution is intended not 3. merely to meet existing conditions but to govern the future 4. Constitution is the supreme or fundamental law 7
Philippine Constitution Statute 1.
Is a legislation from the people¶s representatives.
2.
It provides the details of the subject of which it treats
3.
Is intended primarily to meet existing conditions only
4.
Statute conforms to Constitution.
8
Philippine Constitution VII. Constitutions of the Republic of the Philippines a.
Malolos Constitution (1st Republic)
b.
1935 Constitution (Commonwealth Constitution) 9
Philippine Constitution c. 1973 Constitution (Marcos or Martial Law Constitution) d. 1987 Constitution (Freedom Constitution)
10
Philippine Constitution VIII. Basic Principles Underlying the New Constitution 1.
Recognition of the Aid of Almighty God
2.
Sovereignty of the People
3.
Renunciation of war as an instrument of national policy 11
Philippine Constitution 4.
Supremacy of civilian authority over the military
5.
Separation of Church and State
6.
Recognition of the importance of the family as basic social institution and of the vital role of youth in nation building
7.
Guarantee of human rights 12
Philippine Constitution 8.
Government through suffrage 9. Separation of Power 10. Independence of Judiciary 11. Guarantee of local autonomy 12. High sense of public service morality and accountability 13. Nationalization of natural resources and certain private enterprises affected by public interest 13
Philippine Constitution 14. Non ± suability of the state 15. Rule of the majority; and 16. Government of laws and not men. VIII. Conclusion ³ What are the Challenges of the 1987 Constitution in the Era of Globalization?´ 14
