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September 22, 2017 Legal Research Law 1B 6:30-7:30pm, FS, U703 : Constitution of the Republic of the Philippines Salient Features of the 1935 Constitution, the 1973 Constitution, and the 1987 Constitution of the Republic of the Philippines (Hi)story relevant to the Constitution
( History: In 1916, the US passed the Jones Act which specified that independence would only be granted upon the formation of a stable government (democratic) modelled on the American Model. The US approved a 10-year transition plan in 1934, and drafted a new Constitution in 1935. After some issues and problems, this constitution, which had featured a political system, virtually identical to the American one, finally became operative. Salient features: (a) It became the legal basis of the Commonwealth Government. (b) It enumerated the composition, separation of powers, and duties of the branches of the government (c) It adopted the Regalian Doctrine of the Principle of State ownership for its natural wealth utilized by every citizens. (d) It had created the General Auditing Office. (e) It had followed a unicameral system of government. (f) It gives the president the powers including the emergency power in terms of protecting the State from wars and national emergencies. History: Marcos, History: Marcos, with the presence of the Constitutional Convention, amended the 1935 Constitution into 1973 Constitution justifying the insurgency of the Communist party during his tenure; hence, he had declared Martial law to handle the phenomenon that time. Salient features: (a) The content of the Constitution is comprised of a preamble in contrast to the 1935 Constitution, and 17 articles especially on duties of the netizens. (b) It is the first time in history to have a parliamentary system of government where there is: (b.1) the symbolized as the head of the state, and be voted by the people in a State; and (b.2) the symbolized as the head of the government, and be voted by the ministries or what we call today as the cabinets as well as the members of the National Assembly. (c) Legislative powers are also given to the President in enacting laws necessary to prevent the insurgency of New People’s Army. (d) There is an emphasis of the duties and obligations of the citizens especially in giving military services and joining military forces. (e) The Constitution depicts an autocratic leadership to maintain and improve the discipline of every individual person.
History: President Corazon Aquino in April 1986 created, through Proclamation No. 9, the 1986 Constitutional Commission, which was responsible for drafting a replacement for the 1973 Constitution. Salient features: (a) It has supplanted the "Freedom Constitution" upon its ratification in 1987. (b) It has declared a National Policy to implement the reforms mandated by the people, protect their Basic Rights, adopt a Provisional Constitution, and provide for an orderly transition to a government under the new constitution. (b) It has adopted some provisions of the 1973 Constitution provided that they are not contrary to the proclamation such as the principle of separation of powers, the proper way of making a bill into a law, and the bill of rights which is comprised of our political, cultural, social, spiritual, and civil rights. (c) It granted the President broad powers to reorganise government and remove officials, as well as mandating the president to appoint a commission to draft a new, more formal Constitution. (d) It has been a document truly reflective of the ideals and aspirations of the Filipino people. (e) Legislative enactments again has rested in the Congress. (f) The Republic form of government by virtue of the 1987 Constitution was the same type of republican government prior to Martial law by virtue of the 1935 Constitution with three co-equal branches: Executive, Legislative and the Judiciary. Since we had been discussing the 1935, the 1973, and the 1987 Constitution of the Republic of the Philippines, in the first place, what do we mean by the Constitution per se? Basically, constitution is a system for government, which is codified as a written document and comprises fundamental laws and political principles establishing the structure, procedures, power and duties of the government. Hence, taking into account its nature and purpose, it serves technically as the fundamental law of the land establishing the basic framework and underlying principles of the government. As such, it emphasizes the quintessential utilization of our Constitutional Law applicable on our recent phenomena. Thus, we could not deny the fact that even though we knew about the provisions written in the content under our constitution, yet we don’t have the knowledge about its nature and purpose, we could come up with a projection that it is undeniably “useless”. We feel sorry for this expression, but it’s the reality. Some lawyers knew about the
provisions, but they do not take it into a fair and square practice, but they take the constitution only as an advantage to their profession; that’s why it’s also one of the
reasons why our Constitutions keep on constantly changing. However, in the positive side, our Constitutional Law provides our freedom, rights as individual persons, fundamental laws and principles which safeguard, protect, and lead our country into a better place of comfort, and most especially the respect we needed in our religion practiced by diverse communities.
*EXAMPLES OF THE CONSTITUTIONAL CONTENT WHICH HAS BEEN AMENDED
The Filipino people, imploring Filipino the aid of , in people, imploring the aid of order to establish a , in order to government that shall embody establish a government that ideals, conserve and shall embody ideals, develop the patrimony of the , nation, promote the general conserve and develop the welfare, and secure to patrimony of , and and posterity secure to and the blessings of posterity the blessings of under a regime of justice, under a regime of liberty, and , do justice, , liberty, and ordain and promulgate this , do ordain and Constitution. promulgate this Constitution.
Section 1. The Philippines comprises
Filipino people, imploring the aid of , in order to and establish a Government that shall embody ideals , , conserve and develop patrimony, and secure to and posterity the blessings of independence and democracy under and a regime of , justice, , , equality, and peace, do ordain and promulgate this Constitution.
Section 1. The national territory The national territory comprises comprises the Philippine the Philippine archipelago, with archipelago, with all the islands all the islands and waters and waters embraced therein, embraced therein, and all other and all the other territories territories including
the territorial sea, the subsoil, the sea-bed, the with insular shelves, and the all the islands embraced in submarine areas
, ,
, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters The waters around, around, between, and connecting between, and connecting the the islands of the archipelago islands of the archipelago, of their breadth and of their breadth and dimensions, form part of the dimensions, form part of the internal waters of the internal waters of the Philippines. Philippines.
and
