What is constitution?

A constitution is a system for government, codified as a written document, which contains

fundamental laws and principles. It usually contains fundamental political principles, and establishes the
structure, procedures, powers and duties, of a government.
Etymology: Latin word CONSTITUO which means fixed, established, or settled
The Constitution of the Philippines is the supreme law of
the Philippines. The Constitution currently in effect was enacted in 1987, during the administration
of President Corazon C. Aquino, and is popularly known as the "1987 Constitution.
Philippine constitutional law experts recognize three other previous constitutions as having effectively
governed the country the 935 Commonwealth Constitution, the 1973 Constitution, and the 1986
Freedom Constitution. Constitutions for the Philippines were also drafted and adopted during the shortlived governments of Presidents Emilio Aguinaldo (1898) and Jos P. Laurel (1943).
Nature and purpose of Constitution
1. It serves as the supreme or fundamental law
a. It is the Charter creating the government.
b. It is binding to all individual citizens and all organs of the government.
c. It is the law to which all other laws must conform.
d. It is the test of the legality of all governmental actions.
2. It establishes basic framework and underlying principles of government
a. Prescribes the permanent framework of the system of government, and assigns to
the different department or branches, their respective powers anD duties. (Art.I)
b. To establish certain basic principles on which the government is founded.
(Preamble, Art.I)
c. Designed to preserve and protect the rights of the citizen against the Powers of
the State. (Art III)
Constitutional Law
Body of law derived from countrys written constitution. It lays down and guides
the duties and powers of the government, and the duties and rights of its citizens and residents.

Kind of Constitution
Constitution may be classified as follows:
1) As to origin and history:
a) Conventional or enactedone which is enacted by a constituent assembly or granted by a
monarch to his subjects (e.g. Constitution of Japan)

b) Cumulative of evolvedone which is a product of a long period of development originating in

customs, traditions, judicial decisions etc, rather than from deliberate and formal enactment.
(e.g. English Constitution)

2) As to form:
a) Written Constitutionone which has been given definite form at a particular time, usually by
a specially constituted authority called a constitutional convention or constitutional
commission.
b) Unwritten Constitutionone which is entirely a product of political evolution, consisting
largely of a mass of customs, usages, and judicial decisions.
3. As to manner of amending them
a. Rigid or inelastic
b. Flexible or elastic

3) As to manner of amending them:

a) Rigid or inelasticone regarded as a document of special sanctity, which cannot be amended
or altered except by some special machinery other than ordinary legislative process.
b) Flexible or elasticone which possesses no higher legal authority than ordinary laws and
which may be altered in the same way as other laws.

Constitution distinguished from Statute

1. Constitution is a legislation direct from the people
2. Constitution merely states the general framework of the law
3. Constitution is intended not merely to meet existing conditions but to govern the future
4. Constitution is the supreme or fundamental law
Statute
1. Is a legislation from the peoples 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.
Parts of the 1987 Constitution

The Constitution is divided into 18 parts, excluding the Preamble, which are called Articles. The
Articles are as follows:
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, Arts, Culture and Sports
Article XV - The Family
Article XVI - General Provisions
Article XVII - Amendments or Revisions
Article XVIII - Transitory Provisions
Preamble of the 1987 Constitution
The Preamble reads:
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 shall embody our ideals and aspirations, promote the
common good, conserve and develop our patrimony, and secure to ourselves and our 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.
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

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
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
14. Non suability of the state
15. Rule of the majority; and
16. Government of laws and not men.