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COURSE SYLLABUS

Course Title:

THE PHILIPPINE CONSTITUTION and GOVERNMENT

Course Description: An important document in the history of the Philippines, this


course will tackle the structure of the government, its different branches and
powers. Emphasis on the Bill of Rights will also be given so that students will have
adequate knowledge of their rights and responsibilities as members of the society.
Objective/s:
At the end of the semester, the students must be able to learn the following:
1.
2.
3.
4.

Knowledge on the development of our Philippine Constitution;


Knowledge on the structure and powers of the government;
Knowledge on the rights and duties of every citizen; and
Significance of the Philippine Constitution.

Course Outline
I.

Why Study the Philippine Constitution?

II.

Background: Philippine History and Constitution.


a. Tribes
b. Discovery of Magellan
c. Philippine Independence (Malolos Constitution)
d. Treaty Of Paris
e. United States: Another Sovereignty
f. Tydings-McDuffie Law
g. Martial Law
h. EDSA 1 (Freedom Constitution)

III.

The Constitution of the Philippines


a. Outstanding Features
b. Supremacy of the Constitution

IV.

Concept of the State


a. State
b. Elements of the State
c. Functions
d. De Jure and De Facto Government
e. Government of the Philippines

V.

Doctrine of State of Immunity

VI.

Fundamental Principles and State Policies

VII.

Separation of Powers

VIII. Delegation of Powers


IX.

The Legislative Department

X.

Powers of the Congress

XI.

The Executive Department

XII.

Powers of the President

XIII. The Judicial Department


XIV.

The Constitutional Commissions


a. Civil Service Commission
b. Commission on Elections
c. Commission of Audit

XV.

Accountability of Public Officers

XVI.

Amendment or Revision of the Constitution

XVII. Bill of Rights

INTRODUCTION TO PHILIPPINE CONSTITUTION


Importance of Studying Philippine Constitution
Why Study Philippine Constitution?

The Philippines is a democratic and republican State. Sovereignty resides in


the people and all government authority emanates from them. (1987 Constitution,
Article II, Section 1)

Section 3. (1) All educational institutions shall include the study of the
Constitution as part of the curricula. (1987 Constitution, Article XIV, Section 3.1)

Background: Philippine History and Constitution


Tribes

Early History -The Negritos are believed to have migrated to the Philippines
some 30,000 years ago from Borneo, Sumatra, and Malaya. The Malayans
followed in successive waves. These people belonged to a primitive epoch of
Malayan culture, which has apparently survived to this day among certain
groups such as the Igorots. The Malayan tribes that came later had more
highly developed material cultures.

In the 14th cent. Arab traders from Malay and Borneo introduced Islam into
the southern islands and extended their influence as far north as Luzon. The
first Europeans to visit (1521) the Philippines were those in the Spanish
expedition around the world led by the Portuguese explorer Ferdinand
Magellan. Other Spanish expeditions followed, including one from New Spain
(Mexico) under Lpez de Villalobos, who in 1542 named the islands for the
infante Philip, later Philip II.( http://pinas.dlsu.edu.ph/history/history.html)

Discovery of Magellan

The discovery of Magellan in 1521 made the Philippines under the rule of
Spain. The rule lasted for 300 years of abuse from the government and the
Spanish friars which gradually developed a sense of unity among the natives.

Rizal and other propagandists were later to ignite the spirit of nationalism
that was to fuel the Philippines. The Philippine Revolution under the
generalship of Emilio Aguinaldo ended the Spanish sovereignty in the
Philippines.

The Malolos Constitution where the new government was established, was
the first democratic constitution ever to be promulgated in the whole of Asia.
(Philippine Political Law, Isagani Cruz, p.3)

Treaty of Paris

Provided for the cession of the Philippine Island by Spain to the United
States.

Schurman Commission (First Philippine Commission) fact finding survey of


the whole island.

Taft Commission (Second Philippine Commission) took over all the


legislative powers and some executive and legislative powers from the
military government.

Spooner Amendment (July 4, 1901) civil government was established.

Philippine Bill of 1902 (Philippine Assembly) created to sit with the Philippine
Commission.

Philippine Autonomy Act (Jones Law) established Philippine Legislature


consisting of a Senate and a House of Representatives.

Tydings McDuffie Act promised independence to the Filipinos if they could


prove their capacity for democratic government during the ten-year transition
period.

July 4, 1946 Americans withdrew its sovereignty over the Philippines.

September 21, 1972 President Marcos issued Proclamation No. 1081


placing the entire Philippines under Martial Law.

February 22, 1986 People Power.

Freedom Constitution

(Philippine Political Law, Isagani Cruz, p.4-7)

What is Constitution?

Refers to the body of rules and principles in accordance with which the
powers of sovereignty are regularly exercised.

The Constitution of the Philippines

Written instrument by which the fundamental powers of the government are


established, limited, and defined and by which these powers are distributed
among the several departments or branches for their safe and useful exercise
for the benefit of the people. (Textbook on Philippine Constitution, De Leon, p. 19)

1.
2.
3.
4.

Commonwealth Constitution (1935)


1973 Constitution
Freedom Constitution
1987 Constitution

Nature and Purpose of the Constitution:

A constitution is the charter creating the government. It has the status of a


supreme or fundamental law as it speaks for the entire people from whom it
derives its claim to obedience. It is binding on all individual citizens and all
organs of the government. It is the law to which all other laws must conform
and ion accordance with which all private rights must be determined and all
public authority administered.

The purpose of a constitution is to prescribe the permanent framework of the


system of government and to assign to the different departments or
branches, their respective powers and duties, and to establish certain basic
principles on which the government is founded. (Textbook on Philippine Constitution, De Leon,
p. 19)

Outstanding Features and principles

Consists of 18 articles.
Excessively long compared to the 1935 and 1973 Constitution.

1. Recognition of the Aid of Almighty God;


5

2.
3.
4.
5.
6.

Sovereignty of the people (Art. II, Sec. 1)


Renunciation of war and as an instrument of national policy (Art.II, Sec. 2)
Supremacy of civilian authority over the military (Art. II, Sec.3)
Separation of church and State (Art. II, Sec. 6)
Recognition of the importance of the family as a basic social institution and of
the vital role of the youth in nation-building (Art.II, Secs. 12,13; Art. XV)
7. Guarantee of Human rights (Art.III, Secs. 1-22)
8. Government through suffrage (Art. V, Sec. 1)
9. Separation of Powers (Art. VI, Sec. 1)
10.
Independence of the Judiciary (Art. VIII, Sec. I)
11.
Guarantee of local Autonomy (Art.X, Sec. 2)
12.
High Sense of public service morality and accountability of public officers
(Art. XI, Sec. 1)
13.
Nationalization of natural resources and certain private enterprises affected
with public interest (Art. XVI, Sec. 3)
14.
Non-suability of the State (Art. XVI, Sec. 3)
15.
Rule of the Majority;
16.
Government of laws and not of men.
Kinds of Constitution
1. As to their origin and history
a. Conventional or enacted One which is enacted by a constituent assembly or
granted by a monarch to his subjects like the Constitution of Japan in 1889.
b. Cumulative or evolved the product of growth or a long period if
development originating in customs, traditions, judicial decisions rather than
deliberate and formal enactment.
2. As to their form:
a. Written one which has been given a definite written form at a particular
time, usually by a specifically constituted authority called a constitutional
convention;
b. Unwritten entirely the product of political evolution, consisting largely of a
mass of customs, usages and judicial decisions together with a smaller body
of statutory enactments of a fundamental character, usually bearing different
dates.
3. As to manner of amending it:
a. Rigid or inelastic regarded as document of special sanctity which cannot be
amended or altered except by some special machinery more cumbrous than
ordinary legislative process;
b. Flexible or elastic one which possesses no higher legal authority than
ordinary laws and which may be altered in the same way as other laws.

The Philippine Constitution is classified as conventional, written and rigid. It


was drafted by an appointive body called Constitutional Commission.

Advantages and Disadvantages of a written constitution.


1. It has an advantage of clearness and definiteness because it is prepared with
great care and deliberation;
2. Its disadvantage lies with the difficulty of its amendment.
6

Requisites of a good written constitution:


1. Brief the constitution must be brief so that the public at large may
understand it and would not need amendments every now and then;
2. Broad the powers and functions of government, and of the relations
between the governing body and the governed, requires that it be as
comprehensive as possible;
3. Definite because otherwise the application of its provisions to concrete
situations may prove unduly difficult if not impossible;
4. Contents constitution of government (framework and its powers),
fundamental rights of the people and impositions of certain limitations upon
the government and constitution of sovereignty (pointing out the mode or
procedure for amending or revising the constitution)
Constitution distinguished from the State:
Constitution
Legislation direct from the people

Statute
from
the

Merely states the general framework of


the law and the government

Legislation
peoples
representatives
Provides the details of the subject of
which it treats;

Intended not only to meet existing


conditions but to govern the future

Statute is intended primarily to meet


existing conditions only;

Supreme or fundamental law of the land


of the State

Statutes
must
constitution.

conform

to

the

Sources:
1.
2.
3.

Philippine Political Law, Isagani Cruz, 2002;


Textbook on the Philippine Constitution, De leon, Hector, S., 2005;
UST Golden Notes, 2014 Edition.

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