PREAMBLE

1987 CONSTITUTION

1973 CONSTITUTION

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.

We, the sovereign Filipino

people, imploring the aid of
Divine Providence, in order to
establish a government that
shall embody our ideals,
promote the general welfare,
conserve and develop the
patrimony of our Nation, and
secure to ourselves and our
posterity the blessings of
democracy under a regime of
justice, peace, liberty, and
equality, do ordain and
promulgate this Constitution.

1935 CONSTITUTUON
The
Filipino
people,
imploring the aid of Divine
Providence, in order to
establish a government that
shall embody their ideals,
conserve and develop the
patrimony of the nation,
promote the general welfare,
and secure to themselves and
their posterity the blessings
of independence under a
regime of justice, liberty, and
democracy, do ordain and
promulgate this Constitution.

Source: http://www.batasnatin.com/law-library/political-and-public-internationallaw/constitutional-law/1334-1987-1973-1935-philippines-constitution-compared-comparisonmatrix.html
Kami, ang nakapangyayaring
sambayanang
Pilipino,
na
humihingi
ng
tulong
sa
Makapangyarihang Diyos, upang
bumuo ng isang makatarungan at
makataong lipunan at magtatag ng
isang Pamahalaan nakakatawan sa
aming mga mithiin at mga
lunggatiin,
magtataguyod
ng
kabutihan
sa
bawat
isa,
mangangalaga at magpapaunlad ng
aming kamanahan, at titiyak para
saming sarili at angkanang susunod
ng mga biyaya ng kalayaan at
demokrasya sa ilalim ng pananaig
ng batas at ng pamamahalang
puspos
ng
katotohanan,
katarungan, kalayaan, pag-ibig,
pagkakapantay-pantay
at
kapayapaan, ay naglalagda at
naghahayag ng Konstitusyong ito.
Source:
http://tagaloglang.com/ThePhilippines/Government/preambleto-the-1987-constitution.html

THE PREAMBLE IN CONSTITUTIONAL INTERPRETATION

PREAMBLE
When a constitution creates a government, the preamble of that constitution
contains the principles and purposes of that government. The preamble may
also contain the source of that governments authority.
HOW TO TALK ABOUT PREAMBLES?
What is a preamble to a constitution and how can it be classified?
In formal terms, a preamble constitutes the introduction to the
constitution and usually bears the formal heading Preamble or some
alternative, equivalent title, while in other cases it appears without a
heading. The formal classification provides a simple and technical
identification of a preamble. Alongside a formal classification, it is
possible to identify a preamble through its content.
In substantive terms, a preamble does not require a specific location in
the constitution but, rather, specific content. It presents the history
behind the constitution's enactment, as well as the nation's core
principles and values.
Analysis of a nonrepresentative sample of fifty democratic countries revealed that
most have included a formal preamble in their constitutions: thirty-seven countries
have a preamble (74 percent) while thirteen countries do not (26 percent).
Countries that do not have a formal preamble often include introductory articles
that may be regarded, in substantive terms, as a preamble. A preamble is, thus, a
common constitutional feature. Moreover, most of the countries that have adopted
a constitution in recent years, particularly in Eastern and Central Europe, have
included a preamble.
The content of preambles can be classified into five categories.
1. The Sovereign. Most preambles specify the source of sovereignty. In some
cases, sovereign power rests with the people (we the people of ). This is
a relatively neutral term with which most of the population can usually
identify. Another phrase relates to the source of sovereignty as stemming
from a particular nation (the Lithuanian Nation, the Spanish Nation, and
the like). This terminology emphasizes a specific national group and is less
neutral. Some preambles combine a reference to the people with a reference
to representative bodies; others refer only to representative bodies; while
others make no reference to a sovereign authority. In federations and unions,
the preamble often identifies the constituent statesand their peoplesas
the source of sovereignty.
2. Historical Narratives. Preambles include, typically, historical narratives of a
state, a nation, or a people, telling specific stories that are rooted in
language, heritage, and tradition. These stories shape the common identity
(we). The reference is often to past events that influenced the
establishment of the state. The South African preamble, for example,

declares that the people of South Africa recognise the injustices of our
past, and honour those who suffered for justice and freedom in our land.
The preamble to the Chinese Constitution notes that China is one of the
countries with the longest histories in the world and details, at great length,
Chinese history and the nation's achievements. The Turkish preamble
mentions that the Turkish Constitution is established in line with the
concept of nationalism outlined and the reforms and principles introduced
by the republic's founder Atatrk. In Eastern and Central Europein
countries such as Croatia, Estonia, Slovakia, Slovenia, and Ukrainethe
preambles celebrate the nations struggles for independence and selfdetermination.
3. Supreme Goals. Preambles often outline a society's fundamental goals.
These may be universal objectives, such as the advancement of justice,
fraternity, and human rights; economic goals, such as nurturing a socialist
agenda or advancing a free market economy; or others, such as maintaining
the union. These goals tend to be abstract ideas, such as happiness or wellbeing. The preamble to the Constitution of Japan, for instance, is peaceloving (never again shall we be visited with the horrors of war desire
peace for all time), while the preambles to the Constitutions of the
Philippines and of Turkey stress love.
4. National Identity. Preambles usually contain statements about the national
creed. Understanding the constitutional faith of each country, and its
constitutional philosophy, cannot be complete without reading its preamble.
Frequently, preambles include an additional element about future aspirations
and may include a commitment to resolve disputes by peaceful means, to
abide by the principles of the UN Charter, or to further national aspirations
as stated in a declaration of independence. These statements often refer to
inalienable rights, such as liberty or human dignity.
5. God or Religion. A preamble may include references to God. Some
preambles emphasize God's supremacy, such as the preambles to the
Canadian Charter (the supremacy of God) or the Swiss Constitution (in
the Name of Almighty God). Other preambles refer to a religion: the Greek
preamble refers to the Holy Trinity; in the Irish preamble, the Holy Trinity is
mentioned as our final end and a source of authority toward which all
actions of men and states must be referred. Conversely, the preamble may
emphasize the separation of state and religion or the state's secular character.
While common characteristics can be identified, each preamble has its own
distinguishing features. Preambles come in various lengths, harmonize with or
contradict the body of the constitution, and may be enacted together with the body
of the constitution as well as in a later constitutional moment.
Justice Harlan noted: Although that Preamble indicates the general purposes for
which the people ordained and established the Constitution, it has never been
regarded as the source of any substantive power conferred on the Government of
the United States, or on any of its Departments. Such powers embrace only those
expressly granted in the body of the Constitution, and as such as may be implied
from those so granted.

THE LEGAL STATUS OF PREAMBLES

The preamble has several functions.
1. Educational Purpose - it is one of the most significant sections of the
constitution that is mentioned in educational and public arenas. Unlike the
constitutionusually a very long document including complex provisions
the preamble is relatively short and is written in a more accessible language.
2. Explanatory purpose - it serves to specify the reasons for the constitution's
enactment, its raison dtre and eternal ideals.
3. Formative purpose - it constitutes a political resource for the consolidation
of national identity and serves as a national calling card.
4. Legal purpose - this section sketches a three-part typology of preambles: a
ceremonial preamble, an interpretive preamble, and a substantive preamble.
CONCLUSION
Do preambles have a point? They surely do.
For Plato, preambles are the soul of the laws, a device through which the
legislator convinces the people to obey the law.
For Schmitt, preambles express the society's fundamental political decisions.
For Blackstone, preambles are the key to opening up to us the minds of the
lawmakers.
For individuals, preambles are the national consciousness; they define the
constitutional identity and, as such, they define who the we is.
For a long time, preambles have been disregarded as symbolic statements. Students
at American law schools do not learn that they can win a case by invoking the
Preamble. This article shows that, in a global perspective, this premise is no longer
valid. A growing number of countries have legalized the language of the preamble.
The preamble's rights and principles have become more and more legally
enforceable, rights that lawyers can bring to court (whether this is a desirable
practice is a separate question). And yet, preambles are not simply legal provisions,
like the other provisions of the constitution. The motives for writing preambles,
their design process, and their sociological functions are different. The preamble's
purpose is not onlyperhaps not mainlyto guarantee rights or provide legal
arguments but to set down the basic structure of the society and its constitutional
faith. In no other place than the preamble is the constitutional understanding of the
founding fathers and the national creed so clearly reflected.
Preambles have an important nonlegal purpose, as well. They reflect and affect
social and political norms. They encourage cohesion or exacerbate divisions,
express the constitutional identity, and are called upon to serve as a device of
national consolidation or to reconcile past wrongs. Their impact depends on their
wording but also on the political environment that once gave them life. Preambles
may acquire a unique force, generally at a constitutional moment. The classic case

is the U.S. Constitution. This was also the case with the preamble to the German
Grundgesetz in which a defeated and shattered Germany, recuperating from the
Nazi nightmare, was able to proclaim its attachment to a new Europe. In those
moments, preambles enjoy popular consent. When those moments pass, popular
consent is more difficult to achieve.
http://icon.oxfordjournals.org/content/8/4/714.full#sec-13

MEANING & OBJECTIVE:

The term preamble is derived from the Latin preambulare which means to "to walk
before". It is an introduction to the main subject. It is the prologue of the
Constitution.
A preamble is not a necessary part of a Constitution, but it is always advisable to
have one. Majority of the constitutions of the world contain a preamble. The
objective of a preamble is to set down origin and purposes of the Constitution and
to serve as an aid in its interpretation.
http://philgovernment.blogspot.com/2009/11/meaning-and-objective-ofpreamble.html
EXPLAINATION:
It shall be the sovereign Filipino people basically through the facilities and
structures of government and through peoples organization.
It is said that the Preamble is not a part of the Constitutions nor a source of rights.
But it can certainly be referred to in knowing the aims or purposes of the
Constitutions. Dean Vicente Sinco says of the Preamble: The preamble performs
a vital function in a constitution. Its value is not merely formal but real and
substantive. It is to the constitution what the enacting clause is to a statue. The
authenticity of the authorship of the constitution is made patent in the preamble.
Without this or something equivalent to it, the source of authority that gives valid
force to the constitutional mandates may lie concealed, perhaps left to the dangers
of uncertain conjectures.
Thus, it was pointed out that general welfare should really mean ikabubuti ng
nakararami while common good shall mean ikabubuti ng lahat. Thus, all
efforts and rules of society and government should be for the welfare of all,
without exceptions. The patrimony of the Nation now read our patrimony, to
make it more emphatic, a Nolledo amendment. The words blessings of
independence and democracy, an Edmundo Garcia amendment, to underscore the
importance of true independence even in the presence of democratic beliefs and
practices.
Love is found in the preamble, an amendment by Bishop Teodoro Bacani, to
assert the need for love in the face of divisions and discords that take place among

our people because of varying political and social beliefs, practices, and
persuasions.
Imploring the aid of Divine Providence now appear as imploring the aid of
Almighty God, to make the reference to God more personal and direct. And by
invoking God in the preamble, Jose Laurel, Sr. said, the Filipino people thereby
manifested their intense religious nature and place unfaltering reliance upon Him
who guides the destinies of men and nations.
http://myreactionph.blogspot.com/2011/09/what-is-meaning-of-preamble-of.html
Source of Constitutions authority
The Filipino people- signify oneness and solidarity of the Filipinos as
differentiated from the words people of the Philippines w/c may include other
inhabitants or aliens.
A sovereign people- intended to emphasize that the Filipino people in ordaining &
promulgating the Constitution do so on their own authority as a sovereign people
w/out intervention from foreign power.
Belief in God stressed
The reference to the Almighty God points out the religious nature of the Filipino
people as they acknowledge the existence of Supreme Being that guides their
destinies and the destiny of their nation. The entire Preamble is like a collective
prayer to this Supreme Being, recognizing Him as the source of their authority to
promulgate the Constitution
The Philippines is a predominantly Christian nation and its people believe in the
power of prayer.
Changes in the Preamble
The Preamble of the 1973 Constitution was notably changed in the 1987
Constitution. Among the changes are the insertion of the following:
The phrase to build a just and human society, which makes it clear that
the adoption of the new Constitution does not only seek the establishment
of a new government. A just and humane society may be said to be the
one where every individual, regardless of his station in life, is treated
fairly before the law, and where special concern is given to the poor and
the less fortunate so that, like the rest, they may be able to attain a decent
standard of living;
The phrase the rule of law, as a reminder to every one of the nations
sad experience under an authoritarian regime which has been accused,
among others, of numerous violations of human rights, election frauds,
graft and corruption, suppression of dissent, and other repressive acts;
The word love, as a principle together with truth, justice, freedom,
equality, and peace to stress the need for a sense of love to bind all
Filipinos, especially during these critical times when armed conflicts and
intense political rivalries still continue to divide our nation; and

 The word independence, to emphasize that ours is a free nation which

does not owe allegiance to any superior foreign power.
http://www.slideshare.net/AprilYourHeroine/preamble-13874769
Concept of Preamble:
The Preamble is derived from the Latin term "preambulare", which means to walk
before. A preamble, as defined by Webster's Encyclopedic Dictionary, is an
introductory part of a statute, ordinance, and the like stating the reasons and
purposes of the text that follows. It is the prologue of the Constitution.
History of the Preamble:
Following the declaration of independence from Spain by the Revolutionary
Government, a congress was held in Malolos, Bulacan in 1899 to draw up a
constitution. It was the first republican constitution in Asia. During that time, the
Malolos Constitution established Spanish as the official language of the
Philippines. The first Preamble reads:
"Nosotros los Representantes del Pueblo Filipino, convocados legtimamente
paraestablecer la justicia, proveer a la defensa comn, promover el bien general y
asegurar los beneficios de la libertad, implorando el auxili del Soberano
Legislador del Universo para alcanzar estos fines, hemos votado, decretado y
sancionado lasiguiente"
(We, the Representatives of the Filipino people, lawfully convened, in order to
establish justice, provide for common defense, promote the general welfare, and
insure the benefits of liberty, imploring the aid of the Sovereign Legislator of the
Universe for the attainment of these ends, have voted, decreed, and sanctioned the
following.)
Amendments and Changes made in the Preamble:
1. The phrase "Almighty God" replaced "Divine Providence" in the 1935 and 1973
Constitutions which was considered vague and impersonal. "Common Good" is
used to refer to all the people in place of "general welfare" which is not as
inclusive as it may be interpreted to refer only to the welfare of the greater
majority. Also, "freedom" is used instead of "liberty" because the latter word does
not cover freedom from want, fear and ignorance.
2. Other amendments are the insertion of the following phrases and words:
a. To build a just and humane society
b. the rule of law
c. aspirations to "democracy"
d. truth e. love
f. "independence" was changed
g. Peace and equality
Is the Preamble essential in a Constitution?
Technically speaking, the Preamble forms no integral part of our Constitution. Of
itself alone, it cannot be invoked as a source of private right enforceable by the

courts or of any governmental power not expressly granted or at least, clearly

implied therefrom.

Can the Constitution exist without the Preamble?

Yes, it can. It is not a source of rights nor even a basis of power of the government
yet it accomplishes two fundamental aims such as:
1. Identifying the sovereign power that ordains and promulgates the Constitution
2. Laying down the great visions for which the fundamental law was ordained.
It is also significant to note that a majority of the Constitutions of the world contain
a Preamble. This is because:
1. It introduces the Constitution by setting the mood of the reader about its
significance
2. It identifies the author and the purposes of the fundamental law.
3. It aids authorities in the interpretation of the Constitution since it lays down the
visions of the government.
Source of constitution's authority:
1. THE FILIPINO PEOPLE
The constitution begins and ends with the words, "We, the sovereign
Filipino people......do ordain and promulgate this Constitution." Thus, the
Filipino themselves (not just their representatives) are the source from which
the constitution comes and being so, it is the supreme law of the land.
2. A SOVEREIGN PEOPLE
The Constitution calls the Filipino people "sovereign". The first person
approach consisting of the use of the pronouns "we" and "our" has also been
retained to stress that the Filipino people, in ordaining and promulgating the
Constitution, do so on their own authority as a sovereign people and not by
virtue of the authority or permission given
by a superior foreign power.
Belief in God Stressed
Since the Philippines is the only predominantly Christian and partly Muslim nation
in Asia and East Pacific Region, we could obviously see the concept or form of our
preamble which is like a collective prayer. The Filipinos are intensely religious
people and we acknowledge God as the source of authority. In imploring the aid of
the "Almighty God", they declare and affirm their belief in the existence of a
supreme being that guides the destinies of men and nations. They recognize the
fact that with the help of a personal God to whom they are all accountable, they
will be able to achieve the ideals and aspirations to which they are committed,
particularly in laying a strong foundation for building a "just and humane society",
which is not possible in a Godless society.

 National Purposes and Aims in adopting the Constitution

As set forth in the Preamble, they are:
1. To build a just and humane society
2. To establish a Government that shall
a. embody our ideals and aspirations
b. promote the common good
c. conserve and develop our patrimony and...
d. 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.
Trivias about the Philippine Preamble
1. The Preamble, consisting of 75 words, is one of the world's longest preambles. It
has 15 words more than that of the 1973 Constitution.
2. Over 90% of the population today are Christians, mostly Catholics, which is
very apt for the form of our Preamble which is like a collective prayer unto the
Almighty God.
3. Although they may seem to have the same meaning, there is an entire, different
concept between the terms "common good" and "general welfare". This resulted to
the usage of the term common good inplace of general welfare in the preamble.