CONSTITUTION, in general

- It is that body of rules and maxims in accordance with which the powers of sovereignty which
are habitually exercised (Cooley).
- With particular reference to the Constitution of the Philippines: That constitution is a written
instrument enacted by direct action of the people by which the fundamental powers government
are established, limited and defined by which those powers are distributed and among the several
departments for their safe and useful exercise for the benefit of the body politic (Justice George
Malcom).

CONSTITUTION of the PH, in particular

- That written instrument enacted by direct action of the people by which the fundamental powers
of the government are established, limited and defined, and by which those powers are
distributed among several departments for their safe and useful exercise for the benefit of the
body politic. (Malcolm, Philippine Constitutional Law, p. 6)

NATURE
1. It serves as the supreme or fundamental law.
2. It establishes basic framework and underlying principles of government.

CHARACTERISTICS
1. The constitution is the foundation of the rule of state
2. The constitution is the embodiment of the fundamental laws. This is the doc of the rule of a
state.
3. The constitution describes the powers and functions of different org government and the
relations among these organs.
4. It states on the one side the powers and duties of the government and, on the rights and duties
of citizens.
5. It connects the ruler to the ruled, and vice versa.

PURPOSE
- To prescribe the permanent framework of a system of government, to assign to the several
departments their respective powers and duties, and to establish certain first principles on which
the government is founded. (11 Am. Jur. 606 cited in Cruz)
Why would a society generally committed to majority rule choose to be governed by a
document that is difficult to change?
a) To prevent tyranny of the majority
b) Societys attempt to protect itself from itself.
c) Protecting long term values from short term passions.

CLASSIFICATION

Written or Unwritten (Form)

a.1. Written
is one whose precepts are embodied in one document or set of
documents.
a.2. Unwritten
consists of rules which have not been integrated into a single, concrete
form but are scattered in various sources, such as statutes of
fundamental character, judicial decisions, commentaries of publicists,
customs and traditions and certain common principles.

Enacted or Evolved (Origin)

b.1. Evolved (Cumulative)
is the result of political evolution, not inaugurated at an specific time but
changing by accretion rather than by any systematic method (Cruz).
b.2. Enacted (Conventional)
conventional constitution is enacted, formally struck off at a definite time
and place following a conscious or deliberate effort taken by a
constituent body or ruler.

Rigid and Flexible (Mode of Amending)

c.1. Rigid
one that can be amended only by a formal and usually difficult and
complex process.
c.2. Flexible
one that can be changed by an ordinary legislation (Cruz).

Essential qualities of a good written constitution (BBD)

Broad not just it provides for the organization of the entire government and covers all
persons and things within the territory of the State but because it must be comprehensive
enough to provide for every contingency .
Brief- it must confine itself to basic principles to be implemented with legislative details
more adjustable to change and wearier to amend.
Definite - to prevent ambiguity in its provisions which could result in confusion and
divisiveness among the people (Cruz).
Essential parts of a written constitutions (3C)

Constitution of Liberty- The series of prescriptions settings forth the fundamental civil
and political rights of the citizens and imposing limitations on the powers of government
as a means of securing the enjoyment of those rights. (e.g Right to suffrage, Article V;
Bill of Rights, Article III)

Constitution of Government The series of prescriptions outlining the organization of

the government, enumerating its powers, laying down certain rules relative to its
administration, and defining the electorate. (e.gLegisDept, Article VI; Exec. Dept, Art VII
and the Jud. Dept, Art VIII and the Constitutional Commission (CSC, COMELEC,
COA), Art IX)

Constitution of Sovereignty the provisions pointing out the mode or procedure I

accordance with which formal changes in the fundamental law may be brought about
(Art. XVII)

Amendment: an alteration of one or a few specific provisions of the Constitution. Its main
purpose is to improve specific provisions of the Constitution. The changes brought about by
amendments will not affect the other provisions of the Constitution.
Revision: An examination of the entire Constitution to determine how and to what extent it
should be altered. A revision implies substantive change, affecting the Constitution as a whole.