Vilbar, Jairus Adrian Weekday

Constitutional Law 1

Constitution in its broad sense, refers to the body of rules and principles in accordance with which
the powers of sovereignty is regularly exercised.

How territory is defined:

1935 Constitution, the national territory comprises the Philippine archipelago, with all the islands
and waters embraced therein, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between
and connecting the islands of the archipelago, regardless of their breadth and dimensions form part
of the internal waters of the Philippines.

1973 Constitution defines National Territory same as the 1935 constitution but has added other
territories belonging to the Philippines by historic or legal title.

1987 Constitution states that The Philippines comprises all the territory ceded to the United States
by the Treaty of Paris concluded between the United States and Spain on the tenth day of December,
eighteen hundred and ninety-eight, the limits which are set forth in Article III of said treaty, together
with all the islands embraced in the treaty concluded at Washington between the United States and
the treaty concluded between the United States and Great Britain and all territory over which the
present Government of the Philippine Islands exercises jurisdiction.

System of Government:

Malolos Constitution - Government of the republic is popular, representative alternative and

responsible and shall exercise distinct powers namely the legislative, the executive and the judicial.
Any two or more of these three powers shall not be united in one person.

1935 Constitution – System of government is republican.

1973 Constitution – also Republican.

1987 Constitution – System of government is democratic and republican.

Judicial Powers:

Malolos Constitution – Judicial Powers shall be vested in one Supreme Court and in other courts
established by law. Their composition, organization and other attributes shall be determined by the
laws creating them.

1935 Constitution – Judicial Powers shall be vested in one Supreme Court in such inferior courts as
may be established by law.

1973 Constitution - Judicial Powers shall be vested in one Supreme Court in such inferior courts as
may be established by law. The batasang pambansa shall have the power to define, prescribe and
apportion the jurisdiction of the various courts, but may not deprive of the supreme court of its
cases enumerated in section five therof.
1987 Constitution – specifically defines Judicial Powers as follows: The Judicial power shall be vested
in one supreme court and in such lower courts as may be established by law. Duties of the courts is
to settle actual controversies involving rights legally demandable and enforceable.

President’s Power to declare Martial Law

1935 Constitution – the President may suspend the privilege of the writ of habeas corpus or the
place of the Philippine or any part thereof under Martial law in case of invasion, insurrection,
rebellion or imminent danger thereof when public safety requires it.

1973 Constitution – Prime minister may suspend the privilege of the writ of habeas corpus or the
place of the Philippine or any part thereof under Martial law in case of invasion, insurrection,
rebellion or imminent danger thereof when public safety requires it.

1987 Constitution – President as commander in chief may suspend the privilege of the writ of habeas
corpus or the place of the Philippine or any part thereof under Martial law of invasion, insurrection,
rebellion or imminent danger thereof when public safety requires it. Suspension of Writ of habeas
corpus should not exceed 60 days. State of martial law cannot override the function of both the
judiciary and legislative.

Amendments:

Malolos Constitution – can be done by assembly or the president of the republic indicating what
articles are to be amended

1935 Constitution –The Congress in joint session assembled, by a vote of three fourths of all the
members of the Senate and House of representatives voting separately. amendments shall be valid
as part of this constitution when approved by a majority of votes cast an election at which
amendments are submitted to the people for ratification.

1973 Constitution – may be proposed by a national Assembly upon a vote of three fourths of all its
members or by a constitutional convention. The National Assembly may by a vote of two-thirds of all
its members call a constitutional convention. Any amendment or revision of the Constitution shall be
valid when ratified by a majority of votes cast in the plebiscite shall not be held later than three
months after approval.

1987 Constitution – three fourths of all its members voting separately. Calls for a constitutional
assembly/convention with 2/3 votes of its members. People can propose amendments. People
initiative to amend the constitution can only be implemented by law to be passed by congress.