politics and governance: cosntitution: lecture 2 (rpc ©)

CONSTITUTION

Lecture 2

Prepared by Raizza Corpuz

Constitution defined:

The foundation of the system of government of the Philippines is the constitution.

In its broad sense, the term constitution refers to the “body of rules and principles in accordance with which the powers of sovereignty is regularly exercised.”

Etymology:Latin word “CONSTITUO” which means “fixed”, “established”, or “settled”

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Constitutional Construction• In Francisco vs House of Representatives,

G.R NO. 160261 Nov. 10, 2003 The SC made reference to the use of well settled principles of constitutional construction (Nachura, 2009 , p.3)

• 1 VERBA LEGIS• 2 RATIO LEGIS ET ANIMA• 3. UT MAGIS VALEAT QUAM PEREAT

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VERBA LEGIS• Whenever possible, the words used in the

CONSTITUTION must be given in their ordinary meaning except where technical terms are employed

• Constitution is not primarily a LAWYER’S document

• It being essential for the rule of law to obtain that it should be presented in the PEOPLE’S CONSCIOUSNESS

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•Ordinary meaning • (own interpretation of the CONSTITUTION)

VERBA LEGISRPC 2013

RATIO LEGIS ET ANIMA

•The words of the constitution should be interpreted in accordance with the intent of the framers• If there’s an ambiguity return to framer’s intention

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UT MAGIS VALEAT QUAM PEREAT

•No separation of parts, it must be interpreted as a whole• It should be interpreted together as

to effectuate the whole purpose of the Constitution

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•  Aristotle defines the constitution as “a certain ordering of the inhabitants of the city-state”.• He also speaks of the constitution of a

community as “the form of the compound”

What is the purpose of the Constitution?

• To prescribe the permanent framework of a system of government;• To assign to the several departments their

respective powers and duties;• To establish certain first fixed principles on

which government is founded.

Advanced Consti #2

Significant Features• The Constitution, which consists of a preamble and

(18) eighteen articles, provides for a presidential system of government and restores the bicameral Congress of the Philippines, composed of a Senate and a House of Representatives.

• The Judicial department is given fiscal autonomy and its authority increased compared to the previous constitution as embodied in the constitutional definition of "judicial power."

• The Bill of Rights under the 1935 and 1973 Constitutions have been modified. These changes include: search warrants and warrants of arrest can be issued only by a judge.• The Supreme Court has noted that the Bill

of Rights "occupies a position of primacy in the fundamental law". • The Bill of Rights, contained in Article III,

enumerates the specific protections against State power.

Does the Constitution create basic rights?

•No. It merely recognizes and protects these rights and does not bring them

into existence.Advanced Consti #2

What is the purpose of the Preamble?

• Preamble is not a source of substantive right since its only purpose is to introduce, i.e., to walk before the Constitution.

What is the purpose of the Preamble?

• It indicates the authors of the Constitution –the sovereign Filipino people;• It enumerates the primary aims and

aspirations of the framers in drafting the Constitution;• It is useful as an aid in the construction and

interpretation of the text of the Constitution.

Advanced Consti #2

Typology of Constitution

Constitution may be classified as follows:1) As to origin and history:a) Conventional or enacted—one which is enacted by a constituent

assembly or granted by a monarch to his subjects (e.g. Constitution of Japan)

b) Cumulative of evolved—one 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)

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Typology of Constitution

Constitution may be classified as follows:2) As to form:a) Written Constitution—one 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 Constitution—one which is entirely a product of political evolution, consisting largely of a mass of customs, usages, and judicial decisions.

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Typology of Constitution

Constitution may be classified as follows:3) As to manner of amending them:a) Rigid or inelastic—one regarded as a document of special

sanctity, which can not be amended or altered except by some special machinery other 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.

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The 1987 Philippine Constitution:

thus a conventional/enacted, written, and rigid/inelastic constitution.

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Pros and Cons of a written constitution

• It has the advantage of clearness and definiteness over an unwritten one. Since the written constitution is a binding document, the rights of the citizen is more secured.

• Its disadvantage lies in the difficulty of its amendment. This prevents the immediate introduction of needed reforms and may thereby retard the healthy growth and progress of the State.

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Requisites of a good written constitution

• BRIEF: because if a constitution is too detailed, it would lose the advantage of a fundamental law. It would never be understood by the public.

• BROAD: because a statement of 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.

• DEFINITE: because otherwise the application of its provision to concrete situations may prove unduly difficult if not impossible.

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Constitution of the Republic of the Philippines

1) The 1935 ConstitutionRatified on May 14, 1935

Features: a) Established the Commonwealth Government.

b) Provided a Democratic and Republican government

c) Inclusion of the Bill of Rights

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Constitution of the Republic of the Philippines

2) The 1973 ConstitutionRatified on January 17, 1973

Features: a) Establishment of a modified parliamentary government.

b) Suspension of the Bill of Rights.

c) Has given greater power to the Executive Department.

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Constitution of the Republic of the Philippines

3) The 1987 ConstitutionRatified on February 2, 1987

Features: a) Reinstitution of a Democratic Government.

b) Separation of Church and State.

c) Sovereignty of the people.

d) Renunciation of war as a national policy.

e) Supremacy of Civilian authority over the military.

f) Separation of Powers

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Preamble

• From Latin “preambulare” which means “to walk before”. • It is an introduction to the main subject.• It is the prologue of the Constitution.

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Preamble: purpose and value

1. Sets down the origin and purposes of the constitution.

2. May serve as an aid in its interpretation.

Note: The preamble has no legal implications.

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REFERENCES

Political Law, Isagani Cruz Philippine Constitution De Leon, 1997

Chan Robles Virtual Law Library Law Phil Project

Vol. 1 Great Political Theories (M. Curtis)