preamble.docx

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PREAMBLE - Is not a source of power or right for any department of the government - Sets down the origin, scope, and purpose of the Constitution - Useful as an aid ascertaining the meaning of ambiguous provisions in the body of the Constitution - It consists of the enumeration of the fundamental values and goals and of the devices for achieving and protecting these goals We, the sovereign Filipino people, - The identification of the Filipino people as the author would imply that the document was not just a work of the representatives but of the people themselves who approved it by ratifying it in a plebiscite - The 1935 Preamble used the 3 rd person approach: suggesting that some 3 rd person was making the announcement that the Filipino people were finally allowed to promulgate a constitution imploring the aid of Almighty God, - The constitutional commission attempted to substitute “Lord of History” or “God of History” for “Divine Providence” – because the substitute connoted active involvement of God in the affairs of men o It was rejected because it can be misunderstood as the acceptance of the Marxist concept of history being the only God - “Almighty God” was chosen as being more personal than “Divine Providence” and more consonant with Filipino religiosity - Aid is a more encompassing term than guidance in order to build a just and humane society, - Adds a notion that a constitution not merely sets up a government but is also an instrument for building the larger society of which the government is merely a part of

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Page 1: Preamble.docx

PREAMBLE- Is not a source of power or right for any department of the government- Sets down the origin, scope, and purpose of the Constitution- Useful as an aid ascertaining the meaning of ambiguous provisions in the body of the

Constitution- It consists of the enumeration of the fundamental values and goals and of the devices

for achieving and protecting these goals

We, the sovereign Filipino people,- The identification of the Filipino people as the author would imply that the document

was not just a work of the representatives but of the people themselves who approved it by ratifying it in a plebiscite

- The 1935 Preamble used the 3rd person approach: suggesting that some 3rd person was making the announcement that the Filipino people were finally allowed to promulgate a constitution

imploring the aid of Almighty God,- The constitutional commission attempted to substitute “Lord of History” or “God of

History” for “Divine Providence” – because the substitute connoted active involvement of God in the affairs of men

o It was rejected because it can be misunderstood as the acceptance of the Marxist concept of history being the only God

- “Almighty God” was chosen as being more personal than “Divine Providence” and more consonant with Filipino religiosity

- Aid is a more encompassing term than guidance

in order to build a just and humane society,- Adds a notion that a constitution not merely sets up a government but is also an

instrument for building the larger society of which the government is merely a part of

and establish a government that shall embody or ideals and aspirations,- The committee added the more dynamic word “aspirations” to the passive sounding

“ideals”

promote the common good,- Common good: project an idea of social order that enables every citizen to attain his or

her fullest development economically, politically, culturally, and spirituallyo The phrase “general welfare” was rejected because it could be interpreted as

the greatest good for the greatest number even if what the greater number wants does violence to human dignity

- The phrase “common good” would guarantee that mob rule would not prevail and that the majority will not persecute the minority

Page 2: Preamble.docx

conserve and develop our patrimony,- The constitutional commission tried to replace the 1935 and 1973’s “conserve and

develop” with “enhance” but it yielded to the former.

and secure to ourselves and our patrimony the blessings or independence and democracy

- The committee proposed to put “participatory democracy” but participatory was deleted as being tautological

- The 1935 text stated that one of the objects of promulgation was “to secure to themselves and their posterity the blessings of independence” thus suggesting that independence was merely an aspiration and not yet a possession of the Filipino people

o To remove this anachronistic suggestion, the 1973 Constitution speaks of “blessings of democracy”

under the rule of law,- The committee wanted to substitute rule of regime (on the next sentence), but it was

rejected.o Instead, the phrase “rule of law” was inserted

and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this constitution.

- Love: was introduced to serve as monument to the love that prevented bloodshed in the February Revolution of 1986

- Truth: protest against the deception characterizing the Marcos regime- Enumeration (truth, justice, freedom, love, equality, and peace) captures a stream in

Catholic thought which sees peace as the fruit of the convergence of truth, justice, freedom, and love