Constitution:

The Fundamental Law

By Jong Azores

MPM

The State The State, is a community of persons more or less numerous, permanently occupying a definite portion of territory, independent of external control, possessing an organized government to which the general body of inhabitants render habitual obedience (Garner, W. J.). The elements of the state are:

1. Community of persons – The Filipinos

2. Territory – The Philippines

3. Independent – Since declared on 12 June 1898 4. Government - presidential with 3 coequal

branches: executive, legislative, and judiciary

The Constitution A constitution may be defined as a written instrument by which the fundamental powers of the government are established, limited and defined, and by which these powers are distributed among several departments for their safe and useful exercise for the benefit of the body politic. (Ricardo S. Lazo, Jr.: Phlippine Governance & 1987 Constitution)

The Constitution of the Philippines (Saligang Batas ng Pilipinas) is the fundamental law of the Philippines; it is supreme among all the laws.

FUNDAMENTAL + LAW FUNDAMENTAL a : serving as an original or

generating source : primary . b : serving as a basis

supporting existence or determining essential

structure or function : basic (Merriam-Webster).

LAW: the system of rules which a particular country

or community recognizes as regulating the actions

of its members and which it may enforce by the

imposition of penalties (Oxford Dictionaries)

As the fundamental law of the land, the

constitution becomes the supreme law from which

all existing laws must conform. The constitution is

the legitimate source of power and control of a

government.

The Constitution: Is it important? The constitution

is the organic law that serves as the peoples’ shelter from

chaos, abuses, and injustices by lawless elements of society.

sets an “order” where people cooperate with the duly

constituted authority of the state; exercising their rights as

provided in the constitution, observing their limitations responsibly with due regard to the rights of other individuals in

particular, and the State in general.

governs the conduct and affairs of the government, the

people, and the relationship of individuals with other legal entities be it public or private.

is binding to all citizens and persons in a State, and all organs

of government.

is the embodiment of the sovereign will that binds peoples’ differences and diverse beliefs into one coherent mechanism

of state control.

Recent “Constitutional” Issues

“Department Circular No. 41

issued by the DOJ which is not a

law enacted by Congress restricts

the right to travel, is, on its face,

void for being in violation of the

Constitution" - Estelito Mendoza

Chief Justice Corona

claimed that his impeachment was

unconstitutional and was

an abuse of executive

power in connivance

with the legislature

The Constitutions of the

Philippines

1. 1899 Constitution (The Malolos

Constitution)

2. 1935 Constitution

3. 1943 Constitution (Constitution During the

Japanese Occupation)

4. 1973 Constitution

5. 1986 Provisional "Freedom" Constitution

6. 1987 Constitution (Present Constitution)

We the people are the

rightful masters of both

Congress and the courts, not

to overthrow the Constitution

but to overthrow the men

who pervert the Constitution.

Abraham Lincoln