Presentation1
- 2. Definition Constitution—the document which serves as the fundamental law of the State; that body of rules and maxims in accordance with which the power of sovereignty are habitually exercised. 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 the several departments for their safe and useful exercise for the benefit of the body politic. Constitution
- 3.
- 4.
- 5. 1. Broad; 2. Brief; and 3. Definite.
- 6. Constitution of Liberty -sets forth the fundamental civil and political rights of the citizens and imposes limitations on the powers of the government as a means of securing the enjoyment of those rights. e.g. Bill of Rights Constitution of Government -outlines the organization of the government, enumerates its powers, lays down certain rules relative to its administration and defines the electorate. e.g. Legislative, Executive and Judicial Departments, Constitutional Commissions
- 7. Constitution of Sovereignty the provisions pointing out the mode or procedure in accordance with which formal changes in the fundamental law may be brought about. e.g. Art. XVII-Amendments or Revisions Verba Legis— whenever possible, the words used in the Constitution must be given their ordinary meaning except where technical terms are employed. When there is Ambiguity—ratio legis et anima— A doubtful provision shall be examined in the light of the history of the times and the conditions and circumstances under which the Constitution was framed. (Civil Liberties Union vs. Executive Secretary, 194 SCRA 317) Ut magis valeat quam pereat— the Constitution has to be interpreted as a whole. (Francisco vs. HR, G.R. No. 160261, November 10, 2003)
- 8. 1. 1987 Constitution 2. 1973 and 1935 Constitutions 3. Organic laws made to apply to the Philippines— a. Philippine Bill of 1902 b. Jones Law of 1916 c. Tydings-McDuffie Law of 1934 4. Statutes, executive orders and decrees, and judicial decisions 5. US Constitution
- 9. We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. Preamble
- 10. The Preamble is not a source of power or right for any department of government. It sets down the origin, scope, and purpose of the Constitution. It bears witness to the fact that the Constitution is the manifestation of the sovereign will of the Filipino people. The identification of the Filipino people as the author of the constitution calls attention to an important principle: that the document is not just the work of representatives of the people but of the people themselves who put their mark approval by ratifying it in a plebiscite. (Note:) 1. It does not confer rights nor impose duties. 2. Indicates authorship of the Constitution; enumerates the primary aims and aspirations of the framers; and serves as an aid in the construction of the Constitution.
- 11. 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 submarines 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. Article I (National Territory)
- 12.
- 13.