How was the constitution framed
The Malolos Constitution, the first Philippine Constitution—the first republican constitution in Asia—was
drafted and adopted by the First Philippine Republic, which lasted from 1899 to 1901.
In 1934, the United States Congress passed the Philippine Independence Act, which set the parameters
for the creation of a constitution for the Philippines. The Act mandated the Philippine Legislature to call
for an election of delegates to a Constitutional Convention to draft a Constitution for the Philippines.
The 1934 Constitutional Convention finished its work on February 8, 1935. The Constitution was
submitted to the President of the United States for certification on March 25, 1935. It was in accordance
with the Philippine Independence Act of 1934. The 1935 Constitution was ratified by the Filipino people
through a national plebiscite, on May 14, 1935 and came into full force and effect on November 15,
1935 with the inauguration of the Commonwealth of the Philippines. Among its provisions was that it
would remain the constitution of the Republic of the Philippines once independence was granted on July
4, 1946.
During World War II the Japanese-sponsored government nullified the 1935 Constitution and appointed
Preparatory Committee on Philippine Independence to replace it. The 1943 Constitution was used by
the Second Republic with Jose P. Laurel as President.
Upon the liberation of the Philippines in 1945, the 1935 Constitution came back into effect.
1973 Constitution, which was enforced during the Marcos regime under martial law.
On 1986 as a result of people power, Pres Cory proclaimed the Freedom Constitution to be effective
pending the adoption of the 1987 Constitution.
Pres. Cory created a Constitutional Convention composed of 50 members appointed by her and charged
them to framed a new charter. The 1987 Constitution was ratified on the plebiscite that was held on Feb
2, 1987.
Can the state be sued
ART 16 Sec 3: The State CANNOT be sued without its consent
Forms of Consent:
Expressly – Through general or special law
Impliedly – When State itself commences litigation or enters into a contract
Municipal corporations, for example, like provinces and cities, are agencies of the State when they are
engaged in governmental functions and therefore should enjoy the sovereign immunity from suit.
Nevertheless, they are subject to suit even in the performance of such functions because their charter
provided that they can sue and be sued. (Cruz, Philippine Political Law, 1987 Edition, p. 39)
A distinction should first be made between suability and liability. "Suability depends on the consent of
the state to be sued, liability on the applicable law and the established facts. The circumstance that a
state is suable does not necessarily mean that it is liable; on the other hand, it can never be held liable if
it does not first consent to be sued. Liability is not conceded by the mere fact that the state has allowed
itself to be sued. When the state does waive its sovereign immunity, it is only giving the plaintiff the
chance to prove, if it can, that the defendant is liable." (United States of America vs. Guinto, supra, p.
659-660)
It has already been remarked that municipal corporations are suable because their charters grant them
the competence to sue and be sued. Nevertheless, they are generally not liable for torts committed by
them in the discharge of governmental functions and can be held answerable only if it can be shown
that they were acting in a proprietary capacity. In permitting such entities to be sued, the State merely
gives the claimant the right to show that the defendant was not acting in its governmental capacity
when the injury was committed or that the case comes under the exceptions recognized by law. Failing
this, the claimant cannot recover.
ARTICLE XVII
AMENDMENTS OR REVISIONS
Section 1. Any amendment to, or revision of, this Constitution may be proposed
by:chanroblesvirtuallawlibrary
(1) The Congress, upon a vote of three-fourths of all its Members; or
(2) A constitutional convention.
Section 2. Amendments to this Constitution may likewise be directly proposed by the people through
initiative upon a petition of at least twelve per centum of the total number of registered voters, of which
every legislative district must be represented by at least three per centum of the registered voters
therein. No amendment under this section shall be authorized within five years following the ratification
of this Constitution nor oftener than once every five years thereafter.
The Congress shall provide for the implementation of the exercise of this right.cralaw:red
Section 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention,
or by a majority vote of all its Members, submit to the electorate the question of calling such a
convention.cralaw:red
Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid
when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days
nor later than ninety days after the approval of such amendment or revision.cralaw:red
Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a
plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification
by the Commission on Elections of the sufficiency of the petition.