Philippine Constitution: Preamble ● Preamble - 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. Meaning of the Preamble - To walk before - It is the introduction to the main subject. The prologue of the Constitution. Preamble not essential in a Constitution - Has no integral part of our Constitution. - It cannot be invoked as a source of private right enforceable by the courts or of any governmental power not expressly granted or at least, clearly implied therefrom. Object and Value of Preamble 1. Sets down origin and purposes of the Constitution - Broad outline of, and the spirit behind, the Constitution It serves two (2) very important ends: a. It tells us who are the authors of the Constitution and for whom it has been promulgated; b. It states the general purposes which are intended to be achieved by the Constitution. 2. May serve as an aid in its interpretation. . Source of Constitution’s authority 1. The Filipino people - We, the sovereign Filipino people, imploring the aid of Almighty God x x x, do ordain and promulgate this Constitution. - “Filipino people” to signify their oneness and solidarity. - It is different from the term “people of the Philippines” which may refer to the entire body of inhabitants, a mere “aggrupation”of individuals, including aliens. 2. A sovereign people - The Constitution calls the Filipino people “sovereign”. - First person approach consisting of the use of the pronouns “we” and “our” has also been retained instead of the impersonal third person approach. Belief in God is stressed - Form of a collective prayer - Filipinos are intensely religious people. - In imploring the aid of “Almighty God,” they declare and affirm their belief in the existence of a Supreme being. -God over the affairs of nations and all human beings. - They acknowledge God as the source of their authority. - The Philippines is the only predominantly Christian and partly Muslim nation in Asia and the East Pacific Region. National purposes and aims in adopting the Constitution As set forth in the Preamble, they are: 1. To build a just and humane society; and 2. To establish a Government that shall: a. Embody our ideals and aspirations; b. Promote the common good; Attainment of the constitutional goals 1. Root causes of our present problems. - To be sure, every administration has been responsible, one way or another, for the slow progress of our country. - A simple analysis will reveal that the root causes of our country's problems can be traced to a large extent to the government machinery itself -graft and corruption, excessive partisan politics, blunders in economic policies, and mismanagement, among others. 2. Government envisioned by the Constitution. Two (2) Goals: 1. To build the kind of society and to establish the kind of government set forth in the Preamble 2. Only if the government actually established is of the character envisioned by the Constitution. a. That government must be democratic. b. That government must be administered by honest, competent and dedicated men and women. c. That government must be responsive to the people's needs and expectations. 3. Single biggest factor for national solidarity. - Single biggest factor for national solidarity for it commands the respect and confidence of the citizens in its integrity and competence and, therefore, can readily secure their support and cooperation behind great undertakings and, in times of grave crises, count on their loyalty and patriotism to make sacrifices, and if need be, to defend it and the democratic ideals and values. (e.g., rule of law, respect for human dignity, freedom, equality) 4. Key to a successful democracy - Can we overcome whatever difficulties and meet whatever challenges that we face today and may confront us in the future. - Succeeding generations a vibrant democracy that can withstand the toughest test of events and assure a life of prosperity and progress, justice and dignity for all, especially the poor and the less privileged in our society who up to now constitute the vast majority of “the sovereign Filipino people” Changes in the Preamble 1. 75 words, is one of the world's longest preambles. 2. Almighty God replaced “Divine Providence.” 3. Common good is used to refer to all the people in place of general welfare.” a. To build a just and humane society b. Aspirations - Unrealized dreams of the nation as distinguished from “ideals” which refer to accepted norms and sentiments. c. Love - Directive principle of the Preamble together with truth, justice, freedom, equality and peace. - It is love that drives us to be loyal and self-sacrificing and to care deeply. 4. Peace and equality were inserted in the 1973 Constitution in view of the turbulence, and the waves of protest against “basic economic and social inequalities”; a. “Equality” signifies is already embodied in the term “democracy,” it was deemed imperative that emphasis should continue to be made in the new Charter of the egalitarian objectives of our society. b. The Preamble is speaking of domestic peace and it exists not merely when there is absence of armed conflicts, hostilities or lawlessness. - “Peace” should be understood more in its positive sense, meaning the presence and primacy of law, order and justice, which after all are the very foundation as well. Philippine Constitution: Constitution Political Law Definition of Political Law ● Branch of public law which deals with the organization and operation of the governmental organs of the state and defines the relations of the state with the inhabitants of its territory. ● Public law is understood as dealing with matters affecting the state, the act of state agencies, the protection of state interests. ○ As thus conceived, public law consists of political law, criminal law and public international law. ● Private law deals with the regulation of the conduct of private individuals in their relation with one another. ○ Private law includes civil and commercial law. Subdivisions of Political Law 1. Law of Public Administration 2. Constitutional Law 3. Administrative Law 4. Law of Public Corporations 5. Election Law Basis of Philippine Political Law ● The principles of government and political law of the Philippines are fundamentally derived from American jurisprudence. This condition was the inevitable outcome of the establishment of American rule in the Philippines. When Spain ceded the Phils. to the US, the Spanish Political laws were automatically displaced by those of the US. Definition of the Constitution ● Comprehensive Definition: That body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. (Cooley) ● American sense: A constitution is a written instrument by which the fundamental powers of government are established, limited, and defined and by which these powers are distributed among several departments, for their more safe and useful exercise, for the benefit of the body politic. (Justice Miller quoted by Bernas) ● With particular reference to the Philippine Constitution: That 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 several departments for their safe and useful exercise for the benefit of the body politic. (Malcolm, Philippine Constitutional Law, p. 6) Concept of Constitution ● In its broad sense, the term constitution refers to “that body of rules and principles in accordance with which the powers of sovereignty are regularly exercised. As thus defined, it covers both written and unwritten constitutions. ● It may be defined as the written instrument by which the fundamental powers of the government are established, limited, and defined and by which these powers are distributed among the several departments or branches for their safe and useful exercise for the benefit of the people. Nature and Purpose or Function of Constitution ● Doctrine of Constitutional Supremacy: Serves as the supreme of the fundamental law – a constitution is the charter creating the government. It has the status of a supreme or fundamental law as it speaks for the entire people from whom it derives its claim to obedience. ● The constitution is binding on all individual citizens and all organs of the government in the hierarchy of laws. ● It is the law to which all other laws must conform. ● Establishes basic framework and underlying principles of government – organic or basic law being or relating to the law by virtue of which the government exists as such. ● Purpose is to prescribe the permanent framework of government. ● System of the government and to assign to the different departments or branches, their respective powers and duties, and to establish certain basic principles on which the government is founded Philosophical View of the Constitution ● The Constitution is a social contract. (Marcos v. Manglapus) ● Viewed in the light of the Social Contract Theories, the Constitution may be considered as the Social Contract itself in the sense that it is the very basis of the decision to constitute a civil society or State, breathing life to its juridical existence, laying down the framework by which it is to be governed, enumerating and limiting its powers and declaring certain fundamental rights and principles to be inviolable. ● The Constitution as a political document may be considered as the concrete manifestation or expression of the Social Contract or the decision to abandon the ‘state of nature’ and organize and found a civil society or State. Meaning of Constitutional Law ● Constitutional law may be defined as that branch of public law (see A, supra.) which treats the constitution, their nature, formation, amendment, and interpretation. ● It refers to the law embodied in the constitution as well as the principle growing out of the interpretation and application made by the court. ● Thus, the Philippine constitution itself is brief but the law of constitution lies scattered in thousands of Supreme Court decisions. Advantage and Disadvantages of a Written Constitution ● It has the advantage of clearness and definiteness. ● Its disadvantages lie in the difficulty of its amendment. This prevents the immediate introduction of needed changes and may thereby retard the healthy growth and progress of the state. Requisites of good written constitution ● As to form, a good written constitution should be: ○ Brief - because if the constitution is too detailed, it would lose the advantage of a fundamental law which in a few provisions outlines the structure of the government of the whole state and the rights of the citizens. ○ Broad – because the statement of the powers and functions of government, and of the relations between the governing body and governed, requires that it be as comprehensive as possible ○ Definite – because otherwise the application of its provisions to concrete situations may prove unduly difficult if not possible. ● As to contents ○ Dealing with the framework of government and its powers, defining the electorate. ○ That setting forth the fundamental rights of the people and imposing certain limitations on the power of the government as the means of securing the enjoyment of these rights. ○ That pointing out the mode or procedure for amending or revising the constitution. This group has been called the constitution of sovereignty. Constitution distinguished from statute ● A constitution is a legislation direct from the people, while a statue is a legislation from the people’s representatives; ● A constitution merely states the general framework of the law, while a statute provides the details of the subject of which it treats; ● A constitution is intended not merely to meet existing conditions but to govern the future, while a statue is intended primarily to meet existing conditions only; ● A constitution is the supreme or fundamental law of the State to which statues and all other laws must be conform. Authority to interpret the Constitution ● Private individual in order to govern his own actions and guide him with his dealings with other persons. ● Only those charged with official duties, whether executive, legislative, or judicial, can give authoritative interpretation of the Constitution. ● Function primarily belongs to the courts whose final decisions are binding on all departments or organs of the government, including the legislature. ● There are, however, constitutional questions (i.e., political questions) which under the Constitution are addressed to the discretion of the other departments, therefore, beyond the power of the judiciary to decide. Purpose in interpreting the Constitution - The fundamental purpose in construing constitutional provisions is to ascertain and give effect to the intent of the framers of the people who adopted or approved it or its amendments. Exp: The primary goal when interpreting constitutional provisions is to understand and uphold the original intentions of the framers or those who ratified the constitution and its amendments. This means that the aim is to determine what the individuals who created or approved the constitution intended it to mean. By doing so, it ensures that the constitution remains a reliable and consistent foundation for the legal and governmental framework of a nation. Why would a society generally committed to majority rule choose to be governed by a document that is difficult to change? ● To prevent tyranny of the majority ● Society’s attempt to protect itself from itself. ● Protecting long term values form short term passions. Concepts attached to the Constitution Republicanism ● The essence of republicanism is representation and renovation ● Selection by the citizenry of a corps of public functionaries who derive their mandate from the people and act on their behalf ● Serving for a limited period only, after which they are replaced or retained at the option of their principal. Principle of Separation of Powers ● Division and Assignment: Its starting point is the assumption of the division of the functions of the government into three distinct classes—the executive, the legislative and the judicial. Its essence consists in the assignment of each class of functions to one of the three organs of government. ● Essence: legislation belongs to Congress, execution to the executive, settlement of legal controversies to the judiciary. Each is prevented from invading the domain of others. (Bernas, Commentary 656, 2003 ed.) ● Theory: The theory is that “a power definitely assigned by the Constitution to one department can neither be surrendered nor delegated by that department, nor vested by statute in another department or agency. ● Reason: The underlying reason of this principle is the assumption that arbitrary rule and abuse of authority would inevitably result from the concentration of the three powers of government in the same person, body of persons or organ. ● ● ● ● More specifically, according to Justice Laurel, the doctrine of separation of powers is intended to: ○ Secure action ○ To forestall overaction ○ To prevent despotism ○ To obtain efficiency History: Separation of powers became the pith and core of the American system of government largely through the influence of the French political writer Montesquieu. By the establishment of American sovereignty in the Philippines, the principle was introduced as an inseparable feature of the governmental system organized by the United States in this country. Checks and Balances ○ The Constitution fixes certain limits on the independence of each department. In order that these limits may be observed, the Constitution gives each department certain powers by which it may definitely restrain the other from exceeding their authority. A system of checks and balances is thus formed. To our the system of checks and balances, the Constitution provides: 1. The acts of the legislative department have to be presented to the executive for approval or disapproval. 2. The executive department may veto the acts of the legislature if in its judgment they are not in conformity with the Constitution or are detrimental to the interests of the people. 3. The courts are authorized to determine the validity of legislative measures or executive acts. 4. Through its pardoning power, the executive may modify or set aside the judgments of the courts. 5. The legislature may pass laws that in effect amend or completely revoke decisions of the courts if in its judgment they are not in harmony with its intention or policy which is not contrary to the Constitution. 6. The President must obtain the concurrence of Congress to complete certain significant acts. 7. Money can be released from the treasury only by authority of Congress. Judicial Review ● Definition: Judicial review refers to the power of the courts to test the validity of governmental acts in light of their conformity with a higher norm (e.g. the constitution). ● Expression of Constitutional Supremacy ○ Judicial review is not an assertion of superiority by the courts over the other departments, but merely an expression of the supremacy of the Constitution. ○ Constitutional supremacy produced judicial review, which in turn led to the accepted role of the Court as “the ultimate interpreter of the Constitution Judicial Review in the Philippine Constitution ● Unlike the US Constitution which does not provide for the exercise of judicial review by their Supreme Court, the Philippine Constitution expressly recognizes judicial review in Section 5 (2) (a) and (b) of Article VIII of the Constitution. (More discussion of Judicial Review under Article VIII) Due Process ● Origin: “no man shall be taken, imprisoned or disseized or outlawed, or in any manner destroyed; nor shall we go upon him, nor send him, but by the lawful judgment of his peers or by the law of the land.” ● “No man, of what state or condition whoever be, shall be put out of his lands, or tenements, nor taken, nor imprisoned, nor indicted, nor put to death, without he be brought in to answer by due process of law.” ● Due process is a guaranty against arbitrariness on the part of the government. Observance of both substantive and procedural rights is equally guaranteed by due process. (More discussion of Due Process under Article III) ● Embodiment of the sporting idea of fair play. It is the responsiveness to the supremacy of reason, obedience, to the dictates of justice. ● Manifested in Article III, Section 1 of the 1987 Constitution.
