A COMIC BOOK ABOUT

The Philippine Constitution MARY JANINE CUEVAS Electrical Engineering Department EE - 1101

Recitation Day

Good day Mrs. Enrico!

Are youGood guysday ready Mrs. Canedo! for the recitation?

Good day, class. I hope you are all prepared for our recitation regarding our topic from last week, the Philippine Constitution.

Ms. Cadano, can you give me a brief definition of a constitution?

Good. For the next question, Mr. Amando, what are the purposes of the constitution?

Well said Mr. Amando.

A constitution is the fundamental law of a nation or state. It establishes the character and basic principles of the government. A constitution is also described as “the highest expression of the law.”

1. It prescribes the framework of the system or the kind of government that will exist in the state. 2. It creates the different departments and specifies their respective functions and duties. 3. It is the source of the sovereign powers of a government by establishing the fixed, first or basic principles on which the government is founded. 4. It promotes public welfare, which involves the safety, prosperity, health, and happiness of the people.

Let us now move on to the classifications of a constitution.

As we have discussed, a constitution can be classified as written and unwritten.

Ms. Orense, differentiate written and unwritten constitution.

A written constitution is one in which most of its provisions are embodied in a single formal written instrument or instruments. On the other hand, an unwritten constitution is one which is entirely the product of political evolution, consisting largely of a mass of customs, usages and judicial decisions together with a smaller body of statutory enactments of a fundamental character, usually bearing different dates.

Now Ms. Ebreo, differentiate cumulative or evolved from conventional or enacted constitution.

The last classification is rigid and flexible. Ms. Yema, differentiate these two.

We also tackled that a constitution can also be classified as cumulative or evolved from conventional or enacted constitution.

A constitution is cumulative or evolved when it has its origin mainly in custom, common law principles; decisions of courts. It has no formal starting point, is not struck off at a specific date, and it changes by slow gradual accretion rather than by formal legal process. On the other hand, a conventional or enacted is one, which has been formulated usually by a constitutional assembly or promulgated by the King. It is struck-off at a definite time and place.

A rigid constitution is one that can be amended only by a formal and usually difficult process, while a flexible is one that can be altered by the same body that makes ordinary laws of the state. Examples of a rigid constitution are those of the Philippines and United States, while flexible constitution includes those of Great Britain, Hungary, Italy, and Spain.

Very good Ms. Yema

For my last question about classifications of a constitution, what are the classifications of the 1987 Constitution of the Philippines?

The 1987 Constitution of the Philippines is classified as written, conventional/ enacted and rigid constitution.

Ms. Garcia

Very good Ms. Garcia. I must say I am impressed.

Let us now proceed to the next set of questions.

Mr. Harina, what are the essential qualities of good written constitution?

A good written constitution must be broad, brief, and definite. It is broad in the sense that it outlines an organization of the government for the whole state. Brief, because its nature requires that only its great outline should be marked, its important objects designated, and the minor ingredients which composed those objects be deduced from the nature of the objects themselves. Definite, since any vagueness resulting from the opposing interpretation of the Constitutional provisions may cause incalculable harm and chaos to the nation

• Constitution of Government describes the framework of government and its power; and also defines the electorate. •

Constitution of Liberty enumerates the fundamental rights of the people guaranteed under the constitution. • Constitution of Sovereignty indicates the manner of amending or revising the constitution.

Very well said Mr. Harina.

Now my last question for this topic, enumerate and define the parts of the Philippine Constitution.

Mr. Umali.

Very well said Mr. Umali

Let us now move on to the Metamorphosis of the Philippine Constitution.

Enumerate the seven Philippine Constitutions were framed in our history

Ms. Cadano

• The 1897 Constitution of Biak-na-Bato • The 1899 Malolos Constitution (1899-1901) • The 1935 Constitution and the Commonwealth Government • The Japanese Occupation and the Second Philippine Republic (1943 Constitution) • The 1973 Constitution and the Marcos Dictatorship • The Freedom Constitution (1986) • The 1987 Constitution

• Article I - National Territory • Article II - Declaration of Principles and State Policies • Article III - Bill of Rights • Article IV - Citizenship • Article V - Suffrage • Article VI - Legislative Department • Article VII - Executive Department • Article VIII - Judicial Department • Article IX - Constitutional Commission • Article X - Local Government • Article XI - Accountability of Public Officers • Article XII - National Economy and Patrimony • Article XIII - Social Justice and Human Rights • Article XIV - Education, Science and Technology and Arts • Article XV - The Family • Article XVI - General Provisions • Article XVII - Amendments and Revision • Article XVIII - Transitory Provisions

Very good Ms. Cadano.

We tackled that the 1987 Constitution consists of 18 articles with a preamble.

Ms. Orense, what are the first nine articles?

Mr. Amando, carry on with the remaining nine articles.

Very good.

For our last topic, the parts of the 1987 Constitution.

It consist of three parts: constitution of government, liberty, and sovereignty.

Ms. Ebreo, what can you say about the constitution of government?

The present Constitution established a representative democracy or a presidential form of government acknowledging the civilian authority as supreme over the military. Its prime duty is to serve and protect the people. It also restored the Bicameral Congress of the Philippines.

Good. Ms. Yema, tell me more about legislative department.

The 1987 Constitution provided for a tripartite system of government, i.e., the Legislative, Executive, and the Judiciary.

Legislative department is a branch of government that has the power to pass, amend, and repeal laws. The legislative power is conferred upon Congress, i.e., House of Representatives and the Philippine Senate, except to the extent reserve to the people by the provision on initiative and referendum. The House of Senate and the House of Representatives is under this department.

This is another branch of government charged with the execution and enforcement of laws and policies and the administration of public affairs. This executive branch of government is composed of the following;

Very good.

Ms. Garcia, what is the executive department?

Very good Ms. Garcia.

For the last department under the Constitution of Government,

2.1 The President 2.2 The Vice – President 2.3 The Cabinet 2.4 The Local Government Mr. Umali, what is the judicial department?

This is the branch of government charged with the interpretation of laws and the administration of justice. Judicial power is vested in the Supreme Court and other lower courts established by law. The judiciary has the duty to settle actual controversies involving rights, which are legally demandable and enforceable. This judicial branch of the government is composed of the following courts; 3.1 Supreme Court 3.2. The Court of Appeals 3.3. The Court of Tax Appeals 3.4 The Sandiganbayan 3.5. The Trial Courts of the First and the Second Level

Now, for the second part, the constitution of liberty.

Mr. Harina, what can you say about it?

Good job Mr. Harina.

For the last question today, what can you say about the Constitution of Sovereignty? Ms. Cadano.

Very well said Mr. Umali

There are 22 sections under this Article III of the 1987 Constitution otherwise known as The Bill of Rights. It enumerates the fundamental rights of the Filipino people. It sets the limits to the government’s power which proves to be not absolute. Among the rights of the people are freedoms of speech, assembly, religion, and the press. An important feature here is the suspension of the writ of habeas corpus which have three available grounds such as invasion, insurrection, and rebellion.

Sovereignty is the quality of having independent authority over a geographic area, such as a territory. Sovereignty may be internal (power of the State to control and govern its people) or external (freedom of a State from external control). By virtue of this sovereignty, that power to amend or revise the 1987 Constitution is thereby vested on the Congress upon a vote of three-fourths of all its members; or through a constitutional convention.

It seems that you studied well for this recitation.

Congratulations to everyone for a job well done. I hope that all of you understood our lesson about the Philippine Constitution.

Good bye, everyone. God bless, keep safe, and enjoy the rest of the day.

A COMIC BOOK ABOUT

The Philippine Constitution MARY JANINE CUEVAS Electrical Engineering Department EE - 1101