CONSTITUTION DEFINED
A Constitution is that body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised [Cooley, Constitutional Limitations, p. 4]
That Written instrument enacted by direct participation of the people by which 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. [Malcolm, Philippine Constitutional Law, p. 6]
PURPOSE
To prescribe the permanent framework of a system of government, to assign to the several departments their respective powers and duties, and to establish certain first principles on which the government is founded.
CLASSIFICATION
WRITTEN OR UNWRITTEN
¡ A written constitution is one whose precepts are embodied in one single document or set of documents
¡ An unwritten constitution consists of rules which have not been integrated into a single, concrete form but are scattered in various sources
¡ ENACTED (CONVENTIONAL) OR EVOLVED (CUMULATIVE)
¡ A conventional constitution is enacted, formally struck off at a definite time and place following a conscious or deliberate effort taken by a constituent body or ruler
¡ A cumulative constitution is the result of political evolution, not inaugurated at any specific time but changing by accretion rather than by any systematic method
RIGID OR FLEXIBLE
¡ A rigid constitution is one that can be amended only by a formal and usually difficult process
¡ A flexible constitution is one that can be changed by ordinary legislation
A BRIEF HISTORY OF THE CONSTITUTION
1. THE MALOLOS CONSTITUTION
The Philippine Revolution of 1896
Proclamation of Philippine Independence, at Kawit, Cavite on June 12, 1898.
Revolutionary Congress convention: September 15, 1898
President Emilio Aguinaldo’s approval on December 23 1898
Ratification by the Congress on January 20, 1899
Promulgated: January 21, 1899
2. THE AMERICAN REGIME AND THE ORGANIC ACTS
Treaty of Paris: December 10, 1898
US President Mckinley’s Instruction of April 7, 1900
The Spooner Ammendment: March 2, 1901
The Philippine Bill of July 1, 1902
The Jones Law (Philippine Autonomy Act) of August 29, 1916.
The Tydings-McDuffie Act of March 24, 1934
3. THE 1935 CONSTITUTION
Philippine Legislature Act No. 4125
Election of Delegates to the Constitutional Convention and Inauguration
Approval of the draft on February 8, 1935
¡ Washington DC: March 18, 1935
¡ Certified by US President Roosevelt on March 23, 1935
Ratification: May 14, 1935
Amendments
¡ 1939
¡ 1940
¡ 1947
4. THE JAPANESE OCCUPATION
The occupation of Manila on January 2, 1942
Organization of the Philippines Executive Commission on January 23, 1942
Executive Orders Nos. 1 and 4 in 1942
Inauguration of the second Philippine Republic on October 14, 1943
¡ Jose P. Laurel served as the President
5. THE 1973 CONSTITUTION
Resolution of both houses (RBH) No. 2 was passed on March 16, 1967, calling for a Constitutional Convention to revise the 1935 Constitution
Republic Act No. 6132: Constitutional Convention Act of 1970
Election of Delegates: November 10, 1970
Inauguration on June 1, 1971
Declaration of Martial Law: September 21, 1972
Approval of the Draft: November 29, 1972
November 30, 1972 - President Marcos’ decree setting the plebiscite on January 15, 1973
Postponement of Plebiscite: December 23, 1972
Presidential Decree No. 86: December 31, 1972
Organization of the Citizen Assemblies
PD No. 86-A – Citizens Assemblies meeting on January 10 – 15, 1973
Presidential Proclamation No. 1102: January 17, 1973
Ratification of the new Constitution by the Citizens Assemblies
Amendments
1976
1980
1981
1984
Snap presidential election of 1986
EDSA I – People’s Revolution: February 22 – 25, 1986
THE 1987 CONSTITUTION
1. PROCLAMATION OF THE FREEDOM CONSTITUTION
Proclamation No. 1: February 25, 1986
¡ President Corazon Aquino announced that she and Vice President Laurel were assuming power
Proclamation No.3: March 25, 1986
¡ Promulgation of the Freedom Constitution
¡ Calling of a Constitutional Commission
2. ADOPTION OF THE CONSTITUTION
Proclamation No. 9, creating the Constitutional Commission of 50 members
Approval of the draft Constitution by the Constitutional Commission: October 15, 1986
Plebiscite: February 2, 1987
Proclamation No. 58
¡ Ratification of the Constitution
Effectivity of the 1987 Constitution
¡ February 2, 1987, the date of the plebiscite when the people ratified the Constitution [De Leon v. Esguerra, 153 SCRA 602]
Thursday, January 7, 2010
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.