2010 Constitutional Law 1, June 10 session

First Session

June 10, 2010

Reflection and Diagnostics

Readings:

1987 Constitution of the Republic of the Philippines

Writing assignment:  

All students enrolled in this course should submit no later than Thursday, June 10, 2010, 9:00 a.m.  (1) an outline of the 1987 Constitution; (2) a two to three page essay responding to all the following questions: 

What is a constitution? How is it different from any other piece of legislation?  How is it similar?

Why is a constitution important?

Must a constitution be “stable” in order to be relevant?  In what senses can a constitution be deemed “stable”?

In what senses can a constitution be deemed unimportant?

Drawing on your knowledge of Philippine history, culture, society and ethnology, does our present constitution reflect what our various societies really need?  Why or why not?

In what way should a constitution be studied? Explain briefly.

The submitted material should reflect the student’s own thinking.  No additional material should be consulted. 

The essays should be printed on Times New Roman 11 point font single spaced, double spaced between paragraphs and with page margins of one inch all throughout.  Submission must be made with the Office of the Dean with the student keeping a copy with the time and date of submission clearly and officially stamped.  Soft copies should be emailed to marvic.leonen@mac.com .  In addition, the essays should be posted at the corresponding page in leonen.typepad.com.

Comments

[Jennifer Castro]

Essay on the Constitution

The Constitution is the supreme law of the land by which the fundamentals of the government and the law are established. It is the general framework of the government and creates a system by which this government complies to. It is created by the people, which means that it is the very people who are subject to it are the same ones who give it authority. It is binding on all the citizens and entities of the government. The Constitution touches on every aspect of human relationships in society, as such it is the most basic yet superior law of the land.

It is different from any other piece of legislation in its superiority. All other pieces of legislation are made to conform and be in accordance to the Constitution. The Constitution is also more general, and in a sense it has a broader scope than regular pieces of legislation. Statutes, for example, go into detail of its subject. However, all laws regulate human interaction in society. They all adhere to the principles of harmony, peace and order in a state. They are given authority by the people who created them.

A Constitution is important because it sets the framework of the government and becomes the core, the very essence of the law of the land. The Constitution is that which every other law adheres to. Lawmaking officials base the ratification and the passing on new laws on the Constitution. As a basis, the existence of a Constitution makes it easier for people to organize themselves as constructive and efficient members of society.

On a global level, a Constitution implies the sovereignty of its citizens. It protects and preserves the rights of individual, as well as compels the individual to do the same for his fellow citizen. This is an important step for a State because it shows its independence and capability to govern.

By “stable”, I take this to mean that a constitution is not changed or amended often. A good mark of a constitution is its ability to reflect and meet the existing context, but also that of the future. It is a necessary trait for it to be relevant for the people because this stability allows for its people to gradually interpret it intricacies. However, I would also say that being stable does not mean it cannot be changed. Amending the constitution is a mark of a progressive state that builds upon old traditions to progress and grow.

Generally, constitution cannot be deemed unimportant because it reflects and makes the basis for the everyday interactions in society. It is an integral part of one’s life as a citizen of a state. The only way it can be deemed unimportant is if its citizens do not follow it. If this happens, then the Constitution would be an insignificant part of one’s life. It does not reflect the ideals, the principles or the identity of its state. It fails to function as a Constitution.

Our present constitution reflects the need of our society because it embodies our ideals. It takes into context significant historical events that have shaped our country. For example, it continuously reasserts the sovereignty of our people. I take this to be an effect of the colonization we have suffered at the hands of Spain, America and Japan. It also takes a very cautious stance on the declaration of martial law and the suspension of the writ of habeas corpus because of what happened during the Marcos era. Furthermore, it takes into account the indigenous communities by protecting their rights to follow their own cultures and traditions. I think it reflects what we need as various communities because it gives each individual the liberties and freedoms one needs to develop as a human person. It promotes the need for an equitable distribution of opportunities, income and wealth. It also promotes growth and productivity for our country. I think that as a general framework for the workings of our country, the Constitution is able to provide the basic necessities we all need to be able to live in harmony.

The study of the Constitution entails a research on the language used and the context in which it was made. In order to distinguish what was really meant by the writers, one has to look into the situations and the needs of the people at that time. One studies the intricacies of the language used. Moreover, the Constitution should be studied not just as a text, but as a basis of cases. It is important to note how its words were interpreted in the real world. The Constitution should be treated with respect since it is the superior law of the land. However, I think the study of it should also include a discussion on what it could be. If nothing is perfect, then there will always be something on which the Constitution could be improved on. It is the duty of present and future lawmakers to be able to give insight on how the Constitution can be made to better suit the people’s needs.

Castro, Jennifer Marie G.
2011-78059
I-D

[Paula Plaza]

Writing Assignment 1
June 16, 2011

The Constitution is a legal instrument that stipulates the guiding principles and primary values of the nation. It is a code of conduct that all citizens must adhere to, it outlines the branches of government and it’s functions, the duties of public officials and institutions and the rights and responsibilities of the citizens. It is the supreme “law of the land”, and thus is stated in general terms. Specific rules are developed such as House Bills and local ordinances to supplement these and attune it to the needs of local governments.

The Constitution is similar to other pieces of legislation in that (i) both must reflect the will of the people, since the Philippines is a republic and democratic state. (ii) Both forms act as guiding principles in relations between citizens, and in relations between people and institutions in commercial and governmental transactions.

It is different from other legislation because of its method of enactment, place in the hierarchy of rules, and its scope. (i) To create a constitution, a Constitutional Convention must be convened, the output must be accepted by a majority of votes in a plebiscite. In contrast, other rules such as House Bills follow a different method of enactment. House Bills are proposed by members of Congress, a debate proceeds and if it gathers a two thirds majority vote and is signed by the President, it is enacted into law. (ii) The Constitution is the supreme law, meaning it sits on the top of the hierarchy of rules. All other pieces of legislation that contradict it are deemed “unconstitutional”. (iii) It is also broader in scope, and addresses crucial areas of public life. It is often criticized for being too vague, but the framers of the Constitution intended this to allow for more flexibility and fairness.

It is important to remember that its development did not occur in a vacuum. The makers were human, and thus subject to the power dynamic and the political affairs at the time of its creation. Despite this limitation, the Constitution is important since it regulates and provides rules that govern social interactions. Norms flow from this and prescribe the appropriate conduct. It is important since it recognizes all citizens and their interests as equal. In any society, we have a large number of social groups and their interests. These are often at odds with each other and the role of government is to strike a balance. It permits one right, but at the same time being careful that it will not encroach or prohibit another right. The Constitution was drafted to address this, because in a political society not all groups are equally capable of articulating and defending their needs. The rule of law takes on this role.

A Constitution is considered stable when it reflects the will of the people and the rules are respected and enforced. It must be “stable” in order to be relevant, so the principles are drafted in terms general enough to address current and future needs brought about by social change. When rules no longer represent an accurate picture of reality and are disregarded, they become rules in form and are no longer important. The makers of the Constitution recognized this, and thus specified a process for making amendments and revisions to it. This is more stable than disregarding the entire body of principles because a few laws are no longer relevant. Small changes can be made without necessarily uprooting the entire foundation.

I think the 1987 Philippine Constitution is still relevant, however there has been much debate in recent years regarding certain provisions. For example, Article X grants Autonomous Regions the power and responsibility of maintaining peace and order within the region. It has been argued that this level of autonomy has been abused, and we have seen the formation of political dynasties and private armies- a violation of Art.2. Another example is the Reproductive Health Bill, there has been much debate since some provisions such as sex education and access to contraception clash with Art.2., Sec 12 of the same Constitution. This issue also raises important questions about our identity and values as a people, considering that majority of our citizens are Roman Catholic and the Church has played an active role in political affairs over the years. Despite the concerns raised and the moves made to amend certain provisions, many of the articles remain relevant and are enforced.

All citizens of appropriate age must study the Constitution. Its study should not be limited to lawyers and those in the legal profession. The Constitution will have the greatest effect if it is taught to lay persons. Their understanding of their rights and responsibilities will empower them and encourage them to assert themselves or seek counsel. Awareness is key.

Students of the Constitution must first read and analyze the text itself. (i) They should pay attention to the nuances of the language, and focus on what it gives attention to and on what areas of public interest it remains mum. (ii) Second, they must go beyond the text and discern the political climate at the time of its creation and the factors that led to its development. For example, the 1987 Constitution was developed after the Marcos era, and many refer to it as the “Freedom Constitution”. The makers were careful to include an article that provided for the creation of a Human Rights Commission. The Commission has visitorial powers over jail and detention centers, and is mandated to investigate claims of human rights abuses. This is important, especially if we take into consideration the past Administration’s record. The Constitution also recognized the role that youth and civil society organizations play in our nation’s development, which is timely, considering their critical participation in the Edsa Revolution. (iii) Lastly, to deepen their understanding of these principles, students may refer to cases and court rulings to see their application in actual situations. Reading jurisprudence will help them appreciate the important role that judges play as “arbiters of justice”. Judges must balance between competing interests of opposing parties, and be careful not to “advance one right to the detriment of others.”

To peacefully coexist, we created governments and institutions that perform essential functions. They created legal instruments such as the Constitution to guide and limit our behavior. The principles must be continuously upheld and reinforced to ensure that public goods are delivered, rights are enjoyed, crimes are resolved and the perpetrators receive appropriate consequences. As citizens it is our duty to learn and perform according to the principles our nation values.

[Bertoldo, Ysabel Victoria M.]

Bertoldo, Ysabel Victoria M.
2007-21660
Law 121 1-D

Thoughts on the 1987 Philippine Constitution

The constitution is the single, most important piece of legislation every nation should have. It is a symbol of a state’s autonomy. It not only describes what powers the government has, but also details on its responsibilities to the people. The constitution also outlines the ideals and aspirations that country has, and offers ways and guidelines to achieve them. It is the basis for every other law that exists in the land. No law contradicting the provisions of the constitution shall be passed. But like any other law, it was drafted and created by the people themselves, meaning it is not static and thus, can be changed, through a people’s initiative, a constitutional assembly or a constitutional convention. In fact, the currently existing constitution has undergone several revisions already, in order to cope with the changing norms and needs of the people.

Therefore, it is undeniable that having a constitution is important. Without it, how will we know what the government is allowed to do and what it is prohibited to do? How will we know if it is already abusing its powers, doing things beyond its limitations? How will we know what rights, as citizens of this country, should be recognized by the state? The absence of a constitution will create an abusive government as well as an ignorant citizenry. No nation will able to be function well without it.

A nation will be able to function well, however, if it has a clear and stable constitution. It will be considered a clear constitution if it has well-written and well-defined provisions, something even a common person would be able to understand, such that even the ordinary citizen will know his/her basic rights and the government’s powers and limitations. A constitution is stable if it doesn’t change too often. While change is inevitable and actually welcome, too much change in a short period of time will simply cause confusion and disarray.

While it the importance of the constitution has been continuously stressed and emphasized throughout this paper, a constitution may be considered unimportant once it is no longer relevant. That is to say, that a constitution that is not suited for the current conditions of a state will no longer be useful and should not even be consulted. For instance, if we did not change our constitution when Marcos finally stepped down from the presidency, then the 1973 constitution would not have been relevant and thus, not important. But perhaps the only purpose it could serve us is the fact that we can use that previous distorted constitution in order to create a better one; to know which provisions should be included and which ones should be removed. Thus, if our country decides to change the structure of its government, the current constitution will be deemed irrelevant and unimportant, and a new constitution will be created.

The constitution constantly changes, albeit not as quickly and as easily as other pieces of legislation. These changes are made once we have realized that the provisions in the constitution no longer suffice the current situation and the needs of the nation. Norms change over time, as people form different perspectives through their interactions with one another. There was once a time when women were not allowed to participate in the government, let alone vote. They struggled for this right and earned it, something reflected in our constitution. This is only one of the many changes introduced to our constitution as it, along with our society, evolves. Important changes in our history make an impact on our constitution. Another, even more blatantly obvious example, is when our country was occupied by another country. This change was reflected by an overhaul of the constitution. During the Japanese occupation, the so-called puppet government created a constitution to suit the needs of the invaders. However, when Japan lost the war and was forced to leave our country, there was a need to completely change the constitution as it no longer served its purpose.

Seeing as the constitution is as dynamic as the events taking place in our country, the constitution should not be studied by itself as a legal document. Along with the provisions written in it, we should also study how these provisions came to be, thus tackling the not only history of the constitution through its various versions and revisions, but also the history of our country itself, for each change in the country’s conditions makes its mark on our constitution. The language, choice of words, and most especially the context of when the constitution was written and who was involved in writing it must be studied as well, for us to better understand the reasoning behind the words that make up our constitution.

[Jedd Brian R. Hernandez]

A constitution is a legal document that defines the principles, values, policies, rules, duties, and structure of a particular country and its government, as well as the rights and privileges entitled to the citizens of said country. It is considered as the highest law of the land and serves as a contract between the State and the people, particularly on what the State should do for the people, and what the people could expect from the government. It could also serve as a blueprint of the organization and operation of the government.

The similarity of a constitution to other pieces of legislation is that it provides rules and policies for the government and the people top follow, and consequences for the failure to do such. Also, the formation of a constitution and the inclusion of amendments are done primarily by legislators. On the other hand, a constitution differs from other legislation in terms of its scope and permanence. Whereas other legislation apply only to selected areas or topics, the provisions in a constitution covers the whole country and a wide range of topics—from national territory to national economy. Compared to other legislation, which tend to be specific and detail-oriented, a constitution is written with a relatively high level of generality. As for permanence, the articles stated in the constitution are kept intact for a long period of time. While other legislation could be amended or revised quite easily, the revision of the rules and policies incorporated in a constitution requires more effort. For example, in the case of the Philippines, it would take a constitutional convention or the three-fourths vote of all the members of Congress to enact a revision to the constitution. This illustrates the durability and solidity of the constitution compared to other legislation. Moreover, as the highest law of the land, the provisions in a constitution are can trump any other piece of contrary legislation.

The importance of a constitution lies on its function of dictating and forming the relationship between the State and the people. As previously mentioned, the constitution lists the policies and responsibilities of the State and the rights of the citizens. For the State, a constitution is crucial to ensure that it is guided accordingly when it comes to the fulfillment of its principles and policies. It also enables the State to perform effectively and efficiently in serving the people. For the citizens, a constitution serves as a guide or reminder of the rights that one can expect the State to uphold and defend. As such, in the case of abuse or negligence of certain rights, a citizen can use the provisions in the constitution to hold the erring parties accountable. A constitution, through a Bill of Rights, protects the well-being of the people. The constitution maintains checks and balances to keep the society organized and to prevent chaos and abuse.

A constitution can be deemed “stable” if it has a strong foundation and can stand the test of time, and if the provisions contained therein are constantly upheld and followed by the State and the people. A “stable” constitution is one that is also comprehensive and complete, and is well-accepted by the people. Also, a “stable” constitution is something that can strictly and effectively be implemented by the State. A constitution must be thorough in laying down the fundamental rules and policies of the country, such that it does not need constant revisions and amendments. “Stability” is important for a constitution to be relevant. A weak, shallow, or “unstable” constitution would not properly address the needs of the society. Moreover, an “unstable” constitution would require constant improvements and revisions, something that would negatively affect its implementation and harm the State’s efficiency and the people’s welfare.

A constitution can be considered unimportant if it does not match the needs of the country, making it irrelevant to the people and the State. Such mismatch could result from incorrect policies or erroneous mechanisms. Also, a constitution could be deemed unimportant if the government in place refuses to follow the provisions provided in the constitution, making it useless and meaningless.

Based on my understanding of the Philippine historical, cultural, and societal scenario, our present constitution has some hits and misses in terms of providing what our societies really need. Generally speaking, the constitution adequately protects the interests of our societies through its numerous provisions. There are sections guaranteeing the rights of the people and promoting development across various fields, from the sports, culture, and sciences to education and the economy. It is noteworthy that our 1987 Constitution even has special provisions for our Muslim brothers in Mindanao and the indigenous tribes in the Cordillera region, as seen in Article 10. This shows that the unique aspects of our culture were taken into consideration when this constitution was created.

On the other hand, the 1987 Constitution is not perfect. Certainly, there are aspects where the constitution is lacking in addressing the needs of our societies. However, I believe that they do not lie on constitution text. Rather, the problem mostly lies on the implementation of the provisions of the constitution. Still, this shows the constitution could still be improved. The fact that, in our country, officials and agencies could get away with unconstitutional acts is what keeps our present constitution from being truly responsive to our needs. Seeing the culture of corruption and abuse of power that our country has yet to eradicate, it can be said that the constitution lacks some mechanisms to eliminate such misdemeanors. Also, some provisions of the constitution could be updated to better address the needs of our societies. An example would be the article on national economy and patrimony. In light of new trends, such as globalization, revising the provisions could better protect the interests of Filipinos.

Studying a constitution requires critical thinking and analysis. This involves reading the provisions and analysing the policies and values that they are trying to forward or uphold. A look into the historical, cultural, or societal context of the policies could help in understanding the said policies. One should question whether these policies or values are still relevant in this time and age. Moreover, a study of the constitution should include an examination on how these policies are upheld. What rules and mechanisms are being implemented to ensure that the goals and values stated in the constitution can be attained? Do the provisions really promote and protect the welfare of all, or at least the majority, of the people? Are there amendments or revisions that would allow the State and the people to observe the intentions of the drafters of the constitution more easily, quickly, and efficiently, given the changing trends and situations? These are the queries that should be taken into consideration when studying the constitution. Given the important role that a constitution holds in a country, its value and role in the society should constantly be evaluated.

Hernandez, Jedd Brian R.
2007-45890
Constitutional Law 1 1-D

[Serzo, Aiken Larisa]

1-D 2015
16 June 2011

The constitution is a set of laws that give shape and form to a country . This is a collection of a state's fundamental principles as to which a state is governed and also reflects the characteristic as well as the direction of policies that would be forwarded. It is a fundamental piece of legislation for the reason that the thrusts and policies contained in a country's constitution would then be the basis for the rest of state's legislation. It reflects a state's past as well as its aspirations for the development of its citizens. But more than its role of giving direction to a country's legislation, the constitution's primary importance lies in its role of constituting the existence of a state. It legitimizes territoriality, national sovereignty and constituency while upholding the rule of law.

All laws, whether those found in the constitution and those that are not, are binding. Yet compared to other pieces of legislation, the constitution is different because of its generality. To use a metaphor, the constitution could be seen as an article's heading while other laws would be the subheadings and the continuing texts. The constitution's comprehensive nature is given depth and detail by the other, more specific laws that are enacted. For example, the constitutional provisions governing accountability of public or government officials is given effect by administrative law. Constitutional provisions upholding the protection of consumers is specified and applied to a situation in commercial law.

Although the constitution serves as the guiding light for a country's other laws, it is not the sole basis of law. Other constitutions don't simply rely on its text but also on traditions and practices. The United Kingdom for example, which does not have a written constitution, relies on its long history of tradition incorporated to its contemporary context. This is significant to note because the development of a state's constitution isn't the product of a single output but is instead a product of a nation's unique history and experience.

Relating this to the question regarding a constitution's stability, the criteria of stability is not a prerequisite for a constitution to be deemed relevant. It can be said that stability refers to a constitution's dexterity and ability to remain unchanging for a long time. But it's ability to be strictly consistent, irregardless of social changes within its territory, does not equate to relevance. The unwillingness of a constitution to adjust in order to fit its setting could be compared to that of a stubborn undergraduate refusing to let go of the security of university life instead of moving on to the next phase of life.

The human person is a social being. Society is a social product. The constitution, similar to laws governing the land, is man-made and nothing made by man is immutable. Social contexts change and it is only right for the constitution to be dynamic and responsive to the times. It's ability to change is not a source of weakness, but of strength. If one considered the constitution as a perfect piece of legal document then that goes against man's social nature. Putting a teleological orientation to it would hinder it from adapting and from serving society.


Looking at the 1987 Constitution, it can be observed that it is a response of a society that has just rose above the ashes of Martial Law. It gives a high regard for liberal democratic values, emphasizing individual liberty and different individual freedoms. It has put term limits on official's that in the past took advantage of the constitution and interpreted it to serve their own ends. Again, it reflects our nation's unique historical experience. The importance of a constitution ends when it becomes static.

The 1987 constitution is relatively young. After more than two decades since its ratification, a lot has also happened that should remold the document. The policies of all the governments following the 1987 constitution adheres to the neoliberal belief in rapidly opening the country and lowering borders. But the actual situation is not in line with the expected outcome. The rise of technology and of the internet has opened a new space that law does not cover and where the state's citizen is left unprotected. Closer to home, provisions concerning the protection of minorities and indigenous groups are written, yet actual policy and application do not adhere to these provisions. The Dumagats are continuously displaced, the Aetas of Zambales are objectified by the SBMC. The small fisheries industry is also falling victim to the state's aggressive tourism advocacy. The sudden influx of new resorts and the rising number of foreign tourists along the coastline are pushing subsistence fishermen inward, away from the shores. This, despite a provision in Article XIII, Section 7.

The present constitution has also failed in providing a more effective system of governance in the three main branches of government. As experience taught us, the Upper House's relevance can be questioned, given its big budget and its lackluster performance. The executive is also given too much power in that it can greatly influence the composition and decisions of the two other branches. The President's power of making appointments, nominations, and the fact that everything needs to be countersigned by the the same office, makes it very hard to assure the effectiveness of checks and balances.

The constitution should be viewed not in a vacuum as a rigid text, instead it should be viewed in the context of the larger society. It should be studied as a product of the dialog between the framers and society, enlightened by the nation's past and inspired by the future. The constitution should bow down and consider the lessons of the past but it shouldn't be bound to it. When studying the constitution, questioning and continuous reading would be very helpful because only with a society's critical input would the document continue to be relevant.

Serzo, Aiken Larisa O.
2011-78362

[Jude Amadeus R. Marfil]

(1) A constitution—-similar to how an architect or engineer meticulously follows a blueprint in building a particular structure—-can be considered like a master plan by which a certain state is set. However, the constitution does not end with just being a concept: it has to be built. A constitution is “built” if the architect or engineer turns into reality whatever it is that is sketched in the blueprint. And in such case, a house called the constitution is built. Yet, a constitution is more than just an exquisite spectacle to look at.

It can ultimately be said that a constitution is more likely to be similar to a home. A home is not only a structure in itself; it implies refuge for a particular family or groups of persons. A home has a connotation of happiness, culture, and everything else that involves human activity, even including the irks and imperfections that go with it. Thus, following this analogy, a constitution can be defined as that of a structure of law in which a particular group of people abide and live by.

In comparing the constitution with other pieces of legislation, the constitution is what sets the structure for other laws. As has often been said, “The constitution is the supreme law of the land”. Thus, as in the case of the Philippines, in the event that a particular law, say something that is part of the Civil Code is in contradiction with a particular section of the constitution, it will be always be the case that the constitution will supersede that particular law in the Civil Code. This is what sets apart the constitution from other pieces of legislation: it dictates everything and nothing is above it.

Despite the hierarchy though, both can be considered similar in the sense that both have the capacity to protect. Following the said analogy, the Civil Code may be considered as part of a room inside the house called constitution. And while the room may be just part of the house, nonetheless, it still has that capacity to protect the person inside it from the harms of the outside world, in the same way that the house does for all other persons in other rooms, or even the rooms themselves. As in the case of the constitution, it not only protects the rights of the people, but it also ideally protects the legality of other pieces of legislature such as that of the Civil Code.

(2) The constitution is the ultimate necessary tool of survival of a state. For without it, a state will be confused with its identity; forever unclear of what is right and wrong, what it owns, the hierarchy within it, and its values and principles. This uncertainty, in turn, could result to the continuous unrest of the state and eventually, ignite chaos or even at worst, annihilate the state.

(3) A constitution must be stable in order for it to be relevant. Stable in the sense that a constitution works for the state to which it is subscribed to. A stable constitution means that it is long-lasting and reflective of the situation and needs of the state. To be long-lasting, however, does not mean that a constitution ought to be traditional or even be perpetually changing. A constitution could be stable by being conservative while another can be progressive and yet be stable as well. Or there could even be times wherein both aspects can be seen.

(4) A constitution may appear to be unimportant for someone if what is stated in it does not reflect his/her beliefs, customs, heritage, values, tradition, and ultimately his/her lifestyle. It may seem to that person that the constitution is one long, irrelevant, and boring epic, and thus, has rendered it negligible in his/her life. However, the truth of the matter is that the constitution can never be unimportant. True, there might be times wherein the constitution might be inapplicable to a certain setting especially with the rapid changes and needs of a state. Yet, it will be one’s knowledge and understanding of this most important piece of document that a citizen of a state will learn how to amend or propose to amend a certain clause in the constitution which he/she thinks needs to be revised.

(5) Ideally, the Philippine Constitution should be reflective of the lives of each and every Filipino, whatever age, gender, and social strata he or she may be in. Thus, in order to answer the question of whether the constitution reflects what various societies really need, one needs to know and understand the certain issues that plague the country, and at the same time, master the constitution. In all honesty, I am not yet in the proper disposition to answer this question since I have not fully exposed myself to the various groups in the Philippines, and at the same time, have not fully understood the constitution and its implications just yet. It would rather be presumptuous on my part to say that the constitution does or does not reflect the current Philippine society within my limited purview. In due time, however, I believe I will be able to competently answer this question.

(6) The constitution should be studied with the acceptance that not everything will immediately be understood about it and its implications. However, it is with one’s courage, patience, determination, and hard work that the daunting task of studying the constitution will be accomplished. It will also help if one has a personal and up-close approach in studying it. This can be done by involving one’s self with an NGO or various groups that are beyond one’s comfort zone.

Jude Amadeus R. Marfil
2007-78076
Law 121 I-D

[De Leon, Nathan D.]

A constitution is an all-important piece of legislation that is considered the supreme law of the land, for not only does it codify the fundamental and non-negotiable laws upon which other rules are founded, it also embodies the identity and the values of the State that upholds it. The constitution creates and empowers the organs by which the rule of law is implemented; without it, all other laws are powerless, for there would be no legitimate authority behind the institutions that are mandated to enforce these rules, or worse, said institutions would be non-existent. Constitutions, like all other laws, are given authority as a result of the People entering into a social contract with the State, an agreement surrendering a part of their liberty in exchange for security and peace; however, constitutions are considered to be above the regular laws in that they are considered to be inviolable due to their thorough and all-encompassing nature. Also, the constitution has special privileges that protect it from being altered or replaced without a lengthy process, unlike other laws which can be overruled or substituted easily.

A constitution is important for many reasons, foremost among which is its collection of the most powerful laws of the land, from which none are exempt; this power then flows down to each and every law which is based on the constitution, granting them the authority and wherewithal to be enforced by the appropriate agencies provided. The constitution thus serves as the foundation and frame for the rule of law, which supports the other laws, and everything conforms to the national identity and values enshrined in the constitution to form the State.

On a more practical level, having an accessible and codified system of laws makes it easier for the People in general, not just the professionals who have made the law their private domain, to be acquainted with their rights and responsibilities, as well as informing them of what they should expect from the authorities they have put into power in order to keep them in check. In addition, as a member of the global community, it is imperative that a State defines itself as distinct from its neighbors in order to secure physical and cultural security. From a historical perspective, a constitution is also important because it records the context at the time of its ratification, such as what crises the State faced, what forces, both internal and external, influenced the creation of certain provisions, and the customs of the times; while that might not be entirely relevant to the study of how the Constitution is implemented, it does give us a background as to why certain provisions are there in the first place, and why they are formulated the way they are.

In my opinion, a stable constitution, contrary to what is implied, is a constitution that changes smoothly should an amendment or revision be warranted. The mark of a mature democratic society is their willingness to refine the laws that govern them, discarding the irrelevant and obsolete in favor of new, streamlined laws that benefit everyone; a society that refuses to accept the fact that change is inevitable dooms itself to a system that no longer works to its benefit. It is reasonable to approach such drastic change with much caution, of course, but to deny and avoid it outright is nearsighted and dangerous. A constitution must then be stable, that is, able to change smoothly without destabilizing the entire system, in order for it to remain relevant in the long run. The frequency with which a constitution changes also gauges how stable and relevant it is: if it changes too often, one can assume that circumstances change so fast that they struggle to keep the constitution relevant.

Given the importance of the constitution as stated above, I do not think that there is any point in time, or any reason, to consider a constitution unimportant. Since it is the embodiment of the will of the People as expressed and implemented by the State, it is integral to the existence and persistence of human society as an organic mass, not just a group of individuals. The absence of a constitution will lead to the absence of the law and the organs that implement it, which then leads to the breaking down of society when its conventions are disregarded. Ultimately, the absence of a constitution can be equated with the death of civilization, unless we humans suddenly develop an innate understanding of our fellow man and cooperate with each other altruistically, which is highly unlikely, if not impossible, because that is the very reason we have laws to govern interaction in the first place: we don’t trust each other, and we each fend for our own interests instinctively. Therefore, a constitution can never be deemed unimportant in the great scheme of things.

Our present Constitution does an ample job of reflecting the needs of our current society, but it could do better. While only a quarter of a century has elapsed, the number and spread of events that have occurred in recent history is out of proportion when compared with the timeframe; too many things have changed in too many areas in too short a time, and the developments in technology are at the forefront. For example, while the Intellectual Property Rights afforded nowadays are thorough and deeply entrenched in our society, the glancing mention of it in Sec. 13 of Article XIV of the 1987 Constitution doesn’t do it justice; if IPR is such an important issue now and probably for posterity, can’t we update the Constitution to include more on it? There are many other issues and developments that have arisen over the past decade and a half, such as the increase in immigration and emigration, the current situation with the MILF and the NPA, issues regarding accountability and integrity of public officials, and countless more. While other laws do a decent job of resolving some of these issues, we should elevate some provisions by including them in the Constitution to put the lid on the matter.

For a student of the law, it is best to study the original text in its entirety, not an abridged secondary source. The text should be read for what it says, and one should not look for implied or hidden meanings apart from those which are plainly stated, otherwise we delude ourselves and put words in the mouth of the People and those who framed the Constitution. If the law student cannot handle the plain text of the Constitution, how can he be expected to do to better on the more complex laws? It’s a tall order for myself, yes, but it is a commitment I have to make and keep if I plan to uphold the standards of this profession.

Nathan De Leon
2011-78271
Law 121 - D

[CARBONELL, Patrick Chris D.]

The constitution is the most basic law of the land. It is a legal document that sets the objectives and goals of the state, as seen in the preamble. In the same light, it also presents the means on how to achieve it which is through the enforcement of the articles stipulated. It is the guiding principle of a state such that all the laws, procedures and actions made by the members of the state should be in line with the constitution. The difference between the constitution and other pieces of legislation is that the other pieces of legislation merely support and advance the elements of the constitution. In essence, other pieces of legislation flow from the same basic source, which is the constitution. Another difference is that most of the other pieces of legislation seem to be more specific than the constitution. Although there may be differences on the level of their generality, they are still similar in what they want to accomplish. Other legislative pieces can never be legislative if they are contrary to the constitution.

It is also a document that controls and at the same time frees a nation. The constitution controls a nation in a way that it regulates and delimits the exercise of power that the government has on its people. It prevents the government to be absolute and abuse its powers. It distributes the power of the government with the different branches which at the same time serve as checks and balances among each other. It provides a demarcation between the powers, responsibilities and functions of the different branches of the state which therefore serve as protection for the citizens from which the power of the constitution comes from.

The constitution, on the other hand is what also frees the nation by giving the citizens certain rights and freedom in doing certain acts. People can freely express themselves, choose the places they want to live in, choose their own religions, among others. Although these acts are accompanied by duties and responsibilities, citizens still enjoy a freedom that takes into account other people’s safety and protection.

The constitution is what strikes a nation’s balance between abuse and freedom. It gives the different essential elements of the nation enough power and enough rights to function responsibly and reasonably. Playing this vital role, among other reasons previously stated, is why the constitution is important for a nation. It makes it possible for people to have reasonable freedom and power in a social context.

However, the constitution is not a perfect document because if it was, then there was no need to stipulate the process of amending and revising it. Clearly the authors of the constitution were well aware of the possibility of flaws and mistakes that could have been made in writing the constitution as well the possibility of the changing needs of the people. This does not mean that for every changing need, the constitution changes as well. The constitution should be stable in such a way that it is able to still protect its people, pursue the goals that it has set and is not easily changed by all the needs and qualms of the people because those may be addressed by other legislative pieces. It is a document revised and amended based on the unique and significant experiences of the Filipino people. Therefore, this stability that the constitution possesses is characterized by a strong sense of reason that does not easily give in to every single protest raised.

Given that the constitution is the supreme set of laws, and that all the laws created should abide with the constitution, it is integral that it represents the people and their need to live in a peaceful and harmonious society that allows them to grow and develop themselves. Laws are what allow the people to experience such society. If these laws are based on a constitution that is faulty and misrepresents the people, then there would be chaos. If the constitution is flawed then society will be as well. It is in this light that the constitution can be deemed unimportant. If such a constitution is made for selfish purposes and evil intentions, which will govern a state, then perhaps it would be better for the corrupted constitution not to exist. If the constitution fails to protect the people from the abuses of the government, from other people’s wrongful acts and even from their own selves then the constitution is unimportant and should be revised.

Fortunately the Philippines has a rich history, from its invaders and past leaders, that has played important roles to the development of the present constitution. It has been amended and revised to according to the experiences of the Filipino people. However, with the constitution that the country presently has, does it reflect the different societies’ real needs? Or is it still in need of another revision? Or maybe it just lacks a stronger enforcement. There have been issues on the presence of private armies in the country or the midnight appointment made by Pres. Gloria which is contrary to specific sections in the Constitution. Why are these things still happening? As a writer with limited knowledge on the topic, perhaps what lacks is a stricter enforcement and punishment. Even if the constitution is able to reflect society, some people are still able to circumvent the law as seen in the examples. A good constitution is as good as how it is enforced. The present constitution is able to reflect the needs of the societies, but there is still a problem.

It is important to realize that one cannot justify and reason with constitutional debates and claims without first understanding and thoroughly studying the constitution. The constitution is a legal document which every word has been intended to have meaning. The study of the constitution should necessitate the study of the text and what it means. Studying the text would lead to a better grasp of what that specific part of the constitution wants to communicate. Studying the history and the intent of the authors in writing the different parts of the constitution will supplement the understanding and appreciation of the constitution. Finally, the constitution should also be studied in the understanding of the context of the Filipino people. The context, the history and intention and the text of the constitution should be studied and appreciated.

The constitution is the supreme law that can make or break its people. Studying this is essential in studying and understanding all the laws of the land. Although it is not a perfect document, it is a work in progress that, as the Filipino people, grows and learns through experience.

Carbonell, Patrick Chris D.
2007-25227
Constitutional Law 1 1-D

[Bryanne Albert Barcena]

A constitution is essentially a formalized set of principles and values that govern a state or any organized group of individuals. As a legal document, a constitution states the ideals that its subjects are asked or encouraged to observe in order to establish a society or unit that is deemed harmonious and progressive. It lays down the broad, common rules that constituents of the jurisdiction where it is founded must adhere to. It also sets the structure of a political system, as it confers powers and set limitations to individuals or authority groups and also defines the institutions needed to run the political sphere of societies. It provides the people basic rights they enjoy and duties they must carry out as members of the group where the constitution takes effect.

In the context of a state, a constitution is distinguished from any other piece of legislation such that it is considered as the supreme set of rules from which more specific laws are based. It may seem more abstract in comparison to specific laws because it deals with general state of affairs. As a consequence of this characterization, a constitution’s provisions may be subject to several conflicting interpretations, unlike other laws that provide more straightforward orders and declarations to their subjects. A constitution is considered all-encompassing and affects the entire jurisdiction, while laws secondary to it may apply only to a lesser scope or to a limited extent. But as with any other piece of legislation, a constitution is intended to govern human behavior in the society. It suggests people what they ought to do and implies conditions of conformity or penalty.

The importance of a constitution lies in the fact that it serves as the general guide for subsequent legislation of the lawmaking body. Without it, laws that are enacted may find and not be able to settle conflict with one other. The constitution is the ultimate basis of law creation, in the sense that what is found contradictory to it, hence unconstitutional, should be abandoned. Proposals for new and future bills have to first be referred to the constitution, be judged as constitutional, in order to be ratified and to take effect. A constitution also unifies all interests and concerns of the people, who may be coming from different sectors of the society. It helps bring about a national consciousness and helps establish a collective view of justice and equality that influence how the society runs.

A “stable” constitution is in need to make it relevant to the people. First, this entails that regardless of their background, individuals have to be aware of and able to act in accordance with the constitution. The constitution must attain general acceptance from the people and it also cannot be selective in the way it takes effect. Secondly, it has to suit the present concerns of the community of jurisdiction, and at the same time has to be open to adjustments or changes that have to be made when needs arise. As individuals and societies as a whole change, the constitution has to adapt and undergo the necessary modification to extend its relevance to the people. If it isn’t stable enough, this change would be hard to accomplish since changes have to be initiated from within the constitution. The constitution must be able to resist or accept, whichever action is found more appropriate, the changes so that it remains relevant, useful and beneficial to any state’s or group’s political welfare.

The primary source of a constitution is essential to its significance. As much as it is wanted or imagined to be perfect, it is not. It may contain weaknesses and loopholes that arise from human biases and ignorance, whether or not intended, committed during its creation. If a constitution is not properly formulated based on the people’s cultural, social and historical character, its importance is diminished. If what is created in the process is a constitution that serves elites or only the dominant political entities, then its importance may not be recognized among all of society. It also loses its importance when it alienates or marginalizes people and sectors from the so-called mainstream, as it defeats the purpose of justice and equality. But a constitution will never fully lose its importance in the complex, modern society, because as a product of human endeavor, it will certainly serve a place, a time or a person. It may not fully take effect all the time but its importance as a major source of political control remains. It will in most cases be instrumental in managing, regulating or promoting human activities.

The present constitution of the Philippines does reflect, though not fully, the needs and sensibilities of the Filipino people. Yes, because the constitution was a result of a change of regime when reform was an earnest call. Filipinos then wanted a new constitution that will serve the inspired sense of national identity and democracy. Not fully, on the other hand, because the creation of the constitution was based more on representative democracy rather than direct participation. Those at the margins were likely not able to take active part in the creation of laws of the land. In the process, what was created was an incomplete constitution, because the written constitution is not wholly able to transcend all society’s sectors and that creates a gap between the constitution and the people.

A constitution is a rich field of knowledge in itself. It reflects the sense of nationhood of the people and the kind of society they are bound to create. It touches not just the legal aspect of states or groups but also the more fundamental elements of society. The study of a constitution demands a look into all relevant disciplines that may explain how it’s shaped and can help shape it. A multi-disciplinary approach, basing from fields such as history, geography, economics or sociology, will help us in the study of a constitution. A student must extend from the academics of the classrooms to exposure and action in the real world, where conditions of people, the subjects of constitutions, are more observable. And, yes, it takes time and definitely not just an overnight endeavor.

[Binalla, Jeremy Kay D.]

A constitution is the highest rule that governs human behaviour in a society. It is a product of social construction; it is the receptacle that contains the will of the people. It is born out of the need to guaranty social order and peace. It sets forth the fundamental framework of social dynamics: detailing the rights and responsibilities of the individual and declares and limits the powers of the authority governing them.

It is the highest rule and so all statutes and policies must conform to its principles. The Constitution sits atop the hierarchy of legislation and any law in conflict with it will be struck down. This established hierarchy ensures that the collection of laws has organic unity, and that they promote the collective aspirations of the people. Another distinguishing characteristic is the degree of generality used to pen the constitution. It is framed in a general language to fully encompass and address not only present but also possible issues. In particular, the constitution spans a great deal of ideas and principles as opposed to other legislation which pinpoints a specific or targeted aspect.

Like any other rule or piece of legislation, the Constitution is obligatory and must be adhered to by the people. We sacrifice a few individual liberties in order to afford security from the State. The security granted by the State is not selective and is granted to all. Therefore it would counter the principles of justice and equity if only a few follow its restrictions but everyone benefit from its privileges.

Man by nature is a social being. We need to interact with other people in order to fully function as an individual. And in order to interact there must exist a mutual understanding between individuals in the furtherance of common goals. However, mutual understanding will only get you so far. There must be a system in place that guaranties that individuals perform their end of the agreement. A unified system that governs human interaction must be in play. The constitution remedies such dilemma.

It enumerates how society and its members should coexist, striking a balance between individual liberty and state security. It grants rights exercisable by members of the state and sets forth their reciprocal responsibilities to the governing authority. The powers of the government and its limitations also emanates from provisions of the constitution. The importance of a constitution is a need to preserve social order and peace which in turn ensures society’s survival.

A constitution is stable if it is not easily subject to change or amendments. As stated before, a constitution governs human behaviour, if it were erratic and constantly in flux it would create a great deal of confusion. It will defeat the purpose of ensuring order and peace in society. A solid set of rules must be in place in order for society to smoothly function. However, stability here is not construed to be absolute. The framers of the constitution despite being men of knowledge, were not clairvoyant or soothsayers. They cannot anticipate and foresee all possible issues.

In order, for the Constitution to be relevant it must also have a margin for change. Provisions that were based on prevailing customs or traditions may no longer be relevant in the future and thus could be unreasonable. This is the reason why the constitutional commissioners left a provision in the constitution to amend it. This is to address issues of unforeseeable social changes and the relevance and coherence of the law to it.

The question of importance can be coupled with the question of relevance. The constitution is the embodiment of the will of the people. If for some reason, the voice of the people is no longer encased in the constitution it is no longer relevant and therefore unimportant. It may show signs of importance for historical and archiving purposes, but as a rule of law, it could no longer be of any use and must be disposed of and replaced. It is also no longer important if there is no state in which it can be enforced. If the state ceases to exist by reason of lack of its elements, the constitution can no longer be applied.

The current constitution still serves the purpose of society. Society has not changed much since the adoption of the constitution. We are still a people of religion and independence, plagued with the same issues 25 years ago. Poverty, corruption and cases of human rights violation, these issues still persist. The constitution was drafted to withstand the rigors of time and change. Until now it still serves the best interest of the people, and is still an effective precept for human behaviour.

The constitution is an overwhelming piece of literature. The only way to fully understand it is to succumb to humility and admit that we don’t know anything about it. Preconceived notions and arrogant ramblings will only clutter the mind and prevent from absorbing the material. It is best to start with a clean slate and build on from that. Critical reading is essential in mastering the constitution; knowing what each word entails and how it is used in its language. Only when we have fully comprehended the constitution can we apply it in real situations.

Practical application deepens the understanding of the constitution. When we work with something we are familiar with then it will be easier for us to grasp its gist. However, the most important thing to posses is having that insatiable need to know and the interest; it drives us into asking more questions for further knowledge.

Binalla, Jeremy Kay D.
2011 78056
Constitutional Law 1
Section 1-D

[Mark Mendoza 2000-15649 1-D]

A constitution is a set of fundamental laws of a country. It governs the relations between governing power and citizens of the state.

A constitution is different from other pieces of legislation because of two things. First, the laws stated in a constitution are considered superior than all other legislation. Any legislation that is against or inconsistent with the constitution is considered not valid and therefore not a law. All legislation such as bills passed by the Congress should emanate from the constitution.

Second, most laws in the constitution are phrased in general or vague terms. For example, Article II, Section 12 of the 1987 Constitution of the Republic of the Philippines states that “It shall equally protect the life of the mother and the life of the unborn child.” It did not mention how the State will protect the life of the mother. Other statutes such as the law on partnerships and corporations are very specific unlike constitutional laws. Hence, constitutional laws are susceptible to different interpretations.

Other legislation is similar to a constitution in the sense that both are laws. All laws share the following characteristics: (1) it is a rule, (2) promulgated by competent authority, (3) obligatory and (4) of general observance.

A constitution is important because it defines the rights of the people and serves a guide as to what laws can be enacted in the country. A law will not be valid, even if it is moral, if it is in conflict with the constitution.

To be relevant, a constitution should be stable but not static. It should be stable in a way that the interpretation of the constitutional laws should be the same. As mentioned, constitutional laws are not very specific and the interpretation may be different among individuals. Hence, there is a need for the interpretation of the constitutional laws to be the same to avoid confusion. However, a constitution should not be static. It should be able to adapt to the changing times. For instance, the term of the President of the Philippines may be shortened to four years instead of six years. In addition, the president may run for reelection for a second term. This provides the Filipinos to elect a new president in a shorter period if the former president is corrupt. On the other hand, if Filipinos believe that the president is a good one, they can reelect him for another term and let him continue his programs and policies.

There are instances when a constitution can be deemed unimportant. First is when an enacted law may be both constitutional and unconstitutional. As already mentioned in the second paragraph of this essay, Article II Section 12 of the 1987 Constitution of the Republic of the Philippines states that “It shall equally protect the life of the mother and the life of the unborn child.” The Revised Penal Code mandates imprisonment for the woman who undergoes abortion. There are cases when a woman has to undergo abortion because of pregnancy problems that may lead to her death. Thus, abortion may be argued as constitutional because undergoing abortion protects the life the mother. At the same time, abortion may be argued as unconstitutional because abortion does not protect the life of the unborn child.

Another instance when a constitution is deemed unimportant is when it becomes outdated. In the fifth paragraph, I mentioned that the term of the President may be shortened to four years but with an option to run for a second term. Article VII Section 4 of the 1987 Constitution of the Republic of the Philippines states that the term of the president should be limited to six years and shall not be eligible for any reelection. This presents a limitation when a president has been running the Philippines very well. Once he steps down, there is a possibility that his programs will not be continued by the next president. In this example, the Congress might consider amending the constitution.

Third instance when a constitution is deemed unimportant is when public officials do not abide by the constitutional laws. It is not uncommon when we see in the news that a suspected criminal was tortured and forced by a cop to admit a crime that he did not commit. This is clearly against Article III Section 12 which states that “No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him.” Therefore, for a constitution to be important, public officials as well as citizens should obey the laws outlined in the constitution.

The constitution should be studied by examining the laws themselves. Some laws are clear and not subject to other interpretations. However, there are laws which are vague and may have differing interpretations. Thus, it is important to learn other ways to study the constitution. One way is to identify the underlying policies by researching the legislative history of the laws. Researching entails a lot of work but this provides plenty of information on why the law came about. I believe the best way to study the constitution is by critically reading past Supreme Court Reports Annotated. The court decisions become part of the law and experts of law made the decisions. Therefore, for someone who is just starting in law school, studying past cases would be the best way to understand the constitution.

I believe that our present constitution reflects what our various societies really need although it may need some amendments. Our constitution has various laws on the rights of women, indigenous people, family etc. For example, Article XII Section 5 states that “The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being.” The problem in our country does not stem from the constitution itself but more on the government officials as well as the citizens not obeying our constitution. Right or wrong, we must all uphold the constitution in order for it to really serve its purpose.

[Jessa Vallente]

The Constitution is a collection of norms of conduct written to lay down a framework in which political and social activity shall be conducted. As the highest law of the land, it seeks to establish the allocation of power and resources within the state, to outline the duties, powers, functions and limitations of the governing authority and its bodies as well as to regulate the relationship between them. Furthermore, it establishes the sovereignty of the state, its governing principles, values and goals thus making it the backbone of society and the social contract by which the people endeavours to maintain peace and order. It is this legislation which also defines the relationship between the state, the government and the individual.

Being the primary law of the land, all other laws and legislations that are thereby adopted must be consistent with the provisions of the constitution. It’s authority in other words is stronger and outweighs the authority of others. The scope of its subject matter too is wider, tackling the relevant issues in society including economy, patrimony and defense and even recognizing the interest of different sectors in society such as the family, the women and the youth. However, it can only do so by outlining in general these provisions leaving the task of specification and elaboration to the pieces of legislation that follow it. Despite this, its similarity with other enactments is apparent in its purpose - that is all of these laws are written to govern the relations between persons in a society in an effort to promote the common good and achieve development, peace and order within the community.

Perhaps one of the constitution’s strengths, that is one of the reason for its importance, is its ability to bring about order, stability and predictability within society. By following the rules as they are set forth in the constitution, the community is able to maintain order in the all of its conduct and procedure. By allocating duties, powers and functions among the various institutions of government there exists stability in government. And finally, by outlining the framework of political and social activity, it offers predictability to the actions of those who govern, to those who are governed and even to the duties and rights that are consequences of such actions. It also empowers the state, declaring its territory, the sphere of its independent authority and its legitimacy. As to the organs of the state, it is also the constitution which formalizes them, regulates the relationships among them and in the moment of conflict, seeks to adjudicate and find a solution. But to an individual, the importance of the constitutions lies in its capacity to protect one’s life, liberty and freedom and to educate its citizens of nation’s principles and goals and how they may come to achieve it.

The constitution’s relevance is a product of its stability. A stable constitution is a constitution that is able to adapt through times. This constitution has been construed as to affect order despite the changing issues, events and governments of the day. The foundations and the ideals embodied in this legislation remains consistent but flexible enough to accommodate change and to handle and educate complex patterns of human behaviour and thinking on the norms of what is right and what is for the common good. It is also a constitution which is recognized, respected and upheld by the governing authority, the people and by other nations. With such significance the essence and function of a constitution can never be deemed unimportant. However, the provisions may at times be seen as so. This occurs, when these provisions no longer reflect the true ideas, aspirations and needs of the people for whom the constitution was made for. In such instances, the governing authority chooses to revise or to amend it to suit the context of the day.

As the constitution was drafted by only a handful of people, one cannot help but question if it truly is reflective of the various needs of society then and even now. Upon reading its provisions, it appears that it does accomplish so as it still remains to address liberty, freedom and the welfare of the people – the major concerns of an individual for security. They also include pressing issues of the day such as government transparency, agrarian reform, violation of human rights or the accord of these rights to some members of society such as the indigenous communities. The provisions may reflect the needs of the day; however in reality it does not alleviate them. They remain to be aspirations which the government and the state should work towards achieving.

The constitution as the backbone of our society should be studied, applied and revised when needed. For a student learning his way through it, as a theory it is not enough to study by the mere familiarization of its words and provisions. It is also important that one seeks the purpose for the enactment of its constitution; what goals were the constitutional drafters trying to achieve? Or perhaps what mistakes were they trying to correct? What grievances were they trying to address? This will contribute to understanding its relevance and function at the present context. Furthermore, to study in a critical manner, one should seek to apply its provisions in real life events, to question if it is truly feasible and if it truly fulfils its function. What situations reveal discrepancies, loops and holes between its provisions? And finally to find reasonable solutions to it, that is to question how can one address this?

Jessa Marie Vallente
2007-55183
I-D

[Corinne Renes]

A constitution stands as a country's single most important piece of legislation, according to which a country carries out its operations. It is deemed the "the highest law of the land" as this vital document determines the fundamental principles of government, rules and procedures upon which that government functions, the rights and obligations of the citizenry and methods to ensure the accountability of all branches of government. The constitution is therefore the fundamental underlying framework from which all other laws are grounded. It can also rightly be termed a "social contract" between the government and the people who reside within its jurisdiction, for the very existence of the constitution is in itself a testament to the legal authority of the people.

A constitution differs from an ordinary piece of law first in that it sits on top of a country's hierarchy of laws. Because the constitution stands superior to all laws framed within the territorial boundaries of a country, all other laws whether local or national cannot be promulgated if it deviates from statutes or provisions made explicit by the constitution.

Second, its manner of ratification distinguishes it from other legislative pieces. Other laws, such as house bills and the like are enacted when both houses of Congress pass said bill and the President signs it. The Constitution, however, could only be ratified by way of a plebiscite or direct vote. Therefore, the passage or denial of a constitution exercises the people's sovereignty.

Third, a constitution aims to represent the goals, aspirations, rights and duties of a diversely populated nation, so much so that its terminology and phrasing must be both broad in scope and meticulously worded to accommodate and acknowledge the people's heterogeneity. For example, its brevity of form allows any one section from the 1987 Philippine Constitution to be considered succinct compared to other legislative pieces enacted by the Congress. The broad, sweeping statements of policy then pave the way for specific statutes that can tackle specific issues.

In the end, like all other laws, a constitution is not infallible. It is merely a reflection of the social climate of the times and, on a more demoralizing note, of the interests of a few. Though the 1987 Constitution has led the way for the democratization of the Philippines, it cannot be denied that its creation was subject to the socio-political beliefs and ideologies of the ruling elite. Thus, it can be questioned whether the country's present constitution can be considered to be truly democratic.

Despite these shortcomings, a constitution is of primary importance to the nation because: 1) It establishes the government's powers and limitations, and makes clear demarcations of the responsibilities vested upon all branches of government, and; 2) It enumerates and protects the rights and duties of the citizenry irrespective of their race, religion, social class or political beliefs. If a constitution satisfies these basic requirements, then it can be considered a more or less traditionally "stable" constitution.

However, that is not to say that having a fully formed and ratified constitution immediately equals effectiveness in governance. Since it is a form of law created by man out of human nature and human relations, it is imperfect and cannot account for all human scenarios. Thus, in my opinion, the constitution need not be "stable" in order to be relevant. The dynamism inherent in culture and society make it impossible for a constitution to stay "stable" or perhaps even stagnant. For as long as new technological discoveries are made and political climates change, it will always be necessary to discuss and refine the provisions in the constitution so that it addresses the needs of the people in varying periods of social upheaval.

The constitution is not an absolute, unfailing law. There are instances in which it can be deemed insufficient and unimportant. First, if it fails to accede to the inevitable changes in the ebb and flow of society. Second, if the constitution fails to adequately respond to the needs of the people governed by it. Third, if the constitution supports a socio-political ideology so far removed from the majority belief that it cannot be said to be reflective of the people's current beliefs, goals and aspirations as a nation.

In some respects, the 1987 Philippine Constitution qualifies as "insufficient." For example, the State supposedly considers labor as a primary social and economic force and must therefore promote the welfare of workers as stated in Art. II, Sec 18. The state shall also promote comprehensive rural development and agrarian reform as stated in Art II, Sec 21. However, it is clear that true reforms in the agricultural sector have not been achieved due to the continued dominion of landlords. Worse, these landlords form a large portion of the country's lawmaking body. I am of the opinion that the Constitution should provide for more than just a "promotion" of agricultural reform as this does not guarantee concrete action, or even indispensability like what is clearly stated in Art. II, Sec 20 (on the State recognizing the indispensable role of the private sector).

The constitution, therefore, should not be looked at as a document existing in a vacuum. It has clear social, political and cultural implications that should supposedly advance the interests of the nation. Citizens would do well to question its premises, its underlying principles and the ideals it upholds. In order for it to advance along with society, it should be subjected to continuous discourse and under continuous criticism and debate, not only from those in the legal profession but also from ordinary men and women. It is all of the people, after all - and not just the lawyers - who own this most high law of the land.

Submitted by: RENES, CORINNE ANN G. | 2006-08986
I-D

[Dayog, John Edward Lee F.]

The Constitution is the highest law of the land. It defines the roles, powers and responsibilities of the State. In a republic, a constitution lays down the principles of the government and the law. All other laws must be consistent with the constitution and must conform to its general theme. States may still function without some form of constitution, but it would certainly lead to a very different form of government from what modern democratic states, the Philippines included, would have now. Indeed, without a constitution, a government will be reduced to despotic rule. As with any law, a constitution is a product of human reason and should, in theory, reflect the aspirations of the people for which it would be established. It ensures consistency, stability and continuity in the affairs of government. Constitutions act as written guidelines that serve to preserve the status quo while certain ones may act as master plans for the future of a state or people. Furthermore, a constitution often contains a section which declares the rights of the citizens of a particular state. Through this, the constitution ensures that the State, with its immense powers and authority, would not abuse its citizens or encroach upon every aspect of their lives. There being certain inalienable rights which are agreed upon by contemporary socio-political paradigms (e.g. civil-political rights such as freedom of speech, rights with respect to due process of the law, etc.), a well-crafted constitution founded on the ideals of the Enlightenment would secure these rights for individuals and the society as a whole.

A constitution is similar to other forms of legislation in that its goal is to regulate the behavior of humans and institutions in order to maintain harmony in the society, and to promote justice and fairness. Like other laws, it establishes a set of norms that should be observed by all of its constituents. Finally, like other laws, a constitution is produced through careful deliberations by a competent entity made up by people who are deemed to be qualified to create rules for everyone to follow. However, a constitution is different from other laws in that it is supreme. As discussed earlier, the constitution itself lays the foundations for the legal and political system of a state. No other law could be as paramount. Unlike other forms of legislation which require only that they be passed by a legislative body, a constitution, to be promulgated, must be approved by the people through a referendum. This is so because a constitution’s effects are all-encompassing. In addition, laws often carry a penalty if a person or an entity should violate it. A constitution however, does not impose concrete penalties for violations against it. Rather it merely sets a definition for which actions are legitimate and which are not; that is, actions that conform to it can be considered legitimate (or constitutional) while actions that violate it can be considered as illegitimate (unconstitutional). In the case of the Philippines, it is the Supreme Court that is the ultimate arbiter for the interpretation of the Constitution and thus, the supreme entity that declares which actions are constitutional and which are not.

In the history of the world, the prevalence of constitutions in many states is a relatively recent phenomenon. Since the dawn of civilization and until the Middle Ages, politics has been dominated by monarchies, dictatorships and despotic regimes that do not require the existence of a constitution in order to function. The general result, if one observes history, is that the subjects of that regime are often oppressed, and regime change often leads to chaos and civil strife. After the onset of the Enlightenment, which gave birth to liberal ideas such as fundamental rights and the rule of law, states have begun to adopt written constitutions which provided for the respect of the rights of their citizens (no longer subjects) and mechanisms that ensure political stability even in times of uncertainty: therein lies the importance of a constitution. As stated earlier, a constitution defines the nature of a state, but the former is not necessary for the existence of the latter. A constitution, however, is necessary for the establishment of the rule of law, for the protection of the rights of citizens, and for the maintenance of social order and stability within a state.
A necessary feature of a well-crafted constitution is that it promotes stability within government. This is especially true for a government such as the Philippines’ which is based on the tripartite division of the state (i.e. between the Legislative, Executive, and Judiciary) which provides for a system of checks and balances. A good constitution must be able to balance the powers and roles of each of the branches of government and as well balance the power of the State in relation to the rights of the citizens in order to ensure a well-functioning and orderly government. If a constitution is poorly written—that is, if it fails to clearly delineate the roles of the branches of government, then conflicts within the government and within society in general would become a common occurrence. This could lead to instability and strife. A constitution must not contain many loopholes or contradictions, if at all, so that it could be interpreted in only a few, if not one, ways.

The 1987 Constitution, the one which is currently in effect in the Philippines, is a product of the experiences and struggles of the Filipino people under the dictatorial regime of the late President Ferdinand Marcos. A characteristic that distinguishes the present constitution from all others that preceded it is that it severely limits the power of the State, the Executive department in particular, so that its institutions could not be manipulated and abused as it had been before. Aptly called the “Freedom Constitution”, the 1987 Constitution contains many provisions that detail the rights of the Filipinos vis-à-vis the State. In particular, it contains provisions regarding the due process of the law which had been trampled upon during the Marcos era. Another particularly important thing to note are the severe restrictions placed by the Constitution on the power of the President to declare martial law. The spirit of the 1986 EDSA regime change that paved the way for the deposition of the dictator and led to the creation of a new constitution can be clearly seen to have been at work at the time the constitution was being drafted. Aside from these, the present constitution also provides much space to progressive principles such as the representation of the marginalized and some sectoral groups in government. These give consideration to the fact that Filipino society is composed of so many distinct ethnic and linguistic groups, different classes of people, and people of different religions. It also gives much emphasis to the importance of the family and the formation of the youth and the women in nation-building. This reflects the culture of the Filipinos which holds the family in high regard. Yet another part of the Constitution discusses the foreign policy objectives of the Philippines. Chief among these is the renunciation of war and the emphasis on peaceful co-existence with other nations. This can be taken as reflective of the Filipinos’ peaceable and amicable nature, the Philippines’ commitment to the ideals of ASEAN (Association of Southeast Asian Nations), and/or, presumably, an admittance that the country’s military power is such that the Philippines is not in the position to readily resort to war as a foreign policy.

The Constitution is such an important and integral part of the country’s political and legal system that it would be a sin for a law student to not study it carefully. To study it carefully means not only to memorize the provisions of the Constitution but, more importantly, to learn its true meaning. This requires thorough analysis not just of the text, but also of cases that have involved controversies regarding the interpretation of the Constitution. In that way, the student would learn how the Supreme Court, the body that has the authority to interpret the Constitution, has decided on the true meanings of its provisions in the past. This approach enables the student to learn the text and the interpretation of the text. It is extremely important for a law student to master the Constitution because in the future, when that student becomes a lawyer, s/he will face the task of upholding the rule of law: to work within its boundaries or, in extreme situations, to defend it. This will only be possible if that lawyer truly understands the Constitution. In the end, the most important thing about the Constitution is that it outlines the principles on which democracy and republicanism are founded. It acts both as a shield and a sword for those who believe in liberty and the rule of law should the need arise to defend them.

Dayog, John Edward Lee F.
2006-36470
Constitutional Law 1 - 1D

[Kim]

A Take on the Matters of a Constitution

A constitution is a compilation of fundamental laws promulgated by a group of individuals, chosen for their authoritative knowledge of the law, for the purpose of governing the relationship that exist between a person and the state which he/she is a citizen of. Like any other piece of legislation, it uses formal language as an instrument of communication, is often subject to interpretation and undergoes a rigid and long process for any changes.

But despite these similarities, other legislations cannot be deemed to be at par with the constitution for the constitution can be considered as the supreme law that governs a state. It is like a thesis statement for which every other statement of a research paper focuses on, a base or foundation for a piece of architecture or even the roots of a tree to which every part stems from. With that, it can be said that for any other kind of law to truly matter and be binding to the people concerned, a law must, first and foremost, be in accordance or in harmony with the constitution. In short, other laws should be constitutional.

Due to its very nature as a foundation and reference of the other laws of the land, a constitution is really of utmost importance to a state. Besides, a research paper cannot be considered a paper without a thesis statement, a piece of architecture would not stand without its foundation or any base and a tree would die without its roots to get its sustenance. Like the aforementioned analogies, a state would be in a position of disorder and conflict without an existing constitution. Aside from it being a foundation of other laws, a constitution is also deemed relevant for it serves as a guide on matters of conduct that is expected from a citizen. It also acts as a kind of middle ground between the state and its citizen. All in all, a constitution helps maintain peace and harmony with regards to the relationship that exist between a person and a state.

However, simply having a constitution does not guarantee peace and order to a state for the constitution must first be considered as “stable”. A constitution, to be seen as stable, should be characterized by its rigidity and being fixed, by its ability to withstand contests to its legality and by its firmly established principles. Likewise, a thesis statement should be concrete and concise, a foundation must be firm and unyielding and a root should be resistant and resilient. A stable constitution can then be said to be “the last man standing” in field of legislative changes.

The disorder and chaos that can be brought about by an unstable constitution is not something that any state would logically strive for. Thus, it can be said that stability is a principle that a constitution must at all times upheld. Without it, a constitution can be deemed as meaningless and without any importance or value to the people. It would be just words written in a piece of paper that would not matter to anyone in particular. This type of situation must be avoided at all cost for the ultimate goal is always to have a stable constitution.

Maintaining the stability and rigid quality of the constitution is not really an easy task to accomplish for there is a constant change that happens in the relationships of the people and the state. Needs of various societies in the state is always changing and thus, there arises a need for continuous review of the existing legislations like the constitution. There would always be constant need to question whether the current law is still applicable to the present situation or does it already warrant a constitutional change.

Based on my knowledge of the past and present needs of the society, the existing constitution is still applicable. It is still reflective of the needs of the society for it can still manage to resolve existing conflicts and it still encompasses all the relevant sectors of society. However, it would not come a surprise for me if my answer would not be same in the near feature due to the fast phase of change in our present society.

Since the significance of a constitution is already established, it is also of great importance to note that there is an existing need for everyone to study the constitution. It is necessary to study the constitution for it affects a lot of aspects in the life of individuals. In studying the constitution, critical and thorough thinking is necessary. All pertinent provisions should be taken at heart. In other words, treat it as a way of life and with some luck you might find a sense of fulfillment in doing so.

Balauag, Kim L
2011-78054
I-D
Law 121