What is Constitution?
The Supreme Court stated, “A Constitution is a document which serves as the fundament law of the State; that body of rules and maxims in accordance with which the power of sovereignty are habitually exercised.
Classification:
Written and Unwritten
(A) Written -one whose precepts are embodied in one document or set of documents.
(B) Unwritten- consists of rules which have not been integrated into a single, concrete form but are scattered in various sources.
Examples:
a. statutes of fundamental character;
b. judicial decisions;
c. commentaries of publicists;
d. customs and traditions;
e. certain common law principles.
Enacted and Evolved
(A) Enacted (conventional) -formally struck off at a definite time and place following a conscious or deliberate effort taken by a constituent body or ruler.
(B) Evolved (Cumulative) -the result of political evolution, not inaugurated at any specific time but changing by accretion rather than by any systematic method.
Rigid and Flexible
(A) Rigid - one that can be amended only by a formal and usually difficult process.
(B) Flexible - one that can be changed by ordinary legislation.
What kind of Constitution does the Philippines have?
It is very evident that the Philippine have a written, conventional and rigid Constitution.
What are the essential parts of a good written Constitution?
(A) Constitution of Liberty—sets forth the fundamental civil and political rights of the citizens and imposes limitations on the powers of the government as a means of securing the enjoyment of those rights. e.g. Bill of Rights ART. 3
(B) Constitution of Government—outlines the organization of the government, enumerates its powers, lays down certain rules relative to its administration and defines the electorate. e.g. Legislative ART 6, Executive ART 7 and Judicial Departments ART 8, Constitutional Commissions ART 9
(C) Constitution of Sovereignty—the provisions pointing out the mode or procedure in accordance with which formal changes in the fundamental law may be brought about. e.g. Amendments or Revisions ART 17.
Reference:
www. Pinoylaw.net
Sandoval lecture notes
Nachura lecture notes