PREAMBLE

“ The Filipino can hold his own in fair competition against all races.”

PREAMBLE

From the Latin word PREAMBULARE – “to walk before.”

It is the PROLOGUE of the Constitution

Preamble NOT ESSENTIAL in a constitution

• Of itself alone, it cannot be invoked as a source of private right enforceable by the courts or of any governmental power not expressly granted or at least, clearly implied therefrom.

• Majority of the constitutions of the world contain a preamble.

1. Sets down origin and purposes of the Constitution*tells who are the authors of the Constitution and for whom it has been promulgated; states the general purposes which are intended to be achieved by the constitution and the gov’t established under it, and certain basic principles underlying the fundamental charter.

2. May serve as an aid in its interpretation*the gov’t is without power to impose taxes for private

purpose because according to the preamble it is established for public purpose, NOT for private one.

OBJECT AND VALUE OF PREAMBLE

SOURCE OF CONSTITUTION’S AUTHORITY

• The Filipino people

• A sovereign people

• Our Preamble is in the form of a collective prayer

- we affirm our belief in he existence of a Supreme Being that guides the destinies of men and nations.

• Acknowledging God as the source of authority.

BELIEF IN GOD STRESSED

NATIONAL PURPOSES AND AIMS IN ADOPTING THE CONSTITUTION

1. To build a just and humane society2. To establish a government that shalla. Embody our ideals and aspirationsb. Promote the common goodc. Conserve and developed our patrimony; andd. Secure to ourselves and our posterity the blessings

of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace.

CHANGES IN THE CONSTITUTION

“ I enter the future remembering the past.”

CHANGES1. Consists of 75 words (15 more words than that of the

1973 Constitution)2. The phrase “Almighty God replaced “Divine

providence” (1935 & 1973)3. Common Good (to refer to all the people) in place of

“general welfare” (not inclusive as it may be interpreted to refer only to the welfare of the greater majority (even to the great prejudice of the minority)

4. Freedom instead of liberty (it does not cover freedom from want, fear and ignorance

OTHER AMENDMENTS

a. To build a just and humane society-where inequalities or inequities in any form do

not exist in our societyb. The rule of lawc. Aspirations – unrealized dreams of the nation-as distinguished from “ideals” which refer to

accepted norms and sentiments

d. truth• To emphasize the constitutional policy of

transparency in the administration of the government.

e. Love• Can be read as “human fraternity” or

“brotherhood”

INDEPENDENCE (1935 C)• Changed to “democracy” (1973 C) stess our

being an independent nation, “free to build and chart our own destiny, in our own time and in our own way.”

• Independence denotes the idea of a colonial status (which was existing at the time of the adoption of the 1935 C)

Insertion of the words PEACE and EQUALITY (1973 C)

• Continued to be emphasized in the new Charter of the egalitarian objectives of our society.