REVIEWER IN POLITICAL LAW REVIEW

By: NSG

COMPARATIVE PRESENTATION OF THE PREAMBLES (1935, 1973

and 1987)

1935: 1973: 1987:

The Filipino people, We, the sovereign Filipino We, the sovereign Filipino
imploring the aid of Divine people, imploring the aid of people, imploring the aid of
Providence, in order to Divine Providence, in order Almighty God, in order to
establish a government that to establish a Government build a just and humane
shall embody their ideals, that shall embody our society and establish a
conserve and develop the ideals, promote the general Government that shall
patrimony of the nation, welfare, conserve and embody our ideals and
promote the general develop the patrimony of aspirations, promote the
welfare, and secure to our Nation, and secure to common good, conserve
themselves and their ourselves and our posterity and develop our patrimony,
posterity the blessings of the blessings of democracy and secure to ourselves and
independence under a under a regime of justice, our posterity the blessings
regime of justice, liberty, peace, liberty and equality, of independence and
and democracy, do ordain do ordain and promulgate democracy under the rule of
and promulgate this this Constitution. law and a regime of truth,
Constitution. justice, freedom, love,
equality and peace, do
ordain and promulgate this
Constitution.

NOTES:

• The present preamble aims not only to set up the structure of

government and the rules that shall govern such form of
government but it also aims to build a just and humane
society – an amendment introduced by Rene V. Sarmiento

• Who should build said just and humane society? – It shall

be the sovereign Filipino people basically through the facilities
and structures of government and through people’s
organizations.

• It is said that the Preamble is not a part of the Constitution nor a

source of rights. But it can certainly referred to in knowing the
aims or purposes of the Constitution.
• Dean Vicente Sinco: “The preamble performs a vital function
in the constitution. Its value is not merely formal but real and
substantive. It is to the constitution what the enacting clause is
to a statute. The authenticity of the authorship of the
constitution is made patent in the preamble. Without this or
something equivalent to it, the source of authority that gives
valid force to the constitutional mandates may lie concealed,
perhaps left to the dangers of uncertain conjectures.”

• The words “our ideals” are now read “ideals and aspirations”
– Jose N. Nolledo amendment. – To indicate that “aspirations”
cover the still unrealized dreams of the Filipinos which they will
work for.

• The words “general welfare” now read “common good”-

Bernardo Villegas, the word “general” being indicative of
exceptions.

• Thus, it was pointed out that “general welfare” should really

mean “ikabubuti ng nakakarami” while “common good” shall
mean “ikabubuti ng lahat”. Thus, all efforts and rules of the
society and government should be for the welfare of all, without
exceptions.

• “The patrimony of the Nation” now read “our patrimony”- to

make it more emphatic. A Nolledo amendment.

• “Blessings of Democracy”, now read “blessings of

independence and democracy” – An amendment made by
Edmundo Garcia – to underscore the importance of true
independence even in the presence of democratic beliefs and
practices.

• The new words “rule of law”- Introduced by Roberto

Concepcion and Ambrosio Padilla.

• “Truth”- now appears in the preamble, introduced by Crispino

de Castro- to emphasize the need to act on the basis of real
facts and figures to avoid distortions and misrepresentations as
well as to constitute a basis for various provisions on public
disclosures now found in different articles of the 1987 Phil. Const.

• Instead of “liberty” the word used in the new preamble is

“freedom” – a Braid and Nolledo amendment. Because
 “freedom” covers also freedom from fear and freedom from
want.

• “Love” is now found in the new preamble. An amendment by

Bishop Teodoro Bacani- to assert the need for love in the face
of divisions and discords that take place among our people
because of varying political and social beliefs, practices and
persuasions.

• “Imploring the aid of Almighty God, formerly, “Imploring the

aid of the Divine Providence” . to make the reference to God
more personal and direct. And by invoking God in the preamble,
Jose Laurel, Sr. said, The Filipino people thereby manifested
their intense religious nature and place unfaltering reliance upon
Him who guides the destinies of men and nations.” (Aglipay vs.
Ruiz, 64 Phil. 206)

• Preamble is not a source of rights or obligations. Jacobson vs.

Massachussetts, 197 US 11,22(1905): However, it sets down the
origin, scope, and purpose of the Constitution, it is useful as an
aid in ascertaining the meaning of ambiguous provisions in the
body of the Constitution. It is thus a source of light.
• The origin or authorship- is the will of the sovereign Filipino
people.
• Its scope and purpose is to build a just and humane society and
to establish a government that shall embody our ideals and
aspirations, promote common good, conserve and develop our
patrimony, and 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.”
• The significance of the use of “WE” (unlike in the 1935 which
was “The Filipino people”) is that it is first person. The first
person stresses the active and sovereign role of the Filipino
people as author of the Constitution. The language thus differs
from that of the 1935 Constitution which used the third person
“The Filipino people” thereby suggesting that another power was
merely announcing that the Filipinos were finally being allowed
to promulgate a Constitution.
• The significance of the specification of “equality” is that it
emphasizes that a major problem in the society is the prevalence
of gross economic and political inequalities.
 • The import of the rule of law is that, “ours is a government of law
and not of men”.

Additional Notes:

- The preamble may characterize the people of the country for

which the constitution is intended. The Constitution of Poland, for
example, gives a brief history of its people “under the leadership
of the heroic working class.”
- The preamble may show the people’s belief in God as in the case
of our preamble. The Constitution of Libya, for example begins
with: “In the name of God, the beneficent, the merciful” and it
ends with “trusting in God, Master of the Universe, do hereby
prepare and resolve this constitution for the Kingdom of Libya.”
- The Constitution of Switzerland begins with: “In the name of
Almighty God.”
- The Constitution of Iran begins with: “In the name of God, the
compassionate, the Most merciful”.

- The preamble may be short or long. In our case, it is just a short

paragraph. Indonesia and Japan’s preamble is a one page long.
The preamble of People’s Republic of China is about two pages.
And Algeria’s preamble is in more than two pages. The
preambles of some nations trace the history of their people
occupying quite a number of pages.

THE FOLLOWING ARE THE MEMBERS OF THE CONSTITUTIONAL

COMMISSION (1986):
1. ABUBAKAR, 13. COLAYCO, 25. NATIVIDAD, ROMULO,
Yusup R. Jose C. Teodulo Ricardo

2. ALONTO, 14. CONCEPCION, 26. NIEVA, Ma. ROSALES,

Ahmad Roberto Teresa Decoroso
Domocao
15. DAVIDE, 27. NOLLEDO, SARMIENTO,
3. AQUINO, Hilario G. Jose N. Rene V.
Felicitas S.
16. FOZ, Vicente B. 28. OPLE, Blas F. SUAREZ, Jose
4. AZCUNA, E
Adolfo S. 17. GARCIA, 29. PADILLA,
Edmundo Ambrosio SUMULONG,
5. BACANI, Lorenzo
Teodoro C. 18. GASCON, Jose 30. PALMA,
Luis Martin Cecilia Munoz TADEO, Jaime
6. BENGZON,
Jose F.S. Jr. 19. GUINGONA, 31. QUESADA, TAN, Christine
Serafin Minda Luz
7. BENNAGEN, TINGSON,
Ponciano L. 20. JAMIR, Alberto 32. RAMA, Gregorio
Napoleon G.
8. BERNAS, 21. LAUREL, Jose TRENAS,
Joaquin G B. Jr. 33. REGALADO, Efrain
Florenz
9. BRAID, 22. LERUM, UKA, Lugum
Florangel Eulogio 34. REYES,
Rosario Rustico F. VILLACORTA,
23. MAAMBONG, Wilfrido
10. BROCKA, Regalado 35. RIGOS, Cirilo
Lino O A. VILLEGAS,
(resigned as of 24. MONSOD, Bernardo
Sept. 1, 1986) Christian S. 36. RODRIGO,
Francisco
11. CALDERON,
Jose D.

12. CASTRO,
Crispino De M