WE, THE SOVEREIGN FILIPINO PEOPLE, IMPLORING THE AID OF ALMIGHTY GOD, IN ORDER TO BUILD A JUST AND HUMANE SOCIETY AND ESTABLISH A GOVERNMENT THAT SHALL EMBODY OUR IDEALS AND APIRATIONS, PROMOTE THE COMMON GOOD, CONSERVE AND DEVELOP OUR PATRIMONY, THE BLESSINGS OF INDEPENDENCE AND DEMOCRACY UNDER THE RULE OF LAW AND REGIME OF TRUTH, JUSTICE, FREEDOM, LOVE, EQUALITY, AND PEACE, DO ORDAIN AND PROMULGATE THIS CONSTITUTUION.
MEANING OF PREAMBLE
The term preamble is derived from the Latin preambulare which means “to walk before”. It is an introduction to the main subject. It is the prologue of the Constitution. PREAMBLE NOT ESSENTIAL IN A CONSTITUTION
Technical speaking, the Preamble forms no integral part of the Constitution. Of itself alone, it cannot be invoked as a source of private right enforceable by the courts or any governmental power not expressly granted or at least, clearly implied there from. It is significant to note, I owever, that a majority of the constitutions of the world contain a Preamble. OBJECT AND VALVE OF PREAMBLE
(1) SETS DOWN ORIGIN AND PURPOSES – While a preamble is not a necessary part of a constitution, it is advisable to have one. In the case of the Constitution of the Philippines, It serves two very important ends: A. It tells us who are the authors of the Constitution and for whom it has been promulgated; and B. It states the general purposes w/c are intended to be achieved by the Constitution and the government established under it, and certain basic principles underlying the fundamental charter. (2) MAY SERVE AS AN AID IN INTERPRETATION – The Preamble has a value for purposes of construction. The statement of the general purposes may be resorted to as an aid in determining the meaning of vague or ambiguous provision of the Constitution proper. By the way of illustration, the government is w/out power to impose taxes for private purpose because according to the preamble it is established for public purpose – the promotion of the common good and not for private purpose. SOURCE OF THE CONSTITUTION’S AUTHORITY
(1) THE FILIPINO PEOPLE – the constitutional begins and ends w/ the words, “WE, THE SOVEREIGN FILIPINO PEOPLE, IMPLORING THE AID OF ALMIGHTY GOD………., DO ORDAIN AND PROMULGATE THIS CONSTITUTION”. Thus, the Filipino people themselves (not just their representatives) are the source from w/c the constitution comes and being so, it is the supreme law of the land. The preamble retains the use of the term “Filipino people” to signify their oneness and solidarity. It is different from the term “people of the Philippines” w/c may refer to the entire body of inhabitants, a mere “aggrupation (group)” of the individual, including aliens. (2) A SOVEREIGN PEOPLE – the Constitution calls the Filipinos people “sovereign”. The first person approach consisting of the use of the pronouns “we” and “our” has been retained instead of the impersonal third person approach (i.e. “the Filipino people” and “their”) in the Preamble of the 1935 Constitution. The intention is to stress that the Filipino people in ordaining and promulgating the Constitution do so on their own authority as a sovereign people and not by virtue of the authority or permission given by a superior foreign power. BELIEF IN GOD STRESSED
Our Preamble is in the form of a collective prayer. The Filipinos are intensely religious people. In imploring the aid of the almighty God, they declare and affirm their belief in the existence of a Supreme Being that guides the destinies of men and nations. They recognize the fact that w/ the help of God they will be able to achieve the ideals and aspirations to w/c they are committed. In the sense, they acknowledge God as the source of their authority. The Philippines is a predominantly Christian nation. ATTAINMENT OF THE CONSTITUTIONAL...