PHILIPPINE
CONSTITUTION
WHAT IS CONSTITUTION?
A constitution is a system for government ,
codified as written document, which
contains fundamental laws and principles . It
usually contains fundamental political
principle , and establishes the structure ,
procedures, powers and duties , of a
government.
THE CONSTITUTION OF THE PHILIPPINES
-Is the supreme law of the Philippines. The Constitution
currently in effect was inacted in 1987 , during in
administration of President Corazon C. Aquino , and is
popularly known as the 1987 Constitution.
Philippine constitutional law experts recognize three
other previous constitutions as having effectively
governed the country.
> the 1935 Commonwealth Constitution
> the 1973 Constitution , and
> the 1986 Freedom Constitution.
PREAMBLE OF THE 1987
CONSTITUTION
“We, the sovereign Filipino people ,imploring
the aid of Almighty God , in order to build a
just an humane society , and establish a
Government that shall embody our ideals
and aspirations , promote the 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
, do ordain and promulgate this
Constitution.”
EVOLUTION OF PHILIPPINE CONSTITUTION
MALOLOS CONSTITUTION (1899)
The first constitution of the Philippines, created in
Malolos, Bulacan.
Established the First Philippine Republic under Emilio
Aguinaldo.
Showed the independence and sovereignty of the Filipino
people from Spain.
Set up a democratic government with three branches:
executive, legislative, and judiciary.
Emphasized civil rights and liberties, such as freedom of
speech, religion, and the press
COMMONWEALTH GOVERNMENT(1935)
Enacted under President Manuel L. Quezon.
Aimed to prepare the Philippines for full independence
from the United States.
Adopted a presidential form of government, similar to the
U.S. system.
Included a Bill of Rights to protect citizens.
Served as the foundation of government until the Japanese
occupation.
JAPANESSE GOVERNMENT (1943)
Created during the Japanese occupation of the
Philippines.
Formed the Second Philippine Republic under
President Jose P. Laurel.
The government was controlled by Japan, not truly
independent.
Meant to show a “free” Philippines, but was actually
a puppet government.
MARCOS ADMINISTRATION (1973)
Implemented by President Ferdinand Marcos
during Martial Law.
Changed the system from presidential to
parliamentary government.
Gave the President extensive powers.
Many human rights violations occurred during this period.
Claimed to promote “social reform,” but was also used
to extend Marcos’ power.
FREEDOM CONSTITUTION (1986)
A temporary constitution after the fall of Marcos during
the EDSA People Power Revolution.
Signed by President Corazon Aquino.
Aimed to restore democracy and rebuild the
government.
Served as a transition while drafting the new 1987
Constitution.
PRESENT CONSTITUTION (1987)
Ratified under President Corazon Aquino.
The current constitution of the Philippines.
Established a democratic and republican government
with checks and balances.
Protects human rights and freedoms of all citizens.
Promotes justice, peace, and equality in society.
PARTS OF THE 1987 CONSTITUTION
The Constitution is divided into 18 parts, excluding the
Preamble,which are called [Link] Articles are as
follow:
Article | - National territory
Article || - Declaration of Principles and States Policies
Article ||| - Bill of Rights
Article |V - Citizenship
Article V - Suffrage
Article V| - Legislative Department
Article V|| - Executive Department
Article V||| - Judicial Department
Article |X - Constitutional Commossion
Article X - Local Governent
Article X| - Accountability of Public Officers
Article X|| - National Economy and Patrimony
Article X||| - Social Justice and Human Rights
Aricle X|V - Education,Science and
Technology,Arts,Culture and Sports
Article XV - The Family
Article XV| - General Privisions
Article XV|| - Amendments of Revisions
Article XV||| - Transtitory Provisions
Article |-National territory
Article I of the Philippine Constitution defines the
national territory as including the Philippine
archipelago and all islands within it, along with all
its terrestrial, fluvial, and aerial domains. It also
encompasses other territories under Philippine
sovereignty or jurisdiction, and specifies that the
waters around, between, and connecting the
islands are part of the country's internal waters.
The territory includes the territorial sea, seabed,
subsoil, insular shelves, and other submarine
areas.
Article || - Declaration of Principles and States
Policies
Article II lays out the basic social
and political creed of the
Philippines, particularly the
implementation of the constitution
and sets forth the objectives of the
government.
Article ||| - Bill of Rights
Article III enumerates specific
protections against the state
power, most of which are
similar to the provisions of the
U.S. Constitution. of public
concern
The Bill of Rights
Section 1. No person shall be deprived of life, liberty, or property
without due process of law, nor shall any person be denied the
equal protection of the laws.
Section 2. The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the
judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to
be seized.
Section 3. (1) The privacy of communication and
correspondence shall be inviolable except upon lawful order of
the court, or when public safety or order requires otherwise, as
prescribed by law. (2) Any evidence obtained in violation of this
or the preceding section shall be inadmissible for any purpose
in any proceeding.
Section 4. No law shall be passed abridging the freedom of
speech, of expression, or of the press, or the right of the people
peaceably to assemble and petition the government for redress
of grievances.
Section 5. No law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof. The free exercise and
enjoyment of religious profession and worship, Mithout
discrimination or preference, shall forever be allowed. No religious
test shall be required for the exercise of civil or political rights.
Section 6. The liberty of abode and of changing the same within
the limits prescribed by law shall not be impaired except upon
lawful order of the court. Neither shall the right to travel be
impaired except in the interest of national security, public safety,
or public health, as may be provided by law.
Section 7. The right of the people to information on matters of
public concern shall be recognized. Access to official records, and
to documents and papers pertaining to official acts, transactions,
or decisions, as well as to government research data used as basis
for policy development, shall be afforded the citizen, subject to
such limitations as may be provided by law.
Section 8. The right of the people, including those employed in the
public and private sectors, to form unions, associations, or
societies for purposes not contrary to law shall not be abridged.
Section 9. Private property shall not be taken for public use
without just compensation.
Section 10. No law impairing the obligation of contracts
shall be passed.
Section 11. Free access to the courts and quasi-judicial
bodies and adequate legal assistance shall not be denied to
any person by reason of poverty.
Section 12. (1) Any person under investigation for the commission
of an offense shall have the right to be informed of his right to
remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other
means which vitiate the free will shall be used against him. Secret
detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.
(3) Any confession or admission obtained in violation of this or
Section 17 hereof shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations
of this section as well as compensation to and rehabilitation of
Victims of moor similar planticals and thein families.
Section 13. All persons, except those charged with offenses
punishable by reclusion perpetua when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient sureties,
or be released on recognizance as may be provided by law. The
right to bail shall not be impaired even when the privilege of the
writ of habeas corpus is suspended. Excessive bail shall not be
required.
Section 14. (1) No person shall be held to answer for a criminal
offense without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and shall enjoy the right to
be heard by himself and counsel, to be informed of the nature
and cause of the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face to face, and
to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf. However,
after arraignment
Section 15. The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion when the
public safety requires it.
Section 16. All persons shall have the right to a speedy
disposition of their cases before all judicial, quasi-judicial, or
administrative bodies.
Section 17. No person shall be compelled to be a witness against
himself.
Section 18. (1) No person shall be detained solely by reason of his
political beliefs and aspirations. 8675 (2) No involuntary servitude
in any form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted.
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading
or inhuman punishment inflicted. Neither shall the death penalty be
imposed, unless, for compelling reasons involving heinous crimes, the
Congress hereafter provides for it. Any death penalty already imposed
shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment
against any prisoner or detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall be dealt with by law.
Section 20. No person shall be imprisoned for debt or non-payment of a
poll tax.
Section 21. No person shall be twice put in jeopardy of punishment for
the same offense. If an act is punished by a law and an ordinance,
conviction or acquittal under either shall constitute a bar to another
prosecution for the same act.
Section 22. No ex post facto law or bill of attainder shall be enacted.
Article |V - Citizenship
Article IV defines the citizenship of Filipinos. It enumerate
two kinds of citizens: natural-born citizens and naturalized
citizens. Natural-born citizens are those who are citizen
from birth without having to perform any act to acquire
perfect Philippine citizenship. The Philippines follows a jus
sanguinis system where citizenship is mainly acquired
through a blood relationship with Filipino citizens.
Natural-born citizenship forms an important part of the
political system as only natural-born Filipinos are eligible
to hold high offices, including all elective offices
beginning with a representative in the House of
Representatives up to the President.
Article V - Suffrage
Article V mandates various age and
residence qualification to vote and
a system of secret ballots and
absentee voting. Its also mandates
a procedure for overseas and
disabled and illiterate Filipinos to
vote.
Article V| - Legislative Department
Article VI provides for a bicameral
legislature called Congress composed of
the Senate and the House Representatives.
It vests upon Congress, among others, the
power of investigation and inquiry in aid of
legislation, the power to declare the
existence of a state of war, the power of the
purse, the power of taxation, and the power
of eminent domain.
Article V|| - Executive Department
Article VII provides for a presidential
form of government where the executive
power is vested on the President. It
provides for the qualification, terms of
office, election, and power and functions
of the President. It also provides for a
Vice President and for the presidential
line of succession.
Article V||| - Judicial Department
Article VIII vests the judicial power upon the
Supreme Court and other lower courts as may be
established by law Congress). While the power to
appoint justices and judges still reside with the
President, the President may only appoint
nominees pre-selected by the Judicial and Bar
Council, a body composed of the Chief Justice of
the Supreme Court, the Secretary of Justice, the
Chairs of the Senate and House Committees on
Justice, and representatives from the legal
profession.
Article |X - Constitutional
Commossion
Article IX establishes three
constitutional commissions:
the Civil Service Commission,
the Commission on Election
and the Commission on
Audit.
Article X - Local Governent
Article X pursues for local
autonomy and mandates
Congress to enact a law for the
local government, now
currently the Local
Government Code.
Article X| - Accountability of
Public Officers
Article XI. Accountability of Public
Office Section 1. Public office is a
public trust. Public officers employees
must, at all times, be accountable to
the people, serve them with utmost
responsibility, integrity, loyalty, and
efficiency; act with patriotism and
justice, and lead modest lives.
Article X|| - National Economy and
Patrimony
Article XII. National Economy and Patrimony
Section 1. The goals of the national economy
are equitable distribution of opportunities,
income, and wealt a sustained increase in the
amount of goods and services produced by the
nation for the benefit of the people; and an
expanding productivity as the key to raising the
quality of life for all, especially the
underprivileged.
Article X||| - Social Justice and
Human Rights
Section 1. The Congress shall give highest
priority to enactment of measures that protect
and enhance the right all the people to human
dignity, reduce social, economie, and political
inequalities, and remove cultural inequities by
equitably diffusing wealth and political power
for the common good. To this end, the State
shall regulate the acquisition, ownership, use,
and disposition of property and its increments.
Aricle X|V - Education,Science and
Technology,Arts,Culture and Sports
Section 1. The State shall protect
and promote the right of all
citizens to quality education at all
levels and shall take appropriate
steps to make such education
accessible to all.
Article XV - The Family
Section 1. The State recognizes
the Filipino family as the
foundation of the nation.
Accordingly, it shall strengthen
solidarity and actively promote
its total development.
Article XV| - General Privisions
Section 1. The flag of the
Philippines shall be red, white,
and blue, with a sun and three
stars, as consecrated and
honored by the people and
recognized by law.
Article XV|| - Amendments of
Revisions
Section 1. Any amendment to,
or revision of, Constitution may
be proposed by: (1) The
Congress, upon a vote of three-
fourths of all its Members; or
(2) A constitutional convention.
Article XV||| - Transtitory Provisions
Section 1. The first elections of Members of
the Congress under this Constitution shall be
held on the second Month of May, [Link]
first local elections shall be held on a date to
be determined by the President, which may
simultaneous with the election of the
Members of the Congress. It shall include the
election of all Members of the city or
municipal councils in the Metropolitan Manila
area.
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