GROUP 1

Custodio, Dela Cruz, Leyson, Magpusao,

Tumanon, Tumbagahan
 
THE PHILIPPINE
CONSTITUTION
 What is a constitution?

 a set of basic laws or principles
for a country that describe the
rights and duties of its citizens
and the way in which it is
governed.

 The term constitution refers to

the ―body of rules and
principles in accordance with
which the powers of
sovereignty is regularly
exercised.
 Etymology

 Latin word, ―Constituo‖ which means ―fixed‖,
―established‖ or ―settled‖
 
Nature and Purposes
 1. Serves as the supreme
and fundamental law.

 It is the charter creating the government.
 It is binding to all individual citizens and all organs
of the government.
 It is the law to which all other laws must conform.
 Is it the test of the legality of all governmental
actions.
 2. Establishes the basic framework and
principles of the government.

 Prescribes the permanent framework of the system
of government.
 Designed to protect and preserve the rights of the
citizens against the Powers of the State.
Typology of a Constitution

Based on Origin and History:

1. Conventional or enacted: one which is enacted by a

constituent assembly or granted by a monarch to his
subjects
2. Cumulative or evolved: one which is a product of a
long period of development originating in customs,
traditions, judicial decisions etc., rather than from
deliberate and formal enactment.
 Typology of a Constitution

As to Form:

1. Written constitution: one which has been given

definite form at a particular time, usually by a
specially constituted authority called a
―constitutional convention‖ or ―constitutional
commission‖.
2. Unwritten constitution: one which is entirely a
product of political evolution, consisting largely of a
mass of customs, usages and judicial decisions.
Typology of a Constitution

As to Manner of Ammendment:

1. Rigid or inelastic: one regarded as a document of

special sancity, which can not be amended or
altered except by some special machinery other than
ordinary legislative process.
2. Flexible or elastic: one which possesses no higher
legal authority than ordinary laws and which may
be altered in the same way as other laws.
 
 Thus, the 1987 Philippine Constitution is:
 Conventional
 Enacted
 Written
 Rigid and Inelastic
 Requisites of a Well-Written
Constitution

 BRIEF: because if a constitution is too detailed, it
would lose the advantage of a fundamental law. It
would never be understood by the public.
 BROAD: because a statement of the powers and
functions of government, and of the relations
between the governing body and the governed,
requires that it be as comprehensive as possible.
 DEFINITE: because otherwise the applications of its
provision to concrete situations may prove unduly
difficult if not impossible.
 Former Constitutions of
the Philippines

 The 1899 Malolos Constitution: approved by the Malolos Congress
on November 29, 1898, draft returned by President Aguinaldo on
December 1, 1898 for amendments, which the Congress refused;
approved by President Aguinaldo on December 23, 1898; formally
adopted by the Malolos Congress on January 20, 1899, promulgated
by President Emilio Aguinaldo on January 21, 1899.

 The 1935 Constitution: as approved by the 1934 Constitutional

Convention on February 8, 1935, certified by the President of the
United States on March 25, 1935, and ratified by plebiscite on May
14, 1935.
 The 1943 Constitution: as approved by the Preparatory Committee
on Philippine Independence, September 4, 1943 and ratified by the
KALIBAPI Convention, September 7, 1943.

 The 1973 Constitution: draft presented to President Marcos by the

1971 Constitutional Convention on December 1, 1972; deemed
ratified by Citizens‘ Assemblies held from January 10 to 15, 1973,
proclaimed in force by Proclamation by President Marcos, January
17, 1973.

 The 1986 Freedom Constitution: promulgated by Presidential

Proclamation, March 25, 1986.

 The 1987 Constitution: National Plebiscite was held on February 2,

1987, ratifying the new constitution. On February 11, 1987, by virtue
of Proclamation No. 58, President Aquino announced the official
canvassing of results and the ratification of the draft constitution
 EVOLUTION OF THE
CONSITUTION

 The Philippines has had a total of six constitutions
since the Proclamation of Independence on June 12,
1898. In 1899, the Malolos Constitution, the first
Philippine Constitution—the first republican
constitution in Asia—was drafted and adopted by
the First Philippine Republic, which lasted from 1899
to 1901.
 During the American Occupation, the Philippines was
governed by the laws of the United States of America.
Organic Acts were passed by the United States Congress
for the administration of the Government of the
Philippine Islands. The first was the Philippine Organic
Act of 1902, which provided for a Philippine Assembly
composed of Filipino citizens. The second was the
Philippine Autonomy Act of 1916, which included the
first pledge of Philippine independence. These laws
served as constitutions of the Philippines from 1902 to
1935.
 
 In 1934, the United States Congress passed the
Philippine Independence Act, which set the parameters
for the creation of a constitution for the Philippines.
The Act mandated the Philippine Legislature to call for
an election of delegates to a Constitutional Convention
to draft a Constitution for the Philippines.
 The 1934 Constitutional Convention finished its work on
February 8, 1935. The Constitution was submitted to the
President of the United States for certification on March
25, 1935. It was in accordance with the Philippine
Independence Act of 1934. The 1935 Constitution was
ratified by the Filipino people through a national
plebiscite, on May 14, 1935 and came into full force and
effect on November 15, 1935 with the inauguration of
the Commonwealth of the Philippines.
 
 During World War II the Japanese-sponsored
government nullified the 1935 Constitution and
appointed Preparatory Committee on Philippine
Independence to replace it. The 1943 Constitution
was used by the Second Republic with Jose P. Laurel
as President.
 
 Before President Marcos declared Martial Law, a
Constitutional Convention was already in the
process of deliberating on amending or revising the
1935 Constitution. They finished their work and
submitted it to President Marcos on December 1,
1972. President Marcos submitted it for ratification in
early January of 1973.
 
 Foreseeing that a direct ratification of the
constitution was bound to fail, Marcos issued
Presidential Decree No. 86, s. 1972, creating citizens
assemblies to ratify the newly drafted constitution by
means of a Viva Voce vote in place of secret ballots.
Marcos announced that it had been ratified and in
full force and effect on January 17, 1973.
 
 Although the 1973 Constitution had been ―ratified‖
in this manner, opposition against it continued. Chief
Justice Roberto V. Concepcion in his dissenting
opinion in the case of Javellana v. Executive
Secretary, exposed the fraud that happened during
the citizen‘s assembly ratification of the 1973
Constitution on January, 10 – 15, 1973.
 
 However, the final decision of this case was that the
ratification of the 1973 Constitution was valid and
was in force.
 
 When democracy was restored in 1986, President
Corazon C. Aquino issued Proclamation No. 3,
suspending certain provisions of the 1973
Constitution and promulgating in its stead a
transitory constitution.
 
 A month later, President Aquino issued
Proclamation No. 9, s. 1986, which created a
Constitutional Commission tasked with writing a
new charter to replace the 1973 Constitution. The
commission finished its work at 12:28 a.m. of
October 16, 1986. National Plebiscite was held on
February 2, 1987, ratifying the new constitution.
 
 On February 11, 1987, by virtue of Proclamation No. 58,
President Aquino announced the official canvassing of
results and the ratification of the draft constitution. The
1987 Constitution finally came into full force and effect
that same day with the President, other civilian officials,
and members of the Armed Forces swearing allegiance
to the new charter.

 

CONTENTS
 Preamble
 ARTICLE I National Territory
 ARTICLE II Declaration of Principles and State Policies
 ARTICLE III Bill of Rights
 ARTICLE IV Citizenship
 ARTICLE V Suffrage
 ARTICLE VI Legislative Department
 ARTICLE VII Executive Department
 ARTICLE VIII Judicial Department
 ARTICLE IX Constitutional Commissions
 ARTICLE X Local Government
 ARTICLE XI Accountability of Public Officers
 ARTICLE XII National Economy and Patrimony
 ARTICLE XIII Social Justice and Human Rights
 ARTICLE XIV Education, Science and Technology, Arts, Culture
and Sports
 ARTICLE XV The Family
 ARTICLE XVI General Provisions
 ARTICLE XVII Amendments or Revisions
 ARTICLE XVIII Transitory Provisions
 Preamble

 From latin of ―preambulare‖ which means ―to walk
before‖.
 It is the introduction of the main subject.
 It is the prologue of the constitution

 
The Philippine State
 State

A community of PERSONS, more or less numerous,
permanently occupying a definite portion of
TERRITORY, independent of external control and
possessing a government to which a great body of
inhabitants render HABITUAL OBEDIENCE.
 4 ELEMENTS OF STATE:

1. The state is made up of PEOPLE – must be
sufficient number as to sustain themselves.
2. The TERRITORY – a state needs to have a well
defined area that it can call as its own. Article 1
3. The GOVERNMENT – The agency or
instrumentality through which the will of the state
is formulated, expressed and realized.
4. SOVEREIGNTY – or supreme and uncontrollable
power inherent in a state by which the state is
governed.
Declaration of Principles
and State Policies

Art. 2 Sec. 1. The Philippines is a democratic and
republican State. Sovereignty resides in the people and
all government authority emanates from them.

A democratic and republican state.

- States that the Philippines is a democratic state.
 Origin of Democratic State

 United States colonized the Philippines in 1898
 the elite and the educated benefitted most from the
system instituted by the US
 Filipinos worked in the American administration and
quickly came to value the concept of self-government
 US decided to institute its policy of ‗Filipinisation‘-the
elite was ready to assume positions vacated
 Commonwealth came into existence - political parties
were formed, most of the population was educated into
accepting the principles of democracy
 Origins of the Philippine Republic

 Known as the First Philippine Republic or Malolos
Republic
 Established after the Philippine Revolution against
Spanish Empire – Spanish – American War.
 Following the American victory at the Battle of Manila
Bay, Aguinaldo returned to the Philippines – issued the
Declaration of Independence on June 12, 1898
 Spain sold the Phil. To US. – making US formally the
Philppines colonial power.
 Malolos Constitution establishing the First Phil. Republic
the following month.
 Definition

A republic by definition is a form of government where
governing the country is a matter of public interest
instead of the private concern of a ruling dynasty that
inherits its political power from their ancestors
(monarchs). People in power get there through a
system that is meant to include the interests of every
citizen.
A democracy is a type of government where all the
citizens of the country have a say in the governance of
the country — typically by majority vote to elect
representatives who have their best interests in mind.
Democratic State Republican State
sovereignty resides in the people affirmed that
and the Filipino people their government would be
exercise political power a government of the people,
by the people and for the
people.

people manifested their

dislike for an People have established the
authoritarian rule. government to govern
themselves.
 Manifestations of a democratic
and republican state:

 The existence of a bill of rights.
 The observance of the rule of majority.
 The observance of the principle that ours is the
government of laws and not of men.
 The presence of elections through popular will.
 
 The observance of the principle of separation of
powers and the system of checks and balances.
 The observance of the principle that the legislature
cannot pass irreparable laws.
 The observance of the law on public officers.
 The observance of the principle that the State cannot
be sued without its consents.
 Philippines Republican
Democratic

SOVEREIGNTY
 The Existence of the  The System of Checks
Bill of Rights and Balances
 The Rule of Law  Public Office is a Public
 Election Through PRINCIPLES Trust
Popular Will  The Legislative cannot
 Separation of pass irreparable laws
Powers RESIDES  The Rule Against Undue
Delegation of
Legislative Power
PEOPLE

 TRUTH FREEDOM
 JUSTICE POLITICAL VALUES AND
 LOVE EQUALITY

SET A NAME

AUTHORITY

GOVERNMENT
 
The Philippine National
Territory
 What is a territory?

 Territory is the fixed portion of the surface of the
earth inhabited by the people of the State.
 
Components of Territory
 Land mass (terrestrial domain)

 Refers to the land whether agricultural, forest or
timber, mineral lands, and national parks under
sovereignty and jurisdiction of the Philippines.
 Inland and external waters
(maritime and fluvial domain)

 Refers to internal or national water and external or
territorial waters, over which the Philippines
exercises jurisdiction
 Air space above the land and
waters (aerial domain)

 Refers to the air space above the territorial lands and
waters of the Philippines but excluding the outer
space.
 NECESSITY OF PROVISION
DEFINING NATIONAL TERRITORY

 Most of the states which have written constitutions
do not have their constitutions provisions defining
their national territorial boundaries. The reason for
this is that a constitution binds only the State
promulgating it. However, the inclusion of Article 1
in the Constitution serves the following purposes:
 
1. It gives notice to the whole world what we claim as
our national territory and over which we assert title
or ownership; and
2. It spells out the archipelago principle which the
Philippines have steadfastly adopt in international
conferences on the law of the sea.
 
SECTION 1 OF THE 1987
PHILIPPINE
CONSTITUTION
 SECTION 1. The national territory comprises the
Philippine archipelago, with all the islands and waters
embraced therein, and all other territories over which
the Philippines has sovereignty or jurisdiction,
consisting of its terrestrial, fluvial, and aerial domains,
including its territorial sea, the seabed, the subsoil, the
insular shelves, and other submarine areas. The waters
around, between and connecting the islands of the
archipelago, regardless of their breadth and dimensions,
for part of the internal waters of the Philippines.
 NATIONAL TERRITORY OF
THE PHILIPPINES

As provided in Article 1, it comprises:
1. The Philippine archipelago with all the islands and
waters embraced therein;
2. All other territories which the Philippines has
sovereignty or jurisdiction;
3. The terrestrial, fluvial and aerial domains including
the territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas; and
4. The internal waters.


THE PHILIPPINE ARCHIPELAGO

The term ―archipelago‖ has been defined as a sea or
part of the sea studded with islands; large group of
islands in an extensive body of water, such as sea.
The Philippine Archipelago referred to in Article 1 are
the islands embraced in the treaties entered into
between the United States and Spain on December
10, 1898 (Treaty of Paris) and November 7, 1900.
ARCHIPELAGO PRINCIPLE

The last sentence of Article 1 spells out the archipelago
principle which the Philippines have elevated to the
United Nations on February 5, 1973.
 1. Determination of national
territory.

According to this principle, the baseline from which the
territorial sea of an archipelago is to be determined
consists of straight lines joining appropriate points of
the outermost islands and drying reefs of the
archipelago. Connected baselines are, therefore,
drawn to enclose the entire archipelago.
 2. Rationale of principles

 Even a twelve-mile, however, is still unacceptable to
the Philippines which has extensive coastlines. We
have large bodies of water like the Sibuyan Sea
separating the Visayas from Luzon, the Sulu and the
Mindanao Seas separating Mindanao from Visayas,
and the Mindanao Strait and the Sulu Sea isolating
Palawan from the rest of the archipelago,
 
and to apply the rule would still make the middle of
these waters international waters or high seas which
may be used by any foreign power for fishing
purposes or where warships of even unfriendly
nations can enter and stay with perfect legal right to
do so.
 
THREE-FOLD DIVISION OF
NAVIGABLE WATERS
 1. Inland or internal waters.

 They are the parts of the sea within the land
territory. They are considered in the same light as
river, canals, and lakes within the land territory of a
State. They are sometimes called national waters;
 2. Territorial sea

 It is the belt of water outside and parallel to the
coastline or the outer limits of the inland or internal
waters; and
 3. High or open seas.

 They are waters that lie seaward of the territorial sea.
No country has jurisdiction over the high seas.
 
The Philippine
Government
 BRIEF HISTORY
Pre-Spanish (before 1521)

 The Barangays
 Unit of government structures before Spain colonized the
Philippines, headed by Datu.
 Datus were called Cabeza de Barangay during the Spanish period.
 He governs the barangays using native rules, which are customary
and unwritten.
Two codes during this period:
1. the Maragtas Code issued by Datu Sumakwel of Panay Island
2. Code of Kalantiao issued by Datu Kalantiano in 1433.
 Just like many ancient societies, trial by ordeal was practiced.
Spanish period (1521-1898)

 Magellan discovered the Philippines - Mactan Island
(Cebu) on March 16, 1521.
 Royal decrees, Spanish laws, and/or special issuances of
special laws for the Philippines were extended to the
Philippines from Spain by the Spanish Crown through the
councils.
 Governor-general - The chief legislator, exercises
legislative functions by promulgating executive decrees,
edicts or ordinances with the force of law.
 Royal Audencia, or Spanish Supreme Court - also
exercised legislative functions when laws are passed in
the form of autos accordados.
Spanish period (1521-1898)

Philippine Republic
 between the Spanish and the American period.
 Philippine Independence - Kawit , Cavite on June 12, 1898.
 The Malolos Congress also known as Assembly of the
Representatives, revolutionary in nature, was convened on
September 15, 1898.
 Malolos Constitution - the first Philippine Constitution,
approved on January 20, 1899.
 General Emilio Aguinaldo was the President and
 Don Gracio Gonzaga as the Chief Justice.
 A Republic, although with de facto authority, was in force until
the start of the American Sovereignty when the Treaty of Paris
was signed on December 10, 1898.
 American period (1898-
1946)

 - Started after the Battle of Manila Bay - Spain ceded
the Philippines to the United States upon the signing
of the Treaty of Paris on December 10, 1898.
 - A military government, military governor as the
chief executive exercising executive, legislative and
judicial functions.
 - Legislative function was transferred to the
Philippine Commission in 1901,
 - United States President as commander-in-chief of
the Armed forces
 American period (1898-
1946)

 - Philippine Bill of 1902 - established the First Philippine
Assembly, which convened on October 16, 1907.
 - Jones law provided for the establishment of a bicameral
legislative body on October 16, 1916
 - Philippine Constitution on February 8, 1935, signed by
U.S. President Franklin Delano Roosevelt on March 23,
1935 and ratified at a plebiscite held on May 14, 1935.
 - Japanese period (1941-1944)
 Started: Bombing of Clark Field, on December 8, 1941,
Lasted three years, ended in 1944
 Republic period (1946-
1972)

 - July 4, 1946 was the inauguration of Philippine
independence.
 - republic means a government by the people and
sovereignty resides in the entire people as a body politic.
 - provided for the establishment of three co-equal
branches of government. Executive power rests in the
President, legislative power in two Houses of Congress
and judicial power in the Supreme Court, and inferior
courts. Separation of powers is recognized.
 - 1972-1986 - Martial law
 - 1986-present – Republic Revival
 The Philippine
Government

 The Philippines is a republic with a presidential form
of government wherein power is equally divided
among its three branches: executive, legislative, and
judicial.
 One basic corollary in a presidential system of
government is the principle of separation of powers
wherein legislation belongs to Congress, execution to
the Executive, and settlement of legal controversies
to the Judiciary.
 
The Legislative branch is authorized to make
laws, alter, and repeal them through the
power vested in the Philippine Congress.
This institution is divided into the Senate and
the House of Representatives.
 
 The Executive branch carries out laws. It is
composed of the President and the Vice President
who are elected by direct popular vote and serve a
term of six years. The Constitution grants the
President authority to appoint his Cabinet. These
departments form a large portion of the country‘s
bureaucracy.
 
 The Judicial branch evaluates laws. It holds the
power to settle controversies involving rights that
are legally demandable and enforceable. This branch
determines whether or not there has been a grave
abuse of discretion amounting to lack or excess of
jurisdiction on the part and instrumentality of the
government. It is made up of a Supreme Court and
lower courts.
 
 Each branch of government can change acts of the
other branches as follows:
 The President can veto laws passed by Congress.
 Congress confirms or rejects the President's
appointments and can remove the President from
office in exceptional circumstances.
 The Justices of the Supreme Court, who can overturn
unconstitutional laws, are appointed by the President
and confirmed by the Senate.
 
 The Philippine government seeks to act in the best
interests of its citizens through this system of checks
and balances.
 The Constitution expressly grants the Supreme
Court the power of Judicial Review as the power to
declare a treaty, international or executive
agreement, law, presidential decree, proclamation,
order, instruction, ordinance or regulation
unconstitutional.
Legislative Department

 The Legislative Branch enacts legislation, confirms or
rejects Presidential appointments, and has the
authority to declare war. This branch includes
Congress (the Senate and House of Representatives)
and several agencies that provide support services to
Congress.
 Senate – The Senate shall be composed of twenty-
four Senators who shall be elected at large by the
qualified voters of the Philippines, as may be
provided by law.
 
 House of Representatives – The House of
Representatives shall be composed of not more than
two hundred and fifty members, unless otherwise
fixed by law, who shall be elected from legislative
districts apportioned among the provinces, cities,
and the Metropolitan Manila area in accordance with
the number of their respective inhabitants, and on
the basis of a uniform and progressive ratio, and
those who, as provided by law, shall be elected
through a party-list system of registered national,
regional, and sectoral parties or organizations.
 
 The party-list representatives shall constitute twenty
per cent of the total number of representatives
including those under the party list. For three
consecutive terms after the ratification of this
Constitution, one-half of the seats allocated to party-
list representatives shall be filled, as provided by
law, by selection or election from the labor, peasant,
urban poor, indigenous cultural communities,
women, youth, and such other sectors as may be
provided by law, except the religious sector.
 Executive Department

 The executive branch carries out and enforces laws.
It includes the President, Vice President, the Cabinet,
executive departments, independent agencies, and
other boards, commissions, and committees.
 Key roles of the executive branch include:
 
 President – The President leads the country. He/she is the head
of state, leader of the national government, and Commander in
Chief of all armed forces of the Philippines. The President
serves a six-year term and cannot be re-elected.
 Vice President – The Vice President supports the President. If
the President is unable to serve, the Vice President becomes
President. He/she serves a six-year term.
 The Cabinet – Cabinet members serve as advisors to the
President. They include the Vice President and the heads of
executive departments. Cabinet members are nominated by the
President and must be confirmed by the Commission of
Appointments.
 Judicial Department

 The judicial branch interprets the meaning of laws, applies laws
to individual cases, and decides if laws violate the Constitution.
The judicial power shall be vested in one Supreme Court and in
such lower courts as may be established by law.
 Judicial power includes the duty of the courts of justice to settle
actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or not
there has been a grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch or
instrumentality of the Government. The judicial branch
interprets the meaning of laws, applies laws to individual cases,
and decides if laws violate the Constitution.
 
System of Government
under 1987 Constitution



Constitutional Commissions

Civil Service Commission
 Act No. 5 (1900), reorganized as a Bureau in 1905 and
established in the 1935 Constitution as Civil Service
Commission (RA 2260)
Commission on Elections
 Created by a 1940 amendment to the 1935 Constitution
whose primary function is to manage to maintain its
authority and independence in the conduct of elections,
exercises administrative, quasi-judicial and judicial
powers.
 It was however decreased to seven with a term of seven
years without re-appointment by the 1987 Constitution.
Constitutional Commissions

Commission on Audit
 Examine, audit and settle all accounts pertaining to the
revenue and receipts of and expenditures or uses of
funds and property owned or held in trust by or
pertaining to the Government including government
owned and controlled corporations with original
charters.
The Bangko Sentral ng Pilipinas
 is considered as a constitutional office in the official
Philippine government directory.
 Local Governments

 Each territorial or political subdivision enjoys local
autonomy as defined in the Constitution. The
President exercises supervision over local
Governments.
 SThe Barangay is the smallest local government unit
which is created, divided, merged, abolished or its
boundary altered by law or by an ordinance of the
sangguniang panlalawigan or sangguniang
panlunsod, subject to the approval of majority votes
casts in a plebiscite conducted by the Comelec.
Other Government Agencies

Commission on Human Rights
 for cases of violation of the human rights (Art. XIII,
sec. 17). Specific powers and duties are expressly
provided for by section 18 of the 1987 Constitution. It
is composed of a Chairperson and four (4) members
Office of the Ombudsman
 protectors of the people for they are tasked to act
promptly on complaints filed against public officials
or employees of the government including
government owned and controlled corporations (Art.
XI, sec. 12).
 References

 https://www.officialgazette.gov.ph/constitutions/1
987-constitution/

 https://www.officialgazette.gov.ph/constitutions/

 https://www.officialgazette.gov.ph/constitutions/c
onstitution-day/