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1987 Constitution

*The Constitution is the fundamental law of the land. It establishes the basic framework and
underlying principles of government. It expresses the aspirations/will of the people.
*The drafters of the constitution are the Filipino people (through their representatives)
*Ways to draft constitution:
Constitutional Commission ( e.g. 1987 Constitution – there were 48 members)
Constitutional Convention (Malolos Constitution)
*A drafted constitution is ratified by the people through a PLEBISCITE
*Amendment to, revision of, the Constitution may be proposed by Congress upon a vote of two-
thirds of all its members or through a constitutional convention.
Total Number of Law Makers
Senators = 24
Congressmen = 250 (maximum)
a. District representatives (80%)
b. Sectoral representatives/ partylists (20%)
Articles of the 1987 constitution
Article 1 National Territory
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, form part of the internal waters of the Philippines.
An archipelagic state is any internationally recognized state or country that comprises a series of
islands that form an archipelago. The term is defined by the United Nations Convention on the
Law of the Sea in order to define what borders such states should be allowed to claim.
In various conferences of the United Nations on the Law of the Sea (UNCLOS), Fiji, Indonesia,
Papua New Guinea, the Bahamas, and the Philippines are the five sovereign states that obtained
approval in the UN Convention on the Law of the Sea (UNCLOS) held in Montego Bay, Jamaica
on December 10, 1982 and qualified as archipelagic states.[2]
Archipelagic states are states that are composed of groups of islands forming a state as a single
unit, with the islands and the waters within the baselines as internal waters. Under this concept
("archipelagic doctrine"), an archipelago shall be regarded as a single unit, so that the waters
around, between, and connecting the islands of the archipelago, irrespective of their breadth and
dimensions, form part of the internal waters of the state, and are subject to its exclusive
sovereignty.
Articles of the 1987 constitution
Article 2 Declaration of Principles and State Policies
Article 2 – Declaration of principles and state policies
Sec 1: The Philippines is a democratic and republican state. Sovereignty resides in the people
and all government authority emanates from them.
Sec 2: The Phil Renounces war as an instrument of national policy…
Aggressive vs. defensive war…
Which department declares a state of war?
*Congress by a 2/3rd vote
Article 2
Sec 3. Civilian authority is, at all time, supreme over the military.
*The commander in chief of the Military is a civilian>President of the Phil.
Sec 6. The Separation of Church and State shall be inviolable
*Our constitution and laws exempt from taxation properties devoted exclusively to religious
purposes
Articles of the 1987 constitution
Article 3 Bill of Rights
Article 3: bill of rights
Classification of constitutional rights
Article 3 : BiLL of rights
Due Process of Law - any deprivation of life, liberty, or property by the State is with due process
if it is done:
Under the authority of a law that is valid;
After compliance with fair and reasonable methods of procedure by law
Article 3, Sec 9:
Section: Private property shall not be taken for public use without just compensation.
Inherent powers of the government
Article 3, Sec 14
Right to presumption of innocence:
1. A safeguard against false conviction
2. Requirement of proof of guilt beyond reasonable doubt.
Article 3, sec
Search and Seizures
Who determines the probable cause?
**Judge
Article 3
Meaning of right of privacy:
the right to be left alone; the right of a person to be free from undesirable publicity…
Article 3, section 17
“No person shall be compelled to be a witness against himself.”
**Right against self-incrimination
Article 3 Sec 21
Right against double jeopardy
Article 3 section 22
No ex factor law or bill of attainder shall be enacted
An ex post facto law is one that operates retrospectively
Bill of attainder is a legislative act which inflicts punishment without a judicial trial.
Article v - suffrage
Section 1. Suffrage may be exercised by all citizens of the Philippines, not otherwise disqualified
by law, who are at least eighteen years of age, and who shall have resided in the Philippines for
at least one year and in the place wherein they propose to vote, for at least six months
immediately preceding the election. No literacy, property, or other substantive requirement shall
be imposed on the exercise of suffrage.
Article v - suffrage
Suffrage is the right and obligation to vote qualified citizens in the election of certain national and
local officers of the govt and in the decision of public questions submitted to the people.
Scope
Three branches of the government
Article 7: Legislative Department
Section 1: Section 1. The legislative power shall be vested in the Congress of the Philippines
which shall consist of a Senate and a House of Representatives, except to the extent reserved to
the people by the provision on initiative and referendum.
Legislative power is the authority to make laws, and when the need arises, to alter and to repeal
them.
*Bicameralism
Principles of checks and balance
Terms of office
Article 6, Section 12
All Members of the Senate and the House of Representatives shall, upon assumption of office,
make a full disclosure of their financial and business interests. They shall notify the House
concerned of a potential conflict of interest that may arise from the filing of a proposed legislation
of which they are authors.
*SALN
*Promotion of high standard of integrity in Congress
*Potential conflict of interest
Article 6, Section 23 (1-2)
(1) The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting
separately, shall have the sole power to declare the existence of a state of war.
(2) In times of war or other national emergency, the Congress may, by law, authorize the
President, for a limited period and subject to such restrictions as it may prescribe, to exercise
powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn
by resolution of the Congress, such powers shall cease upon the next adjournment thereof.
**Aggressive VS Defensive war
Legislative Department
Article vii – executive department
The executive power shall be vested in the President of the Philippines.
Executive power is the power to administer the laws.
*President is the Chief Executive
*Vice President
May be appointed as a member of the cabinet, such appointment requires no confirmation.
Article VII
Powers of the President:
Appointing power
Removal Power
Power of control (over all executive departments, bureaus and offices)
Power to insure that the laws be faithfully executed
Military power (President is the commander in Chief of the AFP)
power to suspend the privilege of writ of habeas corpus
power to declare martial law (60 days)
6. Pardoning power
reprieves, commutations, pardons, remit fines and forfeitures, grant amnesty
Article VIII- judicial department
Section 1. 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.
Judicial power- is the power and duty of courts of justice to interpret and to apply the laws to
contests or disputes concerning legally recognized rights or duties between the State and private
persons, etc.
Article viii
Composition of the Supreme Court
Chief Justice (Ma Lourdes Sereno)
Associate Justices (14)
15 – sitting en banc
Divisions:
3,5,7 ( why odd number?)
Article ix constitutional commission
Section 1. The Constitutional Commissions, which shall be independent, are the Civil Service
Commission, the Commission on Elections, and the Commission on Audit.
Civil Service means that that professional body of men and women who have made of the
government service a lifetime career. (HRD of the government)
Expected behaviors
Politically neutral (own merit not through political spoils)
Servants of the state and not the agents of any political group.
Article XI – Accountability of public officers
1. Public office is a public trust. Public officers and 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.
Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members
of the Constitutional Commissions, and the Ombudsman may be removed from office on
impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft
and corruption, other high crimes, or betrayal of public trust. All other public officers and
employees may be removed from office as provided by law, but not by impeachment.
Grounds for impeachment
Culpable violation of the Constitution
Treason
Bribery
Graft and Corruption
Other high crimes
Betrayal of public trust
Article XI
Impeachment is a method of national inquest into the conduct of public men.
Officials removable by impeachment.
President and Vice President
Members of the Supreme Court
Members of the Constitutional Commissions
The Ombudsman
Article xi
Section 3. (1) The House of Representatives shall have the exclusive power to initiate all cases
of impeachment.. (6) The Senate shall have the sole power to try and decide all cases of
impeachment. (7) Judgment in cases of impeachment shall not extend further than removal from
office and disqualification to hold any office under the Republic of the Philippines, but the party
convicted shall nevertheless be liable and subject to prosecution, trial, and punishment,
according to law.
Section 4. The present anti-graft court known as the Sandiganbayan shall continue to function
and exercise its jurisdiction as now or hereafter may be provided by law.
Sandigan bayan
*anti-graft court
Section 5. There is hereby created the independent Office of the Ombudsman, composed of the
Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy each for
Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment may likewise be
appointed.
Section 17. A public officer or employee shall, upon assumption of office and as often thereafter
as may be required by law, submit a declaration under oath of his assets, liabilities, and net
worth. In the case of the President, the Vice-President, the Members of the Cabinet, the
Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices,
and officers of the armed forces with general or flag rank, the declaration shall be disclosed to
the public in the manner provided by law.
Other articles of the constitution
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 and Revisions
Article XVIII- Transitory Provisions
Article XVI – General Provisions

Article XVII- Amendments and Revisions

Article XVII – amendments or revision


Section 1. Any amendment to, or revision of, this Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of all its Members; or
(2) A constitutional convention.
Section 2. Amendments to this Constitution may likewise be directly proposed by the people
through initiative upon a petition of at least twelve per centum of the total number of registered
voters, of which every legislative district must be represented by at least three per centum of the
registered voters therein. No amendment under this section shall be authorized within five years
following the ratification of this Constitution nor oftener than once every five years thereafter.
The Congress shall provide for the implementation of the exercise of this right.
Article XVII – amendments or revision
Section 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional
convention, or by a majority vote of all its Members, submit to the electorate the question of
calling such a convention.
Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be
valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier
than sixty days no later than ninety days after the approval of such amendment or revision.
Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes
cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after
the certification by the Commission on Elections of the sufficiency of the petition.
1987 Constitution
*The Constitution is the fundamental law of the land. It establishes the basic framework and
underlying principles of government. It expresses the aspirations/will of the people.
*The drafters of the constitution are the Filipino people (through their representatives)
*Ways to draft constitution:
Constitutional Commission ( e.g. 1987 Constitution – there were 48 members)
Constitutional Convention (Malolos Constitution)
*A drafted constitution is ratified by the people through a PLEBISCITE
*Amendment to, revision of, the Constitution may be proposed by Congress upon a vote of two-
thirds of all its members or through a constitutional convention.
Total Number of Law Makers
Senators = 24
Congressmen = 250 (maximum)
a. District representatives (80%)
b. Sectoral representatives/ partylists (20%)
Articles of the 1987 constitution
Article 1 National Territory
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, form part of the internal waters of the Philippines.
An archipelagic state is any internationally recognized state or country that comprises a series of
islands that form an archipelago. The term is defined by the United Nations Convention on the
Law of the Sea in order to define what borders such states should be allowed to claim.
In various conferences of the United Nations on the Law of the Sea (UNCLOS), Fiji, Indonesia,
Papua New Guinea, the Bahamas, and the Philippines are the five sovereign states that obtained
approval in the UN Convention on the Law of the Sea (UNCLOS) held in Montego Bay, Jamaica
on December 10, 1982 and qualified as archipelagic states.[2]
Archipelagic states are states that are composed of groups of islands forming a state as a single
unit, with the islands and the waters within the baselines as internal waters. Under this concept
("archipelagic doctrine"), an archipelago shall be regarded as a single unit, so that the waters
around, between, and connecting the islands of the archipelago, irrespective of their breadth and
dimensions, form part of the internal waters of the state, and are subject to its exclusive
sovereignty.
Articles of the 1987 constitution
Article 2 Declaration of Principles and State Policies
Article 2 – Declaration of principles and state policies
Sec 1: The Philippines is a democratic and republican state. Sovereignty resides in the people
and all government authority emanates from them.
Sec 2: The Phil Renounces war as an instrument of national policy…
Aggressive vs. defensive war…
Which department declares a state of war?
*Congress by a 2/3rd vote
Article 2
Sec 3. Civilian authority is, at all time, supreme over the military.
*The commander in chief of the Military is a civilian>President of the Phil.
Sec 6. The Separation of Church and State shall be inviolable
*Our constitution and laws exempt from taxation properties devoted exclusively to religious
purposes
Articles of the 1987 constitution
Article 3 Bill of Rights
Article 3: bill of rights
Classification of constitutional rights
Article 3 : BiLL of rights
Due Process of Law - any deprivation of life, liberty, or property by the State is with due process
if it is done:
Under the authority of a law that is valid;
After compliance with fair and reasonable methods of procedure by law
Article 3, Sec 9:
Section: Private property shall not be taken for public use without just compensation.
Inherent powers of the government
Article 3, Sec 14
Right to presumption of innocence:
1. A safeguard against false conviction
2. Requirement of proof of guilt beyond reasonable doubt.
Article 3, sec
Search and Seizures
Who determines the probable cause?
**Judge
Article 3
Meaning of right of privacy:
the right to be left alone; the right of a person to be free from undesirable publicity…
Article 3, section 17
“No person shall be compelled to be a witness against himself.”
**Right against self-incrimination
Article 3 Sec 21
Right against double jeopardy
Article 3 section 22
No ex factor law or bill of attainder shall be enacted
An ex post facto law is one that operates retrospectively
Bill of attainder is a legislative act which inflicts punishment without a judicial trial.
Article v - suffrage
Section 1. Suffrage may be exercised by all citizens of the Philippines, not otherwise disqualified
by law, who are at least eighteen years of age, and who shall have resided in the Philippines for
at least one year and in the place wherein they propose to vote, for at least six months
immediately preceding the election. No literacy, property, or other substantive requirement shall
be imposed on the exercise of suffrage.
Article v - suffrage
Suffrage is the right and obligation to vote qualified citizens in the election of certain national and
local officers of the govt and in the decision of public questions submitted to the people.
Scope
Three branches of the government
Article 7: Legislative Department
Section 1: Section 1. The legislative power shall be vested in the Congress of the Philippines
which shall consist of a Senate and a House of Representatives, except to the extent reserved to
the people by the provision on initiative and referendum.
Legislative power is the authority to make laws, and when the need arises, to alter and to repeal
them.
*Bicameralism
Principles of checks and balance
Terms of office
Article 6, Section 12
All Members of the Senate and the House of Representatives shall, upon assumption of office,
make a full disclosure of their financial and business interests. They shall notify the House
concerned of a potential conflict of interest that may arise from the filing of a proposed legislation
of which they are authors.
*SALN
*Promotion of high standard of integrity in Congress
*Potential conflict of interest
Article 6, Section 23 (1-2)
(1) The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting
separately, shall have the sole power to declare the existence of a state of war.
(2) In times of war or other national emergency, the Congress may, by law, authorize the
President, for a limited period and subject to such restrictions as it may prescribe, to exercise
powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn
by resolution of the Congress, such powers shall cease upon the next adjournment thereof.
**Aggressive VS Defensive war
Legislative Department
Article vii – executive department
The executive power shall be vested in the President of the Philippines.
Executive power is the power to administer the laws.
*President is the Chief Executive
*Vice President
May be appointed as a member of the cabinet, such appointment requires no confirmation.
Article VII
Powers of the President:
Appointing power
Removal Power
Power of control (over all executive departments, bureaus and offices)
Power to insure that the laws be faithfully executed
Military power (President is the commander in Chief of the AFP)
power to suspend the privilege of writ of habeas corpus
power to declare martial law (60 days)
6. Pardoning power
reprieves, commutations, pardons, remit fines and forfeitures, grant amnesty
Article VIII- judicial department
Section 1. 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.
Judicial power- is the power and duty of courts of justice to interpret and to apply the laws to
contests or disputes concerning legally recognized rights or duties between the State and private
persons, etc.
Article viii
Composition of the Supreme Court
Chief Justice (Ma Lourdes Sereno)
Associate Justices (14)
15 – sitting en banc
Divisions:
3,5,7 ( why odd number?)
Article ix constitutional commission
Section 1. The Constitutional Commissions, which shall be independent, are the Civil Service
Commission, the Commission on Elections, and the Commission on Audit.
Civil Service means that that professional body of men and women who have made of the
government service a lifetime career. (HRD of the government)
Expected behaviors
Politically neutral (own merit not through political spoils)
Servants of the state and not the agents of any political group.
Article XI – Accountability of public officers
1. Public office is a public trust. Public officers and 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.
Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members
of the Constitutional Commissions, and the Ombudsman may be removed from office on
impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft
and corruption, other high crimes, or betrayal of public trust. All other public officers and
employees may be removed from office as provided by law, but not by impeachment.
Grounds for impeachment
Culpable violation of the Constitution
Treason
Bribery
Graft and Corruption
Other high crimes
Betrayal of public trust
Article XI
Impeachment is a method of national inquest into the conduct of public men.
Officials removable by impeachment.
President and Vice President
Members of the Supreme Court
Members of the Constitutional Commissions
The Ombudsman
Article xi
Section 3. (1) The House of Representatives shall have the exclusive power to initiate all cases
of impeachment.. (6) The Senate shall have the sole power to try and decide all cases of
impeachment. (7) Judgment in cases of impeachment shall not extend further than removal from
office and disqualification to hold any office under the Republic of the Philippines, but the party
convicted shall nevertheless be liable and subject to prosecution, trial, and punishment,
according to law.
Section 4. The present anti-graft court known as the Sandiganbayan shall continue to function
and exercise its jurisdiction as now or hereafter may be provided by law.
Sandigan bayan
*anti-graft court
Section 5. There is hereby created the independent Office of the Ombudsman, composed of the
Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy each for
Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment may likewise be
appointed.
Section 17. A public officer or employee shall, upon assumption of office and as often thereafter
as may be required by law, submit a declaration under oath of his assets, liabilities, and net
worth. In the case of the President, the Vice-President, the Members of the Cabinet, the
Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices,
and officers of the armed forces with general or flag rank, the declaration shall be disclosed to
the public in the manner provided by law.
Other articles of the constitution
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 and Revisions
Article XVIII- Transitory Provisions
Article XVI – General Provisions

Article XVII- Amendments and Revisions

Article XVII – amendments or revision


Section 1. Any amendment to, or revision of, this Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of all its Members; or
(2) A constitutional convention.
Section 2. Amendments to this Constitution may likewise be directly proposed by the people
through initiative upon a petition of at least twelve per centum of the total number of registered
voters, of which every legislative district must be represented by at least three per centum of the
registered voters therein. No amendment under this section shall be authorized within five years
following the ratification of this Constitution nor oftener than once every five years thereafter.
The Congress shall provide for the implementation of the exercise of this right.
Article XVII – amendments or revision
Section 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional
convention, or by a majority vote of all its Members, submit to the electorate the question of
calling such a convention.
Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be
valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier
than sixty days no later than ninety days after the approval of such amendment or revision.
Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes
cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after
the certification by the Commission on Elections of the sufficiency of the petition.
1987 Constitution
*The Constitution is the fundamental law of the land. It establishes the basic framework and
underlying principles of government. It expresses the aspirations/will of the people.
*The drafters of the constitution are the Filipino people (through their representatives)
*Ways to draft constitution:
Constitutional Commission ( e.g. 1987 Constitution – there were 48 members)
Constitutional Convention (Malolos Constitution)
*A drafted constitution is ratified by the people through a PLEBISCITE
*Amendment to, revision of, the Constitution may be proposed by Congress upon a vote of two-
thirds of all its members or through a constitutional convention.
Total Number of Law Makers
Senators = 24
Congressmen = 250 (maximum)
a. District representatives (80%)
b. Sectoral representatives/ partylists (20%)
Articles of the 1987 constitution
Article 1 National Territory
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, form part of the internal waters of the Philippines.
An archipelagic state is any internationally recognized state or country that comprises a series of
islands that form an archipelago. The term is defined by the United Nations Convention on the
Law of the Sea in order to define what borders such states should be allowed to claim.
In various conferences of the United Nations on the Law of the Sea (UNCLOS), Fiji, Indonesia,
Papua New Guinea, the Bahamas, and the Philippines are the five sovereign states that obtained
approval in the UN Convention on the Law of the Sea (UNCLOS) held in Montego Bay, Jamaica
on December 10, 1982 and qualified as archipelagic states.[2]
Archipelagic states are states that are composed of groups of islands forming a state as a single
unit, with the islands and the waters within the baselines as internal waters. Under this concept
("archipelagic doctrine"), an archipelago shall be regarded as a single unit, so that the waters
around, between, and connecting the islands of the archipelago, irrespective of their breadth and
dimensions, form part of the internal waters of the state, and are subject to its exclusive
sovereignty.
Articles of the 1987 constitution
Article 2 Declaration of Principles and State Policies
Article 2 – Declaration of principles and state policies
Sec 1: The Philippines is a democratic and republican state. Sovereignty resides in the people
and all government authority emanates from them.
Sec 2: The Phil Renounces war as an instrument of national policy…
Aggressive vs. defensive war…
Which department declares a state of war?
*Congress by a 2/3rd vote
Article 2
Sec 3. Civilian authority is, at all time, supreme over the military.
*The commander in chief of the Military is a civilian>President of the Phil.
Sec 6. The Separation of Church and State shall be inviolable
*Our constitution and laws exempt from taxation properties devoted exclusively to religious
purposes
Articles of the 1987 constitution
Article 3 Bill of Rights
Article 3: bill of rights
Classification of constitutional rights
Article 3 : BiLL of rights
Due Process of Law - any deprivation of life, liberty, or property by the State is with due process
if it is done:
Under the authority of a law that is valid;
After compliance with fair and reasonable methods of procedure by law
Article 3, Sec 9:
Section: Private property shall not be taken for public use without just compensation.
Inherent powers of the government
Article 3, Sec 14
Right to presumption of innocence:
1. A safeguard against false conviction
2. Requirement of proof of guilt beyond reasonable doubt.
Article 3, sec
Search and Seizures
Who determines the probable cause?
**Judge
Article 3
Meaning of right of privacy:
the right to be left alone; the right of a person to be free from undesirable publicity…
Article 3, section 17
“No person shall be compelled to be a witness against himself.”
**Right against self-incrimination
Article 3 Sec 21
Right against double jeopardy
Article 3 section 22
No ex factor law or bill of attainder shall be enacted
An ex post facto law is one that operates retrospectively
Bill of attainder is a legislative act which inflicts punishment without a judicial trial.
Article v - suffrage
Section 1. Suffrage may be exercised by all citizens of the Philippines, not otherwise disqualified
by law, who are at least eighteen years of age, and who shall have resided in the Philippines for
at least one year and in the place wherein they propose to vote, for at least six months
immediately preceding the election. No literacy, property, or other substantive requirement shall
be imposed on the exercise of suffrage.
Article v - suffrage
Suffrage is the right and obligation to vote qualified citizens in the election of certain national and
local officers of the govt and in the decision of public questions submitted to the people.
Scope
Three branches of the government
Article 7: Legislative Department
Section 1: Section 1. The legislative power shall be vested in the Congress of the Philippines
which shall consist of a Senate and a House of Representatives, except to the extent reserved to
the people by the provision on initiative and referendum.
Legislative power is the authority to make laws, and when the need arises, to alter and to repeal
them.
*Bicameralism
Principles of checks and balance
Terms of office
Article 6, Section 12
All Members of the Senate and the House of Representatives shall, upon assumption of office,
make a full disclosure of their financial and business interests. They shall notify the House
concerned of a potential conflict of interest that may arise from the filing of a proposed legislation
of which they are authors.
*SALN
*Promotion of high standard of integrity in Congress
*Potential conflict of interest
Article 6, Section 23 (1-2)
(1) The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting
separately, shall have the sole power to declare the existence of a state of war.
(2) In times of war or other national emergency, the Congress may, by law, authorize the
President, for a limited period and subject to such restrictions as it may prescribe, to exercise
powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn
by resolution of the Congress, such powers shall cease upon the next adjournment thereof.
**Aggressive VS Defensive war
Legislative Department
Article vii – executive department
The executive power shall be vested in the President of the Philippines.
Executive power is the power to administer the laws.
*President is the Chief Executive
*Vice President
May be appointed as a member of the cabinet, such appointment requires no confirmation.
Article VII
Powers of the President:
Appointing power
Removal Power
Power of control (over all executive departments, bureaus and offices)
Power to insure that the laws be faithfully executed
Military power (President is the commander in Chief of the AFP)
power to suspend the privilege of writ of habeas corpus
power to declare martial law (60 days)
6. Pardoning power
reprieves, commutations, pardons, remit fines and forfeitures, grant amnesty
Article VIII- judicial department
Section 1. 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.
Judicial power- is the power and duty of courts of justice to interpret and to apply the laws to
contests or disputes concerning legally recognized rights or duties between the State and private
persons, etc.
Article viii
Composition of the Supreme Court
Chief Justice (Ma Lourdes Sereno)
Associate Justices (14)
15 – sitting en banc
Divisions:
3,5,7 ( why odd number?)
Article ix constitutional commission
Section 1. The Constitutional Commissions, which shall be independent, are the Civil Service
Commission, the Commission on Elections, and the Commission on Audit.
Civil Service means that that professional body of men and women who have made of the
government service a lifetime career. (HRD of the government)
Expected behaviors
Politically neutral (own merit not through political spoils)
Servants of the state and not the agents of any political group.
Article XI – Accountability of public officers
1. Public office is a public trust. Public officers and 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.
Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members
of the Constitutional Commissions, and the Ombudsman may be removed from office on
impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft
and corruption, other high crimes, or betrayal of public trust. All other public officers and
employees may be removed from office as provided by law, but not by impeachment.
Grounds for impeachment
Culpable violation of the Constitution
Treason
Bribery
Graft and Corruption
Other high crimes
Betrayal of public trust
Article XI
Impeachment is a method of national inquest into the conduct of public men.
Officials removable by impeachment.
President and Vice President
Members of the Supreme Court
Members of the Constitutional Commissions
The Ombudsman
Article xi
Section 3. (1) The House of Representatives shall have the exclusive power to initiate all cases
of impeachment.. (6) The Senate shall have the sole power to try and decide all cases of
impeachment. (7) Judgment in cases of impeachment shall not extend further than removal from
office and disqualification to hold any office under the Republic of the Philippines, but the party
convicted shall nevertheless be liable and subject to prosecution, trial, and punishment,
according to law.
Section 4. The present anti-graft court known as the Sandiganbayan shall continue to function
and exercise its jurisdiction as now or hereafter may be provided by law.
Sandigan bayan
*anti-graft court
Section 5. There is hereby created the independent Office of the Ombudsman, composed of the
Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy each for
Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment may likewise be
appointed.
Section 17. A public officer or employee shall, upon assumption of office and as often thereafter
as may be required by law, submit a declaration under oath of his assets, liabilities, and net
worth. In the case of the President, the Vice-President, the Members of the Cabinet, the
Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices,
and officers of the armed forces with general or flag rank, the declaration shall be disclosed to
the public in the manner provided by law.
Other articles of the constitution
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 and Revisions
Article XVIII- Transitory Provisions
Article XVI – General Provisions

Article XVII- Amendments and Revisions

Article XVII – amendments or revision


Section 1. Any amendment to, or revision of, this Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of all its Members; or
(2) A constitutional convention.
Section 2. Amendments to this Constitution may likewise be directly proposed by the people
through initiative upon a petition of at least twelve per centum of the total number of registered
voters, of which every legislative district must be represented by at least three per centum of the
registered voters therein. No amendment under this section shall be authorized within five years
following the ratification of this Constitution nor oftener than once every five years thereafter.
The Congress shall provide for the implementation of the exercise of this right.
Article XVII – amendments or revision
Section 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional
convention, or by a majority vote of all its Members, submit to the electorate the question of
calling such a convention.
Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be
valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier
than sixty days no later than ninety days after the approval of such amendment or revision.
Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes
cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after
the certification by the Commission on Elections of the sufficiency of the petition.
1987 Constitution
*The Constitution is the fundamental law of the land. It establishes the basic framework and
underlying principles of government. It expresses the aspirations/will of the people.
*The drafters of the constitution are the Filipino people (through their representatives)
*Ways to draft constitution:
Constitutional Commission ( e.g. 1987 Constitution – there were 48 members)
Constitutional Convention (Malolos Constitution)
*A drafted constitution is ratified by the people through a PLEBISCITE
*Amendment to, revision of, the Constitution may be proposed by Congress upon a vote of two-
thirds of all its members or through a constitutional convention.
Total Number of Law Makers
Senators = 24
Congressmen = 250 (maximum)
a. District representatives (80%)
b. Sectoral representatives/ partylists (20%)
Articles of the 1987 constitution
Article 1 National Territory
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, form part of the internal waters of the Philippines.
An archipelagic state is any internationally recognized state or country that comprises a series of
islands that form an archipelago. The term is defined by the United Nations Convention on the
Law of the Sea in order to define what borders such states should be allowed to claim.
In various conferences of the United Nations on the Law of the Sea (UNCLOS), Fiji, Indonesia,
Papua New Guinea, the Bahamas, and the Philippines are the five sovereign states that obtained
approval in the UN Convention on the Law of the Sea (UNCLOS) held in Montego Bay, Jamaica
on December 10, 1982 and qualified as archipelagic states.[2]
Archipelagic states are states that are composed of groups of islands forming a state as a single
unit, with the islands and the waters within the baselines as internal waters. Under this concept
("archipelagic doctrine"), an archipelago shall be regarded as a single unit, so that the waters
around, between, and connecting the islands of the archipelago, irrespective of their breadth and
dimensions, form part of the internal waters of the state, and are subject to its exclusive
sovereignty.
Articles of the 1987 constitution
Article 2 Declaration of Principles and State Policies
Article 2 – Declaration of principles and state policies
Sec 1: The Philippines is a democratic and republican state. Sovereignty resides in the people
and all government authority emanates from them.
Sec 2: The Phil Renounces war as an instrument of national policy…
Aggressive vs. defensive war…
Which department declares a state of war?
*Congress by a 2/3rd vote
Article 2
Sec 3. Civilian authority is, at all time, supreme over the military.
*The commander in chief of the Military is a civilian>President of the Phil.
Sec 6. The Separation of Church and State shall be inviolable
*Our constitution and laws exempt from taxation properties devoted exclusively to religious
purposes
Articles of the 1987 constitution
Article 3 Bill of Rights
Article 3: bill of rights
Classification of constitutional rights
Article 3 : BiLL of rights
Due Process of Law - any deprivation of life, liberty, or property by the State is with due process
if it is done:
Under the authority of a law that is valid;
After compliance with fair and reasonable methods of procedure by law
Article 3, Sec 9:
Section: Private property shall not be taken for public use without just compensation.
Inherent powers of the government
Article 3, Sec 14
Right to presumption of innocence:
1. A safeguard against false conviction
2. Requirement of proof of guilt beyond reasonable doubt.
Article 3, sec
Search and Seizures
Who determines the probable cause?
**Judge
Article 3
Meaning of right of privacy:
the right to be left alone; the right of a person to be free from undesirable publicity…
Article 3, section 17
“No person shall be compelled to be a witness against himself.”
**Right against self-incrimination
Article 3 Sec 21
Right against double jeopardy
Article 3 section 22
No ex factor law or bill of attainder shall be enacted
An ex post facto law is one that operates retrospectively
Bill of attainder is a legislative act which inflicts punishment without a judicial trial.
Article v - suffrage
Section 1. Suffrage may be exercised by all citizens of the Philippines, not otherwise disqualified
by law, who are at least eighteen years of age, and who shall have resided in the Philippines for
at least one year and in the place wherein they propose to vote, for at least six months
immediately preceding the election. No literacy, property, or other substantive requirement shall
be imposed on the exercise of suffrage.
Article v - suffrage
Suffrage is the right and obligation to vote qualified citizens in the election of certain national and
local officers of the govt and in the decision of public questions submitted to the people.
Scope
Three branches of the government
Article 7: Legislative Department
Section 1: Section 1. The legislative power shall be vested in the Congress of the Philippines
which shall consist of a Senate and a House of Representatives, except to the extent reserved to
the people by the provision on initiative and referendum.
Legislative power is the authority to make laws, and when the need arises, to alter and to repeal
them.
*Bicameralism
Principles of checks and balance
Terms of office
Article 6, Section 12
All Members of the Senate and the House of Representatives shall, upon assumption of office,
make a full disclosure of their financial and business interests. They shall notify the House
concerned of a potential conflict of interest that may arise from the filing of a proposed legislation
of which they are authors.
*SALN
*Promotion of high standard of integrity in Congress
*Potential conflict of interest
Article 6, Section 23 (1-2)
(1) The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting
separately, shall have the sole power to declare the existence of a state of war.
(2) In times of war or other national emergency, the Congress may, by law, authorize the
President, for a limited period and subject to such restrictions as it may prescribe, to exercise
powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn
by resolution of the Congress, such powers shall cease upon the next adjournment thereof.
**Aggressive VS Defensive war
Legislative Department
Article vii – executive department
The executive power shall be vested in the President of the Philippines.
Executive power is the power to administer the laws.
*President is the Chief Executive
*Vice President
May be appointed as a member of the cabinet, such appointment requires no confirmation.
Article VII
Powers of the President:
Appointing power
Removal Power
Power of control (over all executive departments, bureaus and offices)
Power to insure that the laws be faithfully executed
Military power (President is the commander in Chief of the AFP)
power to suspend the privilege of writ of habeas corpus
power to declare martial law (60 days)
6. Pardoning power
reprieves, commutations, pardons, remit fines and forfeitures, grant amnesty
Article VIII- judicial department
Section 1. 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.
Judicial power- is the power and duty of courts of justice to interpret and to apply the laws to
contests or disputes concerning legally recognized rights or duties between the State and private
persons, etc.
Article viii
Composition of the Supreme Court
Chief Justice (Ma Lourdes Sereno)
Associate Justices (14)
15 – sitting en banc
Divisions:
3,5,7 ( why odd number?)
Article ix constitutional commission
Section 1. The Constitutional Commissions, which shall be independent, are the Civil Service
Commission, the Commission on Elections, and the Commission on Audit.
Civil Service means that that professional body of men and women who have made of the
government service a lifetime career. (HRD of the government)
Expected behaviors
Politically neutral (own merit not through political spoils)
Servants of the state and not the agents of any political group.
Article XI – Accountability of public officers
1. Public office is a public trust. Public officers and 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.
Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members
of the Constitutional Commissions, and the Ombudsman may be removed from office on
impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft
and corruption, other high crimes, or betrayal of public trust. All other public officers and
employees may be removed from office as provided by law, but not by impeachment.
Grounds for impeachment
Culpable violation of the Constitution
Treason
Bribery
Graft and Corruption
Other high crimes
Betrayal of public trust
Article XI
Impeachment is a method of national inquest into the conduct of public men.
Officials removable by impeachment.
President and Vice President
Members of the Supreme Court
Members of the Constitutional Commissions
The Ombudsman
Article xi
Section 3. (1) The House of Representatives shall have the exclusive power to initiate all cases
of impeachment.. (6) The Senate shall have the sole power to try and decide all cases of
impeachment. (7) Judgment in cases of impeachment shall not extend further than removal from
office and disqualification to hold any office under the Republic of the Philippines, but the party
convicted shall nevertheless be liable and subject to prosecution, trial, and punishment,
according to law.
Section 4. The present anti-graft court known as the Sandiganbayan shall continue to function
and exercise its jurisdiction as now or hereafter may be provided by law.
Sandigan bayan
*anti-graft court
Section 5. There is hereby created the independent Office of the Ombudsman, composed of the
Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy each for
Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment may likewise be
appointed.
Section 17. A public officer or employee shall, upon assumption of office and as often thereafter
as may be required by law, submit a declaration under oath of his assets, liabilities, and net
worth. In the case of the President, the Vice-President, the Members of the Cabinet, the
Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices,
and officers of the armed forces with general or flag rank, the declaration shall be disclosed to
the public in the manner provided by law.
Other articles of the constitution
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 and Revisions
Article XVIII- Transitory Provisions
Article XVI – General Provisions

Article XVII- Amendments and Revisions

Article XVII – amendments or revision


Section 1. Any amendment to, or revision of, this Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of all its Members; or
(2) A constitutional convention.
Section 2. Amendments to this Constitution may likewise be directly proposed by the people
through initiative upon a petition of at least twelve per centum of the total number of registered
voters, of which every legislative district must be represented by at least three per centum of the
registered voters therein. No amendment under this section shall be authorized within five years
following the ratification of this Constitution nor oftener than once every five years thereafter.
The Congress shall provide for the implementation of the exercise of this right.
Article XVII – amendments or revision
Section 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional
convention, or by a majority vote of all its Members, submit to the electorate the question of
calling such a convention.
Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be
valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier
than sixty days no later than ninety days after the approval of such amendment or revision.
Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes
cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after
the certification by the Commission on Elections of the sufficiency of the petition.