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1987

PHILIPPINE
CONSTITUTION
Summary of the Salient Points and Features

Atty. John Angel N. Bautista


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HAPPY READING!
PRELIMINARIES
NATURE AND HISTORY OF THE
PHILIPPINE CONSTITUTION

The Constitution is the Supreme Law


of the Land
As such, all laws must conform to the Constitution.
NATURE AND HISTORY OF THE
PHILIPPINE CONSTITUTION
History
Note: These are the
1899 Malolos Constitution officially recognized
versions, although
there had been other
1935 Commonwealth Constitution Constitutions.

1973 Constitution

1986 Freedom Constitution

1987 Philippine Constitution


NATURE AND HISTORY OF THE
PHILIPPINE CONSTITUTION
Key Points:
1. There are various Constitutions which, although used in certain points in our history,
were not recognized by the Philippine Government. These include the Biak-na-Bato
Constitution during the latter part of the Spanish colonization and the 1943
Constitution during the short-lived Japanese Occupation.
2. The 1986 Constitution was a transitionary constitution. It abolished in part the 1973
Constitution because this was the very constitution which allowed for the Martial
Law Regime of President Marcos.
3. The 1987 Constitution instituted safeguards to limit the president’s power in terms of
length of service (no re-election) and use of martial law powers (the grounds for
declaring martial law are very restricted).
4. The 1987 Constitution was made through a Constitutional Convention composed of
law makers, lawyers, businessmen, members of the clergy, etc.
NATURE AND HISTORY OF THE
PHILIPPINE CONSTITUTION
Contents of the 1987 Constitution
PREAMBLE ARTICLE XI Accountability of Public Officers
ARTICLE I National Territory ARTICLE XII National Economy and Patrimony
ARTICLE II Declaration of Principles and State ARTICLE XIII Social Justice and Human
Policies Rights
ARTICLE III Bill of Rights ARTICLE XIV Education, Science and
ARTICLE IV Citizenship Technology, Arts, Culture and Sports
ARTICLE V Suffrage ARTICLE XV The Family
ARTICLE VI Legislative Department ARTICLE XVI General Provisions
ARTICLE VII Executive Department ARTICLE XVII Amendments or Revisions
ARTICLE VIII Judicial Department ARTICLE XVIII Transitory Provisions
ARTICLE IX Constitutional Commissions
ARTICLE X Local Government
MORE RESOURCES HERE:
1. https://www.facebook.com/batasforeveryjuan/posts/104340127902213
2. https://www.facebook.com/batasforeveryjuan/posts/106592124343680
Article I: NATIONAL TERRITORY

Key Points:
• The Philippines is an archipelago (group of islands surrounded by water)
• The territory includes the three domains: terrestrial (land), fluvial (water), and aerial
(air) domains.
• According to the UNCLOS, the following are the maritime zones and their breadths:
• Territorial Sea (12 nautical miles from low tide mark)
• Contiguous zone (24 n.m.)
• Exclusive Economic Zone (EEZ) (200 n.m.)
Article II: DECLARATION OF
PRINCIPLES AND STATE POLICIES
Key Points:
1. The Philippines is a democratic (because there is election, genuine political participation,
human rights, etc.) and republican (because we are represented by elected officials)
2. Renunciation of war as an instrument of national policy (means we cannot engage in
aggressive war)
3. Civilian authority (as opposed to military. The President, the Commander-in-Chief of the
AFP, is a civilian)
4. Separation of Church and State (the State cannot interfere with religious affairs)
5. Protection of the family (balancing the rights of mother and unborn children)
6. Comprehensive rural development and agrarian reform (giving land to landless farm
workers and families)
7. Honesty and integrity in the public service
8. Prohibition against political dynasties
MORE RESOURCES HERE:
1. https://www.facebook.com/batasforeveryjuan/posts/117894839880075
Article IV: CITIZENSHIP

WHO ARE FILIPINO CITIZENS?


• Those who are citizens of the Philippines at the time of the adoption of this
Constitution;
• Those whose fathers or mothers are citizens of the Philippines;
• Those born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority; and
• Those who are naturalized in accordance with law.

Jus soli – one’s citizenship is determined by her/his place of birth (soil)


Jus sanguinis – one;s citizenship is determined based on parents’ citizenship (blood)
Naturalization – grant of Filipino citizenship to a foreigner
Dual citizenship – occurs when the citizenship rules of two countries are in conflict.
Article V: SUFFRAGE
Right to Vote

REQUIREMENTS
• At least eighteen years of age
• Resident in the Philippines for at least one year
• Resident in the place wherein they propose to vote for at least six months
immediately preceding the election.

Absentee voting – a system where registered voters outside the territorial jurisdiction of
the Philippines (due to the increasing number of OFWs)
Ballot secrecy – a principle where the ballot, as the manifestation of one’s voice, shall
remain a secret.
Article III: BILL OF
RIGHTS
DUE PROCESS & EQUAL
PROTECTION

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.

Due process requires two things: notice and opportunity to be heard


Valid classification – an exception to the rule on equal protection; must
conform to the following: a. there must be substantial distinction; b. the
purpose must be germane to the purpose of law; c. it must not be limited to
existing conditions only; d. it must apply to everyone in the same class.
RIGHT AGAINST UNREASONABLE
SEARCH AND SEIZURE

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.
RIGHT AGAINST UNREASONABLE
SEARCH AND SEIZURE

Warrantless Arrest Warrantless Search


1. In flagrante delicto (caught in 1. Plain view
the act) arrest 2. Stop-and-Frisk (Terry search)
2. Arrest based on personal 3. Hot pursuit
knowledge 4. Customs search
3. Arrest of escaped prisoner 5. Visual searches in
checkpoints (etc.)
FREEDOM OF SPEECH AND
EXPRESSION

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.

Exceptions to freedom of speech: libelous statements; seditious


statements
RIGHT TO FORM UNIONS

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.
EMINENT DOMAIN

Section 9. Private property shall not be taken for public use without
just compensation.
MIRANDA RIGHTS
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 torture or similar practices, and their
families.
RIGHT TO BAIL

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.

Requirement for bail to be denied: the crime committed is punishable by


reclusion perpetua AND the evidence of guilt is strong
RIGHT TO DUE PROCESS IN
CRIMINAL PROCEEDINGS
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, trial may proceed notwithstanding the absence of
the accused provided that he has been duly notified and his failure to appear is
unjustifiable.
RIGHT AGAINST DOUBLE
JEOPARDY
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.

This is called DOUBLE JEOPARDY and it is PROHIBITED.


MORE RESOURCES HERE:
1. https://www.facebook.com/batasforeveryjuan/posts/101921698144056
2. https://www.facebook.com/batasforeveryjuan/posts/121109219558637
3. https://www.facebook.com/batasforeveryjuan/posts/120577546278471
4. https://www.facebook.com/batasforeveryjuan/posts/118502716485954
5. https://www.facebook.com/batasforeveryjuan/posts/111947407141485
6. https://www.facebook.com/batasforeveryjuan/posts/107957177540508
7. https://www.facebook.com/batasforeveryjuan/posts/107391700930389
8. https://www.facebook.com/batasforeveryjuan/posts/107391700930389
9. https://www.facebook.com/batasforeveryjuan/posts/101920798144146
10.https://www.facebook.com/batasforeveryjuan/posts/101918754811017
BRANCHES OF
GOVERNMENT
BRANCHES OF GOVERNMENT

Legislative Executive Judicial


Department Department Department

House of Senate (24) President Supreme Court


House of Representatives Vice-President Court of Appeals
(300+) Cabinet Members Sandiganbayan
• District Representatives Court of Tax Appeals
• Party-List Representatives Regional Trial Courts
(at most 20% of total Municipal Trial Courts
numner)
BRANCHES OF GOVERNMENT

Legislative Executive Judicial


Function Propose, Enact, Implement existing Interpret the law
Amend, Repeal Laws laws Settle actual
controversies arising
from the law
Powers Appropriation Control Judicial Power
Appointment Budgeting Judicial Review
Taxation Commander-in-Chief
Martial Law
Diplomatic
Pardon
Privileges Immunity from arrest Immunity from Suit Fiscal autonomy
(6 years and below) Official residence
Speech and Debate
Privilege (In Congress)
BRANCHES OF GOVERNMENT
President/Vice Senator District/Partylist
President Representative
Citizenship Natural-born Filipino Natural-born Filipino Natural-born Filipino
Voter Registration Registered voter Registered voter Registered voter
Literacy Able to read and Able to read and Able to read and
write write write
Age 40 35 25
Residency 10 years (PH) 2 years (PH) 1 year (in the district
where s/he seeks to
be elected)
TERM 6 years 6 years 3 years

RE-ELECTIONS President – no 2 consecutive 3 consecutive


(Consecutive) reelection
VP – 2 consecutive
BRANCHES OF GOVERNMENT

Supreme
Court

Court of Appeals,
Court of Tax
Appeals,
Sandiganbayan

Regional Trial Courts

Appeal and
other
Municipal Trial Courts remedies

HIERARCHY OF COURTS
BRANCHES OF GOVERNMENT

Bill originates If approved, No action for 30


Undergoes 3 days - PASSED
from either passed on to
readings
House other House

Sent to President Approved and


for signing signed- PASSED

Other House If approved,


undertakes 3 consolidate with
readings House of origin

If both Houses have their own versions of the same bill, BOTH houses
a Bicameral Conference Committee may be formed. Rejected (with
voted to pass -
objections)
PASSED

LAW-MAKING PROCESS
MORE RESOURCES HERE:
1. https://www.facebook.com/batasforeveryjuan/posts/125334572469435
2. https://www.facebook.com/batasforeveryjuan/posts/124146349254924
3. https://www.facebook.com/batasforeveryjuan/posts/117325813270311
4. https://www.facebook.com/batasforeveryjuan/posts/115555533447339
5. https://www.facebook.com/batasforeveryjuan/posts/114294503573442
6. https://www.facebook.com/batasforeveryjuan/posts/113407476995478
7. https://www.facebook.com/batasforeveryjuan/posts/103163948019831
8. https://www.facebook.com/batasforeveryjuan/posts/102679548068271
9. https://www.facebook.com/batasforeveryjuan/posts/101922184810674
A MORE DETAILED DISCUSSION
OF THE LAW-MAKING PROCESS:
https://www.facebook.com/batasforeveryjuan/posts/123631935973032
A SUMMARY OF THE THREE
BRANCHES OF GOVERNMENT:
https://www.facebook.com/batasforeveryjuan/posts/119043573098535
Article IX:
CONSTITUTIONAL
COMMISSIONS and
Article X: LOCAL
GOVERNMENTS
CIVIL SERVICE COMMISSION

MANDATE

The Civil Service Commission, as the central personnel agency of the Government, shall
establish a career service and adopt measures to promote morale, efficiency, integrity,
responsiveness, progressiveness, and courtesy in the civil service. It shall strengthen the
merit and rewards system, integrate all human resources development programs for all
levels and ranks, and institutionalize a management climate conducive to public
accountability. It shall submit to the President and the Congress an annual report on its
personnel programs.
COMMISSION ON ELECTIONS

MANDATE

• Enforce and administer all laws and regulations relative to the conduct of and elections,
plebiscite, initiative, referendum, and recall.
• Exercise exclusive original jurisdiction over all contests relating to the elections, returns,
and qualifications of all elective regional, provincial, and city officials, and appellate
jurisdiction over all contests involving elective municipal officials decided by trial courts of
general jurisdiction, or involving elective barangay official decided by trial courts of limited
jurisdiction.
• Decide, except those involving the right to vote, all questions affecting elections, including
determination of the number and location of polling places, appointment of election officials
and inspectors, and registration of voters.
• Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines, for the
exclusive purposes of ensuring free, orderly, honest, peaceful credible elections.
COMMISSION ON ELECTIONS

MANDATE
• Register, after sufficient publication, political parties, organizations, of coalitions which, in
addition to other requirements, must present their platform or program of government; and
accredit citizens arms of the Commission on Elections.
• File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or
exclusion of voters; investigate and, where appropriate, prosecute cases of violations of
elections laws, including acts or omissions constituting election frauds, offenses, and
malpractices.
• Recommend to the Congress effective measures to minimize election spending, including
limitation of places where propaganda materials shall be posted, and to prevent and
penalize all forms of election frauds, offenses, malpractices, and nuisance candidates.
• Recommend to the President the removal of any officer of employee it has deputized, or the
imposition of any other disciplinary action, for violation or disregard of, or disobedience to
its directive, order, or decision.
• Submit to the President and the Congress a comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or recall.
COMMISSION ON AUDIT
MANDATE

SECTION 2. (1) The Commission on Audit shall have the power, authority, and duty, to
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, or any of its subdivisions, agencies, or instrumentalities x x x x x
However, where the internal control system of the audited agencies is inadequate, the
Commission may adopt such measures, including temporary or special pre-audit, as are
necessary and appropriate to correct the deficiencies. It shall keep the general accounts of the
Government and, for such period as may be provided by law, preserve the vouchers and other
supporting papers pertaining thereto.
(2) The Commission shall have exclusive authority, subject to the limitations in this Article, to
define the scope of its audit and examination, establish the techniques and methods required
therefor, and promulgate accounting and auditing rules and regulations, including those for
the prevention and disallowance of irregular, unnecessary, excessive, extravagant, or
unconscionable expenditures, or uses of government funds and properties.
Article X: LOCAL GOVERNMENTS
• The territorial and political subdivisions of the Republic of the Philippines are the
provinces, cities, municipalities, and barangays.

• Autonomous regions may be set in Cordillera and Muslim Mindanao. To date, only the
Muslim Mindanao has an autonomous status (BARMM)

• The territorial and political subdivisions shall enjoy local autonomy .

• Each local government unit shall have the power to create its own sources of revenues and
to levy taxes, fees, and charges subject to such guidelines and limitations as the Congress
may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and
charges shall accrue exclusively to the local governments.

• Local government units shall have a just share, as determined by law, in the national taxes
which shall be automatically released to them (also known as Income Revenue Allotment)
MORE RESOURCES HERE:
1. https://www.facebook.com/batasforeveryjuan/posts/102107451458814
2. https://www.facebook.com/batasforeveryjuan/posts/105426591126900
3. https://www.facebook.com/batasforeveryjuan/posts/105426591126900
ACCOUNTABILITY OF PUBLIC
OFFICERS

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.
NORMS OF CONDUCT (RA 6713)
Commitment to Justness and
Professionalism
Public Interest Integrity
(utmost devotion
(public over private (Truthfulness, non-
and dedication to
interest; efficient discrimination; no
duty)
use of resources) undue favors)
Political Responsiveness to
Nationalism and
Neutrality the public
patriotism
(fair service (prompt, courteous
(Loyalty to the flag
regardless of and adequate
and local products)
affiliation) service)
Commitment to
democracy
Simple living
(Loyalty to the
(modest life)
country, not to
people)
Article XVII:
AMENDMENTS or
REVISION
AMENDMENT vs. REVISION

Amendment Revision
• Piecemeal changes in the • Total or substantial changes
Constitution in the Constitution
• Affects only a few (quantity) • Affects relatively more
and relatively unsubstantial (quantity) substantial
(quality) provisions (quality) provisions
STAGES OF AMENDMENT/REVISION

Proposal Stage
Amendments or revisions may be done through:

• Constitutional Convention (2/3 vote of Congress)


• Constituent Assembly (3/4 vote of Congress)
• People’s Initiative (Amendment only)

Ratification Stage
Popular voting whether to adopt the proposed
amendments or revisions to the Constitution or not
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https://www.facebook.com/batasforeveryjuan