2 What is a constitution?It is a written instrument by which the fundamental powers of government are established, limited and defined and by which the powers are distributed among several departments for their safe and useful exercise for the benefits of the body politics.
3 What is a constitution?It is a written charter enacted and adopted by the people of the state, through a convention of representatives or in any way the people may choose to act, which a government for them is ordained or established.
4 Conventional or enacted Cumulative or evolved Rigid or inelastic TYPES OF CONSTITUTIONWrittenUnwrittenConventional or enactedCumulative or evolvedRigid or inelasticFlexible or elastic
12 PARTS OF THE CONSTITUTION Art. I – National TerritoryArt. II – Declaration of Principles and State PoliciesArt. III – Bill of RightsArt. IV – CitizenshipArt. V – SuffrageArt. VI – Legislative DepartmentArt. VII – Executive Department
13 PARTS OF THE CONSTITUTION Art. VIII – Judicial DepartmentArt. IX – Constitutional Commissions(COA, CSC, COMELEC)Art. X – Local GovernmentArt. XI – Accountability of Public OfficersArt. XII – National Economy and Patrimony
14 PARTS OF THE CONSTITUTION Art. XIII – Social Justice and Human RightsArt. XIV – Education, S & T, Arts, Culture and SportsArt. XV – The FamilyArt. XVI – General ProvisionsArt. XVII – Amendments or RevisionsArt. XVIII – Transitory Provisions
15 “We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality and peace, do ordain and promulgate this Constitution.”
16 National Territory The Philippine archipelago All the islands and waters embraced thereinTerritories which the Philippines has sovereignty or jurisdiction
17 National TerritoryTerrestrial, fluvial and aerial domains of the PhilippinesIncluding its territorial seas, seabed, subsoil, insular shelves and other submarine areas
18 Archipelagic doctrine National TerritoryThe water around, between and connecting the islands of the archipelago…form part of the internal waters of the PhilippinesArchipelagic doctrine
20 CLASSIFICATION OF RIGHTS I. NATURAL RIGHTSPossessed by every citizen without being granted by the State as conferred by God to a human being to live a happy lifeEx: right to live; right to love II. CONSTITUTIONAL RIGHTSRights conferred and protected by the ConstitutionPart of the fundamental lawCannot be modified or taken awayIII. STATUTORY RIGHTSProvided by laws promulgated by the law-making body and consequently may be abolished by the same bodyExample: right to receive a minimum wage and right to inherit property
21 II. Constitutional Rights Political RightsCivil Rights
22 Social and Economic Rights Constitutional RightCivil RightsSocial and Economic RightsRights of the Accused
23 Classification of Constitutional Rights 1. POLITICALRights which give citizens the power to directly participate or indirectly in the establishment of administration of the governmentEx: rights of citizenship and suffrage2. CIVILRights which will be enforced at the instance of private individuals for the purpose of securing them the enjoyment of their means of happinessEx: 2.a. Social and economic rights2.b. Rights of the accused
24 Classification of CIVIL Rights 2.a. SOCIAL & ECONOMICRights intended to ensure the well-being and economic security of the individual2.b. RIGHTS OF THE ACCUSEDIntended for the protection of a person accused of any crime
25 ARTICLE IIITHE BILL OF RIGHTS- The declaration and enumeration of the individual rights and privileges which the Constitution is designed to protect against violations by the government or by individual or groups of individuals.
26 Bill of Rights Fundamental characteristic of a republican system It is “a charter of liberties for the individual and a limitation upon the power of the State”
27 Political vs. Civil vs. Legal Political RightsThose that pertain to an individual’s participation in government or the political processCivil RightsBasically refer to rights enjoyed to enable individuals to undertake the everyday business of life“Legal” RightsRights that apply to individuals when subjected to the law and/or legal procedures and processes
28 Freedom of speech Right to a free press Freedom of assembly Article III, Section 4Freedom of speechRight to a free pressFreedom of assemblyThe right of petition“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.”1.) Freedom of speech is not absolute, neither is a free press (more on that on the next slide)2.) Freedom of assembly refers mainly to peaceful demonstrations related to public affairs- Contrast: in Singapore, for large assemblies one must secure a public entertainment license3.) Right to petition i.e. to take up one’s grievances with government without fear of persecution“Public place” shall include any highway, boulevard, avenue, road, street, bridge or other thoroughfare, park, plaza, square, and/or any open space of public ownership where the people are allowed access.
29 Freedom to form associations Article III, Section 8Freedom to form associationsi.e. the right to organizeN.B.: So long as the association is not contrary to the law“The right of the people, including those employed in public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.”In large part, this section reflects the country’s bad experience during the Martial Law years, when the right to assemble and form associations was unduly abridged.Obviously, however, it is equally clear that the government can exercise its police power and abridge this right if the association in question threatens the legal order.
30 The right to private property Article III, Section 9The right to private propertyExplicit limitation to the power of eminent domainPublic useJust compensation: fair market priceDue process of law“Private property shall not be taken for public use without just compensation.”
31 Power of Eminent Domain The power of the state to take property for public use with just compensation.
32 Especially with respect to correspondence Article III, Section 3Right to privacyEspecially with respect to correspondenceIllegally obtained material as inadmissible evidence“(1) The privacy of communication and correspondence shall be inviolable except under lawful order of the court, or when public safety or order requires otherwise as prescribed by law.“(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.”1.) Right to privacy (especially with respect to correspondence)- Contrast: In the UK, the right to privacy is not recognized2.) Illegally obtained material is inadmissible as evidence
33 Article III, Section 5 Freedom of religion Corollary: the state has no official religionThe state shall not endorse any religion/religious preferenceReligion shall not be a prerequisite for political rightsAffirms the separation of Church and State“No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination and worship shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.”*Clearly this is related to Article II, Section 6
34 Liberty of abode Right to travel Article III, Section 6 “The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.”Liberty of abode: The right to live where one pleases
35 Right of access to information Article III, Section 7Right of access to informationAccess to Public recordsRefers mainly to citizens but extends to aliens in some casesLegal restrictions may apply (e.g. matters of national security)“The right of the people to information on mattes of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as a basis for policy development, shall be afforded the citizen, subject to such limitation as may be provided by law.”N.B. This is clearly related to Article II, Section 28
36 Art. III, Sec 15 - The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it.
37 ART. IV -CITIZENSHIPThis denotes membership of a permanent character in a political community.A citizen of a state is one who owes allegiance to it and is correspondingly entitled to its protection.
38 Sec 1The following are citizens of the Philippines: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; andThose who are naturalized in accordance with law.
39 METHODS OF ACQUIRING CITIZENSHIP Jus SanguinisNaturalizationJus Soli or Jus LociBirthHOW TO BECOME A FILIPINO CITIZENNaturalization
40 Right of blood – the children follow the citizenship of the parents BIRTH1. JUS SANGUINISRight of blood – the children follow the citizenship of the parents
41 2. Jus Soli (Right of Soil) of Jus Loci BIRTH2. Jus Soli (Right of Soil) of Jus LociPlace of birth serves as the basis for citizenship
42 Duties and Obligations of a Citizen To be loyal to the RepublicTo defend the StateTo contribute to the development and welfare of the StateTo uphold the Constitution and obey the laws
43 Duties and Obligations of a Citizen To cooperate with the duly constituted authoritiesTo exercise rights responsibly and with due regard for the rights of othersTo engage in gainful workTo register and vote
44 ART. V - SUFFRAGEThe right and obligation to vote for qualified citizens in the election of certain national and local officers of the government and in the decision of public questions submitted to the people.
45 SCOPE OF SUFFRAGEElectionPlebisciteReferendumInitiativeRecall
46 SCOPE OF SUFFRAGEELECTION – the people choose a candidate to fill up an elective post or government positionPLEBISCITE – a political right of the sovereign people to ratify or reject constitutional amendments or proposed laws
47 SCOPE OF SUFFRAGE3. REFERENDUM (Popular Vote) – the right reserved to the people to adopt or reject any act or measure which has been passed by a legislative body and which in most cases would without action on the part of the electors become a law
48 SCOPE OF SUFFRAGEINITIATIVE – the power of the people to propose bills and laws, and to enact or reject them at the polls, independent of the legislative assembly
49 SCOPE OF SUFFRAGE5. RECALL – a system by which an elective official is removed by popular vote before the end of his term
50 ExecutivePresidentVice PresidentLegislativeSenate (24)House of RepresentativesJudiciary/JudicialSupreme CourtCourt of Tax AppealsCourt of AppealsSandiganbayan
51 EXECUTIVE (Art. VII) QUALIFICATIONS PRESIDENTVICE PRESIDENTQUALIFICATIONSA natural born citizen of the PhilippinesA registered voterAble to read and writeAt least forty (40) years of age on the day of the election for PresidentA resident of the Philippines for at least ten years immediately preceding such election
52 LEGISLATIVE (Art. VI) Upper House: SENATE – 24 members Lower House: HOUSE OF REPRESENTATIVES*(with not more than 250 members) – 20% comes from the party list representativesAs of last count, there are 297 members of the Lower House
53 Upper House - Senate Senate President (#3): Aquilino Pimentel III Senate President Pro Tempore: Ralph RectoMajority Leader:Vicente Sotto IIIMinority Leader:Franklin Drilon
54 Qualifications to be a Senator Natural born citizens of the PhilippinesAt least 35 years old on the day of electionAble to read and writeA registered voterA resident of the Philippines for 2 years preceding the day of the election
55 Lower House - House of Representatives Speaker of the House (#4):Pantaleon Alvarez,Davao del NorteMajority Floor Leader:Rodolfo Farinas (Ilocos Norte)Minority Floor Leader:Danilo Suarez (Quezon)Batasang Pambansa
57 Qualifications to be a Congressman/Congresswoman Natural born citizens of the PhilippinesAt least 25 years old on the day of electionAble to read and writeA registered voter in his district (except for party list)A resident of the Philippines for at least a year preceding the day of the election
58 JUDICIARY (Art. VIII) Power is vested in the Supreme Court Composition of the Supreme CourtChief Justice:Hon. Maria Lourdes Sereno14 Associate Justices
59 Qualifications to be a Justice Natural born citizens of the PhilippinesAt least 40 years oldJudge or a law practitioner for 15 years in the PhilippinesA person of proven competence, integrity, probity and independence
60 CONSTITUTIONAL COMMISSIONS Civil Service CommissionCommission on ElectionCommission on Audit
61 Provinces Regions Municipalities AS OF MARCH 31, 20178118ProvincesRegions1489145MunicipalitiesCities
62 Art. XI – Public office is a public trust. Impeachable OfficialsPresidentVice PresidentMembers of the Supreme CourtMembers of the Constitutional CommissionsOmbudsmanGrounds for ImpeachmentCulpable violation of the ConstitutionTreasonBriberyGraft and CorruptionOther high crimesBetrayal of Public Trust
63 Public office is a public trust 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.
64 HUMAN RIGHTSThe rights that human beings have simply because they are human beings.These cannot be transferred, relinquished or forfeited by the actions of another individual.
65 Universal Human Declaration of Human Rights (1948) Passed by the UN General Assembly on December 10, 1948.It calls upon all member states to promote and secure the effective recognition and observance of the rights and freedoms set forth in the declaration.