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Philippine Constitution

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Presentation on theme: "Philippine Constitution"— Presentation transcript:

1 Philippine Constitution

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 CONSTITUTION Written Unwritten Conventional or enacted Cumulative or evolved Rigid or inelastic Flexible or elastic

5 Philippine Constitution
Through the Years

6 Philippine Constitutional History
1986 Provisional “Freedom” Constitution 1899 Malolos Constitution 1973 Constitution 1 3 5 1935 Commonwealth Constitution 1943 Constitution 1987 Constitution 2 4 6

Constitution of Government Constitution of Liberty Constitution of Sovereignty

8 Constitution of GOVERNMENT
Provisions which set up the governmental structure 1 Articles VI, VII, VIII, IX and X

9 Constitution of LIBERTY
2 Provisions which guarantee individual fundamental liberties against governmental abuse Articles III, IV, V, XII, XIII, XIV & XV

10 Constitution of SOVEREIGNTY
3 Provisions which outline the process whereby the sovereign people may change the constitution Articles II, Section 1 and XVII


Art. I – National Territory Art. II – Declaration of Principles and State Policies Art. III – Bill of Rights Art. IV – Citizenship Art. V – Suffrage Art. VI – Legislative Department Art. VII – Executive Department

Art. VIII – Judicial Department Art. IX – Constitutional Commissions (COA, CSC, COMELEC) Art. X – Local Government Art. XI – Accountability of Public Officers Art. XII – National Economy and Patrimony

Art. XIII – Social Justice and Human Rights Art. XIV – Education, S & T, Arts, Culture and Sports Art. XV – The Family Art. XVI – General Provisions Art. XVII – Amendments or Revisions Art. 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 therein Territories which the Philippines has sovereignty or jurisdiction

17 National Territory Terrestrial, fluvial and aerial domains of the Philippines Including its territorial seas, seabed, subsoil, insular shelves and other submarine areas

18 Archipelagic doctrine
National Territory The water around, between and connecting the islands of the archipelago…form part of the internal waters of the Philippines Archipelagic doctrine


I. NATURAL RIGHTS Possessed by every citizen without being granted by the State as conferred by God to a human being to live a happy life Ex: right to live; right to love  II. CONSTITUTIONAL RIGHTS Rights conferred and protected by the Constitution Part of the fundamental law Cannot be modified or taken away III. STATUTORY RIGHTS Provided by laws promulgated by the law-making body and consequently may be abolished by the same body Example: right to receive a minimum wage and right to inherit property

21 II. Constitutional Rights
Political Rights Civil Rights

22 Social and Economic Rights
Constitutional Right Civil Rights Social and Economic Rights Rights of the Accused

23 Classification of Constitutional Rights
1. POLITICAL Rights which give citizens the power to directly participate or indirectly in the establishment of administration of the government Ex: rights of citizenship and suffrage 2. CIVIL Rights which will be enforced at the instance of private individuals for the purpose of securing them the enjoyment of their means of happiness Ex: 2.a. Social and economic rights 2.b. Rights of the accused

24 Classification of CIVIL Rights
2.a. SOCIAL & ECONOMIC Rights intended to ensure the well-being and economic security of the individual 2.b. RIGHTS OF THE ACCUSED Intended for the protection of a person accused of any crime

25 ARTICLE III THE 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 Rights Those that pertain to an individual’s participation in government or the political process Civil Rights Basically refer to rights enjoyed to enable individuals to undertake the everyday business of life “Legal” Rights Rights 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 4 Freedom of speech Right to a free press Freedom of assembly The 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 license 3.) 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 8 Freedom to form associations i.e. the right to organize N.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 9 The right to private property Explicit limitation to the power of eminent domain Public use Just compensation: fair market price Due 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 3 Right to privacy Especially with respect to correspondence Illegally 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 recognized 2.) Illegally obtained material is inadmissible as evidence

33 Article III, Section 5 Freedom of religion
Corollary: the state has no official religion The state shall not endorse any religion/religious preference Religion shall not be a prerequisite for political rights Affirms 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 7 Right of access to information Access to Public records Refers mainly to citizens but extends to aliens in some cases Legal 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 -CITIZENSHIP This 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 1 The 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; and Those who are naturalized in accordance with law.

Jus Sanguinis Naturalization Jus Soli or Jus Loci Birth HOW TO BECOME A FILIPINO CITIZEN Naturalization

40 Right of blood – the children follow the citizenship of the parents
BIRTH 1. JUS SANGUINIS Right of blood – the children follow the citizenship of the parents

41 2. Jus Soli (Right of Soil) of Jus Loci
BIRTH 2. Jus Soli (Right of Soil) of Jus Loci Place of birth serves as the basis for citizenship

42 Duties and Obligations of a Citizen
To be loyal to the Republic To defend the State To contribute to the development and welfare of the State To uphold the Constitution and obey the laws

43 Duties and Obligations of a Citizen
To cooperate with the duly constituted authorities To exercise rights responsibly and with due regard for the rights of others To engage in gainful work To register and vote

44 ART. V - SUFFRAGE The 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 SUFFRAGE Election Plebiscite Referendum Initiative Recall

46 SCOPE OF SUFFRAGE ELECTION – the people choose a candidate to fill up an elective post or government position PLEBISCITE – a political right of the sovereign people to ratify or reject constitutional amendments or proposed laws

47 SCOPE OF SUFFRAGE 3. 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 SUFFRAGE INITIATIVE – 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 SUFFRAGE 5. RECALL – a system by which an elective official is removed by popular vote before the end of his term

50 Executive President Vice President Legislative Senate (24) House of Representatives Judiciary/Judicial Supreme Court Court of Tax Appeals Court of Appeals Sandiganbayan

PRESIDENT VICE PRESIDENT QUALIFICATIONS A natural born citizen of the Philippines A registered voter Able to read and write At least forty (40) years of age on the day of the election for President A 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 representatives As 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 Recto Majority Leader: Vicente Sotto III Minority Leader: Franklin Drilon

54 Qualifications to be a Senator
Natural born citizens of the Philippines At least 35 years old on the day of election Able to read and write A registered voter A 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 Norte Majority Floor Leader: Rodolfo Farinas (Ilocos Norte) Minority Floor Leader: Danilo Suarez (Quezon) Batasang Pambansa

56 Representatives From geographical districts Party-list representatives
297 Representatives 238 From geographical districts 59 Party-list representatives

57 Qualifications to be a Congressman/Congresswoman
Natural born citizens of the Philippines At least 25 years old on the day of election Able to read and write A 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 Court Chief Justice: Hon. Maria Lourdes Sereno 14 Associate Justices

59 Qualifications to be a Justice
Natural born citizens of the Philippines At least 40 years old Judge or a law practitioner for 15 years in the Philippines A person of proven competence, integrity, probity and independence

Civil Service Commission Commission on Election Commission on Audit

61 Provinces Regions Municipalities
AS OF MARCH 31, 2017 81 18 Provinces Regions 1489 145 Municipalities Cities

62 Art. XI – Public office is a public trust.
Impeachable Officials President Vice President Members of the Supreme Court Members of the Constitutional Commissions Ombudsman Grounds for Impeachment Culpable violation of the Constitution Treason Bribery Graft and Corruption Other high crimes Betrayal 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 RIGHTS The 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.

66 Articles 3-21 – Civil and political rights

67 Articles 3-21 – Civil and political rights

68 Articles 3-21 – Civil and political rights

69 Articles 22-27 – Economic, social and cultural rights

70 Articles – Everyone is entitled to social and international order in which these rights may be fully realized. They also stress the duties and responsibilities of the individual to the community.

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