INTRODUCTION TO PHILIPPINE

CONSTITUTION

Definition of a Constitution A written

instrument enacted by direct action of the
people by which the fundamental powers of the
government are established, limited and
defined.

Nature and Purpose of Constitution

The People exercised control of their government primarily
through the Constitution which protects from unjust exercises
of governmental power and through periodic elections by
means of which choose the officers to represent them.
A constitution is the supreme or fundamental law creating the
government having been enacted by the people themselves.
The purpose of the constitution is to draw framework or
general outline of the system of the government and to
specific the respective powers and functions of the various
branches of government comprising this frame work.

1987 Constitution
The 1987 Constitution is the present constitution of the
Republic of the Philippines, which is composed of a
preamble and eighteen (18) articles. This Constitution
establishes the Fifth Philippine Republic and restores the
presidential form of government.
Features of the 1987 Constitution
Preamble
The Preamble introduces the Constitution, identifies the author
and the purposes of the fundamental law and aids the
authorities in the interpretation of the Constitution since it lays
down the visions of the government. The Preamble reads:

Preamble
We, the sovereign Filipino people, imploring the aid
of the 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.
The
Constitution is divided into 18 parts (excluding the
Preamble) which are called Articles.

Article I - National Territory

Specifies that the Philippines is an archipelago,
the Philippines territory consist of the islands
and waters embraced therein, all other territories
which the Philippines has sovereignty or
jurisdiction, and the terrestrial, fluvial and aerial
domains including the territorial sea, the seabed,
the subsoil, the insular shelves and other
submarine areas.

Article II - Declaration of Principles and State Policies

Sets down basic social and political creed of the country. particularly the
implementation of the constitution, Set forth the objectives of the
government, provide the interpretation of specific provisions of the
fundamental law and help court in its decisions. Some of its provisions
are:
Philippines is a Democratic and Republican State (Section 1)
Renunciation of War (Section 2)
Supremacy of Civilian Authority (Section 3)
Services to be rendered by the Citizens (Section 4)
Separation of Church and State (Section 6)
Independent Philippine Foreign Policy (Section 7)
Freedom from Nuclear Weapon (Section 8)
Just and Dynamic Social order and Social Justice (Section 9 and 10)
Family as the Basic Autonomous Unit (Section 12)
Role of the Youth and Women in Nation-Building (Section 13 and 14)
The affirmation of labor "as a primary social economic force" (Section 14)

Article III - Bill of Rights

Enumerates the specific protections against State power.
Many of these guarantees are similar to those provided
in the American constitution and other democratic
constitutions, including the:
due process and equal protection clause
The right against unwarranted searches and seizures
The right to free speech and the free exercise of religion,
The right against self-incrimination
The right to habeas corpus.
The scope and limitations to these rights have largely
been
determined
by Philippine Supreme Court
decisions.

Article VI- The Legislative Department

Enumerates the composition, qualification and term of office and
function of the Senators and representatives. It also specifies the
organization, procedure, election and leadership of officials and
process of making law. Some of the power of Congress
includes:

Power of investigation or inquiry in aid of legislation (Section 21)

Power to declare the existence of a State of war (Section 26)
Fiscal power (Section 25)
Inherent power: Police power (Section 1), Power of taxation
(Section 28), and power of eminent domain (Section 9)
gress duly enacted Republic Act No. 7160, The Local
Government Code of 1991.


The Basic Principles Underlying the Constitution
PRINCIPLES
Section 1 the Philippines is a democratic and republican state, Sovereignty resides in the people
and all government authority emanates from them.
Section 2 the Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law of the land and
adheres to the police of peace, equality, justice, freedom, cooperation, and amity with all nations.
Section 3 Civilian authority is, at all times, supreme over the military. The Armed Forces of the
Philippines is the protector of the people and state. Its the goal to secure the sovereign of the State
and the integrity of the national territory.
Section 4 The prime duty of the Government is to serve and protect the people. The Government
may call upon the people to depend the state and, in the fulfillment thereof, all citizens may be
required, under conditions provided by law, to render personal, military or civil service.
Section 5 The maintenance of peace and order, the protection of life, liberty, and property, and the
promotion of the general welfare are essential for the enjoyment by all the people of the blessings of
democracy.
Section 6 The separation of Church and State shall be inviolable.

STATE POLICIES
Section 7 Independent foreign policy. *National sovereignty, territorial integrity, national interest,
and the right to self-determination.
Section 8 Freedom from nuclear weapons in its territory.
Section 9 Promotion of a just and dynamic social order, free the people from poverty.
Section 10- Values the dignity of human person and guarantees full respect for human rights.
Section 11- Values the dignity of human person and guarantees full respect for human rights.
Section 12- Recognizes the sanctity of family life, protect and strengthen the family as the basic
social institution. *Equally protect the life of the mother and the unborn from conception.
Section 13- Recognizes the role of the youth in nation building (nationalism, patriotism, public and
civic affairs)
Section 14- Recognizes the role of the women in nation-building (equality before the law)
Section 15- Protect and promote the right to health of the people.
Section 16- Protect and advance the right of the people to a balance and healthful ecology.
Section 17- Give priority to education, science and technology, arts, culture and sports, etc.

Section 18- Affirms labor as a primary social economic force. (Rights of workers).
Section 19- Develop a self-reliant and independent national economy effectively controlled by Filipinos.
Section 20- Recognizes the indispensable role of the private sectors.
Section 21- Promote comprehensive rural development and agrarian reform.
Section 22- Rights of indigenous cultural communities within the framework of national unity and
development.
Section 23- Encourage NGOs and community based/sectoral organization to promote the welfare of the
nation.
Section 24- Vital role of communication and information in nation building
Section 25- Ensure the autonomy of local government
Section 26- Guarantee equal access to opportunities for public service (prohibits political dynasties as
may be defined by law).
Section 27- Honesty and integrity in the public service.
Section 28- Subject to reasonable conditions prescribed by law, the State adopts and implements a
policy of full public disclosure of all its transactions involving public interest.

Branches of the Philippine Government: Separation of

Powers
The Philippines is a democratic and republican state. As a
republican state, sovereignty resides in the people and all
government authority emanates from them (Constitution, Art, III,
Sec. 1). A Republican form of government rests on the conviction
that sovereignty should reside in the people and that all
government authority must emanate from them. It abhors the
concentration of power on one or a few, cognizant that power,
when absolute, can lead to abuse, but is also shuns a direct and
unbridled rule by the people, a veritable kindling to the passionate
fires of anarchy. Our people have accepted this notice and
decided to delegate the basic state authority to principally three
branches of the government the Executive, the Legislative, and
the Judiciary - each branch being supreme in its own sphere but
with constitutional limits and firm tripod of checks and balances.

The Legislative Branch

The legislative branch, which has the authority to make, alter or repeal laws (see also the
definition of legislative power), is the Congress. Congress is vested with the tremendous
power of the purse, traditionally recognized in the constitutional provision that no money
shall be paid out of the Treasury except in pursuance of an appropriation made by law. It
comprehends both the power to generate money by taxation (the power to tax) and the
power to spend it (the power to appropriate).
The power to appropriate carries with it the power to specify the amount that may be spent
and the purpose for which it may be spent.
Under a bicameral system, the Congress is composed of the Senate and the House of
Representatives.
The Senate is composed of twenty-four (24) Senators, who are elected at large by the
qualified voters of the Philippines. The term of office of the Senators is six (6) years.
The House of Representatives, on the other hand, is composed of not more than two
hundred and fifty (250) members, unless otherwise fixed by law, who are elected from
legislative districts apportioned among the provinces, cities and the Metropolitan Manila
area, and those who are elected through a party-list system of registered national, regional
and sectoral parties or organization. The term of office of members of the House of
Representatives, also called Congressmen, is three (3) years.

The Executive Branch

The Executive branch is headed by the President, who is elected
by a direct bote of the people. The term of office of the President,
as well as the Vice President, is six (6) years. As head of the
Executive Department, the President is the Chief Executive. He
represents the government as a whole and sees to it that all laws
are enforced by the officials and employees of his department.
He has control over the executive department, bureaus and
offices. This means that he has the authority to assume directly
the functions of the executive department, bureau and office or
interfere with the discretion of its officials. Corollary to the power
of control, the President also has the duty of supervising the
enforcement of laws for the maintenance of general peace and
public order. Thus, he is granted administrative power over
bureaus and offices under his control to enable him to discharge
his duties effectively.

`The President exercises general supervision over all

local government units and is also the Commanderin-Chief of the Armed Forces of the Philippines.
Under the existing Presidential form of government,
the executive and legislative branches are entirely
separate, subject only to the mechanisms of check
and balance. There were attempts to amend the
Constitution in order to shift to a parliamentary
system, but these moves were struck down by the
Supreme Court. The most recent petition that
reached the Supreme Court is Lambino vs.
COMELEC.

Administers the functions of the government:

*Power to make appointments during the recess of the Congress.
*Shall have control of all executive departments, bureaus and
officers
*Commander-in-Chief of the AFP
*Suspend the privilege of the writ of habeas corpus
*May grand reprieves, commutation and pardons, and remit fines
and forfeitures, after conviction by final judgment
*Power to grant Amnesty with concurrence of a majority of all
members of the Congress.
*May contract and guarantee foreign loans on behalf of the
Republic of the Philippines (Monetary Boar
*Shall address the Congress at the opening of its regular session.
*Veto power

The Judiciary
Judicial power is vested in the Supreme Court and in such lower
courts as may be established by law. The judiciary has the
moderating power to determine the proper allocation of power
between the branches of government When the judiciary
mediates to allocate constitutional boundaries, it does not assert
any superiority over the other departments; it does not in reality
nullify or invalidate an act of the legislature, but only asserts the
solemn and sacred obligation assigned to it by the Constitution to
determine conflicting claims of authority under the Constitution
and to establish for the parties in an actual controversy the rights
which that instrument secures and guarantees to them. In the
words of Chief Justice Reynato S. Puno: The Judiciary may not
have the power of the sword, may not have the power of the
purse, but it has the power to interpret the Constitution, and the
unerring lessons of history tell us that rightly wielded, the power
can make a difference for good.

While Congress has the power to define, prescribe and

apportion the jurisdiction provided in the Constitution. No law
shall also be passed reorganizing the judiciary when it
undermines the security of tenure of its members. The Supreme
Court also has administrative supervision over all courts and the
personnel thereof, having the power to discipline or dismiss
judges of lower courts.
The Supreme Court is composed of a Chief Justice and fourteen
Associate Justices. It may sit en banc or, on its discretion, in
divisions of three, five or seven members. A member of the
Supreme Court must be a natural-born citizen of the Philippines,
at least forty (40) years of age and must have been for fifteen
(15) years or more a judge of a lower court or engaged in the
practice of law in the Philippines. Justices hold office during
good behavior until they reach the age of seventy (70) years or
become incapacitated to discharge the duties of their office.

ARTICLE III - BILL OF RIGHTS

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.
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.

 Section 3. (1) The privacy of communication and

correspondence shall be inviolable except upon
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.
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.

 Section 5. 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 or preference, shall forever be
allowed. No religious test shall be required for the
exercise of civil or political rights.
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.

 Section 7. The right of the people to information on matters 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 basis for
policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.
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.
Section 9. Private property shall not be taken for public use without just
compensation.
Section 10. No law impairing the obligation of contracts shall be passed.
Section 11. Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any person by reason
of poverty.

 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.

 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.

 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.

 Section 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.
Section 16. All persons shall have the right to a speedy
disposition of their cases before all judicial, quasi-judicial, or
administrative bodies.
Section 17. No person shall be compelled to be a witness against
himself.
Section 18. (1) No person shall be detained solely by reason of
his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly
convicted.

 Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading
or inhuman punishment inflicted. Neither shall the death penalty be
imposed, unless, for compelling reasons involving heinous crimes, the
Congress hereafter provides for it. Any death penalty already imposed
shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment
against any prisoner or detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall be dealt with by law.
Section 20. No person shall be imprisoned for debt or non-payment of a
poll tax.
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.
Section 22. No ex post facto law or bill of attainder shall be enacted.