POLYTECHNIC INSTITUTE OF TABACO

100, PANAL TABACO CITY

AY 2020-2021

COURSE CODE: GE5

COURSE DESCRIPTION: Readings in Philippine History
CREDIT/UNITS: 3
SEMESTER: 2nd Semester
INSTRUCTOR: Bermundo, Nelrose Mae B.
CONSULTATION TIME:
CONSULTATION VENUE:

Module 11& 12: The Philippine Constitution

BRIEF HISTORY OF THE PHILIPPINE CONSTITUTION

The Malolos Constitution

a.The Philippine Revolution of 1896
b.Proclamation of Philippine independence, at Kawit, Cavite, on June 12, 1898
c.Revolutionary Congress convened at Barasoain Church, Malolos, Bulacan, on September 15, 1898.
Three drafts were submitted namely, the drafts of Pedro Paterno, Apolinario Mabini and Felipe
Calderon.
d.The Calderon proposal was reported to the Congress on October 8, 1898, and the Congress
approved the proposed Constitution on November 29, 1898.
e.President Emilio Aguinaldo approved the same on December 23, 1898; Congress ratified it on
January 20, 1899.
f. Aguinaldo promulgated the Constitution the following day, along with the establishment of the
Philippine Republic on January 21, 1899.
g.This was the first Republican Constitution in Asia, framed by a revolutionary convention which
included 40 lawyers, 16 physicians, 5 pharmacists, 2 engineers and 1 priest. The
Constitution recognized that sovereign power was vested in the people, provided for a parliamentary
government, acknowledged separation of powers, and contained a bill of rights.

The American Regime and the Organic Acts

a.The Treaty of Paris of December 10, 1898. The treaty of
peace entered into between the US and Spain upon the cessation of the Spanish-American
War. It provided, among others, for the cession of the Philippine Islands by Spain to the US.
b.US President McKinley’s Instructions of April 7, 1900, to transform the military into a civil
government as rapidly as conditions would permit. On September 1, 1900, the authority to
exercise that part of the military power of the US President, which is legislative in character was
transferred from the military government to the Philippine Commission [first, the Schurman
Commission, then, the Taft Commission].
c.The Spooner Amendment to the Army Appropriation Bill of March 2, 1901 provided that all military,
civil and judicial powers necessary to govern the Philippine Islands shall be exercised in such manner
x x x for the establishment of a civil government and for maintaining and protecting the inhabitants in
the free enjoyment of their liberty, propertyand religion. On July 1, 1901, the Office of the Civil
Governor was created, and the executive
authority previously exercised by the military governor was transferred to the Civil Governor.
d.The Philippine Bill of July 1, 1902 continued the existing civil government, with the commitment
from the US Congress to convene and organize in the Philippines a legislative body of their own
representatives. On October 16,1907, the Philippine Assembly was convened to sit as the Lower
House in a bicameral legislature, with the Philippine Commission as the Upper House.
e.The Jones Law [Philippine Autonomy Act] of August 29, 1916. It superseded the Spooner
Amendment and the Philippine Bill of 1902. It was the principal organic act of the Philippines until
November 15,1935, when the Philippine Commonwealth was inaugurated (under the 1935
Constitution). It contained a preamble, a bill of rights, provisions defining the organization and
powers of the departments of government, provisions defining the electorate, and miscellaneous
provisions on finance, franchises and salaries of important officials. Executive power was vested in
the Governor General, legislative power in a bicameral legislature composed of the Senate and House
of Representatives, and judicial power in the Supreme Court, the Courts of First Instance and inferior
courts.
f. The Tydings-McDuffie Act [Philippine Independence Act] of March 24, 1934 authorized the drafting
of a Constitution for the Philippines, the establishment of a Commonwealth Government and, after
ten years, independence.

The 1935 Constitution

a.Pursuant to the authority granted under the Tydings-McDuffie Law, the Philippine Legislature
passed Act No. 4125 (May 26,1934) calling for the election of delegates to the Constitutional
Convention.
b.Election of delegates: July 10, 1934; Constitutional Convention inaugural: July 30,1934.
c.Draft Constitution approved by the Constitutional Convention on February 8, 1935; brought to
Washington on March 18, 1935, and on March 23, 1935, US President Franklin Delano Roosevelt
certified that the draft constitution conformed substantially with the Tydings-McDuffie Law.
d.The Constitution was ratified in a plebiscite held on May 14,1935. e.The Philippine Commonwealth
established under the Constitution was inaugurated on November 15, 1935; full independence was
attained with the inauguration of the (Third) Philippine Republic on July 4, 1946.
f. The Constitution was amended in 1939: Ordinance appended to the Constitution, in accordance
with the Tydings-Kocialkowski Act of August 7, 1939 [Resolution of Congress: September 15, 1939;
Plebiscite: October 24, 1939]
g. It was amended again in 1940: Changed President’s and Vice President’s term from six to four years,
but no person shall serve as President for more than 8 years; changed the unicameral to a bicameral
legislature; established an independent Commission on
Elections [Resolution: April 11, 1940; Plebiscite: June 18, 1940]
h. Another amendment was adopted in 1947: Parity Amendment, effective July 4, 1949, granting to
Americans, for a period of twenty-five years, the same privileges as Filipinos in the
utilization and exploitation of natural resources in the Philippines Resolution: September 18, 1946;
Plebiscite: March 11, 1947],

The Japanese (Belligerent) Occupation

a.With the occupation of Manila, the Commander in Chief of the Japanese Forces proclaimed, on
January 2, 1942, the military administration over the territory occupied by the army, and
ordered that “all the laws now in force in the Commonwealth, as well as executive and judicial
institutions shall continue to be effective for the time being as in the past”, and “all public officials
shall remain in their present posts and carry on faithfully their duties as before”.
b.Order No. 1 of the Japanese Commander in Chief, on January 23, 1942, organized the Philippine
Executive Commission.
c.Executive Orders Nos. 1 and 4, dated January 30 and February 6, 1942, respectively, continued the
Supreme Court, the Court of Appeals, the Courts of First Instance and Justices of the Peace Courts,
with the same jurisdiction, in conformity with later instructions given by the Commander in Chief of
the Japanese Imperial Army in Order No. 3, dated February 20, 1942.
d.October 14, 1943, the (Second) Philippine Republic was inaugurated, with Jose P. Laurel as
President.

The 1973 Constitution

a.Resolution of Both Houses (RBH) No. 1, March 16, 1967, increasing the membership of the House of
Representatives from
120 to 180
b.RBH No. 2, March 16,1967, calling for a Constitutional Convention to revise the 1935 Constitution
c.RBH No. 3, March 16, 1967, allowing members of Congress to sit as delegates in the Constitutional
Convention without forfeiting their seats in Congress.
d. RBH 1 and RBH 3 were submitted to the people in a plebiscite simultaneously with local elections
in November 1967, but both were rejected by the people.
e. RBH No. 4, June 17, 1969, amending RBH No. 2, and authorizing that specific apportionment of
delegates to the Constitutional Convention and other details relating to the election of delegates be
embodied in an implementing legislation
f. Republic Act No. 6132: Constitutional Convention Act of 1970.
g. Election of delegates: November 10, 1970; Constitutional Convention was inaugurated on June 1,
1971.
** Attempt of the Constitutional Convention to submit for ratification one resolution (reducing the
voting age from 21 to 18) in a plebiscite to coincide with the 1971 local elections
was declared unconstitutional by the Supreme Court in Tolentino v. Comelec, 41 SCRA 702. The
Court held that when a Constitutional Convention is called for the purpose of
revising the Constitution, it may not submit for ratification “piecemeal amendments” because the
1935 Constitution speaks of submission of the proposed amendments in “an
election” (in the singular), and also because to allow the submission would deprive the people of a
“proper frame of reference”.
h. Presidential Proclamation No. 1081, on September 21, 1972: Declaration of martial law by
President Ferdinand E. Marcos.
i. Constitutional Convention approved the draft Constitution on November 29, 1972 .
j. On November 30,1972, President Marcos issued a decree setting the plebiscite for the ratification of
the new Constitution on January 15, 1973; on December 17, 1972, issued an order suspending the
effects of Presidential Proclamation 1081 in order to allow free and open debate on the proposed
Constitution.
k. On December 23, 1972, President Marcos announced the postponement of the plebiscite, but it was
only on January 7, 1973, that General Order No. 20 was issued, directing that the
plebiscite scheduled on January 15,1973, be postponed until further notice, andwithdrawing the
order of December 17, 1972, suspending the effects of Pres. Proclamation 1081, which allowed free
and open debate on the proposed Constitution.
l. On December 31, 1972, Marcos issued Presidential Decree No. 86, organizing the Citizens
Assemblies to be consulted on certain public issues; and on January 5, 1973, issued Presidential
Decree No. 86-A, calling the Citizens Assemblies to meet on January 10-15, 1973, to vote on certain
questions, among them: “Do you approve of the new Constitution?” and “Do you still want a plebiscite
to be called to ratify the new Constitution?”
m. On January 17, 1973, President Marcos issued Presidential Proclamation No. 1102, declaring that
the new Constitution had been ratified by the Citizens Assemblies, and “has thereby come into force
and effect”.
n. The 1973 Constitution was amended in 1976: Package often (10) amendments, proposed by Marcos
on September 2, 1976, without specifying the particular provisions being changed. This package
contained the infamous Amendment No. 6. The amendments were ratified in a plebiscite held on
October 16, 1976.
o. The Constitution was amended again on January 30, 1980: Restored original retirement age of
judges to 70 years of age
p. Another amendment was adopted on April 7, 1981: Restored the presidential system, while
retaining certain features of the parliamentary system; granted natural-born Filipinos who had been
naturalized in a foreign country the right to own a limited area of residential land in the Philippines
q. Still another amendment was made on January 27,1984: Provided for new rules on presidential
succession, replaced the Executive Committee with a revived Office of the Vice President, and changed
the composition of the Batasan Pambansa
r. Snap presidential election of 1986.
**A petition to prohibit the holding of the snap election was filed with the SC in Philippine Bar
Association v. Comelec, 140 SCRA 455. But the petition was dismissed because considerations other
than legal had already set in, the candidates were in the thick of the campaign, and the people were
already looking forward to the election.
s. February 22-25,1986: EDSAI People’s Revolution, the court ruled that the Cory Aquino government
was not only a de facto but a de jure government

The 1987 Constitution

Proclamation of the Freedom Constitution
a.Proclamation No. 1, February 25, 1986, announcing that she (Corazon Aquino) and Vice President
Laurel were assuming power.
b.Executive Order No. 1 [February 28, 1986]
c.Proclamation No. 3, March 25,1986, announced the promulgation of the Provisional [Freedom]
Constitution, pending the drafting and ratification of a new Constitution. It adopted certain provisions
of the 1973 Constitution, contained additional articles
on the executive department, on government reorganization, and on existing laws. It also provided for
the calling of a Constitutional Commission to be composed of 30-50 members, to draft a new
Constitution.
d.As stated in Proclamation No. 3, the EDSA revolution was “done in defiance of the 1973
Constitution”. The resulting government was indisputably a revolutionary government bound by no
constitution or legal limitations except treaty obligations that the revolutionary government, as the de
jure government in the Philippines, assumed under international law
e.During the interregnum, after the actual take-over of power by the revolutionary government (on
February 25, 1986) up to March 24, 1986 (immediately before the adoption of the Provisional
Constitution), the directives and orders of the revolutionary government were the supreme law
because no constitution limited the extent and scope of such directives and orders. With the
abrogation of the 1973 Constitution by the successful revolution,
there was no municipal law higher than the directives and orders of the revolutionary government.
Thus, during this interregnum, a person could not invoke an exclusionary right under a Bill of Rights
because there was neither a Constitution nor a Bill of Rights
Adoption of the Constitution
a.Proclamation No. 9, creating the Constitutional Commission of 50 members.
b.Approval of draft Constitution by the Constitutional Commission on October 15, 1986.
c.Plebiscite held on February 2, 1987.
d.Proclamation No. 58, proclaiming the ratification of the Constitution.
e.Effectivity of the 1987 Constitution: February 2, 1987, the date of the plebiscite when the people
ratified the Constitution
FEATURES OF 1987 CONSTITUTION
 The new Constitution consists of 18 articles and is excessively long
compared to the 1935 and 1973 constitutions.
 The independence of the judiciary has been strengthened with new provisions for appointment
thereto and an increase in its authority, which now covers even political questions formerly beyond its
jurisdiction.
 The Bill of Rights of the Commonwealth and Marcos constitutions has been considerably improved
in the 1987 Constitution and even bolstered with the creation of a Commission of Human Rights

Constitution
It is the body of rules and maxims in accordance with which the powers of sovereignty are habitually
exercised. It is a written instrument enacted by the direct action of the people by which the
fundamental powers of the government are established, limited, and defined, and by which those
powers are distributed among the several departments for their safe and useful exercise for the benefit
of the body politics.
Purpose of the Constitution
To prescribe the permanent framework of a system of government, to assign to the several
departments their respective powers and duties, and to establish certain first principles on which the
government is founded.

Effectivity of the Constitution

The Present Philippine Constitution took effect on February 2, 1987, which is the date of its
ratification in the plebiscite held on that same date and not on the date its ratification was
proclaimed.
Types of Constitution
1. Written or Unwritten
Written Constitution – one whose precept are embodied in one document or set of documents.
Unwritten Constitution - consists of rules which have not been integrated into a single, concrete
form but are scattered in various sources, such as statutes of a fundamental character, judicial
decisions, commentaries of publicists, customs and traditions, and certain common law principles.
2. Conventional (Enacted) or Cumulative (Evolved)
Conventional Constitution – one that is formally struck off at a definite time and place following a
conscious or deliberate effort taken by a constituent body or ruler.
Cumulative Constitution - is the result of political evolution, not inaugurated at any specific time
but changing by accretion rather than by any systematic method.
3. Rigid or Flexible
Rigid Constitution - is one that can be amended only by a formal and usually difficult process.
Flexible Constitution - is one that can be changed by ordinary legislation as I the case of an
unwritten constitutions.
Take note that the Philippine Constitution is written, conventional and rigid.
Qualities of a Good Written Constitution
1. Broad – It must be comprehensive enough to provide for every contingency and not just because it
provides for the organization of the entire government and covers all persons and things within the
territory of the State.
2. Brief – It must confine itself to basic principles to be implemented with legislative details more
adjustable to change and easier to amend.
3. Definite – It prevent ambiguity in its provisions which could result in confusion and divisiveness
among the people.

Essential Parts of a Good Written Constitution

1. Constitution of Liberty - The series of prescriptions setting forth the fundamental civil and
political rights of the citizens and imposing limitations on the powers of government as a means of
securing the enjoyment of those rights, e.g., Art. III.
2. Constitution of Government - The series of provisions outlining the organization of the
government, enumerating its powers, laying down certain rules relative to its administration, and
defining the electorate, e.g., Arts. VI, VII, VIII and IX.
3. Constitution of Sovereignty - The provisions pointing out the mode or procedure in accordance
with which formal changes in the fundamental law may be brought about, e.g., Art. XVII.

Amendments and Revision

Amendment broadly refers to a change that adds, reduces, or deletes without altering the basic
principles involved. Generally, affects only the specific provision. Revision, on the other hand,
broadly implies a change that alters at least one basic principle in the Constitutions, like altering the
principle of separation of powers or the system of check
and balances. There is also revision if the change alters the substantial entirety of the constitutions,
as when the change affects substantial provisions of the constitution. Generally, affects several
provisions of the Constitution.

Is the Proposal a Revision or Amendment?

There are two tests to determine whether the proposal is a revision or amendment:
1. Quantitative test – asks whether the proposed change is so extensive in its provisions as to
change directly the “substance en tirety” of the Constitution by the deletion or alteration of
numerous provisions. Note that the Court examines only the number of provisions and not the degree
of change.
2. Qualitative test - asks whether change will accomplish such far – reaching changes in the nature
of our basic governmental plan as to amount to a revision. Whether there is an alteration in the
structure of government is a proper subject of inquiry.
Thus, a change in the nature of the basic nature of the basic governmental plan includes change in its
fundamental powers of its branches.
Steps in the Amendment or Revision of the Constitution:
1. Proposal (Article XVII, Sec. 1, 1987 Constitution)
2. Submission
3. Ratification
Proposal may be made by:
1. Congress as Constitutional Assembly acting upon a vote of ¾ of all its members.
2. Constitutional Convention called for such purpose by a 2/3 vote of all the members of the
Congress or by majority vote of all its members, Congress may submit to the electorate the question of
calling such a convention.
3. People’s Initiative applies only to an amendment, not a revision, of the Constitution. A people’s
initiative can only propose amendments to the Constitution, inasmuch as the Constitution itself
limits initiatives to amendments, as shown by the deliberations of the
Constitutional Commission.
Initiative is the power of the people to propose amendments to the Constitution or to propose and
enact legislation through an election called for that purpose. It may be initiative on the constitution,
statutes, or local legislation. On the other hand, Referendum is the power of the electorate to approve
or reject legislation through an election called for that purpose. Referendum may be on statues and
local laws. Having said that, the former is the power of the people to propose bills and laws, and to
enact or reject them at the polls independent of
the legislative assembly. While the latter, is the right reserved to the people to adopt or reject any act
or measure which has been passed by legislative body and which in most cases would, without action
on the part of electors become a law.
Two essential elements of initiative:
1. People must author and personally sign the entire proposal; and
2. Proposal must be embodied in a petition.

Submission of Proposal
Submission of piecemeal amendments is unconstitutional. All the amendments must be submitted or
ratification at one plebiscite only.
The people must be given a proper frame of reference in arriving at their decision.
Ratification of Proposal
After submission, the proposed changes shall be valid when ratified by the majority of the vote cast in
a plebiscite, held not earlier than 60 days nor later than 90 days:
a.After approval by the Congress or Constitutional Convention of the proposed amendments or
revision; or
b.After certification by the COMELEC of the sufficiency of the petition by the people.

BASIS OF PHILIPPINE POLITICAL LAW

The principles of government and political law of the Philippines are fundamentally derived from
American jurisprudence. This condition was the inevitable outcome of the establishment of the
American rule in the Philippines. When Spain ceded the Philippines to the US, the Spanish Political
laws were automatically displaced by those of the US.

Basic Concepts Separation of Powers

Separation of powers means that the legislation belongs to
Congress, execution to the executive, settlement of legal controversies to the judiciary. Each is
prevented from invading the domain of others. Division and Assignment. Its starting point is the
assumption of the division of the functions of the government into three distinct classes - the
Executive, the Legislative and the Judicial. Its essence relies on the assignment of functions to one of
the three organs of government for the purpose of preventing the concentration of authority in one
person or group of persons that might lead to irreparable error or abuse in its exercise detriment to
republican institutions.

Checks and Balances

Allows one department to resist encroachments upon it prerogatives or to rectify mistakes or excesses
committed by the other department. However, the Supreme Court is the final arbiter to determine
whether there has been an encroachment between the branches.
The purpose is to secure coordination in the workings of the various departments of the government.
Examples of checks and balances are the following:
a. The approval of the president is required in the law – making process of the Congress. He may
exercise veto power
b. The president may also nullify a conviction in a criminal case by pardoning the offender.
c. Sole power to impeach officers who may only be removed by impeachment is vested to the Congress.
d. May also override the veto power of the President by a vote of 2/3 of all the members of each house.
Doctrine of Parens Patriae
Literally, “parent of the people.” One of the important tasks of the government is to act for the State as
parens patriae, or guardian of the rights of the people. It may initiate legal actions for and in behalf of
a particular individual.
Doctrine of Incorporation
The Philippines adopts the generally accepted principles of international law as part of the land and
adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.
Hence, the Philippine Court can use international law to settle domestic disputes in much the same
way that they would use the Civil Code or the Penal Code and other laws passed by Congress. It is also
called Doctrine of Transformation when generally accepted principles of international law are
localized through legislation.

Doctrine of Separation of Church and State

The rationale behind this doctrine is that “Strong fences make good neighbors.” The idea is to
delineate boundaries between the two institutions and thus avoid encroachments by one against the
other because of a misunderstanding of the limits of their respective exclusive
jurisdictions.

PREAMBLE

The Preamble serves as an introduction to the Constitution. The word 'preamble' comes from the
Latin word 'praeambulus,' meaning 'walking before'. It is considered a source of light and not a source
of rights or obligations.
The functions of the Preamble are as follows:
1.It sets down the origin, scope and purpose of the Constitution.
2.It enumerates the primary aims and expresses the aspirations of the framers in drafting the
Constitution.
3.Useful as an aid in the construction and interpretation of the text of the Constitution.
Its origin is the will of the “sovereign Filipino people.” The identification of the Filipino people as the
author of the constitution also calls attention to an important principle: that the document is not just
the work of representatives of the people but of the people themselves
who put their mark of approval by ratifying it in a plebiscite.
GENERAL CONSIDERATIONS
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 pursuant to Article 1 of
the 1987 Constitution. The definition in article 1 covers the following territories:
a.Those ceded to the U.S. by Spain under the Treaty of Paris in 1898;
b.Those defined in the treaty between the U.S. and the Spain on November 7, 1900, i.e., the islands of
Cagayan, Sulu, and Sibuto.
c. Those defined in the treaty between the U.S and Great Britain in January 2, 1930, i.e., the turtle
and Mangsee Islands;
d. The Islands of Batanes under the 1935 Constitution; and
e. Those contemplated in the phrase “belonging to the Philippines by historic right or legal title” in the
1973 Constitution.
Territory is the fixed portion of the surface of the earth inhabited by the people of the state.
Territory as an element of a state means an area over which a state has effective control.
Archipelago, on the other hand, is a body of water studded with islands. Moreover,Archipelagic state
means a state constituted wholly by one or more archipelagos and may include other islands.
Under the second sentence of Article 1 of the Constitution is an affirmation of the Archipelago
Doctrine, under which we connect the outermost point of our archipelago with straight baselines and
consider all the waters enclosed thereby as internal waters. The entire
archipelago is regarded as one integrated unit instead of being fragmented into so many thousand
islands, components of which are the following: terrestrial, fluvial, maritime and aerial domains.
The Philippine archipelago is that body of water studded with islands, which is delineated in the
Treaty of Paris, modified by the Treaty of Washington and the Treaty of Great Britain. The following
are the purposes of Archipelagic Doctrine: territorial integrity, national security, and economic
reasons.

THE CONCEPT OF STATE

A State refers to a community of persons, more or less numerous, permanently occupying a definite
portion of territory, independent of external control, and possessing an organized government to
which the great body of inhabitants render habitual obedience.
State is different form Nation because, the former is a legal concept while the latter is an ethnic or
racial concept. It is also different from Government because government is merely an instrumentality
of the State through which the will of the State is implemented and realized.
Elements of a State
1. People – refers to the inhabitants of the State whose number is capable for self – sufficiency and
self defense. They must come from both sexes for perpetuity. It may also refer to a community of
persons sufficient in number and capable of maintaining the continued
existence of the community and held together by a common bond of
law.
2. Territory – is the fixed portion of the surface of the earth inhabited
by the people of the state and subject to exclusive sovereign territory.
3. Sovereignty – is the supreme and uncontrollable power inherent in a
State by which that State is governed.
Kinds Sovereignty:
a.Legal Sovereignty – is the authority which has the power to issue final commands. In the
Philippines, the Congress is the legal sovereign.
b.Political Sovereignty – is the sum total of all the influences of a State, legal and non-legal,
which determine the course of law.
c.Internal Sovereignty – refers to the power of the State to control its domestic affairs. It is the
supreme power over everything within its territory.
d.External Sovereignty – also known as Independence, which is freedom from external control. It
is the power of State to direct its relations with other States.
Characteristics of Sovereignty: It is permanent, exclusive, comprehensive, absolute, indivisible,
inalienable, and imprescriptible.
4. Government – is the agency or instrumentality, through which the will of the state is formulated,
expressed and realized.
 The Government of the Republic of the Philippines is a term that refers to the corporate
governmental entity through which the functions of government are exercised throughout the
Philippine Islands, including, save as the contrary appears from context, the various arms
 through which political authority is made effective in said Islands, whether pertaining to the
central Government or to the provincial or municipal branches or other form of local government.
 On the national scale, the term “Government of the Philippines”refers to the three great
departments: the Executive, Legislative and the Judiciary. On the local level, it means the
Regional Provincial, City Municipal and Barangay Governments. It does not include government
entities, which are given a corporate personality separate and distinct for the government and
which are governed by the corporation law.

 Government vs. Administration

It s important to set a distinction between the above-mentioned terms. Government is the
institution through which the state exercises power while Administration consists of the set of people
currently running the institution

State Immunity
The State may not be sued without its consent. There can be no legal right against the authority
which makes the law on which the right depends. However, the state may be sued if it gives consent,
whether express or implied. The doctrine is also known as the Royal Prerogative of Dishonesty
because it grants the state the prerogative to defeat any legitimate claim against it by simply invoking
its non – suability.

DECLARATION OF PRINCIPLES AND STATE POLICIES

1. The Philippines is a democratic and republican State. Sovereignty resides in the people and
all government authority emanates from them.
Democratic State
Understood as participatory democracy; contemplates instances where people act directly, and not
through their representative. It shares some aspects of direct democracy such as
“initiative and referendum”. The word democratic is also a monument to the February Revolution
which re-won freedom through direct action of the people.

Republican State
Republic is a representative government run by the people and for the people. While, Republican
State is a state wherein all government authority emanates from the people and is exercised by
representatives chosen by the people.
The essence of republicanism is representation and renovation. The citizenry selects a corps of
public functionaries who derive their mandate from the people and act on their behalf, serving for a
limited period only, after which they are replaced or retained at the option of their principal.

2. Renunciation of War
The Philippines renounces war as an instrument of national policy, adopts the generally accepted
principles of international law as part of the law of the land and adheres to the policy of peace, quality,
justice, freedom, cooperation, and amity with all nations.
The Philippines only renounces AGGRESSIVE war as an instrument of national policy. It does not
renounce defensive war. Philippines Renounces Not Only War as member of the United Nations - the
Philippines does not merely renounce war but adheres to Article 2(4) of the UN charter, which states:
“All members shall refrain, in their international relations, from the threat or use of force against the
territorial integrity or political independence of any state, or in any other manner inconsistent with
Purposes of the United Nations.” Historical Development of the Policy Condemning or Outlawing War
in the International Scene:
a. Covenant of the League of Nations provided conditions for the right to go to war.
b. Kellogg-Briand Pact of 1928, also known as the General Treaty for the Renunciation of War, ratified
by 62 states, which forbade war as “an instrument of national policy.”
c. Charter of the United Nations prohibits the threat or use of force against the territorial integrity or
political tindependence of a State.
3. Civilian Supremacy
Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is
the protector of the people and the State. Its goal is to secure the sovereignty of the State and the
integrity of the national territory.
Thus, civilian authority is always supreme over the military is implicit in a republican system.
Still, it was felt advisable to expressly affirm this principle in the Constitution to allay all fears of a
military take-over of our civilian government. It was also fittingly declared that the President, who is a
civilian official, shall be the commander-in-chief of all the armed forces of the Philippines.
The deployment of the military in the metropolis to conduct joint visibility patrols with the PNP
does not constitute breach of the civilian supremacy clause.
4. Compulsory Miliary and Civil Service; Protection of People and State
The prime duty of the Government is to serve and protect the people. The Government may call upon
the people to defend the State and, in the fulfillment thereof, all citizens may be required, under
conditions provided by law, to render personal, military or civil service.
5. Peace and Order; General Welfare
The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the
general welfare are essential for the enjoyment by all the people of the blessings of
democracy.
6. Separation of Church and State
The separation of Church and State shall be inviolable. The State is not task to favor any religion by
protecting it against an attack by another religion in relation to religious differences. Separation of
Church and State is reinforced by: a) Freedom of Religion Clause (Article III, Section 5); b) Religious
sect cannot be registered as a political party (Article IX-C, Section 2(5)); c) No sectoral representatives
from the religious sector. (Article VI, Section 5 (2)); d) Prohibition against appropriation against
sectarian benefit. (Article VI, 29(2)). However, there are exceptions, to wit: a) Churches,
parsonages, etc. actually, directly and exclusively used for religious purposes shall be exempt from
taxation (Article VI, Section 28(3)); b) When a priest, preacher, minister or dignitary is assigned to the
armed forces, or any penal institution or government orphanage or leprosarium, public money may be
paid to them (Article VI, Section 29(2)); c) Optional religious instruction for public elementary and
high school students (Article XIV,
Section 3(3)); d) Filipino ownership requirement for education institutions, except those established
by religious groups and mission boards. (Article XIV, Section 4(2)).
7. Independent Foreign Policy
The State shall pursue an independent foreign policy. In its relations with other states, the paramount
consideration shall be national sovereignty, territorial integrity, national interest, and the right to
self-determination.
The word “relations” covers the whole gamut of treaties and international agreements and other
kinds of intercourse.
8. Freedom from Nuclear Weapons
The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from
nuclear weapons in its territory. The policy includes the prohibition not only of the
possession, control, and manufacture of nuclear weapons but also nuclear arms tests. Exception to
this policy may be made by the political department but it must be justified by the demands of the
national interest. The policy does not prohibit the peaceful use of nuclear energy.
9. Social Order
The State shall promote a just and dynamic social order that will ensure the prosperity and
independence of the nation and free the people from poverty through policies that provide adequate
social services, promote full employment, a rising standard of living, and an improved quality of life for
all.
10. Social Justice
The State shall promote social justice in all phases of national development. Social Justice is neither
communism, nor despotism, nor atomism, nor anarchy, but the humanization of the laws and the
equalization of the social and economic forces by the State so that justice in its rational and
objectively secular conception may at least be approximated .
Social justice simply means the equalization of economic, political, and social opportunities with
special emphasis on the duty of the state to tilt the balance of social forces by favoring the
disadvantaged in life
11. Respect for Human Dignity
The State values the dignity of every human person and guarantees full respect for human rights. The
concretization of this provision is found principally in the Bill of Rights and in the
human rights provision of Article XIII.
12. Right to life of the unborn
The State shall equally protect the life of the mother and the life of the unborn from conception. The
protection accorded to the unborn starts from conception, which is equivalent to fertilization.
13. Balanced and Healthful Ecology
The State shall protect and advance the right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.
The right to health and to balanced and healthful ecology is a right that can exist independent of any
constitutional grant or recognition. This right emanates from being a human. While the right to a
balanced and healthful ecology is to be found under the Declaration of Principles and State Policies
and not under the Bill of Rights, it does not follow that it is less important than any of the civil and
political rights enumerated in the latter. Such a right belongs to a different category of rights for it
concerns nothing less than self-preservation and self-perpetuation. These basic rights need not even
be written in
the Constitution for they are assumed to exist from the inception of humankind.
14. Labor
The State affirms labor as a primary social economic force. It shall protect the rights of workers and
promote their welfare.
What concerns the Constitution more paramountly is employment be above all, decent, just and
humane. It is bad enough that the country must send its sons and daughters to
strange lands, because it cannot satisfy their employment needs at home. Under these circumstances,
the Government is duty bound to provide them adequate protection, personally and economically,
while away from home.
15. Agrarian Reform
The State shall promote comprehensive rural development and agrarian reform.
The policy of agrarian reform allows the actual distribution of land individually to farmer beneficiaries
or collectively in consonance with Section 4, Article XIII.
16. Local Autonomy
The State shall ensure the autonomy of local governments. the 1987 Constitution local autonomy
simply means “decentralization” and does not make the local governments sovereign within the
State or an imperium in imperio. Decentralization of administration is merely a delegation of
administrative powers to the local government unit in order to
broaden the base of governmental powers. Decentralization of power is abdication by the national
government of governmental powers. Even as it is recognized that the Constitution guarantees
autonomy to local government units, the exercise of local autonomy remains subject to the power of
control by Congress and the power of general supervision by the President.

BRANCHES OF THE GOVERNMENT

1. The Legislative branch is authorized to make laws, alter, and repeal them through the power
vested in the Philippine Congress. This institution is divided into the Senate and the House of
Representatives.
2. The Executive branch carries out laws. It is composed of the President and the Vice President who
are elected by direct popular vote and serve a term of six years. The Constitution grants the President
authority to appoint his Cabinet. These departments form
a large portion of the country’s bureaucracy.
3. The Judicial branch evaluates laws. It holds the power to settle controversies involving rights that
are legally demandable and enforceable. This branch determines whether or not there has been a
grave abuse of discretion amounting to lack or excess of jurisdiction on the part and instrumentality
of the government. It is made up of a Supreme Court and lower courts.

FUNDAMENTAL POWERS OF THE STATE

1) Police power
It is the State authority to enact legislation that may interfere with personal liberty or property in
order to promote the general welfare. Generally, police power is lodged primarily in the National
Legislature. However, it may delegate it to the President and administrative boards as the lawmaking
bodies of municipal corporations or local government units. Once delegated, the agent can exercise
only such powers as are conferred on them by the national
lawmaking.

2) Power of Eminent Domain

Power of Eminent Domain also known as the “power of expropriation” is the power to forcibly take
private property for public use upon payment of just compensation
3) Power of Taxation
Taxation refers to the inherent power of the state to demand enforced contributions for public
purposes.
Power of Taxation is the power by which the sovereign, through its law-making body, raises revenue
to defray the necessary expenses of government. It is a way of apportioning the expenses of
government among those who in some measure are privileged to enjoy its benefits
and must bear its burdens.
Double Taxation
It is defined as taxing the same person twice by the same jurisdiction over the same thing. However,
there is no double taxation where one tax is imposed by the State and the other by City.
Tax Exemptions
No law granting any tax exemptions shall be passed without the concurrence of a majority of all the
members of the Congress

BILL OF RIGHTS
In general, the Bill of Rights is the set of prescriptions setting forth the fundamental civil and political
rights of the individual, and imposing limitations on the powers of government as a means of securing
the enjoyment of those rights. The Bill of Rights is designed to preserve the ideals of liberty, equality
and security “against the assaults of opportunism, the expediency of the passing hour, the erosion of
small encroachments, and the scorn and derision of those who have no patience with general
principles”
1. Due Process of Law and Equal Protection Law
Due process is a guaranty against any arbitrariness on the part of the government, whether
committed by the legislative, executive, or the Judiciary. A law which hears before it condemns, which
proceeds upon inquiry and renders judgment only after trial. The embodiment of the sporting idea of
fair play. The essence of Due Process is simple: It
gives an individual the opportunity to be heard, or an opportunity to explain one’s side, or an
opportunity to seek a reconsideration of the action or ruling complained of.

Rights Protected are as follows:

1. Right to life – is not merely a right to the preservation of life but also the security of the limbs
and organs of the human body against any unlawful harm.
2. Right to Liberty – refers to something which is more than mere freedom from physical restraint
or bounds of a prison. It includes the right of the citizen to be free to use his faculties in all lawful
ways.
3. Right to Property - is anything that can come under the right of ownership and be the subject of
contract. It represents more than the things a person owns; it includes the right to secure, use and
dispose of them
2. Equal Protection of Law
Equal Protection of law provides that all persons or things similarly situated should be treated alike,
both as to rights conferred and responsibilities imposed. Natural and juridical persons are entitled to
this guarantee; but with respect to artificial persons, they enjoy the
protection only insofar as their property is concerned.
3.Searches and Seizures
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 probablecause to be determined personally by a
judge, after examination under oath or affirmation of the complainant and the witnesses he may
produce, particularly describing the place to be searched, or the persons or things to the seized.
5. Freedom of Expression
This covers any and all modes of expression that are embraced in the guaranty. These freedom of
expression includes freedom of speech and free press, free assembly; free of petition, free to profess
and practice religion and right of association or the right to form
associations
6. Freedom of Religion Religion is any specific system of belief, worship, conduct, etc., often
involving a code of ethics and philosophy; profession of faith to an active power that binds and
elevated man to his creator.
The principle of separation of church and state is based in mutual respect. The State cannot meddle
in the internal affairs of the Church, much less question its faith and dogmas or dictate upon it. On
the contrary, the Church cannot impose its beliefs and convictions on the
State and the rest of the citizenry. It cannot demand that the nation follow its beliefs, even if it
sincerely believes that they are good for the country.
7. Liberty of Abode and Right to Travel
Liberty of Abode includes the right to choose one’s residence, to leave whenever he pleases and to
travel wherever he will while right to travel refers to the right to move from one place to another.
Note that that there are limitations – the Liberty of Abode may be impaired only upon lawful order of
the court and within the limits prescribed by law. In contrast, right to travel may be curtailed even by
administrative authorities in the interest of national security, public
safety or public health as may be provided. However, the right to return to one’s country is not
included in the right to travel. The right to travel only includes the right to travel from the Philippines
to another country and the right to travel within the Philippines.
8. Right to Information
The right to information contemplates inclusion of negotiations leading to the consummation of the
transaction. Otherwise, the people can never exercise the right if no contract is consummated, or if
one is consummated, it may be too late for the public to expose its defects.
However, the right only affords access to records, documents and papers, which means the
opportunity to inspect and copy them at his expense. The exercise is also subject to reasonable
regulations to protect the integrity of public records and to minimize disruption of
government operations.
9. Right to Form an Association
The right to form associations cannot be impaired without due process of law. It is deemed embraced
in freedom of expression because
the organization can be used as a vehicle for the expression of views that have a bearing on the public
welfare. The right to assembly does not include the right to strike. The former is a separate civil right
granted to workers of private employers under the Labor Code.
10. Non – Impairment of Contracts
A contract is any lawful agreement on the property rights, whether real or personal, tangible or
intangible. Impairment is anything that diminishes the efficacy of a contract. To constitute a
substantial impairment, the law must effect a change in the rights of the parties
with reference to each other and not with respect to non–parties.
11. Right of Suspects under Custodial Investigation
Custodial Investigation is any questioning initiated by law enforcement officers after a person has
been taken into custody or otherwise deprived of his freedom of action in any significant way. It
includes the practice of issuing “invitation” to a person who is
investigated in connection with an offense he is suspected to have committed, without prejudice to the
liability of the inviting officer for any violation
12. Right to bail
A bail is the security given for the release of a person in custody of law, furnished by him or a
bondsman, to guarantee his appearance before any court as required under conditions specified
under the Rules of Court. A bail may be in the form of: 1) Cash deposit; 2) Property
bond; 3) Corporate surety; and 4) Recognizance.
The right to bail emanates from the right to be presumed innocent. It is accorded to a person in
custody of the law who may by reason of the presumption of innocence he enjoys, be allowed
provisional liberty upon filing a security to guarantee his appearance before any court, as required
under specific circumstances. Any person under detention, even if no formal charges have yet been
filed, can invoke the right to bail
13. Rights of the Accused
A. Criminal due process.
B. Presumption of Innocence
C. Right to be heard by Himself and Counsel
D. Right to be Informed of the nature and cause of the accusation against Him
E. Right to Speedy, Impartial, and Public Trial
A Speedy Trial is a trial free from vexatious, capricious and oppressive delays. But justice and
fairness, not speed, are the objectives. Accused is entitled to dismissal, equivalent to acquittal, if trial
is unreasonably delayed.
Impartial trial is when the accused is entitled to the “cold neutrality of an impartial judge”.
Public trial, on the other hand, is intended to prevent possible abuses which may be committed
against the accused
Right to Self – Incrimination
G. Non-detention by reason of political
beliefs or aspirations J. Non – Impairment for Debt
H. Involuntary servitude K. Double Jeopardy
I. Excessive Fines and Cruel and Inhumane L. Ex Post Facto Law and Bill of Attainder
Punishments
DO THIS!!
Fill in the Blank. Complete the Preamble below by filling-in with the correct word/s.
Preamble
We, the 1.__________ Filipino people, imploring the 2._______ of Almighty God, in order to build a just
and 3.__________ society, and establish a Government that shall embody our 4.__________ and
aspirations, promote the 5.______________, conserve and develop our6.____________, and secure to
ourselves and our posterity, the blessings of 7._____________ and 8._____________ under the rule of law
and a regime of truth, 9.____________, freedom, 10.______, equality, and peace, do ordain and
promulgate this Constitution

1. What do you think is the primary purpose of the Preamble?

2. Write the part of the Preamble that says that the Constitution is Pro-God.

3. Write the part of the Preamble that says that the Constitution is Pro-Country.

4. Write the part of the Preamble that says that the Constitution is Pro-Filipino.