Comparative Analysis on the Philippine Constitution

ARTI VII

Extent of the Philippine Territory

Malolos Constitution
There are no explicit provisions in the Malolos Constitution that defines nor delimits the
extent of the national territory of the Philippines. This is for the reason that the
Philippines is still under the rule of the Kingdom of Spain. Thus, the territories of the
Philippines are not yet defined.

1935 Constitution (as amended)

The Article I of the 1935 Constitution defines the National territory of the Philippines as
all the territory ceded to the United States by the treaty of Paris concluded between the
United States and Spain. The definitions and delimitations are provided under Article III
of the Treaty of Paris. However, it is vague as it did not specify what comprises the
totality of the National territory but only to its location and demarcations.

1973 Constitution (as amended)

The Article I of the 1973 Constitution explicitly provides the historic and geographical
sovereignty and jurisdiction of the Philippines. Herein, territories acquired by historic or
by legal title formed part of the National Territory. Its geographic characteristics are
provided as follows: territorial sea, the air space, the subsoil, the sea-bed, the insular
shelves, and the submarine areas over which the Philippines has sovereignty or
jurisdiction, and including the waters around, between, and connecting the islands of the
archipelago, irrespective of their breadth and dimensions.

1987 Constitution
The Article I of the 1987 Constitution is similar to the provisions of the 1973 Constitution
with regards to the national territory except that it omitted the territories acquired
through historic or legal title. As the inclusion of such provision in the 1973 Constitution
merely acts as a cover-all for our pending claims to disputed territories. However, the
omission does not preclude the future claims of territories.       

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System and Structure of Government 

Malolos Constitution
Under Article IV, Title II of the Malolos Constitution, the Government of the Republic is
popular, representative, alternative, and responsible. It lays out the distinct powers of
the government which are as follows:

Executive – The executive power shall be vested to the President and shall
exercise these powers through his Department Secretaries. In his death or
resignation, the power to elect a new President is vested unto the legislative. He
shall be elected by absolute majority of votes by the Assembly and by the special
Representatives, convened in chamber assembles. His term of office shall be four
years, and may be reelected. No qualifications for the election of President is
specified. In the event that President cannot carry on his functions by death or
resignation, the Assembly shall meet in session by its own right or by initiative of the
President or of the Permanent Commission. For the time that the President has not
been elected, his executive power shall be exercised by the Chief Justice of the
Supreme Court of which office shall be taken over by one of the Justices of the
Court, in accordance with law.

Legislative – The legislative power shall be exercised by an Assembly of

Representatives of the Nation. The Assembly is also vested for the formation of the
Permanent Commissions. The office of Representatives shall be for a term of four
years. However, the qualifications, manner of election, and the number of
Representatives elected are not explicitly provided in the constitution.

Judiciary - The exercise of judicial power shall be vested in one Supreme Court and
in other courts established by law. The composition of the Supreme Court is not
provided. However it shall be in the leadership of the Chief Justice. The
qualifications for the judiciary power are also not provided. As to the manner of
appointment, The Chief Justice together with the Solicitor – General shall be chosen
by the legislative with the concurrence of the President and the Secretaries of the
Government.

Notable provision of the Malolos Constitution is that the President has a quasi –
legislative power of which he can draft bills equally as the members of the
Assembly.  However, it is also need to note that constitution vague in a way that
qualifications and manners of elections are not provided thereof.
More so, Malolos Constitution is symbolic in a way that it was the first Constitution of the
Philippines. Even if it has not been implemented, the noble cause and aspiration
towards freedom still stands.

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1935 Constitution (as amended)

Under Section I, Article II of the 1935 Constitution provides that the Philippines is a
republican state. The republican form of government is the same as the Malolos
Constitution. It also lays out the distinct powers of the government which are as follows:

Executive - The executive power shall be vested in a President of the Philippines.

There shall be a Vice-President who shall have the same qualifications and term of
office as the President and may be removed from office in the same manner as the
President. Both shall be elected by the direct vote of the people. The highest number
of votes respectively shall assume the executive power but in the event that two or
more has the equal number of votes, the President or the Vice – President shall be
chosen by the majority of the Members of the Congress in joint session assembled.
No person shall serve as President for more than eight consecutive years. Thus,
reelection shall only be up to two consecutive terms.

The President and the Vice President shall be forty years or over at the date of his
election. Both must a natural born citizen, qualified voter and a resident of the
Philippines for at least ten years immediately preceding his election. The following
circumstances qualifies the Vice – President to assume the executive power of the
President: In the event that the President have died, and in the event that no
President has been chosen before the time fixed for the beginning of his term. In
case that neither President nor Vice President be chosen the Congress may
intervene and may by law provide who shall assume the respective powers or the
manner of its selection.

Legislative - The Legislative power shall be vested in a Congress of the Philippines,

which shall consist of a Senate and a House of Representatives. The Congress shall
be composed of twenty-four Senators and not more than one hundred twenty
members of the House Representatives. Both must be primarily natural born citizens
of the Philippines.
The Senators shall be elected as large by the qualified electors, and at the time of
his election, is at least thirty-five years of age, a qualified elector, and a resident of
the Philippines for not less than two years immediately prior to his election. The
Representative on the other hand, shall be elected by the qualified electors from the
present Assembly District, and, at the time of his election, is at least twenty-five
years of age, a qualified elector, and a resident of the province in which he is chosen
for not less than one year immediately prior to his election. The term for office for the
Senators and Representative shall be six years and four years respectively. Both
also must be natural born citizens of the Philippines to qualify such electoral post.

Judiciary – The Judicial power shall be vested in one Supreme Court and in such
inferior courts as may be established by law. It shall be composed of a Chief Justice
and ten Associate Justices and may sit either en banc or in two divisions unless
otherwise provided by law. The qualifications for the justices are as follows: he has

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been five years a citizen of the Philippines, is at least forty years of age, and has for
ten years or more been a judge of a court of record or engaged in the practice of law
in the Philippines. The members of the Supreme Court and judges of inferior courts
shall be within the discretion of the President with the consent of the Commission on
Appointments.

Notable provision of the 1935 Constitution is that it explicitly provides the qualifications
of the people who shall assume the office of the three branches of government. Also, it
is symbolic in a way that the direct participation of the people in the matters of the
government is expressed through the exercise of suffrage. This is in a way ascertaining
the freedom and the sovereignty of the Philippines and its people.

1973 Constitution (as amended)

Under Section I, Article II of the 1973 Constitution merely retains the provisions in the
preceding 1935 Constitution. The Philippines continues to be republican state. It also
retains the distinct powers of the government which are as follows:

Executive – The executive power shall be vested to the Prime Minister and shall be
the head of the government. The Prime Minister the cabinet shall be responsible to
the National Assembly for the program of government and shall determine the
guidelines of national policy. He also have control of all ministries.

With him, the President shall be the head of state and chief executive of the
Republic of the Philippines. There shall be a Vice-President who shall have the
same qualifications and term of office as the President and may be removed from
office in the same manner as the President. The President and the Vice – President
shall be elected from among the Members of the National Assembly by a majority
vote of all its Members for the term of six years from the date he takes his oath of
office. It is not mentioned however, as to whether the President or the Vice –
President cannot be reelected on the same office.

The President and the Vice – President shall be at least fifty years of age at the date
of his election. Both must also be resident of the Philippines for at least ten years
immediately preceding his election. However, if no Member of the National
Assembly is qualified or none of those qualified is a candidate for President, any
Member thereof may be elected President. This is in the intention that there should
be a President elected among themselves even if no one has qualified with the
above-mentioned qualifications. In contrary, no specific qualifications has been set
forth for the position of Prime Minister. In the event that the President cannot carry
on his function may it be by permanent disability, death, removal from office, or
resignation, the Speaker of the National Assembly shall act as President until a
successor has been elected for the unexpired portion of the term of vacated power.

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Legislative - The legislative power shall be vested in a National Assembly. It shall

be composed of as many Members as may be provided by law to be appointed
among the provinces, representative districts, and cities in accordance with the
number of their respective inhabitants and on the basis of a uniform and progressive
ratio. The members shall serve for a term of six years which shall begin, unless
otherwise provided by law, at noon on the thirtieth day of June next following their
election.
The qualifications for the member are as follows: at least twenty-five years of age,
able to read and write, a registered voter in the district in which he shall be elected,
and a resident thereon for a period of not less than one year immediately preceding
the day of the election.
The power to choose the executive department is vested upon the legislative. The
choices as to who the elected Executive department will be are also within the
legislative. Those elected for the executive function, seizes their legislative function
in the National Assembly.
Judiciary - The Judicial power shall be vested in one Supreme Court and in such
inferior courts as may be established by law. The Supreme Court shall be composed
of a Chief Justice and fourteen Associate Justices. It may sit en banc or in two
divisions. The qualifications for the justices are as follows: he must be a natural born
citizen of the Philippines, at least forty years of age, been a judge of a court of
record or engaged in the practice of law in the Philippines. The members of the
Supreme Court and judges of inferior courts shall be within the discretion of the
President.

Notable provision of authoritarian 1973 Constitution is that the manner of election for the
executive department has now been conferred only onto the national assembly. This is
in a way provides for the shift from presidential to a parliamentary form of government.
The democratic legitimacy of the executive derives now from the legislative.

1987 Constitution
Under Section I, Article II of the 1987 Constitution, it states that the Philippines is a
democratic and republican state. Democracy as an ideology and republican as a form of
government. This is to reinstate the importance of a democratic society, that everyone
has the right to choose those in office, which was impaired during martial law and during
the authoritarian 1973 Constitution. Like the preceding constitutions, the distinct powers
of the government are as follows:
Executive – The President is the one vested with the executive power and shall
have a Vice – President. The executive department provisions in this constitution is
similar to that of the 1935 Constitution with few changes. It includes the term of only
six years with no reelection.

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Legislative - The Legislative power shall be vested in a Congress of the

Philippines, which shall consist of a Senate and a House of Representatives. The
Legislative department provisions in this constitution is also similar to that of the
1935 Constitution with few changes as well. It includes the people by the provision
on initiative and referendum as source of legislation, and the inclusion of party-list
systems in the House of Representatives.
Judiciary – The Supreme Court shall be composed of a Chief Justice and fourteen
Associate Justices. It may sit en banc or in its discretion, in divisions of three, five,
or seven Members. Qualifications for the judiciary position shall be prescribed by
the Congress, but basic requirement shall be his Philippine citizenship and his
membership of the Philippine Bar.

Notable provisions in the constitution is that it included direct power of the people to
legislate through the initiatives and referendum provision under the legislative
department. This is an inclusive provision that stresses the importance of the direct
people’s participation which can be expressed to a legislative power.

The term of the elected officials specifically that of the executive is also provided to
make sure that no hold of power shall be vested to a person on a long period of time as
this may result into grave abuse which is apparent during the martial law.

The 1987 Constitution provides a structure of Government that has robust foundation on
checks and balances among the three branches of government to mitigate possibilities
of grave abuse of any of its branches.

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Power of the President to declare Martial Law

Malolos Constitution
There are no explicit provisions in the Malolos Constitution that defines the extent of
power of the President to declare Martial Law.

1935 Constitution (as amended)

In case of invasion, insurrection, or rebellion or imminent danger thereof, when the
public safety requires it, The President may suspend the privilege of the writ of habeas
corpus, or place the Philippines or any part thereof under Martial Law. The President
has the sole authority to declare such and no intervention nor approval from the
legislative department is required. Placing the state under Martial Law is then provided
as sole executive power.

1973 Constitution (as amended)

With the causes similarly provided in the 1935 Constitution, The Prime Minister may
suspend the privilege of the writ of habeas corpus, or place the Philippines or any part
thereof under Martial Law. The Prime Minister has the sole authority to declare so. No
intervention nor approval from the legislative department needed. Placing the state
under Martial Law is then provided also as sole executive power.

1987 Constitution

With the causes also similarly provided in the preceding two Constitution, The President
may suspend the privilege of the writ of habeas corpus, or place the Philippines or any
part thereof under Martial Law. However, the legislative department can intervene by
revoking or by extending such proclamation. The judiciary can also intervene by a
review in an appropriate proceeding filed by any citizen, the sufficiency of the factual
basis of the proclamation of martial law or the suspension of the privilege of the writ or
the extension thereof.

The suspension of the privilege of the writ shall apply only to persons judicially charged
for rebellion or offenses inherent in or directly connected with the invasion. During such
suspension, any person thus arrested or detained shall be judicially charged within
three days, otherwise he shall be released.

Safeguards are provided under the 1987 Constitution to mitigate grave abuse of power
during a declaration of a Martial Law towards any person. These are apparent by

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means that the legislative and the judiciary can intervene to the executive proclamation
of such.

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Extend of Judicial Power and power to make the rules of court

Malolos Constitution

To the Court corresponds exclusively the power to apply the laws, in the name of the Nation,
in all civil and criminal trials.

The same codes of laws shall be applied throughout the Republic, without prejudice to
certain variations according to circumstances as determined by law.

In all trials, civil, criminal, and administrative, all citizens shall be governed by one code of
laws and procedure.

The courts of justice shall not apply general local regulations, except when they conform to
the laws.

 The exercise of judicial power shall be vested in one Supreme Court and in other courts
established by law. Their composition, organization, and other attributes shall be determined
by the laws creating them.

The Chief Justice of the Supreme Court and the Solicitor-General shall be chosen by the National
Assembly in concurrence with the President of the Republic and the Secretaries of the Government,
and shall be absolutely independent of the Legislative and Executive Powers.

Any citizen may file suit against any member exercising the Judicial Power for any crime committed
by them in the discharge of their office.

1935 Constitution (as amended)

The judicial power shall be vested in one Supreme Court and in such inferior courts as
may be established by law.

The Congress shall have the power to define, prescribe and apportion the jurisdiction
of various courts, but may not deprive the Supreme Court of its original jurisdiction
over cases affecting ambassadors, other public ministers, and consuls, nor of its
jurisdiction to review, revise, reverse, modify, or affirm on appeal, certiorari, or writ of
error, as the law or the rules of court may provide, final judgments and decrees of
inferior courts in:

(1) All cases in which the constitutionality or validity of any treaty, law, ordinance, or
executive order or regulation is in question.

(2) All cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto.

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(3) All cases in which the jurisdiction of any trial court is in issue.

(4) All criminal cases in which the penalty imposed is death or life imprisonment.

(5) All cases in which an error or question of law is involved.

Until the Congress shall provide otherwise the Supreme Court shall have such original
and appellate jurisdiction as may be possessed and exercised by the Supreme Court of
the Philippine Islands at the time of the adoption of this Constitution. The original
jurisdiction of the Supreme Court shall include all cases affecting ambassadors, other
public ministers, and consuls.

The Supreme Court shall be composed of a Chief Justice and ten Associate Justices
and may sit either en banc or in two divisions unless otherwise provided by law.

The Members of the Supreme Court and all judges of inferior courts shall be appointed
by the President with the consent of the Commission on Appointments.

Section 6. No person may be appointed Member of the Supreme Court unless he has
been five years a citizen of the Philippines, is at least forty years of age, and has for ten
years or more been a judge of a court of record or engaged in the practice of law in the
Philippines.

Section 7. No judge appointed for a particular district shall be designated or transferred

to another district without the approval of the Supreme Court. The Congress shall by
law determine the residence of judges of inferior courts.

Section 8. The Congress shall prescribe the qualifications of judges of inferior courts,
but no person may be appointed judge of any such courts unless he is a citizen of the
Philippines and has been admitted to the practice of law in the Philippines.

Section 9. The Members of the Supreme Court and all judges of inferior courts shall
hold office during good behavior, until they reach the age of seventy years, or become
incapacitated to discharge the duties of their office. They shall receive such
compensation as may be fixed by law, which shall not be diminished during their
continuance in office. Until the Congress shall provide otherwise, the Chief Justice of
the Supreme Court shall receive an annual compensation of sixteen thousand pesos,
and each Associate Justice, fifteen thousand pesos.

Section 10. All cases involving the constitutionality of a treaty or law shall be heard and
decided by the Supreme Court en banc, and no treaty or law may be declared
unconstitutional without the concurrence of two-thirds of all the Members of the Court.

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Section 11. The conclusions of the Supreme Court in any case submitted to it for
decision shall be reached in consultation before the case is assigned to a Justice for a
writing of the opinion of the Court. Any Justice dissenting from a decision shall state
the reasons for his dissent.

Section 12. No decision shall be rendered by any court of record without expressing
therein clearly and distinctly the facts and the law on which it is based.

Section 13. The Supreme Court shall have the power to promulgate rules concerning
pleading, practice, and procedure in all courts, and the admission to the practice of
law. Said rules shall be uniform for all courts of the same grade and shall not diminish,
increase, or modify substantive rights. The existing laws on pleading, practice, and
procedure are hereby repealed as statutes, and are declared Rules of Courts, subject
to the power of the Supreme Court to alter and modify the same. The Congress shall
have the power to repeal, alter or supplement the rules concerning pleading, practice,
and procedure, and the admission to the practice of law in the Philippines.

1973 Constitution (as amended)

Section 1. The Judicial power shall be vested in one Supreme Court and in such inferior
courts as may be established by law. The Batasang Pambansa shall have the power to
define, prescribe and apportion the jurisdiction of the various courts, but may not
deprive the Supreme Court of its jurisdiction over cases enumerated in Section five
thereof.

Section 2.

1. The Supreme Court shall be composed of a Chief Justice and fourteen Associate
Justices. It may sit en banc or in two divisions.

2. All cases involving the constitutionality of a treaty, executive agreement, or law shall
be heard and decided by the Supreme Court en banc, and no treaty, executive
agreement, or law may be declared unconstitutional without the concurrence of at least
ten Members. All other cases, which under its rules are required to be heard en banc,
shall be decided with the concurrence of at least eight Members.

3. Cases heard by a division shall be decided with the concurrence of at least five
Members, but if such required number is not obtained, the case shall be decided en

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banc: Provided, that no doctrine or principle of law laid down by the Court in a decision
rendered en banc or in a division may be modified or reversed except by the Court
sitting en banc.

Section 3.

1. No person shall be appointed Member of the Supreme Court unless he is a natural

born citizen of the Philippines, at least forty years of age, and has for ten years or more
been a judge of a court of record or engaged in the practice of law in the Philippines.

2. The Batasang Pambansa shall prescribe the qualifications of judges of inferior

courts, but no person may be appointed judge thereof unless he is a natural-born citizen
of the Philippines and a member of the Philippine Bar.

Section 4. The Members of the Supreme Court and judges of inferior courts shall be
appointed by the President.

Section 5. The Supreme Court shall have the following powers:

1. Exercise original jurisdiction over cases affecting ambassadors, other public

ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.

2. Review and revise, reverse, modify, or affirm on appeal or certiorari, as the law or the
rules of court may provide, final judgments and decrees of inferior courts in:

1. All cases in which the constitutionality or validity of any treaty, executive agreement,
law, ordinance, or executive order or regulation is in question.

2. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.

3. All cases in which the jurisdiction of any inferior court is in issue.

4. All criminal cases in which the penalty imposed is death or life imprisonment.

5. All cases in which only an error or question of law is involved.

3. Assign temporarily judges of inferior courts to other stations as public interest may
require. Such temporary assignment shall not last longer than six months without the
consent of the judge concerned.

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4. Order a change of venue or place of trial to avoid a miscarriage of justice.

5. Promulgate rules concerning pleading, practice, and procedure in all courts, the
admission to the practice of law, and the integration of the bar, which, however, may be
repealed, altered or supplemented by the Batasang Pambansa. Such rules shall provide
a simplified and inexpensive procedure for the speedy disposition of cases, shall be
uniform for all courts of the same grade, and shall not diminish, increase, or modify
substantive rights.

6. Appoint its officials and employees in accordance with the Civil Service Law.

Section 6. The Supreme Court shall have administrative supervision over all courts and
the personnel thereof.

Section 7. The Members of the Supreme Court and judges of inferior courts shall hold
office during good behavior until they reach the age of seventy years or become
incapacitated to discharge the duties of their office. The Supreme Court shall have the
power to discipline judges of inferior courts and, by a vote of at least eight Members,
order their dismissal.

Section 8. The conclusions of the Supreme Court in any case submitted to it for
decision en banc or in division shall be reached in consultation before the case is
assigned to a Member for the writing of opinion of the Court. Any Member dissenting
from a decision shall state the reasons for his dissent. The same requirement shall be
observed by all inferior collegiate courts.

Section 9. Every decision of a court of record shall clearly and distinctly state the facts
and the law on which it is based. The Rules of Court shall govern the promulgation of
minute resolutions.

Section 10. The salary of the Chief Justice and of the Associate Justices of the
Supreme Court, and of judges of inferior courts shall be fixed by law, which shall not be
decreased during their continuance in office. Until the Batasang Pambansa shall provide
otherwise, the Chief Justice shall receive an annual salary of seventy-five thousand
pesos, and each Associate Justice, sixty thousand pesos.

Section 11.

1. Upon the effectivity of this Constitution, the maximum period within which a case or
matter shall be decided or resolved from the date of its submission, shall be eighteen

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months for the Supreme Court, unless reduced by the Supreme Court, twelve months for
all inferior collegiate courts, and three months for all other inferior courts.

2. With respect to the Supreme Court and other collegiate appellate courts, when the
applicable maximum period shall have lapsed without the rendition of the
corresponding decision or resolution, because the necessary vote cannot be had, the
judgment, order, or resolution appealed from shall be deemed affirmed except in those
cases where a qualified majority is required and in appeals from judgments of
conviction in criminal cases, and in original special civil actions and proceedings for
habeas corpus, the petition in such cases shall be deemed dismissed, and a
certification to this effect signed by the Chief Magistrate of the court shall be issued
and a copy thereof attached to the record of the case.

Section 12. The Supreme Court shall, within thirty days from the opening of each regular
session of the Batasang Pambansa, submit to the President, the Prime Minister, and the
Batasang Pambansa an annual report on the operations and activities of the Judiciary.

1987 Constitution

SECTION 1. The judicial power shall be vested in one Supreme Court and in such lower
courts as may be established by law.

Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion amounting to lack or excess
of jurisdiction on the part of any branch or instrumentality of the Government.

SECTION 2. The Congress shall have the power to define, prescribe, and apportion the
jurisdiction of various courts but may not deprive the Supreme Court of its jurisdiction
over cases enumerated in Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it undermines the security of
tenure of its Members.

SECTION 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary
may not be reduced by the legislature below the amount appropriated for the previous
year and, after approval, shall be automatically and regularly released.

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SECTION 4. (1) The Supreme Court shall be composed of a Chief Justice and fourteen
Associate Justices. It may sit en banc or in its discretion, in divisions of three, five, or
seven Members. Any vacancy shall be filled within ninety days from the occurrence
thereof.

(2) All cases involving the constitutionality of a treaty, international or executive

agreement, or law, which shall be heard by the Supreme Court en banc, and all other
cases which under the Rules of Court are required to be heard en banc, including those
involving the constitutionality, application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances, and other regulations, shall be decided
with the concurrence of a majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon.

(3) Cases or matters heard by a division shall be decided or resolved with the
concurrence of a majority of the Members who actually took part in the deliberations on
the issues in the case and voted thereon, and in no case, without the concurrence of at
least three of such Members. When the required number is not obtained, the case shall
be decided en banc: Provided, that no doctrine or principle of law laid down by the court
in a decision rendered en banc or in division may be modified or reversed except by the
court sitting en banc.

SECTION 5. The Supreme Court shall have the following powers:

(1) Exercise original jurisdiction over cases affecting ambassadors, other public
ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.

(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the
Rules of Court may provide, final judgments and orders of lower courts in:

(a) All cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.

(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.

(c) All cases in which the jurisdiction of any lower court is in issue.

(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.

(e) All cases in which only an error or question of law is involved.

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(3) Assign temporarily judges of lower courts to other stations as public interest may
require. Such temporary assignment shall not exceed six months without the consent of
the judge concerned.

(4) Order a change of venue or place of trial to avoid a miscarriage of justice.

(5) Promulgate rules concerning the protection and enforcement of constitutional

rights, pleading, practice, and procedure in all courts, the admission to the practice of
law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall
provide a simplified and inexpensive procedure for the speedy disposition of cases,
shall be uniform for all courts of the same grade, and shall not diminish, increase, or
modify substantive rights. Rules of procedure of special courts and quasi-judicial
bodies shall remain effective unless disapproved by the Supreme Court.

(6) Appoint all officials and employees of the Judiciary in accordance with the Civil
Service Law.

SECTION 6. The Supreme Court shall have administrative supervision over all courts
and the personnel thereof.

SECTION 7. (1) No person shall be appointed Member of the Supreme Court or any
lower collegiate court unless he is a natural-born citizen of the Philippines. A Member of
the Supreme Court must be at least forty years of age, and must have been for fifteen
years or more a judge of a lower court or engaged in the practice of law in the
Philippines.

(2) The Congress shall prescribe the qualifications of judges of lower courts, but no
person may be appointed judge thereof unless he is a citizen of the Philippines and a
member of the Philippine Bar.

(3) A Member of the Judiciary must be a person of proven competence, integrity,

probity, and independence.

SECTION 8. (1) A Judicial and Bar Council is hereby created under the supervision of the
Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary of
Justice, and a representative of the Congress as ex officio Members, a representative of
the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a
representative of the private sector.

(2) The regular Members of the Council shall be appointed by the President for a term of
four years with the consent of the Commission on Appointments. Of the Members first

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appointed, the representative of the Integrated Bar shall serve for four years, the
professor of law for three years, the retired Justice for two years, and the representative
of the private sector for one year.

(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and
shall keep a record of its proceedings.

(4) The regular Members of the Council shall receive such emoluments as may be
determined by the Supreme Court. The Supreme Court shall provide in its annual budget
the appropriations for the Council.

(5) The Council shall have the principal function of recommending appointees to the
Judiciary. It may exercise such other functions and duties as the Supreme Court may
assign to it.

SECTION 9. The Members of the Supreme Court and judges of lower courts shall be
appointed by the President from a list of at least three nominees prepared by the
Judicial and Bar Council for every vacancy. Such appointments need no confirmation.

For the lower courts, the President shall issue the appointments within ninety days from
the submission of the list.

SECTION 10. The salary of the Chief Justice and of the Associate Justices of the
Supreme Court, and of judges of lower courts shall be fixed by law. During their
continuance in office, their salary shall not be decreased.

SECTION 11. The Members of the Supreme Court and judges of lower courts shall hold
office during good behavior until they reached the age of seventy years or become
incapacitated to discharge the duties of their office. The Supreme Court en banc shall
have the power to discipline judges of lower courts, or order their dismissal by a vote of
a majority of the Members who actually took part in the deliberations on the issues in
the case and voted thereon.

SECTION 12. The Members of the Supreme Court and of other courts established by law
shall not be designated to any agency performing quasi-judicial or administrative
functions.

SECTION 13. The conclusions of the Supreme Court in any case submitted to it for
decision en banc or in division shall be reached in consultation before the case is
assigned to a Member for the writing of the opinion of the Court. A certification to this
effect signed by the Chief Justice shall be issued and a copy thereof attached to the

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record of the case and served upon the parties. Any Member who took no part, or
dissented, or abstained from a decision or resolution must state the reason therefor.
The same requirements shall be observed by all lower collegiate courts.

SECTION 14. No decision shall be rendered by any court without expressing therein
clearly and distinctly the facts and the law on which it is based.

No petition for review or motion for reconsideration of a decision of the court shall be
refused due course or denied without stating the legal basis therefor.

SECTION 15. (1) All cases or matters filed after the effectivity of this Constitution must
be decided or resolved within twenty-four months from date of submission for the
Supreme Court, and, unless reduced by the Supreme Court, twelve months for all lower
collegiate courts, and three months for all other lower courts.

(2) A case or matter shall be deemed submitted for decision or resolution upon the filing
of the last pending, brief, or memorandum required by the Rules of Court or by the court
itself.

(3) Upon the expiration of the corresponding period, a certification to this effect signed
by the Chief Justice or the presiding judge shall forthwith be issued and a copy thereof
attached to the record of the case or matter, and served upon the parties. The
certification shall state why a decision or resolution has not been rendered or issued
within said period.

(4) Despite the expiration of the applicable mandatory period, the court, without
prejudice to such responsibility as may have been incurred in consequence thereof,
shall decide or resolve the case or matter submitted thereto for determination, without
further delay.

SECTION 16. The Supreme Court shall, within thirty days from the opening of each
regular session of the Congress, submit to the President and the Congress an annual
report on the operations and activities of the Judiciary.

Ways of Amending and Revising the Constitution

Malolos Constitution

Article 89. The Assembly, on its own initiative or that of the President of the Republic, may propose
amendments to the Constitution, indicating what Article or Articles are to be amended.

Article 90. This proposal having been made, the President of the Republic shall dissolve the
Assembly, and shall convoke a Constituent Assembly which shall meet within three months. In the

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decree convoking the Constituent Assembly, the resolution mentioned in the preceding Article shall
be inserted.

1935 Constitution (as amended)

Section 1. The Congress in joint session assembled, by a vote of three-fourths of all the
Members of the Senate and of the House of Representatives voting separately, may propose
amendments to this Constitution or call a convention for that purpose. Such amendments shall
be valid as part of this Constitution when approved by a majority of the votes cast at an election
at which the amendments are submitted to the people for their ratification.

1973 Constitution (as amended)

Section 1.

1. Any amendment to, or revision of, this Constitution may be proposed by the National
Assembly upon a vote of three-fourths of all its Members, or by a constitutional
convention.

2. The National Assembly may, by a vote of two-thirds of all its Members, call a
constitutional convention, or by a majority vote of all its Members, submit the question
of calling such a convention to the electorate in an election.

Section 2. Any amendment to or revision of this Constitution shall be valid when ratified
by a majority of the votes cast in the plebiscite which shall be held not later than three
months after the approval of such amendment or revision.

1987 Constitution

SECTION 1. Any amendment to, or revision of, this Constitution may be proposed by:

(1) The Congress, upon a vote of three-fourths of all its Members; or

(2) A constitutional convention.

SECTION 2. Amendments to this Constitution may likewise be directly proposed by the

people through initiative upon a petition of at least twelve per centum of the total
number of registered voters, of which every legislative district must be represented by at
least three per centum of the registered voters therein. No amendment under this

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section shall be authorized within five years following the ratification of this Constitution
nor oftener than once every five years thereafter.

The Congress shall provide for the implementation of the exercise of this right.

SECTION 3. The Congress may, by a vote of two-thirds of all its Members, call a
constitutional convention, or by a majority vote of all its Members, submit to the
electorate the question of calling such a convention.

SECTION 4. Any amendment to, or revision of, this Constitution under Section 1 hereof
shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be
held not earlier than sixty days nor later than ninety days after the approval of such
amendment or revision.

Any amendment under Section 2 hereof shall be valid when ratified by a majority of the
votes cast in a plebiscite which shall be held not earlier than sixty days nor later than
ninety days after the certification by the Commission on Elections of the sufficiency of
the petition.

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Manner and votes required to declare unconstitutionality of an act, law, treaty, etc

Malolos Constitution
Article 91. The President of the Republic, the Government, the Assembly, and all Filipino citizens
shall faithfully observe the provisions of the Constitution; and the Legislative Power, upon approval
of the Appropriations Act, shall examine if the Constitution has been strictly complied with and
whether violations, if any, have been duly corrected and those responsible for the violations held
liable.

1935 Constitution (as amended)

Section 10. All cases involving the constitutionality of a treaty or law shall be heard and decided
by the Supreme Court en banc, and no treaty or law may be declared unconstitutional without
the concurrence of two-thirds of all the Members of the Court.

1973 Constitution (as amended)

2. All cases involving the constitutionality of a treaty, executive agreement, or law shall be heard
and decided by the Supreme Court en banc, and no treaty, executive agreement, or law may be
declared unconstitutional without the concurrence of at least ten Members. All other cases,
which under its rules are required to be heard en banc, shall be decided with the concurrence of
at least eight Members.

1987 Constitution

(2) All cases involving the constitutionality of a treaty, international or executive

agreement, or law, which shall be heard by the Supreme Court en banc, and all other
cases which under the Rules of Court are required to be heard en banc, including those
involving the constitutionality, application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances, and other regulations, shall be decided
with the concurrence of a majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon.

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