Professional Documents
Culture Documents
Philippine Constitution
Philippine Constitution
1. Constitution of Government which refers to those provisions which set up the government
structure specifically, Articles VI,VII,VIII,IX and X of the 1987 Constitution.
2. Constitution of Liberty are the provisions which guarantee individual fundamental liberties
against governmental abuse specifically provided in Articles III,IV,V,XII,XIII,XIV and XV
of the 1987 Constitution and
3. Constitution of Sovereignty which refers to those provisions which outline the process
whereby the sovereign people may change the constitution. These are provided in XVII and
Article II Section 1 of the 1987 Constitution.(Duka,2010)
Essential Qualities of a Written Constitution
A desirable written constitution must be broad, brief and definite. It must be broad in the
sense that it provides for the organization and structure of the entire government. It must
embody the political history of the nation, the present realities and future prospects of the
nation’s destiny.
The constitution must be brief for it must limit itself to the basic principles and leave the
implementations of such fundamental principles to the sound judgement of the legislative
department. It must be definite in order to avoid unnecessary ambiguities which would later
on lead to confusion, brought about by the different interpretations and constructions of its
provisions (Cruz, 2003).
THE 1987 CONSTITUTION
The 1987 Constitution is founded upon certain fundamental principles of government which
have become part and parcel of our cherished democratic heritage as a people. A knowledge
of these principles is, therefore, essential to proper understanding of our organic law. Among
these principles as contained in the new Constitution are the following:
1. Recognition of the aid of the Almighty God. (See Preamble)
2. Sovereignty of the people (Art. II, Sec 1):
3. Renunciation of war as an instrument of nation policy (Art.II, Sec 2);
4. Supremacy of civilian authority over the military (Art II, Sec 3);
5. Separation of church and state (Art II, Sec 6);
6. Recognition of the importance of the family as a basic social institution and of vital role of
the youth in nation-building (Art. II, Sec. 12,13; Art. XV);
7. Guarantee of Human Rights (Art. III, Sec 1-22)
8. Government through suffrage (Art V, Sec 1);
9. Separation Powers ( Art VI, Sec 1);
10. Independence of the Judiciary (Art VIII, Sec 1);
11. Guarantee of local autonomy ( Art X, Sec 2);
12. High sense of public service morality and accountability of public officers (Art XI, Sec
1);
13. Nationalization of natural resources and certain private enterprise affected with public
interest (Art XII, Sec 2, 3 ,17 , 18);
14. Non-suability of the State (Art. XVI, Sec. 3);
15. Rule of the majority; and
16. Government of laws and not of men
PREAMBLE
The term preamble is derived from the Latin word "perambulate" which means to walk
before. It is the introduction to the main subject.
It is the prologue of the Constitution. The preamble of the 1987 constitution is reproduced
hereunder:
"We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a
just and humane society and establish a government that shall embody our ideals and
aspirations, promote the common good, conserve and develop our patrimony, and secure to
ourselves and our posterity the blessings of independence and democracy under the rule of
law and a regime of truth, justice, freedom, love, equality and peace, do ordain and
promulgate this Constitution"
ARTICLE I – 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
seas, the seabed, subsoil, the insular shelves, and other submarine areas. The water around,
between and connecting the islands of the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the Philippines.
The function of the Declaration of Principles and State Policies in the constitution are:
1. To shed light on the meaning of the other provisions of the constitution; and
2. To guide all departments in the implementation of the Constitution
ARTICLE III – THE BILL OF RIGHTS
The Bill of Rights may be defined as declaration and enumeration of the individual rights and
privileges which the Constitution is designed to protect against violations by the government
or by individual or groups of individuals. It is a charter of liberties for the individual and a
limitation upon the power of the state.
Classification of Rights
1. Natural Rights – right possessed by every citizen without being granted by the State for
they are conferred by God to human being so that he may live a happy life. Ex. The right to
live and the right to love.
2. Constitutional Rights – rights conferred and protected by the Constitution. Since they are
part of the fundamental law, they cannot be modified or taken away by the law- making body.
Classification of the Constitutional Rights
1. Political Rights – rights which give citizens the power to participate directly or indirectly,
in the establishment or administration of the government. Ex: rights of citizenship and
suffrage.
2. Civil Rights – right which the law will enforce at the instance of private individuals for
the purpose of securing them the enjoyment of their means of happiness.
2.1. Social and Economic Rights – rights are intended to insure the well being and
economic security of the individual.
2.2. Rights of the Accused – Intended for the protection of a person accused of any crime.
3. Statutory Rights – provided by law promulgated by the law making body and
consequently, may be abolished by the same body.
Ex: rights to receive a minimum wage and to inherit property.
The Rights of the Individual As Provided by the Bill of Rights
1. No person shall be deprived of life, liberty, or property without due process of law nor
shall any person be denied the equal protection of the laws.
2. The right of person to be secured in their persons, houses, papers, and effect against
unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall be issued except upon probable
cause to be determined personally by the judge after examination under oath or affirmation of
the complaint and the witnesses he may produce, and particularly describing the place to be
search and the persons or things to be seized.
3. The privacy of communication and correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order requires otherwise as prescribed by law.
Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in proceeding.
4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or
right of the people peaceably to assemble and petition the government for redress of
grievances.
5. No law shall be made respecting an establishment of religion or prohibiting the free
exercise thereof.
6. The liberty of abode and changing the same within the limits prescribed by law shall not be
impaired except upon lawful order of the court. Neither shall the right to travel be impaired
except in the interest of national security, public safety, or public health, as may be provided
by law.
7. The right of the people to information on matters of public concern shall be recognized.
Access to official records, and to documents, and papers pertaining to official acts,
transactions, or decisions, as well as to government research data used as basis for policy
development shall be afforded the citizen, subject to such limitations as may be provided by
law.
8. The right pf the people, including those employed in the public and private sectors, to for
union, associations, or societies for purposes not contrary to law shall not be abridged
9. Private property shall not be taken for public use without just competition.
10. No law impairing the obligation of contracts shall be passed.
11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not
be denied to any person by reason of poverty.
12. (1) Any person under investigation for the commission of an offense shall have the right
to be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must be
provided with one.
These rights cannot be waived except in writing and in the presence of counsel. (2) No
torture, force violence, threat, intimidating, or any other means which vitiate the free will
shall be used against him. Secret detention places, solitary, incommunicado, other similar
forms of detention are prohibited. (3) Any confession or admission obtained in violation of
this or section 17 hereof shall be inadmissible in evidence against him (4) The law shall
provide for penal and civil sanctions for violations of this section as well provide for penal
and civil sanctions for violations of this section as well as compensation to and rehabilitation
of victims of torture or similar practices, and their families.
13. All persons, except those charged with offenses punishable by reclusion Perpetua when
evidence of guilt is strong, shall before conviction, be bail able by sufficient sureties, or be
released on recognizance as may be provided by law. The right to bail shall not be impaired
even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be
required.
14. No person shall be held to answer for a criminal offense due process of law. In all
criminal prosecution, the accused shall be presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and by counsel, to be informed of the nature and
cause of accusation against him, to have a speedy, impartial, and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the attendance of witness
and the production of compulsory process to secure the attendance of witness and the
production of evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he has been duly notified and his
failure to appear is unjustifiable.
15. The privilege of the writ of habeas corpus shall not be suspended except in case of
invasion or rebellion when the public safety requires it
16. All persons shall have the right to a speedy disposition of cases before all judicial, quasi-
judicial, or administrative bodies.
17. No person shall be compelled to be a witness against himself.
18. (1) No person shall be detained solely by reason of his political beliefs and aspiration. (2)
No involuntary servitude in any form shall exist except as a punishment for a crime whereof
the party shall have been duly convicted.
19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted. Neither shall the death penalty be imposed, unless for compelling reasons involving
heinous crimes, the Congress hereafter, provides for it.
Any death penalty already imposed shall be reduced to reclusion Perpetua. (2) The
employment of physical, psychological, or degrading punishment against any prisoner or
detainee or the use of substandard or inadequate penal facilities under subhuman conditions
shall be death with by law.
20. No person shall be imprisoned for debt or non-payment of a poll tax.
21. No person shall be twice put in jeopardy of punishment for the same offense.
22. No expose facto law or bill of attainder shall be enacted.
ARTICLE IV – CITIZENSHIP
Citizenship denotes membership of a permanent character in a political community. A citizen
of a state is one who owes allegiance to it and is correspondingly entitled to its protection.
Modes of acquiring citizenship
A person’s citizenship may be acquired either by birth or by naturalization. Those who
acquired citizenship by birth are considered as natural born citizens.
There are two principles in acquiring citizenship by birth – jus snguinis and jus soli
principles.
1. Citizenship by birth
A person’s citizenship is determined at the time of his birth by following either of the
following principles:
A. jus sanguinis – under this principle a child follows the nationality or citizenship of the
parents regardless of the place of his birth.
B. jus soli – under this principle a child citizenship is determined by the place of his birth.
ARTICLE V – SUFFRAGE
Suffrage is the right and obligation to vote of qualified citizens in the election of certain
national and local officers of the government and in the decision of public questions
submitted to the People.
Scope of Suffrage
1. Election – A political exercise whereby the sovereign people chose a candidate to fill up
an elective government position.
2. Plebiscite – A political right of the sovereign people to ratify or eject constitutional
amendments or proposed laws.
3. Referundum – the right reserved to the people to adopt or reject any act or measure
which has been passed by a legislative body and which in most cases would without action on
the part of the electors become law.
4. Initiative – the power of the people to propose bills and laws, and to enact or reject them
at the polls, independent of the legislative assembly.
5. Recall – a system by which an elective official is removed by popular vote before the end
of his term.
Persons Disqualified to Vote. Any person who has been sentenced by final judgment to suffer
imprisonment for not less than one year, such disability not having been removed by plenary
pardon or granted amnesty. But such person shall automatically reacquire the right to vote
upon expiration of five years after service of sentence;
Any person who has been adjudged by final judgement by competent court or tribunal of
having committed any crime involving disloyalty to the duly constituted government such as
rebellion, sedition, violation of the anti-subversion and firearms laws, or any crime against
national security, unless restored to his full civil and political rights in accordance with law.
Such person shall likewise automatically regain his right to vote upon expiration of five years
after service of sentence; and
Insane or incompetent persons as declared by competent authority.
ARTICLE VI – LEGISLATIVE DEPARTMENT
Legislative power is essentially the authority under the Constitution to make laws and to alter
and repeal them. Under the present set-up, the legislative department is divided into two
chambers: the Senate with 24 members and the House of Representatives with note more than
250 members, 20 percent of which comes from the party list representatives.
Qualification of Senators
1. Natural born Citizens of the Philippines
2. At lest 35 years old on the day of election
3. Able to read and write
4. A registered voter
5. A resident of the Philippines for 2 years preceding the day of election
Qualifications of Representatives
1. Natural born Citizens of the Philippines
2. At least 25 years old on the day of election
3. Able to read and write
4. A registered voter in his district (except the party list)
5. A Resident of the Philippines for at least a year before the day of election
HOW A BILL BECOMES A LAW
The Party – list system
Based on Article VI, Section 5 (2) of the Constitution as implemented by Republic Act No.
7941, the different sectors of the Philippine society like the farmers, labors, education,
women, youth and others except the religious sector shall be represented in the congress.
The different sectors from a party and register their respective parties with the Commission
on Elections. The voters for the party that they want in the ballot on Election Day and the
Party who garners at least two per cent of the votes will be entitled to one party list
representative in Congress.
ARTICLE VII – EXECUTIVE DEPARTMENT
The executive power is vested in the President of the Philippines. Executive power is defined
as the power to administer the laws, which means carrying them into practical operation and
enforcing their due observance.
Qualifications of the President and Vice-President
1. A natural born citizen of the Philippines
2. A registered voter
3. Able to read and write
4. At least forty (40) years of age on the day of the election for President
5. A resident of the Philippines for at least ten years immediately preceding such election.
1. List of Philippine Presidents
1. Emilio Aguinaldo (January 23, 1899 – April 1, 1901)
2. Manuel L. Quezon (November 15, 1935 – August 1, 1944)
3. Jose P. Laurel (October 14, 1943 – August 17, 1945)
4. Sergio Osmeña (August 1, 1944 – May 26, 1946)
5. Manuel A. Roxas (May 26, 1946 – April 15, 1948)
6. Elpidio Quirino (April 17, 1948 – December 30, 1953)
7. Ramon Magsaysay (December 30, 1953 – March 17, 1957)
8. Carlos Garcia (March 18, 1957 – December 30, 1961)
9. Diosdado Macapagal (December 30, 1961 – December 30 1965)
10. Ferdinand Marcos (December 30, 1965 – February 25, 1986)
11. Corazon Aquino (February 25, 1986 – June 30, 1992)
12. Fidel Ramos (June 30, 1992 – June 30, 1998)
13. Jose Ejercito Estrada (June 30, 1998 – January 20, 2001)
14. Gloria Arroyo (January 20, 2001 – June 30, 2010)
15. Benigno Simeon Aquino, III (July 1, 2010 – June 30, 2016)
16. Rodrigo Roa Duterte (July 1, 2016 – June 30, 2022)
List of Philippine Vice Presidents
1. Mariano Trias (January 23, 1899 – April 1, 1901)
2. Sergio Osmeña (November 15, 1935 – August 1, 1944)
3. Benigno Aquino Sr. and Ramon Avancena (October 14, 1943 – August 17, 1945)
4. Elpidio Quirino (May 26, 1946 – April 15, 1948)
5. Fernando Lopez (April 17, 1948 – December 30, 1953)
6. Carlos Gacria (December 30, 1953 – March 17, 1957)
7. Diosdado Macapagal (March 18, 1957 – December 30, 1961)
8. Emmanuel Pelaez (December 30, 1961 – December 30, 1965) 9. Fernando Lopez (1965 –
1969 and 1969 – 1972)
9. Salvador Laurel (Febuary 25, 1986 – June 30, 1992)
10. Jose Ejercito Estrada (June 30, 1992 – June 30, 1998)
11. Gloria Arroyo (June 30, 1998 – January 20, 2001)
12. Teofisto Guingona (January 20, 2001 – June 30, 2004)
13. Manuel De Castro (July 1, 2004 – June 30, 2010)
14. Jejomar Binay (July 1, 2010 – June 30, 2016)
15. Maria Leonor Robredo (July 1, 2016 – June 30, 2022)
ARTICLE VIII – JUDICIAL DEPARTMENT
The Judicial power is vested in the Supreme Court and in such lower courts as may be
established by law. Judicial power is the power to apply the laws to contests or disputes
concerning legally recognized right or duties between the state and private persons, or
between individual litigants in cases properly brought before the judicial tribunal.
The Supreme Court is composed of a Chief Justice and 14 Associate Justices. It may sit end
banc or in its discretion, in division of three, five or seven members.
Malabon City
ARMM – Autonomous Region in Muslim Mindanao
Basilan
Lanao Del Sur
Maguindanao
Sulu
Tawi-Tawi
The states shall protect and promote the right of all citizens to quality education at all levels
and shall take appropriate steps to make such education accessible to all.
Establish, maintain and support a complete, adequate and integrated system of education
relevant to the needs of the people and society;
Establish and maintain a system of free public education in the elementary and high school
levels.
Without limiting the natural rights of parents to rear their children, elementary education is
compulsory for all children of school age;
Establish and maintain a system of scholarship grants, student loan programs, subsidies and
other incentives which shall be available to deserving students in both public and private
schools, especially to the underprivileged;
Encourage non-formal, informal and indigenous learning system, as well as self-learning,
independent and out of school study programs particularly those that respond to community
needs.
Provide adult citizens, the disabled, and out of school youth with training in civics vocational
efficiency, and other skills.
All educational institutions shall include the study of the Constitution as part of the curricula.
They shall inculcate patriotism and nationalism, foster love of humanity, respect for human
rights, appreciation of the role of national heroes in the historical development of the country,
strengthen ethical and spiritual values, develop moral character and personal discipline,
encourage critical and creative thinking, broaden scientific and technological knowledge, and
promote vocational efficiency.
At the option expressed in writing by the parents or guardians, religion shall be allowed to be
taught to their children or wards in public elementary and high schools within the regular
class hours by instructors designated or approved by the religious authorities of the religion to
which the children or wards belong, without additional cost to the Government.
All educational institutions shall be owned by the Filipinos or corporations or associations of
which at least 60 percent is owned by such citizens.
Control and administration of educational institution shall be vested in citizens of the
Philippines.
No school shall be established solely for aliens and no group of aliens shall comprise more
than one third of the enrollment in any school.
All assets of non-stock, nonprofit educational institutions used actually, directly and
exclusively for educational purposes shall be exempt from taxes and duties.
Academic freedom shall be enjoyed by all institutions of higher learning.
Every citizen has the right to select a profession or a course of study subject to fair,
reasonable and equitable admission and academic requirements.
The State recognizes the Filipino family as the foundation of the nation.
Accordingly, it shall strengthen its solidarity and actively promote its total development.
The family is very important to the state because it is the basic social institution.
The family is the very heart of society and the community’s first socializing agency.
ARTICLE XVI – GENERAL PROVISIONS
The general provisions include the following:
1. The flag of the Philippines and compulsory flag ceremony.
2. The Congress is given the power to adopt a new name for the country, a national anthem or
a national seal.
3. The principle of non suability of the State.
4. The Armed Forces of the Philippines to include a citizen armed force.
5. Assistance to veterans, their widows and orphans.
6. Review of pensions and other benefits due to retirees.
7. Protection of consumers.
8. Ownership and management of mass media by Filipino citizens.
9. Regulation of the advertising agencies.
10. Creation of consultative body for indigenous cultural communities.
ARTICLE XVII – AMENDMENTS OR REVISIONS
Bot denote a change in the Constitution. Amendment is a change effected in some parts of the
Constitution without considering the whole document.
Revision is rewriting or substantially changing the Constitution in its entirety.
Any amendment to, or revision of, this Constitution may be proposed by:
The Congress, upon a vote of three-fourths of all its Members; or A constitutional
convention.
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 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.
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.
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.