Pre-Spanish Period
territory.
A. The first inhabitants of the Archipelago - Negritos
B. Other Migrants - The Malaysians (they went to Panay,
Island)
C. The Epic of the 10(?) Datus \ di ko sure yung 10
HAHAHA /
- Chief Executive, Legislator, and a Judge
- The Dictators were the Datus
D. System of the Gov't
1. The Power of Datu
2. Laws:
a. The Oral Laws - Customary Laws
b. The Written Laws - Code of Kalintiyaw
3. The Judicial Process
4. Trial by Ordeals
a. River Ordeals
b. Boiling Water Ordeals
c. Candle Ordeals
d. Ordeal by Wrestling
RANDOM NOTES
Encomienda System
-to promote the welfare of the inhabitants
-ipinanukala ng mga Spaniards
-considered as the LGU as of this moment Andres
opposed Taxation
-nagbabayad tayo ng buwis para lamang bayaran ang
mga sundalo at patuloy na gawing alipin.
POLITICAL SCIENCE REVIEW MATERIAL
LEGISLATIVE DEPARTMENT - ART. VI
Political Law is that branch of public law which deals
with the organization and operations of the
governmental organs of the State and defines the
relations of the State with the inhabitants of its
Philippine Political Law, is a study of the structure and
powers of the Government of the Republic of the
Philippines. It also deals with certain basic concepts of
political law, such as the nature of the State, the
supremacy of the Constitution, the separation of
powers, and the rule of the majority.
Background Study of the Philippines Political System:
(Phil. History)
Concept of the State:
State is a community of persons, more or less
numerous, permanently occupying a fixed territory, and
possessed of an independent government organized for
political ends to which the great body of inhabitants
render habitual obedience. I
Differentiate nation with the State:
Nation (nasci, to be born) indicates a relation of birth or
origin and implies a common race, usually characterized
by community of language and customs. The State is a
legal concept, while the nation is only a racial or ethnic
concept.
OUTLINE OF THE RELATED LAWS SUBJECT IN SOCIAL
STUDIES:
Ref. Philippine History By: Francisco Zulueta & Abriol
Nebres
Lesson 2:
1- Pre-Spanish Period:
A. The first inhabitants of the archipelago - Negritos
B. Other migrants of the archipelago
1. The Malaysians;
C. The Epic of the 10 Datus
D. System of the Government:
1 The powers of the Datu
2. Laws
a. The oral laws- Customary laws; c. Candle Ordeals

b. The written laws - Code of Kalantiyaw d. Ordeal by Wrestling

RANDOM NOTES
3. The Judicial Process - If the parties involved reside in
Encomienda System
different barangays, the disputes are resolved by
arbitration in a body composed of elders from other -to promote the welfare of the inhabitants
barangays acting as arbiters. Trials were held in public
where the plaintiffs and defendants pleaded their own -ipinanukala ng mga Spaniards
case.
-considered as the LGU as of this moment Andres
4. Trial by Ordeals: opposed Taxation

a. River ordeals; -nagbabayad tayo ng buwis para lamang bayaran ang

mga sundalo at patuloy na gawing alipin.
b. Boiling water ordeals;

c. Candle ordeals;
POLITICAL SCIENCE REVIEW MATERIAL
d. Ordeal by wrestling:
LEGISLATIVE DEPARTMENT - ART. VI
E. Social Stratification:

OOUTLINE OF THE RELATED LAWS SUBJECT IN Political Law is that branch of public law which deals
SOCIAL STUDIES: with the organization and operations of the
Ref: Philippine History By: Francisco Zulueta & Abriol
governmental organs of the State and defines the
Nebres relations of the State with the inhabitants of its
territory.
Pre-Spanish Period
Philippine Political Law, is a study of the structure and
A. The first inhabitants of the Archipelago - Negritos powers of the Government of the Republic of the
Philippines. It also deals with certain basic concepts of
B. Other Migrants - The Malaysians (they went to Panay,
political law, such as the nature of the State, the
Island) supremacy of the Constitution, the separation of
C. The Epic of the 10(?) Datus \ di ko sure yung 10 powers, and the rule of the majority.
HAHAHA /

- Chief Executive, Legislator, and a Judge Background Study of the Philippines Political System:
(Phil. History)
- The Dictators were the Datus
Concept of the State:
D. System of the Gov't
State is a community of persons, more or less
1. The Power of Datu numerous, permanently occupying a fixed territory, and
possessed of an independent government organized for
2. Laws:
political ends to which the great body of inhabitants
a. The Oral Laws - Customary Laws render habitual obedience. I

b. The Written Laws - Code of Kalintiyaw Differentiate nation with the State:

3. The Judicial Process Nation (nasci, to be born) indicates a relation of birth or

4. Trial by Ordeals origin and implies a common race, usually characterized
by community of language and customs. The State is a
a. River Ordeals legal concept, while the nation is only a racial or ethnic
b. Boiling Water Ordeals concept.
Lesson 2:
I – Pre-Spanish Period:
A. The first inhabitants of the archipelago –
Negritos
B. Other migrants of the archipelago
1. The Malaysians;
C. The Epic of the 10 Datus
D. System of the Government:
1. The powers of the Datu;
2. Laws:
a. The oral laws- Customary laws;
b. The written laws – Code of Kalantiyaw
3. The Judicial Process – If the parties
involved reside in different barangays, the
disputes are resolved by arbitration in a
body composed of elders from other
barangays acting as arbiters. Trials were
held in public where the plaintiffs and
defendants pleaded their own case.
4. Trial by Ordeals:
a. River ordeals;
b. Boiling water ordeals;
c. Candle ordeals;
d. Ordeal by wrestling;
E. Social Stratification:
1. The nobles;
2. The freemen;
3. The slaves;
Lesson No. 3:
I- Spanish Rule of the Philippines:
A. Political structure of the Colonial Government:
(Page 56)
1. Las Siete Partidas – The legal basis of
Spain’s colonial policy in the Philippines;
a. Council of the Indias (Consejo de
Indias);
b. Governor General – Head of the
centralized government;
1. The power of the governor-general
1. Implement the royal decrees;
2. He has the power to
suspend the implementation if he
thinks that the conditions in the colony
did not warrant its implementation.
b. Provincial Government:
1. Alcalde Mayor (Alcaldia Mayor) or
province where peace and order had already been
established and maintained and under a civil official;
2. Corregimientos- Territories that
were not completely pacified and placed under a
politico-general called Corregidor;
c. Municipal Government:
1. Pueblos (towns) headed by the
gobernadorcillo;
2. The villages or barangays were
under the control and supervision of the
Cabeza de Barangay;
d. The Royal Audencia; The primary
function was to act as the Supreme Court of the
Philippines and served as an advisory body of the
governor general. It was also empowered to check the
abuses committed by the governor general in the
exercise of the administrative functions and
prerogatives;
e. The Residencia- the judicial system
introduced by Spain. Its function
is to investigate outgoing governor
generals and other Spanish
officials during their term of office;
f. Visitador-general was an investigating
officer sent by the king of
Spain to check Philippine conditions and to look into
administrative complaints against erring governor
general and other Spanish officials.
2. The Encomienda System: (Page 57). See
also Page 66.
The right vested by the King upon a
Spaniard who had helped in the settlement of a country
as a reward for his services. The encomiendero has the
duty to collect taxes. It has the obligation to promote the
welfare of the inhabitants and to assist
the missionaries to convert the natives to the Catholic
faith.
B. Spanish Colonial Policy:
1. Taxation;
2. Forced labor
3. Frailocracy
4. The Tobacco Monopoly
C. The Secularization issue.
The Filipino priests were agitating for an equitable
representation in parish religious administration, which
were denied, because the Spanish clergy believed that
the Filipino priests lack the necessary training. The
secularization controversy centered on religious issues
with racial prejudices and implications. The
secularization controversy between the Spanish priests
and Filipino priests focused on the control of curacies in
the Philippines.
ACTIVITY: Google Classroom:
LESSON 4:
Different policies of the Spanish Government:
A- On Education:
 1. The educational system was controlled by the friars;
2. Some schools were exclusively established for
education of some Spanish nationals;
B. Agrarian grievances:
Share tenancy system.
C. On the economy:
1. The removal of the stringent restriction on foreign
trade became a big boost for the economy and enjoyed
a favorable balance of trade with Europe and
neighboring Asian countries;
2. The influx of liberal ideas;
D. The Propaganda Movement:
1. Dr. Jose Rizal- Noli Mi Tangere El Filibusterismo
2. Graciano Lopez Jaena- La Solidaridad
3. Marcelo H. Del Pilar- Diariong Tagalog
4. Antonio Luna-
5. Juan Luna- Spolarium
KKK:
Structure of the Katipunan of Andres Bonifacio:
Kataas-taasang Sangunian – Supreme Council
Sangunian Bayan – Provincial Council
Sanguniang Balangay – Popular Council
II- The Reform Movement and the Katipunan:
A. The rivalry between the Magdalo and Magdiwang
Council; Page 104-105
Tejeros Convention- To settle the differences
between the two rival groups
Acta de Tejeros- Rejected the Revolutionary
Government of Gen. Emilio Aguinaldo;
B. The Naik Military Compact;- Establishment of a
government, independent of and separate from that
established at Tejeros by the Magdalo;
II – The Revolutionary Government of Gen. Emilio Aguinaldo:
The revolutionary demands of the Biak-na-Bato Republic of
Gen. Aguinaldo:
1. The expulsion of the friars and the return of the lands to
the Filipinos they appropriated for themselves;
2. Representation in the Spanish Cortes;
3. Freedom of the press and tolerance of all religious sects;
4. Equal treatment and pay for civil servants;
5. Abolition of the power of the government to banish
citizens;
6. Legal equality for all persons.
The Pact of the Biak-na-Bato:
Pedro Paterno served as the mediator between the
Filipinos and the Spaniards to end the hostilities.
The pact is composed of three documents wherein the
Spanish government would pay the rebels the sum of
P800,000 in three installments:
1st- The payment of P400,00 to the group of Gen.
Aguinaldo on the departure of Aguinaldo from the
Philippines;
2nd- P200,000 when the number of arms surrendered
exceeded 700;
3rd – The remaining P200,000 when the general amnesty
was proclaimed by the Governor General.
American Naval Forces Attacked Philippines:
Commodore George Dewey lead the US naval forces to the
Philippines.

Lesson 5: III. The Mock Battle in Manila:

I- The Biak-na-Bato Republic of Gen. Emilio Aguinaldo: Page
110-111

Members of the Supreme Council:

President – Gen. Emilio Aguinaldo
Vice-President – Mariano Trias
Secretary of Foreign Affairs – Antonio Montenegro
Secretary of Interior - Isabelo Artacho
Secretary of the Treasury – Baldomero Aguinaldo
Secretary of War – Emiliano Riego de Dios

IV- The Treaty of Paris (1898)
The peace agreement ending the Spanish American war.
Some of the provisions of the Treaty of Paris:
1. Spain should cede the Philippines, Guam and Puerto
Rico to the United States;
2. The United States should pay Spain the sum of $20M
U.S. Dollar.
3. Spain should withdraw her sovereignty from Cuba;
4. The civil and political status of the inhabitants in the
ceded territories was to be determined by the
United States Congress;
LESSON 6:
V- The Malolos Congress- Page 123
Gen. Emilio Aguinaldo established the Dictatorial
Government, and after a month, he changed it to a
Revolutionary Government. He proclaimed himself as the
President of the Revolutionary President. The first Philippine
Republic was established in Malolos, Bulacan on January 28,
1899.
The Malolos Congress was inaugurated on September 15,
1898 at Barasoain Church. Pedro Paterno was elected as the
president of the Congress. The officers of the Congress were:
I. President of the Congress – Pedro Paterno
II. Vice President – Benito Legarda
III. First Secretary – Gregorio Araneta
IV. Second Secretary – Pablo Ocampo
V. Delegates were:
1. Permanent Commission of Justice
2. The Different committees:
a. Committee on Felicitations;
b. Committee on Messages
c. Committee on Internal Regulations
d. Committee to Draft the Constitution;
The Emblem of the First Philippine Republic
VI- The Malolos Constitution
Three Constitutional Draft were submitted for approval:
1. Mabini Constitutional Plan-
2. Paterno Constitutional Plan
3. Calderon Constitutional Plan;
After a thorough examination of the different
Constitutional Plans, the Committee chose the Calderon Plan
as the best subject to amendments and submitted it to the
Malolos Congress for approval.
The Malolos Constitution had a unicameral legislature.
President Aguinaldo formed his Cabinet:
President of the Cabinet and Secretary of Foreign Affairs –
Apolinario Mabini
Secretary of Interior – Teodoro Sandico
Secretary of War - Baldomero Aguinaldo
Secretary of Finance – Mariano Trias
Secretary of Welfare- Graciano Gonzaga
Public Instruction/Public Works and
Communication/Agriculture, Industry and Commerce
American’s Reaction:
According to Gen. Elwell Otis of the US Army, the
proclamation of Aguinaldo of the Revolutionary government
is tantamount to war.

LESSON 7-
I- The Filipino-American War:
A. The incident in San Juan Bridge
Pvt. Willie W. Grayson-
B. The Americans drive to the North and South
Gen. McArthur- North of Luzon
Gen. Lawton- To attack Southern part of Luzon

C. The Capture of Aguinaldo.

D. The End of Filipino-American War.

LESSON 8:
I – The Philippines Under American Rule:
A. The Jones Law:
The Jones Law was the first American formal and official
commitment to grant independence to the Philippines. The
Jones Law, proposed to withdraw the American sovereignty
over the Philippine island and to recognize their
independence as soon as a stable government can be
established.
The Philippine Legislature under the Jones Law:
Manuel L. Quezon was the President of the Senate
Sergio Osmena was elected Speaker of the House of
Representatives.
II- Philippines under the Administration of Francis Burton
Harrison:
1. He paved the way for the rapid Filipinization of the civil
service by reducing the numbers of highly paid officials, most
of whom were Americans;
2. He gave the cabinet full liberty of action and refrained from
interfering in the affairs of three various departments;
3. He created the Council of the States;
III- Philippines Under Gov. Gen. Wood:
1. Gov. General Wood abolished the Council of State and
governed the Philippines without the cooperation of the
Philippine Legislature;
IV – Philippines Under Gov. General Frank Murphy: Page 168;
1. Gov.Gen. Murphy promised to give the Filipinos a simple,
honest and effective government and to secure the peace and
contentment of every Filipino.
2. He helped the Filipinos in their campaign for
independence, for he believed that they had the ability to
maintain a stable democratic republic;
A. The Philippine Legislature created the Commission of
Independence to study all matters relating to the negotiation
and organization of independence of the Philippines. The
Commission was headed by Senate President Quezon;
B. The Philippine Legislature sent another mission
headed by Sergio Osmena and Manuel Roxas;
The Hare-Hawes Cutting Act:
The Hare-Hawes Cutting Bill provided for a 10 year
transition period at the end of which the United States would
grant and recognize the independence of the Philippines. The
bill called for the immediate establishment of a Filipino
Constitutional Convention subject to the approval of the
President of the United States, to formulate a Constitution for
the Commonwealth.
The bill also allowed the free entry of American goods to
the Philippines, but provided for quantitative limitations on
the free-duty importation of Philippine products.
The Tyding-McDuffie Law (1934)
The important provision of the law:
1. A 10 year transition period under the
Commonwealth of the Philippines preparatory to the
grant of independence on July 4, 1946;
2. A graduated tariff on the Philippine exports to
America;
3. The annual quota of 50 Filipino migrants to America
4. The representation of the United States President in
the Philippines by an American High Commissioner;
The bill was sponsored by Senator Millard F. Tydings and
Representative John McDuffie was passed into law and signed
by President Franklin Roosevelt on March 24, 1934.
LESSON 9:
The Framing of the 1935 Constitution:
1. The 1935 Phil. Constitution was approved by the delegates
of the convention on February 8, 1935 and signed by the
delegates on February 19, 1935;
2. President Roosevelt approved the Constitution of the
Philippines on March 23, 1935;
3. On November 15, 1935, the Commonwealth was
inaugurated with Manuel Quezon as President and Sergio
Osmena as Vice President;
The Provisions of the 1935 Phil. Constitution:
On Social Justice:
The Constitution provides that the promotion of social
justice to insure the well-being and economic security of all
the people would be the concern of the State. The State shall
protect labor, especially working women and minors, shall
regulate the relations between landowners and tenants, and
between labor and capital in industry and in agriculture. The
Minimum Wage Act provided laborers to be paid minimum
wage of one peso for working eight hours daily.
On Education:
The government must provide at least free public
elementary education, and schools shall aim to develop moral
character, personal discipline, civic conscience and vocational
efficiency. The National Council of Education was created for
the purpose of studying the needs and problems of the
nation.
On Trade, Commerce and Industry:
Under the Payne-Aldrich Tariff Act, all exports, except rice,
were allowed to enter American markets free of duty within
certain quota limits. On the other hand, American exports to
the Philippines were unlimited and duty-free.
Parity Law: It was provided in the 1935 Phil. Constitution that
the Americans has the right to dispose, exploit, develop and
utilize all agricultural, timber, and mineral lands of the
Philippines.

Philippines Under the Japanese Occupation:
⮚ Japanese warplanes attacked Manila on December 9,
1941;
⮚ On December 24, Pres. Quezon and his family and
members of his Cabinet moved to the island of
Corregidor;
⮚ Jose P. Laurel remained in Manila together with
other high-ranking officials in the government to
look after the general welfare of the people during
the critical times;
⮚ Chief Justice Jose Abad Santos was executed by the
Japanese authorities for refusal to take an oath of
allegiance to the Japanese authorities;
⮚ March 29, Quezon and some members of his cabinet
were transported by the American bombers to
Australia and a month later to the U.S. The
Commonwealth government was functioning in
Washington, D.C.
⮚ Before leaving Philippines, Pres. Quezon issued an
executive order naming Manuel A. Roxas who was
then a Col.of Military to become the President of the
Commonwealth in the event, Quezon and the then
Vice President Osmena died.
⮚ Pres. Manuel L. Quezon died of tuberculosis on
August 1, 1944 in New York. He was succeeded by
Osmena;
⮚ Gen. Douglas MacArthur arrived in the Philippines on
October 20, 1944;
⮚ On August 6, 1945, US Airforce bombed Hiroshima
and on August 9, US Airforce bombed Nagasaki;
⮚ Japanese force surrendered on September 2, 1945.
⮚ United States thru Gen. Douglas MacArthur,
proclaimed the liberation of the Philippines from the
Japanese Imperial forces on July 4, 1945.
Philippine Government:
The Congress of the Philippines met for the first time after the
war and Senator Manuel A. Roxas was chosen as President of
the Senate, while Elpidio Quirino was chosen as President
Pro-Tempore.
On April 23, 1946, presidential election was held. Manuel
A. Roxas was elected as the President and Elpidio Quirino was
elected as the Vice-President.
On July 4, 1946, the Republic of the Philippines was
inaugurated at Luneta. The Philippine Independence was
declared by the then US President Harry S. Truman.
DIOSDADO MACAPAGAL (1961-1965):
The achievements of Macapagal Administration:
1. The land reform program, which aims to abolish the
century-old share tenancy in our country;
2. The changing of our independence from 4th of July to June
12th;
LESSON 10
Definition of terms:
Presidential government is a form of government in which
the executive is constitutionally independent of the
legislature as regards his tenure of office and to a large extent
as regards his policies and acts. Example: Government of the
Philippines, government of U.S. and Mexico.
Parliamentary government or cabinet government is one in
which the real executive-the Cabinet or ministry-is
immediately and legally responsible to the legislature or one
branch of it for its legislative and administrative acts, and
mediately or politically responsible to the electorate while the
titular or nominal executive-the chief of state-occupies a
position of irresponsibility. Example: Government of England,
Japan, Canada.
Unitary or centralized government- is one in which the
powers of government are vested in one supreme organ from
which all local governing authorities derive their existence
and powers. The essence of this form of government is the
fact that a single organization has been created by the
sovereign power-generally the people-through their
Constitution, to which is left the task of providing for the
territorial distribution of governmental powers with which it
has been invested. Examples: Philippine government,
England, Japan.
Federal Government - is a form of government in which
governmental power are, by the common sovereign,
distributed between a national government and the local
governments, each being supreme within the sphere thereof.
Example: U.S. Government, Mexico, Australia.
Republican Government - is a form of government where
the people-the source of sovereignty-governs themselves
through representatives chosen by themselves.
A republic is a representative democracy; in other words, a
state where the people govern themselves through
representatives. Example: Philippine government, US
Government.
Constitutional government- is one which governs in
accordance with certain basic rules, the totality of which is
generally called a constitution. Example: U.S. Government,
Philippine government.
Totalitarian government is a highly centralized government
under the control of a political group which allows no
recognition or representation to other political parties, as in
Fascist Italy, Germany under the Nazi regime before the
Second World War.
De Jure government- is one which is based upon the laws
of the State, and/or has the general support of the people;
 De facto government- is one which is not based upon the
existing constitutional laws of the state.
3 kinds of de facto governments:
First, is the government that gets possession and control, of
or usurps, by force or by the voice of the majority, and lawful
government and maintains itself against the will of the latter;
Second, is that government established and maintained by
the military occupation in the course of the War.
Third, is that established as an independent government by
the inhabitants of the country who rise in insurrection against
the parent state.
Authoritarian government is a government by one or only
a few where the majority of the citizens do not have any
direct or institutionalized role in policy-making.
Philippines under Pres. Ferdinand Marcos.
On September 21, 1972, Pres. Marcos placed the entire
Philippines under martial law by virtue of Proclamation No.
1081.
The following allegations why Pres. Marcos declared martial
law in the Philippines:
1. The bombing of the Plaza Miranda;
2. The NPA were receiving military support from the
foreign source;
3. The ambush of the official car of the then Secretary
of National Defense Juan Ponce Enrile;
What is Martial Law?
Martial law in its comprehensive sense, includes all laws
that have reference to and administered by the military forces
of the State. They include the military laws enacted by the law
making body for the government of the armed forces and the
rules governing the conduct of military forces in times of war
and in place under military occupation.
The object of martial law is the preservation of public
safety and order.
Suspension of the Privilege of the Writ of Habeas Corpus:
Pres. Marcos issued Proclamation No. 880 suspending the
privilege of the writ of habeas corpus in order to maintain
peace and order, secure the safety of the people and preserve
the authority of the State. Sec. 14 of Art. III of the 1935
Constitution (Sec. 15 Art. IV of the 1973)
“ The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion, insurrection, rebellion,
or imminent danger thereof, when the public safety requires
it”;
Government under Martial Law:
On December 1, 1972, Pres. Marcos issued Presidential
Decree No. 73 submitting to the Filipino people for
ratification the proposed New Constitution and settling the
plebiscite on January 15, 1973.
The then Atty. Charito Planas challenged the
constitutionality of the said P.D. No. 73. Atty. Planas cited the
provision of the 1935 Constitution which provide that the
calling of such plebiscite, the setting of guidelines for the
conduct of the election, prescription of ballots to be used, the
question to be answered by the voters, and the appropriation
of public funds for the purpose were matters within the
exclusive jurisdiction of the Congress.
Sec. 1 Art. XV of the 1935 Constitution:
“The Congress in joint session assembled, by a vote of ¾ 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 the 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.”
The COMELEC immediately took steps to submit to a
plebiscite for ratification of the New Constitution through the
citizen assemblies.
Par. 7 of the Amendment Provision of the 1973 Constitution:
The barangays and sangguniang shall continue as presently
constituted, but their functions, powers, and composition
may be altered by law.
Referenda conducted through the barangays and under the
supervision of the COMELEC may be called at any time the
government deems it necessary to ascertain the will of the
people regarding any important matter, whether of national
or local interest.”
The Supreme Court failed to resolve the Planas case and
other similar cases, but pending judicial resolution, the
process of ratification by the barangays continues.
On January 17, 1973, President Marcos announced the
proclamation of the ratification of the 1973 Constitution. He
signed in the presence of the Katipunan ng mga Barangay a
proclamation to the effect that the New Constitution had
been ratified by the Filipino people.
The Salient Feature of the 1973 Constitution: Page 245.
Art. VII: The President:
Section 1: The President shall be head of state and chief
executive of the Republic of the Philippines;
Section 1 of Art IX: The Prime Minister, the Cabinet and the
Executive Committee:
There shall be a Cabinet, which shall be composed of
Ministers with or without portfolio appointed by the
President x x x.
Section 2: The Prime Minister and the Cabinet shall be
responsible to the Batasang Pambansa for the program of
government approved by the President.
Sec. 3: There shall be an Executive Committee to be
designated by the President, composed of the Prime Minister
as Chairman x x x . The Executive Committee shall assist the
President in the exercise of his powers and functions and in
the performance of his duties as he may prescribed.
Paragraph 5 of the Amendments:
The incumbent President shall continue to exercise
legislative powers until martial law shall be lifted.
Paragraph 6. Whenever in the judgment of the President
(Prime Minister) there exists a grave emergency or a threat or
imminence thereof, or whenever the interim Batasang
Pambansa or the regular National Assembly fails or is unable
to act adequately or any matter for any reason that in his
judgment requires immediate action, he may, in order to
meet the exigency, issue the necessary decrees, orders, or
letters of instructions, which shall form part of the law of
the land.
Par. 2 Sec. 13 of Art. VIII: The Prime Minister may advise the
President in writing to dissolve the Batasang Pambansa
whenever the need arises for a popular votes of confidence
on fundamental issues, but not on a matter involving his own
personal integrity x x x.
Comments:
⮚ The government under martial law was called an
authoritarian constitutional government. The
President exercised extraordinary powers.
According to former Pres. Marcos, there were several reasons
to change the 1935 Constitution: The 1935 Constitution was
made by a colonial power, then, the mother country, United
States. The Filipino people would have a chance to decide for
themselves whether the 1935 Constitution was still adequate
and satisfactory for their purposes.
Some of the issues that were raised during the administration
of former Pres. Marcos:
⮚ Should the government be parliamentary or
presidential?
⮚ Should the voting age be reduced from 21 to 18
years of age?
LESSON 11-12:
Philippines under the Administration of Pres.
Corazon Aquino:
● Pres. Cory Aquino was installed to power under the
People’s Power (Edsa Revolution);
● She established the Revolutionary Government upon
her assumption into office on February 25, 1986;
Reorganization of the Government Under the Freedom
Constitution:
1. She changed the members of the Supreme Court
created by Marcos. She named for Associate Justice
Claudio Teehankee as the Chief Justice of the
Supreme Court;
2. She abolished the Batasang Pambansa. She
authorized the removal of all the local, elective
officials under the KBL party and replaced them with
her OIC’s;
3. She lifted the suspension of the privilege of the writ
of habeas corpus in two regions of Mindanao. She
freed the political prisoners under the Marcos
regime: among them Jose Ma. Sison, Bernabe
Buscayno-founder of NPA AND Victor Corpus, a
former PC lieutenant who defected to the NPA;
⮚ On April 1986, Pres. Aquino issued Proclamation No.
9 creating a Constitutional Commission to draft a
new constitution. The draft of the 1987 Constitution
was submitted to the people on February 2, 1987
plebiscite for ratification. On Feb.11, 1987 she issued
Proclamation No. 58 declaring that the New
Constitution has been approved by the Filipino
people.
The Nature of the Constitution:
A CONSTITUTION according to Cooley, is that body of rules
and maxims in accordance with which the powers of
sovereignty are habitually exercised.
The 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
fixed principles on which government is founded.
The Supremacy of the Constitution:
The Constitution is the basic and paramount law to which
all other laws and must conform and to which all persons
including the highest officials of the land, must defer.
Comparison of the 1973 Constitution with the 1987
Philippine Constitution:
President:
A. Re-election:
Under the 1973 Constitution, there is no prohibition
restricting the President for re-election.
Under the 1987 Phil. Constitution: Sec. 4 Art. VII: The
President and the Vice-President shall be elected by direct
vote of the people for a term of six years which shall begin at
noon on the 13th day of June next following the day of the
election and shall end at noon of the same date six years
thereafter. “ The president shall not be eligible for any
re-election”.
B. Rule on Succession:
Sec. 4 Art. VII of the 1973 Constitution: If at the time fixed for
the beginning of his term, the President-elect shall have died
or shall have failed to qualify or if the President shall not have
been chosen, the Executive Committee, headed by the Prime
Minister as hereinafter provided, shall exercise the powers
and discharge the duties of the President until a President
shall have been elected and qualified.
Sec. 8 of Art. VII of the 1987 Philippine Constitution:
In case of death, permanent disability, removal from office,
or resignation of the President, the Vice-President shall
become the President to serve the unexpired term.
C. The Powers of the President:
Sec. 9 Art. VII of the 1973 Constitution:
The President shall be the commander-in-chief of all armed
forces of the Philippines and whenever it becomes necessary,
he may call out such armed forces to prevent or suppress
lawless violence, invasion, insurrection or rebellion. In case of
invasion, insurrection or rebellion, or imminent danger
thereof, when the public safety requires it, he may suspend
the privilege of the writ of habeas corpus, or place the
Philippines or any part thereof under martial law.
Sec. 18 Art. VII of the 1987 Philippine Constitution:
The President shall be the Commander-in-Chief of the
armed forces of the Philippines and whenever it becomes
necessary, he may call out such armed forces to prevent or
suppress lawless violence, invasion or rebellion. In case of
invasion or rebellion, when the public safety requires it, he
may, for a period not exceeding 60 days, suspend the privilege
of the writ of habeas corpus or place the Philippines or any
part thereof under martial law. Within 48 hours from the
proclamation of martial law or the suspension of the privilege
of the writ of habeas corpus, the President shall submit a
report in person or in writing to the Congress. The Congress,
voting jointly by a vote of at least majority of all its Members
in regular or special session may revoke such proclamation or
suspension, which revocation shall not be set aside by the
President. Upon the initiative of the President, the Congress
may, in the same manner, extend such proclamation or
suspension for a period to be determined by the Congress, if
the invasion or rebellion shall persist and public safety
requires it.
The Congress, if not in session, shall within 24 hours
following such proclamation or suspension, convene in
accordance with its rules without need of a call.
The Supreme Court may 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 extension thereof, and must
promulgate its decision thereon within 30 days from its filing.
A state of martial law does not suspend the operation of
the Constitution, nor supplant the functioning of the civil
courts or legislative assemblies, nor authorize the conferment
of jurisdiction on military courts and agencies over civilians
where civil courts are able to function nor automatically
suspend the privilege of the writ.
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 invasion.
During the suspension of the privilege of the writ, any
person thus arrested or detained shall be judicially charged
within 3 days otherwise he shall be released.
LESSON 13-14
The Three Departments/Branches of the Government:
1. Legislative Department – Art. VI
2. Executive Department – Art. VII
3. Judicial Department – Art. VIII
Legislative Department:
A. Composition:
B. Function:
C. How is a bill becomes a law?
LESSON X & LESSON XI- EXECUTIVE DEPARTMENT:
LESSON XI- & LESSON XII- JUDICIAL DEPARTMENT
LESSON XIII & LESSON XIV- 3 Inherent Powers of the State
XV- XVIII- What are the Constitutional Rights of the Accused
Person?
POLITICAL SCIENCE REVIEW MATERIAL
LEGISLATIVE DEPARTMENT – ART.
VI
What is the function of the legislative
department?
The power to propose, enact, amend and
repeal laws.
A. Qualifications:
1. Senator - (age- 35) Sec. 3
2. HOR - (age-25 )Sec. 6
B. Rules in case of Election Contest –
Sec. 17- The Senate and the House of
Representatives shall each have an Electoral
Tribunal which shall be the sole judge of all
contests relating to the election, returns, and
qualifications of their respective members.
Each Electoral Tribunal shall be composed of 9
members, 3 of whom shall be Justices of the
Supreme Court to be designated by the Chief
Justice, and the remaining 6 shall be members
of the Senate or the House of Representatives,
as the case may be, who shall be chosen on
the basis of proportional representation from
the political parties.
C. Term of Office:
 1. Senators - ( 6 years) Sec. 4
2. HOR - ( 3 years) Sec. 7
D. Rule in case Vacancy occur in the
Senate and the HOR – Sec. 9
E. Composition and Functions of the
following:
1. Senate Electoral Tribunal & the
House Electoral Tribunal – ( 9 ) Sec. 17
Question: Can the Electoral Tribunal
determine issues on terrorism and Fraud in an
election?
Answer: Yes. The E.T. can annul the
election results in precinct to remain faithful to
its computational mandate.
2. Commission on Appointment – 24
+ 1 Chairman (Sec. 18)
F. Privilege and Immunities of the
Members of the Legislative Department:
1. From arrest – Sec. 11
2. From questioning – Sec. 11
A Senator or Member of the House of
Representatives shall, in all offenses
punishable by not more than 6 years
imprisonment, be privileged from arrest while
the Congress is in session. No Member shall
be questioned nor be held liable in any other
place for any speech or debate in the
Congress or in any committee thereof.
G. Powers of the legislative department:
1. Power to discipline its members for
disorderly behavior – 2/3 to expel or suspend
its member Par. 3 (Sec. 16)
2. To conduct inquiries in aid of legislation
– Sec. 21
3. To call the executive departments heads
for questioning (Question Hour) –
Sec. 22
4. The power to declare the existence of a
state of war – Par. 1 Sec. 23
5. The power to define, prescribe and
apportion the jurisdiction of the various courts
– Sec.2 Art. VIII
6. The power to prescribe the qualification
of judges of lower courts – Par. 2 Sec. 7
Art. VIII
7. Delegation of powers:
a. Emergency power to the President –
Par. 2 Sec. 23
b. Tariff power to the President – Par. 2
Sec. 28 TIE TWO
c. Delegation to the People- Sec. 32
Art. VI and Sec. 3 Art. XVII
d. Delegation to the Local Government-
Sec. 3, Sec. 11, Sec. 18 Art. X
2 Test of delegation of powers:
Completeness Test & Sufficient Standard Test
8. The power of HOR to initiate cases
of impeachment – Par. 1 Sec. 3 Art. XI
9. Senate act as the sole judge in
impeachment cases – Par. 6 Sec. 3 Art. XI
10. The power to grant franchise, license
and certificate – Sec. 11 Art. XII
11. Power of concurrence:
1. Law granting tax exemption – par.
4 Sec. 28 Art. VI;
2. Increasing the appellate
jurisdiction of the Supreme Court – Sec. 30
3. The power of the Pres.to declare
martial law or suspend the privilege of the writ
– Sec. 18 Art. VII
4. The power of the Pres. To enter
into treaty or international agreement –
(Sec. 21 Art. VII)
5. The power of the Pres.to grant
amnesty Sec. 19 Art. VII
HOW IS A BILL BECOMES A LAW?
1st- Bill. One subject.
2nd- Must passed three readings;
3rd- Submitted to the President for his
signature.
A. The President may sign it;
B. The President may veto the bill;
1. The President shall communicate
his veto within 30 days after the date
of receipt thereof.
 2. The Congress may override the
veto power of the President by a vote of
at least 2/3 of all the members of
that House;
When Journal is in conflict with another official
act of Congress:
Enrolled Bill: It is the duly authenticated copy of
a bill or resolution bearing the signature of the
Speaker and the Senate President and the
certification of the Secretaries of both Houses
that such bill was passed.
It is the certification of the officers of both
Houses that gives probative weight to an
enrolled bill.
Doctrine of Inappropriate Provisions: Related
to the veto power of the President.
A provision that a constitutionally
inappropriate for an appropriation bill may be
singled out for veto even if it is not an
appropriation or revenue item.
i – Disqualifications:
1. From holding forbidden office – Sec. 13
Art. VI
2. Personally appear as counsel and
financially interested in any contract –
Sec. 14
Different provisions that restrict the power of
the Congress to enact laws:
1. Disqualified to hold any other office of
employment in the Government (Sec. 13)
Note: the incompatible office and the
forbidden office
2. a. Disqualified to appear as counsel (Sec.
14);
b. He shall not be financially interested in
any contract;
c. Not to intervene in any matter before any
office of the government;
3. Not to increase appropriation recommended
by the President (Sec. 25);
4. Not to grant tax exemption ( par. 4 Sec. 28)
5. No money shall be paid out of the Treasury (
Sec. 29);
6. Prohibition of increasing the appellate
jurisdiction of the Supreme Court (Sec. 30);
7. No law granting title of royalty or nobility
(Sec. 31).
APPROPRIATION:
Two Kinds of Lump Sum:
1st- The Congressional pork Barrel which is
herein defined as a kind of lump-sum
discretionary fund wherein legislators either
individually or collectively organized into
committees, are able to effectively control
certain aspects of the fund’s utilization through
various post-enactment measures and or
practices;
2nd- Presidential Pork Barrel which is herein
defined as a kind of lumpsum discretionary
fund which allows the President to determine
the manner of the utilization. It is the Court
shall delimit the use of such terms to refer only
the Malampaya Funds and the Presidential
Social Fund.
Limitations on the power of the legislature
to pass a law:
1. The separation of the Church and State shall
be inviolable (Sec. 6 Art. II);
Bill of Rights (Art. III)
2. No law shall be passed abridging the
freedom of speech, of expression, or of the
press, or the right of the people peaceably to
assemble and petition the government for
redress of grievances (Sec. 4);
3. No law shall be made respecting
establishment of religion, or prohibiting the free
exercise thereof. The free exercise and
enjoyment of religious profession and worship,
without discrimination or preference, shall
forever be allowed. No religious test shall be
required for the exercise of civil or political
rights (Sec. 5);
4. No law impairing the obligation of contracts
shall be passed (Sec. 10);
The Legislative Department (Art. VI):
5. No law granting any tax exemption shall be
passed without the concurrence of a majority of
all the members of the Congress (par. 4 Sec.
28);
6. No law shall be passed increasing the
appellate jurisdiction of the Supreme Court as
provided in the Constitution without its advice
and concurrence (Sec. 30);
7. No law granting a title of royalty or nobility
shall be enacted (Sec. 31);
EXECUTIVE
DEPARTMENT ( Art. VII)
Powers of the President:
1. Appointing power – Sec. 16
Note: The classification of
appointment:
1st – Permanent appointment extended
to persons possessing the requisite
eligibility and are thus enjoy the security
of tenure;
2nd- Temporary appointment are given to
persons without such eligibility, his
position is revocable at will and without
necessity of just cause or a valid
investigation. The temporary appointee
may be replaced at any time once a
permanent choice is made.
Status of appointment:
Regular – an appointment made while
the Congress is in session, but takes
effect only once confirmed by the C.A.;
Ad Interim – Appointment made while
the Congress is not in session and takes
effect immediately, but ceases to be
valid if disapproved by the CA or upon
the next adjournment by the C.A.
Ad interim appointment is a
permanent appointment, because he
enjoys the security of tenure. The ad
interim appointment can be terminated
only for two causes specified in the
Constitution: 1- If his appointment is
disapproved by the C.A.; 2- The
Congress adjourned without the CA
acting on the appointment (the ad
interim appointment is by passed).
Absent of such decision, the President
is free to renew the ad interim
appointment.
Officers subject to the appointment of
the President ( Sec. 16);
The President shall nominate and with
the consent of the Commission on
Appointments, appoint the heads of the
executive departments, ambassadors,
other public ministers, and consuls or
officers of the armed forces from the
rank of colonel or naval captain and
other officers whose appointments are
vested in him by the 1987 Phil.
Constitution.
Other officers whose appointment is
vested to the President:
a. Other officers whose appointment are
not otherwise provided for by law;
b. Those officers he may be authorized
by law to appoint.
Note: Confirmation of the CA is no
longer necessary.
e.g. 1. The members of the Supreme
Court and judges of lower courts (Sec.9
Art. VIII)
Question: What are the constitutional
limitations to the appointing power of the
President?
1. Appointment of his relatives to the
CO-SUCH (par. 2 Sec. 13 of Art. VII);
2. 2 months before the next
presidential election (Sec. 15);
General Rule: The power to appoint
includes the power to remove.
Exceptions:
 1. Public officials that can be
removed only thru impeachment
(PV-SCO;(Sec.2 Art. XI)
The President, the Vice President,
the Members of the Supreme
Court, the Members of the
Constitutional Commission and
the Ombudsman may be removed
from office, on impeachment for
and conviction of culpable
violation of the Constitution,
treason, bribery, graft and
corruption, other high crimes, or
betrayal of public trust.
2. Members of the career service of
the Civil Service can be removed only
for cause and in accordance with the
procedure prescribed by law;
2. The Power of Control – Sec. 17
What constitute power to control?
What is the residual power?
Note:
1. The power to control includes the
power of the President to reorganize
the offices and agencies in the
executive department, provided that the
President must exercise in good faith for
the purpose of economy or to make
bureaucracy more efficient. The power
to reorganize includes the power to
abolish, consolidate or merge units or
transfer functions from one unit to
another.
2. The exercise of power of the
President is a political question.
Question: What is the “alter ego
principle” also known as the doctrine of
qualified political agency? (see page
364 of Nachura);
3. The President exercises only the
power of general supervision over the
local governments (Sec. 4 Art. X). It
means that the President cannot
interfere in local affairs of the LGU as
long as the concerned local government
units acts within the parameters of the
law and the Constitution. Otherwise, the
President will violate the principle of
local autonomy, as well as the doctrine
of separation of powers of the executive
and the legislative departments in the
LGU.
3. The Military Power – Sec. 18
a. As Commander-in-Chief of the AFP
b. Suspend the privilege of the writ of
habeas corpus
c. To declare Martial Law
The President shall be the Commander in
Chief of all armed forces of the Philippines and
whenever it becomes necessary, he may call
out such armed forces to prevent or suppress
lawless violence, invasion or rebellion. In case
of invasion or rebellion, when the public safety
requires it, he may, for a period not exceeding
sixty days suspend the privilege of the writ of
habeas corpus or place the Philippines or any
part thereof under martial law. Within 48 hours
from the proclamation of martial law or the
suspension of the privilege of the writ of
habeas corpus, the President shall submit a
report in person or in writing to the Congress.
1. Not exceeding 60 days;
2. Within 48 hours, the President
must submit a report to the
Congress;
The Congress will convene to
decide by a vote of majority of all its
members:
a. They revoke the
proclamation of the martial law;
b. They may extend the
proclamation of martial law.
Note:
 (1.) What is the difference between the
Military Power of the President with his
Emergency Power under par. 2 Sec. 23
of Art. VI?
National Emergency:
1. Economic 2. Natural disaster 3.
National Security
(2) What are the limitations on the
power of the President to suspend the
privilege of the writ or to declare martial
law?
(3) The power of the Supreme Court to
review the sufficiency of the factual
basis of the proclamation of martial law
or the suspension of the privilege of writ.
4. To grant reprieves, commutations and
pardons and the power to grant amnesty
– courts (Sec. 11)
Sec. 19 Exception : in impeachment.
5. To contract and guarantee foreign loans
– Sec. 20 Requirements: Concurrence
by the Monetary Board;
6. Power to enter into a treaty or
international agreement – Sec. 21 (2/3
votes of all the members of the Senate).
7. To address the Congress at the opening
of its regular session – Sec. 23
8. The power of the Pres. To enter into
agreement with foreign-owned
corporations involving either technical or
financial assistance for large scale
exploration of minerals- par.4 Sec. 2 Art.
XII;
JUDICIAL DEPARTMENT: ART. VIII
Question: Cite the Constitutional provision that
guarantees the independence of the Judiciary?
Appointment of the members of the Supreme
Court and judges of lower courts by the
President (Sec. 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 appointment
need no confirmation.
Composition of the Judicial and Bar Council
(Sec. 8)
Judicial function: (Sec. 5)
a) Exercise original jurisdiction;
b) Appellate jurisdiction;
Administrative function;
Rule-making power
The power to appoint all officials and
employees of the Judiciary;
The power to discipline the judges of lower
To maintain the independence of the Judiciary,
the following safeguards have been embodied
in the Constitution:
1. The SC is a constitutional body. It
cannot be abolished nor may its
membership
or the manner of its meetings be
changed by mere legislation; (Par. 2
Sec.2)
2. The member of SC cannot be removed
from office except by impeachment
( Sec. 2 Art. XI)
3. Judiciary enjoy the Security of tenure
(par. 2 sec. 2)
4. The Judiciary cannot be deprived of its
jurisdiction over cases enumerated in Sec.
5 of Art. VIII
5. The power to appoint all officials and
employees of the Judiciary in accordance with
the Civil Service Law;
6. The Judiciary enjoy fiscal autonomy.
Sec. 3
7. The SC shall have administrative
supervision over all courts and the personnel
 thereof; par. 6 Sec.5
8. The power to discipline judges of lower
courts or order their dismissal (Sec. 11);
The Necessity of Deciding Constitutional
Question:
The reason why the courts will as much as
possible avoid the decision of a constitutional
question can be traced to the doctrine of
separation of powers. In line with this policy,
courts indulge the presumption of
constitutionality and go by maxim that “to doubt
is to sustain.
Requisites of Judicial Inquiry:
By virtue of a judge-made policy, no
constitutional question will be heard and
decided by them, unless there is compliance
with what are known as the requisites of a
judicial inquiry.
1. There must be an actual case or
controversy;
2. The question of constitutionality must be
raised by the property party;
3. It must be raised at the earlies possible
opportunity; and
The rationale of this rule is that if it is not
raised in the pleading it cannot be considered
at the trial, and if not considered at the trial, it
cannot be considered on appeal.
This general rule, is subject however to the
following exceptions:
1) In criminal case, the constitutional
question can be raised at any time in the
discretion of the court;
2) In civil cases, the constitutional question
can be raised at any stage if it is
necessary to the determination of the
case itself;
3) In every case, except where there is
estoppel, the constitutional question
may be raised at any stage if it involves
the jurisdiction of the court.
4. The decision of the constitutional
question must be necessary to the
determination
of the case itself.
(Ref: Isagani Cruz Constitutional Law)
Effects of the Declaration of the
Unconstitutionality:
A. Orthodox view;
B. Modern view or less stringent;
Hence: a request for advisory opinion cannot
come under the category of an actual case or
controversy since the issue raised does not
involve any conflict in law that has assumed
the proportion of the full-blown disputes.
Counseling by courts is contrary to the
doctrine of separation of powers, since their
advice will not have the force of law, but of a
mere suggestion or recommendation that may
be accepted or rejected at will by the
department requesting it.
CONSTITUTIONAL COMMISSION: Art.
IX
Evidence of the Independence Principle:
1. Their salary may not decrease during their
tenure- (Sec. 3)
2. The power to appoint their own officials and
employees (Sec. 4)
3. They enjoy fiscal autonomy (Sec. 5)
4. They cannot be removed from office except
thru impeachment (Sec. 2 Art. XI)
5. They enjoy the security of tenure (par. 3
Sec. 2 Art. XI)
CONSTITUTIONAL LAW:
Essential Substantive Parts of the Written
Constitution:
1. Liberty – Setting forth the fundamental
civil and political rights of the citizens,
and imposing limitations on the power of
the government:
Bill of Rights
 Declaration of Principles and State
Policies
Citizenship
Duties and Obligations of the Citizens
National Economy and Patrimony
2. Constitution of government – outlining
the organization of the government,
enumerating its powers, laying down
certain rules relative to its
administration, and defining the
electorate
Art. VI to Art. XI
Amendment to Revision of the
Constitution
3. Constitution of Sovereignty – Pointing
out the mode or procedure in
accordance with which formal changes
in the fundamental law.
Art. XVII – The Transitory Provision
INTERPRETATION OF THE CONSTITUTION:
Note: Constitution serves as a guideline of the
legislatures in formulating laws, but there are
some provisions which are considered as
self-executing.
In case of doubt, the Constitution should be
considered self-executing rather than non-self
executing, mandatory rather than directory;
and prospective rather than retrospective.
Self-Executing is a rule that by itself is directly
or immediately applicable without need of
statutory implementation. Example, Bill of
Rights, may be invoked by private persons
independently of or even against legislative
enactment.
Example: Sec.2 Art. II; The power of control
by the President
The non-self executing provision is one that
remains dormant unless it is activated by
legislative implementation.
Examples: Sec. 4 Art. II; Sec. 3 Art. IV,
As a rule, whenever the language used in
the Constitution is prohibitory, it is to be
understood as intended to be a positive and
unequivocal negation; and whenever the
language contains a grant of power, it is
intended as mandate, not a mere direction.
AMENDMENT or REVISION: ( ART. XVII)
Terminologies: Amendment means isolated or
piecemeal change only.
Revision is a revamp or
re-writing of the whole instrument.
Rules for the amendment or revision of the
Constitution:
1. Proposal for the amendment or revision
may either be :
a. Directly by the Congress upon a
vote of ¾ of all its members; or
b. By the Constitutional convention.
When what is to be intended is a mere
amendment or change of particular
provision only, the proposal is better made by
direct legislative action. This method will
avoid the unnecessary expenditure of public
funds and time that the calling of a
constitutional convention will entail.
But if the envisioned is the overhaul of the
entire Constitution, it will be advisable to
entrust the task to a constitutional
convention, which will have more time,
opportunity and presumably also the needed
expertise to discharge it.
The following steps TO CALL THE
CONSTITUTIONAL CONVENTION:
a. By the 2/3 votes of all the members of
the Congress. If they cannot make up
their minds,
b. Submit the issue to the people
themselves PROVIDED that question
whether or not to call the constitutional
convention must be decided first by the
majority vote of all its members.
Why? The congress acting as a
legislative body, may pass the necessary
implementing law, providing for the
details of the constitutional convention
such as the number, qualifications, and
compensation of its members.
NOTE THAT: The proposed amendment
by the Congress or by the constitutional
convention, to be valid must be
SUBMITTED TO THE PEOPLE for
ratification by majority of the vote cast in
a plebiscite called for that purpose which
shall be held NOT EARLIER than 60
days nor later than 90 days after
approval of such amendment or revision.
Rationale of the time framed: They are
intended to answer present needs or
correct current problems. If they are
accepted only after a long delay, they
may no longer serve the purposes for
which they were made. The proposal
should be voted upon at a time when
interest in them is still rife and the
electorate is still knowledgeable on the
pros and cons of the issues submitted to
them.
Under Sec. 32 of Art. VI, the Congress
shall provide for a system of initiative or
referendum. Exception: People can
propose and enact laws or approve or
reject any act or law passed by the
Congress or by the local legislative body
subject however to the rule that the
registration of a petition must be signed
by at least 10% of the total number of
the registered voters and every
legislative district must be represented by
at least 3% of the registered voters.
Note: The rule is different if the issue
involved is the amendment or ratification
of the Constitution under Sec. 2 of Art.
XVII.
Question: What is the status of the
Constitutional Convention?
1st In Loomis V. Jackson, It is supreme over
the other departments of the government
because the powers it exercises are in the
nature of sovereign powers. This theory is
called “Theory of Conventional Sovereignty”.
2nd In Wood’s Appeal, constitutional
convention is inferior to the other departments
of the government since it is merely a creation
of the legislature.
3rd in Frantz V. Autry, it declares that as long
as it exists and confines itself within the sphere
of its jurisdiction, the constitutional convention
must be considered independent of and
co-equal with the other departments of the
government.
The most widely accepted theory is the third.
c. Ratification proposed by the People
themselves.
Note: In the case of statute, it sufficed
that it is enacted by their chosen
representative pursuant to their mandate,
but where it is a Constitution that is being
framed or amended, it is imperative and
proper that approval come directly from
the people themselves.
Procedure:
1. People’s initiative- by petition of at least
12% of the total number of the
registered voters; and
2. Every legislative district must be
represented by at least 3% of the
registered votes.
Limitations:
1. No more amendment shall be
authorized within 5 years following the
ratification of the Constitution, or
2. Oftener than once every 5 years
thereafter.
NOTE: The question for the validity of the
adoption of the amendments to the
Constitution is regarded as subject to judicial
inquiry.
Notes for Review:
Doctrine of State Immunity: (Sec. 3 Art. XVII)
See page 47 of Nachura:
1st- Determine if the agency is incorporated or
unincorporated;
a. Incorporated: It possesses a juridical
personality independent of the State. The
issuance of its charter constitutes express
consent on the part of the State to be sued. Ex.
Municipal Corp.
b. Unincorporated: It has no juridical
personality independent of the Government. To
determine its suability, identify the principal
function of the agency.
1. Governmental function: The agency
act as the instrumentality of the government
exercising primarily governmental function,
hence it cannot be sued without its consent.
2. Proprietary function: The agency is
engaged into a private function either for
business or profit, then it descends to the level
of a private individual hence, vulnerable to suit.
2nd – Suit against Public Officer: The doctrine of
State immunity also applies to complaints filed
against officials of the State for acts performed
by them in the discharge of their duties within
the scope of their authority. However, if the
public official acts outside the scope of his
authority, his act is not the act of State, hence
he is personally accountable.
Note: 1. The doctrine cannot be used to
perpetrate an injustice. Example: Taking of
private property in the exercise of the power of
eminent domain without payment of just
compensation.
Form of consent:
1. Express consent- Given only by an act of the
legislative body thru a law.
a. General law – A law granting consent
which requires that all money claims against
the government must first be filed with the COA
before suit is instituted in court.
b. Special law- A form of consent which
embodied in a statute.
2. Implied consent:
a. When the State commences litigation,
then it becomes vulnerable to a counterclaim.
b. When the State enters into a business
contract.
Note: > When the State enters into a
contract in pursuit of a sovereign activity, there
is no waiver of immunity, and no implied
consent may be derived therefrom, because
the State is exercising it governmental function
(Jus Imperii). (See page 55 for further
explanation).
⮚ If the government however enters
into a proprietary function (Jus
Gestionis) then it cannot claim
immunity from suit, because the
government abandons its
sovereign capacity and is to be
treated like any other corporation.
⮚ Consent to be sued does not
include consent to the execution
of judgment against it. Such
execution require another waiver,
because the government funds
and properties may not be seized
under writ of execution or
garnishment, unless such
disbursement is covered by the
corresponding appropriation as
required by law. A law must be
passed to grant appropriation
fund to satisfy judgment.
Before execution may proceed
against it, a claim for payment of
 the judgment award must first be
filed with the COA. The settlement
of the monetary claim is still
subject to the primary jurisdiction
of COA.
What is Judicial Inquiry?
As a rule, the court will not entertain political
questions. Furthermore, by virtue of a
judge-made policy, no constitutional question
will be heard and decided by them, unless
there is compliance with what are known as the
requisites of a judicial inquiry: ( See Cruz
Textbook)
1) There must be an actual case or
controversy;
2) The question of constitutionality
must be raised by the proper
party;
3) It must be raised at the earliest
possible opportunity;
4) The decision of the constitutional
question must be necessary to
the determination of the case
itself.
Effects of declaration of
unconstitutionality- The S.C.
applied the orthodox view.
3 INHERENT POWERS OF THE
STATE:
1. Police Power – “Salus populi est suprema
lex”
● The police power may not be bargained
away through the medium of a contract
or even a treaty.
● The exercise of the police power lies in
the discretion of the legislative
department. If the legislature does
decide to act, the choice of measures or
remedies lies within its exclusive
discretion. Once determined, the
remedy chosen cannot be attacked on
the ground that it is snot the best of the
suggested solutions or that it is unwise
or impractical or inefficacious. These are
political questions.
Item of Notes:
a) The PP is lodged primarily in the
national legislature. By virtue of a valid
delegation of legislative power, it may
also be exercised by the President, the
administrative boards as well as the
lawmaking bodies on all municipal
levels.
b) The municipal government can exercise
this power under the General Welfare
Clause, pursuant to which they are
authorized to enact such ordinances.
c) No mandamus is available to coerce the
exercise of the PP. The legislature does
decide to act, the choice of measures or
remedies, provided only they conform to
the requisites provided therein.
1. Lawful subject-matter- “Salus
populi est suprema lex.”
2. Lawful means. “the end does
not justify the means.
d) Once determined, the remedy chosen
cannot be attacked on the ground that it is not
the
best of the suggested solutions, or that it
is unwise, impractical or inefficacious. These
are
also a political question and therefore
off-limits to the judiciary.
2. Eminent Domain:
a) This power may validly be
delegated to other governmental
entities and in fact event to
private corporations, the
so-called quasi-public
corporations.
b) Questions of necessity or
wisdom are essentially political.
 c) Property already devoted to
public use is still subject to
expropriation, provided this is
done directly by the national
legislature or under a specific
grant of authority to the delegate.
d) When is taking considered
compensable?
e) The property expropriated must
be devoted for public use.
3. Taxation:
a) Differentiate direct duplicate
and indirect duplicate double
taxation.
b) If the grant of tax exemption
is founded with a valuable
consideration, it is deemed
to partake of the nature of a
contract and the obligation
thereof is protected against
impairment clause.
DUE PROCESS:
Note: 1. What is substantive due process?
2. What is procedural due process?
3. What is a criminal due process?
4. What is administrative due process?
EQUAL PROTECTION:
All persons or things similarly situated should
be treated alike, both as to rights conferred and
responsibilities imposed. To determine whether
the law is based on a valid classification, it
must conform to the following requirements:
1) It must be based on substantial
distinction;
2) It must be germane to the purposes of
the law;
3) It must not be limited to the existing
conditions only;
4) It must apply equally to all members of
the class;
SEARCH AND SEIZURES:
Take Note:
1. The right against unreasonable
searches and seizures is personal and
may be invoked only by the persons
entitled to it;
2. What are the requisites of valid
issuance of search warrant or warrant
of arrest?
3. What are the circumstances which
allow a warrantless arrest?
1) Where an arrest is effected by
virtue of a valid warrant, or under
any of the above circumstances,
a search may be made as an
incident to such valid arrest.
2) Plain View Doctrine: “open to
eye and hand,” of the
law-enforcement officer who
comes into the object
inadvertently, may also be sized
by him even without warrant.
FREEDOM OF EXPRESSION:
1) Elements: A. Freedom from previous
restraint or censorship
B. Freedom from
Punishment;
2) To determine the liability of the
individual for ideas expressed by him, three
major criteria have been applied:
1. The Clear and Present Danger
Rule: It is whether the words used are
used in such circumstances and are of
such a nature as to create a clear and
present danger that they will bring
about the substantive evils that the
State has a right to prevent. It is a
working principle that the substantive
evil must be extremely serious and the
 degree of imminence is extremely high
before utterances can be punished.
2. The Dangerous Tendency Rule: If
the words uttered create a dangerous
tendency which the State has a right to
prevent, then such words are
punishable. It is enough that the
language used be reasonably
calculated to incite person to acts by
force, violence or unlawfulness. It is
sufficient if the natural tendency and
probable effect of the utterance be to
bring about the substantive evil which
the legislative body seeks to prevent.
3. Balance of Interest Test: This is the
test to determine the validity of the
statute. When a particular conduct is
regulated in the interest of public order,
and the regulation results in an indirect
conditional, partial abridgment of
speech, the duty of the court is to
determine which of the two conflicting
interests demands the greater protection
under the particular circumstances
presented.
Authority is preferred under the
dangerous tendency doctrine, liberty,
under the clear and present danger rule.
The balancing of interest test resolves
the issue in the light of the peculiar
circumstances obtaining in each
particular case.
3) Distinguish Content-Based Regulation and
Content-Neutral Regulation.
(See page 188 Nachura)
4) What is Overbreadth Doctrine? (see page
195 Nachura)
5) The test of a lawful assembly:
a. The purpose test-
b. The auspices test-
THE IMPAIRMENT CLAUSE:
1. When is there an impairment?
2. Limitations:
a. If the law is a proper exercise of the
police power, it will prevail over the contract.
b. Where a law grants a tax exemption in
exchange for valuable consideration, such
exemption is considered a contract and cannot
be repealed because of the impairment clause.
DISTINGUISH EX POST FACTO LAW FROM
BILL OF ATTAINDER?
OOUTLINE OF THE RELATED LAWS SUBJECT IN
SOCIAL STUDIES:
Ref: Philippine History By: Francisco Zulueta & Abriol
Nebres
Pre-Spanish Period
A. The first inhabitants of the Archipelago - Negritos
B. Other Migrants - The Malaysians (they went to Panay,
Island)
C. The Epic of the 10(?) Datus \ di ko sure yung 10
HAHAHA /
- Chief Executive, Legislator, and a Judge
- The Dictators were the Datus
D. System of the Gov't
1. The Power of Datu
2. Laws:
a. The Oral Laws - Customary Laws
b. The Written Laws - Code of Kalintiyaw
3. The Judicial Process
4. Trial by Ordeals
a. River Ordeals
b. Boiling Water Ordeals
c. Candle Ordeals
d. Ordeal by Wrestling
RANDOM NOTES
Encomienda System
-to promote the welfare of the inhabitants
-ipinanukala ng mga Spaniards
-considered as the LGU as of this moment Andres
opposed Taxation
-nagbabayad tayo ng buwis para lamang bayaran ang
mga sundalo at patuloy na gawing alipin.
POLITICAL SCIENCE REVIEW MATERIAL
LEGISLATIVE DEPARTMENT - ART. VI
Political Law is that branch of public law which deals
with the organization and operations of the
governmental organs of the State and defines the
relations of the State with the inhabitants of its
territory.
Philippine Political Law, is a study of the structure and
powers of the Government of the Republic of the
Philippines. It also deals with certain basic concepts of
political law, such as the nature of the State, the
supremacy of the Constitution, the separation of
powers, and the rule of the majority.
Background Study of the Philippines Political System:
(Phil. History)
Concept of the State:
State is a community of persons, more or less
numerous, permanently occupying a fixed territory, and
possessed of an independent government organized for
political ends to which the great body of inhabitants
render habitual obedience. I
Differentiate nation with the State:
Nation (nasci, to be born) indicates a relation of birth or
origin and implies a common race, usually characterized
by community of language and customs. The State is a
legal concept, while the nation is only a racial or ethnic
concept.
Lesson 2:
I – Pre-Spanish Period:
A. The first inhabitants of the archipelago –
Negritos
B. Other migrants of the archipelago
1. The Malaysians;
C. The Epic of the 10 Datus
D. System of the Government:
1. The powers of the Datu;
2. Laws:
a. The oral laws- Customary laws;
b. The written laws – Code of Kalantiyaw
3. The Judicial Process – If the parties
involved reside in different barangays, the
disputes are resolved by arbitration in a
body composed of elders from other
barangays acting as arbiters. Trials were
held in public where the plaintiffs and
defendants pleaded their own case.
4. Trial by Ordeals:
a. River ordeals;
b. Boiling water ordeals;
c. Candle ordeals;
d. Ordeal by wrestling;
E. Social Stratification:
1. The nobles;
2. The freemen;
3. The slaves;
Lesson No. 3:
I- Spanish Rule of the Philippines:
A. Political structure of the Colonial Government:
(Page 56)
1. Las Siete Partidas – The legal basis of
Spain’s colonial policy in the Philippines;
a. Council of the Indias (Consejo de
Indias);
b. Governor General – Head of the
centralized government;
1. The power of the governor-general
1. Implement the royal decrees;
2. He has the power to
suspend the implementation if he
thinks that the conditions in the colony
did not warrant its implementation.
b. Provincial Government:
1. Alcalde Mayor (Alcaldia Mayor) or
province where peace and order had already been
established and maintained and under a civil official;
2. Corregimientos- Territories that
were not completely pacified and placed under a
politico-general called Corregidor;
c. Municipal Government:
1. Pueblos (towns) headed by the
gobernadorcillo;
2. The villages or barangays were
under the control and supervision of the
Cabeza de Barangay;
d. The Royal Audencia; The primary
function was to act as the Supreme Court of the
Philippines and served as an advisory body of the
governor general. It was also empowered to check the
abuses committed by the governor general in the
exercise of the administrative functions and
prerogatives;
e. The Residencia- the judicial system
introduced by Spain. Its function
is to investigate outgoing governor
generals and other Spanish
officials during their term of office;
f. Visitador-general was an investigating
officer sent by the king of
Spain to check Philippine conditions and to look into
administrative complaints against erring governor
general and other Spanish officials.
2. The Encomienda System: (Page 57). See
also Page 66.
The right vested by the King upon a
Spaniard who had helped in the settlement of a country
as a reward for his services. The encomiendero has the
duty to collect taxes. It has the obligation to promote the
welfare of the inhabitants and to assist
the missionaries to convert the natives to the Catholic
faith.
B. Spanish Colonial Policy:
1. Taxation;
2. Forced labor
3. Frailocracy
4. The Tobacco Monopoly
C. The Secularization issue.
The Filipino priests were agitating for an equitable
representation in parish religious administration, which
were denied, because the Spanish clergy believed that
the Filipino priests lack the necessary training. The
secularization controversy centered on religious issues
with racial prejudices and implications. The
secularization controversy between the Spanish priests
and Filipino priests focused on the control of curacies in
the Philippines.
ACTIVITY: Google Classroom:
LESSON 4:
Different policies of the Spanish Government:
A- On Education:
1. The educational system was controlled by the friars;
2. Some schools were exclusively established for
education of some Spanish nationals;
B. Agrarian grievances:
Share tenancy system.
C. On the economy:
1. The removal of the stringent restriction on foreign
trade became a big boost for the economy and enjoyed
a favorable balance of trade with Europe and
neighboring Asian countries;
2. The influx of liberal ideas;
D. The Propaganda Movement:
1. Dr. Jose Rizal- Noli Mi Tangere El Filibusterismo
2. Graciano Lopez Jaena- La Solidaridad
3. Marcelo H. Del Pilar- Diariong Tagalog
4. Antonio Luna-
5. Juan Luna- Spolarium
KKK:
Structure of the Katipunan of Andres Bonifacio:
Kataas-taasang Sangunian – Supreme Council
Sangunian Bayan – Provincial Council
Sanguniang Balangay – Popular Council
II- The Reform Movement and the Katipunan:
A. The rivalry between the Magdalo and Magdiwang
Council; Page 104-105
Tejeros Convention- To settle the differences
between the two rival groups
Acta de Tejeros- Rejected the Revolutionary
Government of Gen. Emilio Aguinaldo;
B. The Naik Military Compact;- Establishment of a
government, independent of and separate from that
established at Tejeros by the Magdalo;
Lesson 5:
I- The Biak-na-Bato Republic of Gen. Emilio Aguinaldo: Page
110-111
Members of the Supreme Council:
President – Gen. Emilio Aguinaldo
Vice-President – Mariano Trias
Secretary of Foreign Affairs – Antonio Montenegro
Secretary of Interior - Isabelo Artacho
Secretary of the Treasury – Baldomero Aguinaldo
Secretary of War – Emiliano Riego de Dios
II – The Revolutionary Government of Gen. Emilio Aguinaldo:
The revolutionary demands of the Biak-na-Bato Republic of
Gen. Aguinaldo:
1. The expulsion of the friars and the return of the lands to
the Filipinos they appropriated for themselves;
2. Representation in the Spanish Cortes;
3. Freedom of the press and tolerance of all religious sects;
4. Equal treatment and pay for civil servants;
5. Abolition of the power of the government to banish
citizens;
6. Legal equality for all persons.
The Pact of the Biak-na-Bato:
Pedro Paterno served as the mediator between the
Filipinos and the Spaniards to end the hostilities.
The pact is composed of three documents wherein the
Spanish government would pay the rebels the sum of
P800,000 in three installments:
1st- The payment of P400,00 to the group of Gen.
Aguinaldo on the departure of Aguinaldo from the
Philippines;
2nd- P200,000 when the number of arms surrendered
exceeded 700;
3rd – The remaining P200,000 when the general amnesty
was proclaimed by the Governor General.
American Naval Forces Attacked Philippines:
Commodore George Dewey lead the US naval forces to the
Philippines.
III. The Mock Battle in Manila:
IV- The Treaty of Paris (1898)
The peace agreement ending the Spanish American war.
Some of the provisions of the Treaty of Paris:
1. Spain should cede the Philippines, Guam and Puerto
Rico to the United States;
2. The United States should pay Spain the sum of $20M
U.S. Dollar.
3. Spain should withdraw her sovereignty from Cuba;
4. The civil and political status of the inhabitants in the
ceded territories was to be determined by the
United States Congress;
LESSON 6:
V- The Malolos Congress- Page 123
Gen. Emilio Aguinaldo established the Dictatorial
Government, and after a month, he changed it to a
Revolutionary Government. He proclaimed himself as the
President of the Revolutionary President. The first Philippine
Republic was established in Malolos, Bulacan on January 28,
1899.
The Malolos Congress was inaugurated on September 15,
1898 at Barasoain Church. Pedro Paterno was elected as the
president of the Congress. The officers of the Congress were:
I. President of the Congress – Pedro Paterno
II. Vice President – Benito Legarda
III. First Secretary – Gregorio Araneta
 IV. Second Secretary – Pablo Ocampo According to Gen. Elwell Otis of the US Army, the
proclamation of Aguinaldo of the Revolutionary government
is tantamount to war.

V. Delegates were:
1. Permanent Commission of Justice
2. The Different committees:
a. Committee on Felicitations;
b. Committee on Messages
c. Committee on Internal Regulations
d. Committee to Draft the Constitution;

LESSON 7-
I- The Filipino-American War:
A. The incident in San Juan Bridge
Pvt. Willie W. Grayson-
B. The Americans drive to the North and South
Gen. McArthur- North of Luzon
Gen. Lawton- To attack Southern part of Luzon

The Emblem of the First Philippine Republic

VI- The Malolos Constitution

Three Constitutional Draft were submitted for approval:
1. Mabini Constitutional Plan-
2. Paterno Constitutional Plan
3. Calderon Constitutional Plan;
After a thorough examination of the different
Constitutional Plans, the Committee chose the Calderon Plan
as the best subject to amendments and submitted it to the
Malolos Congress for approval.
The Malolos Constitution had a unicameral legislature.

President Aguinaldo formed his Cabinet:

President of the Cabinet and Secretary of Foreign Affairs –
Apolinario Mabini
Secretary of Interior – Teodoro Sandico
Secretary of War - Baldomero Aguinaldo
Secretary of Finance – Mariano Trias
Secretary of Welfare- Graciano Gonzaga
Public Instruction/Public Works and
Communication/Agriculture, Industry and Commerce

American’s Reaction:
 A. The Jones Law:
The Jones Law was the first American formal and official
commitment to grant independence to the Philippines. The
Jones Law, proposed to withdraw the American sovereignty
over the Philippine island and to recognize their
independence as soon as a stable government can be
established.
The Philippine Legislature under the Jones Law:
Manuel L. Quezon was the President of the Senate
Sergio Osmena was elected Speaker of the House of
Representatives.

II- Philippines under the Administration of Francis Burton

Harrison:
1. He paved the way for the rapid Filipinization of the civil
service by reducing the numbers of highly paid officials, most
of whom were Americans;
2. He gave the cabinet full liberty of action and refrained from
interfering in the affairs of three various departments;
3. He created the Council of the States;

III- Philippines Under Gov. Gen. Wood:

1. Gov. General Wood abolished the Council of State and
governed the Philippines without the cooperation of the
Philippine Legislature;

IV – Philippines Under Gov. General Frank Murphy: Page 168;

1. Gov.Gen. Murphy promised to give the Filipinos a simple,
honest and effective government and to secure the peace and
contentment of every Filipino.
2. He helped the Filipinos in their campaign for
independence, for he believed that they had the ability to
maintain a stable democratic republic;
A. The Philippine Legislature created the Commission of
Independence to study all matters relating to the negotiation
and organization of independence of the Philippines. The
Commission was headed by Senate President Quezon;
B. The Philippine Legislature sent another mission
headed by Sergio Osmena and Manuel Roxas;

The Hare-Hawes Cutting Act:

The Hare-Hawes Cutting Bill provided for a 10 year
transition period at the end of which the United States would
grant and recognize the independence of the Philippines. The
bill called for the immediate establishment of a Filipino
Constitutional Convention subject to the approval of the
President of the United States, to formulate a Constitution for
the Commonwealth.
The bill also allowed the free entry of American goods to
the Philippines, but provided for quantitative limitations on
C. The Capture of Aguinaldo.
the free-duty importation of Philippine products.
D. The End of Filipino-American War.
The Tyding-McDuffie Law (1934)
LESSON 8: The important provision of the law:
I – The Philippines Under American Rule:
 1. A 10 year transition period under the
Commonwealth of the Philippines preparatory to the
grant of independence on July 4, 1946;
2. A graduated tariff on the Philippine exports to
America;
3. The annual quota of 50 Filipino migrants to America
4. The representation of the United States President in
the Philippines by an American High Commissioner;
The bill was sponsored by Senator Millard F. Tydings and
Representative John McDuffie was passed into law and signed
by President Franklin Roosevelt on March 24, 1934.
LESSON 9:
The Framing of the 1935 Constitution:
1. The 1935 Phil. Constitution was approved by the delegates
of the convention on February 8, 1935 and signed by the
delegates on February 19, 1935;
2. President Roosevelt approved the Constitution of the
Philippines on March 23, 1935;
3. On November 15, 1935, the Commonwealth was
inaugurated with Manuel Quezon as President and Sergio
Osmena as Vice President;
The Provisions of the 1935 Phil. Constitution:
On Social Justice:
The Constitution provides that the promotion of social
justice to insure the well-being and economic security of all
the people would be the concern of the State. The State shall
protect labor, especially working women and minors, shall
regulate the relations between landowners and tenants, and
between labor and capital in industry and in agriculture. The
Minimum Wage Act provided laborers to be paid minimum
wage of one peso for working eight hours daily.
On Education:
The government must provide at least free public
elementary education, and schools shall aim to develop moral
character, personal discipline, civic conscience and vocational
efficiency. The National Council of Education was created for
the purpose of studying the needs and problems of the
nation.
On Trade, Commerce and Industry:
Under the Payne-Aldrich Tariff Act, all exports, except rice,
were allowed to enter American markets free of duty within
certain quota limits. On the other hand, American exports to
the Philippines were unlimited and duty-free.
Parity Law: It was provided in the 1935 Phil. Constitution that
the Americans has the right to dispose, exploit, develop and
utilize all agricultural, timber, and mineral lands of the
Philippines.
Philippines Under the Japanese Occupation:
⮚ Japanese warplanes attacked Manila on December 9,
1941;
⮚ On December 24, Pres. Quezon and his family and
members of his Cabinet moved to the island of
Corregidor;
⮚ Jose P. Laurel remained in Manila together with
other high-ranking officials in the government to
look after the general welfare of the people during
the critical times;
⮚ Chief Justice Jose Abad Santos was executed by the
Japanese authorities for refusal to take an oath of
allegiance to the Japanese authorities;
⮚ March 29, Quezon and some members of his cabinet
were transported by the American bombers to
Australia and a month later to the U.S. The
Commonwealth government was functioning in
Washington, D.C.
⮚ Before leaving Philippines, Pres. Quezon issued an
executive order naming Manuel A. Roxas who was
then a Col.of Military to become the President of the
Commonwealth in the event, Quezon and the then
Vice President Osmena died.
⮚ Pres. Manuel L. Quezon died of tuberculosis on
August 1, 1944 in New York. He was succeeded by
Osmena;
⮚ Gen. Douglas MacArthur arrived in the Philippines on
October 20, 1944;
⮚ On August 6, 1945, US Airforce bombed Hiroshima
and on August 9, US Airforce bombed Nagasaki;
⮚ Japanese force surrendered on September 2, 1945.
⮚ United States thru Gen. Douglas MacArthur,
proclaimed the liberation of the Philippines from the
Japanese Imperial forces on July 4, 1945.
Philippine Government:
The Congress of the Philippines met for the first time after the
war and Senator Manuel A. Roxas was chosen as President of
the Senate, while Elpidio Quirino was chosen as President
Pro-Tempore.
On April 23, 1946, presidential election was held. Manuel
A. Roxas was elected as the President and Elpidio Quirino was
elected as the Vice-President.
On July 4, 1946, the Republic of the Philippines was
inaugurated at Luneta. The Philippine Independence was
declared by the then US President Harry S. Truman.
DIOSDADO MACAPAGAL (1961-1965):
The achievements of Macapagal Administration:
1. The land reform program, which aims to abolish the
century-old share tenancy in our country;
2. The changing of our independence from 4th of July to June
12th;
LESSON 10
Definition of terms:
Presidential government is a form of government in which
the executive is constitutionally independent of the
legislature as regards his tenure of office and to a large extent
as regards his policies and acts. Example: Government of the
Philippines, government of U.S. and Mexico.
Parliamentary government or cabinet government is one in
which the real executive-the Cabinet or ministry-is
immediately and legally responsible to the legislature or one
branch of it for its legislative and administrative acts, and
mediately or politically responsible to the electorate while the
titular or nominal executive-the chief of state-occupies a
position of irresponsibility. Example: Government of England,
Japan, Canada.
Unitary or centralized government- is one in which the
powers of government are vested in one supreme organ from
which all local governing authorities derive their existence
and powers. The essence of this form of government is the
fact that a single organization has been created by the
sovereign power-generally the people-through their
Constitution, to which is left the task of providing for the
territorial distribution of governmental powers with which it
has been invested. Examples: Philippine government,
England, Japan.
Federal Government - is a form of government in which
governmental power are, by the common sovereign,
distributed between a national government and the local
governments, each being supreme within the sphere thereof.
Example: U.S. Government, Mexico, Australia.
Republican Government - is a form of government where
the people-the source of sovereignty-governs themselves
through representatives chosen by themselves.
A republic is a representative democracy; in other words, a
state where the people govern themselves through
representatives. Example: Philippine government, US
Government.
Constitutional government- is one which governs in
accordance with certain basic rules, the totality of which is
generally called a constitution. Example: U.S. Government,
Philippine government.
Totalitarian government is a highly centralized government
under the control of a political group which allows no
recognition or representation to other political parties, as in
Fascist Italy, Germany under the Nazi regime before the
Second World War.
De Jure government- is one which is based upon the laws
of the State, and/or has the general support of the people;
De facto government- is one which is not based upon the
existing constitutional laws of the state.
3 kinds of de facto governments:
First, is the government that gets possession and control, of
or usurps, by force or by the voice of the majority, and lawful
government and maintains itself against the will of the latter;
Second, is that government established and maintained by
the military occupation in the course of the War.
Third, is that established as an independent government by
the inhabitants of the country who rise in insurrection against
the parent state.
Authoritarian government is a government by one or only
a few where the majority of the citizens do not have any
direct or institutionalized role in policy-making.
Philippines under Pres. Ferdinand Marcos.
On September 21, 1972, Pres. Marcos placed the entire
Philippines under martial law by virtue of Proclamation No.
1081.
The following allegations why Pres. Marcos declared martial
law in the Philippines:
1. The bombing of the Plaza Miranda;
2. The NPA were receiving military support from the
foreign source;
3. The ambush of the official car of the then Secretary
of National Defense Juan Ponce Enrile;
What is Martial Law?
Martial law in its comprehensive sense, includes all laws
that have reference to and administered by the military forces
of the State. They include the military laws enacted by the law
making body for the government of the armed forces and the
rules governing the conduct of military forces in times of war
and in place under military occupation.
The object of martial law is the preservation of public
safety and order.
Suspension of the Privilege of the Writ of Habeas Corpus:
Pres. Marcos issued Proclamation No. 880 suspending the
privilege of the writ of habeas corpus in order to maintain
peace and order, secure the safety of the people and preserve
the authority of the State. Sec. 14 of Art. III of the 1935
Constitution (Sec. 15 Art. IV of the 1973)
“ The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion, insurrection, rebellion,
or imminent danger thereof, when the public safety requires
it”;
Government under Martial Law:
On December 1, 1972, Pres. Marcos issued Presidential
Decree No. 73 submitting to the Filipino people for
ratification the proposed New Constitution and settling the
plebiscite on January 15, 1973.
 The then Atty. Charito Planas challenged the
constitutionality of the said P.D. No. 73. Atty. Planas cited the
provision of the 1935 Constitution which provide that the
calling of such plebiscite, the setting of guidelines for the
conduct of the election, prescription of ballots to be used, the
question to be answered by the voters, and the appropriation
of public funds for the purpose were matters within the
exclusive jurisdiction of the Congress.
Sec. 1 Art. XV of the 1935 Constitution:
“The Congress in joint session assembled, by a vote of ¾ 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 the 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.”
The COMELEC immediately took steps to submit to a
plebiscite for ratification of the New Constitution through the
citizen assemblies.
Par. 7 of the Amendment Provision of the 1973 Constitution:
The barangays and sangguniang shall continue as presently
constituted, but their functions, powers, and composition
may be altered by law.
Referenda conducted through the barangays and under the
supervision of the COMELEC may be called at any time the
government deems it necessary to ascertain the will of the
people regarding any important matter, whether of national
or local interest.”
The Supreme Court failed to resolve the Planas case and
other similar cases, but pending judicial resolution, the
process of ratification by the barangays continues.
On January 17, 1973, President Marcos announced the
proclamation of the ratification of the 1973 Constitution. He
signed in the presence of the Katipunan ng mga Barangay a
proclamation to the effect that the New Constitution had
been ratified by the Filipino people.
The Salient Feature of the 1973 Constitution: Page 245.
Art. VII: The President:
Section 1: The President shall be head of state and chief
executive of the Republic of the Philippines;
Section 1 of Art IX: The Prime Minister, the Cabinet and the
Executive Committee:
There shall be a Cabinet, which shall be composed of
Ministers with or without portfolio appointed by the
President x x x.
Section 2: The Prime Minister and the Cabinet shall be
responsible to the Batasang Pambansa for the program of
government approved by the President.
Sec. 3: There shall be an Executive Committee to be
designated by the President, composed of the Prime Minister
as Chairman x x x . The Executive Committee shall assist the
President in the exercise of his powers and functions and in
the performance of his duties as he may prescribed.
Paragraph 5 of the Amendments:
The incumbent President shall continue to exercise
legislative powers until martial law shall be lifted.
Paragraph 6. Whenever in the judgment of the President
(Prime Minister) there exists a grave emergency or a threat or
imminence thereof, or whenever the interim Batasang
Pambansa or the regular National Assembly fails or is unable
to act adequately or any matter for any reason that in his
judgment requires immediate action, he may, in order to
meet the exigency, issue the necessary decrees, orders, or
letters of instructions, which shall form part of the law of
the land.
Par. 2 Sec. 13 of Art. VIII: The Prime Minister may advise the
President in writing to dissolve the Batasang Pambansa
whenever the need arises for a popular votes of confidence
on fundamental issues, but not on a matter involving his own
personal integrity x x x.
Comments:
⮚ The government under martial law was called an
authoritarian constitutional government. The
President exercised extraordinary powers.
According to former Pres. Marcos, there were several reasons
to change the 1935 Constitution: The 1935 Constitution was
made by a colonial power, then, the mother country, United
States. The Filipino people would have a chance to decide for
themselves whether the 1935 Constitution was still adequate
and satisfactory for their purposes.
Some of the issues that were raised during the administration
of former Pres. Marcos:
⮚ Should the government be parliamentary or
presidential?
⮚ Should the voting age be reduced from 21 to 18
years of age?
LESSON 11-12:
Philippines under the Administration of Pres.
Corazon Aquino:
● Pres. Cory Aquino was installed to power under the
People’s Power (Edsa Revolution);
● She established the Revolutionary Government upon
her assumption into office on February 25, 1986;
Reorganization of the Government Under the Freedom
Constitution:
1. She changed the members of the Supreme Court
created by Marcos. She named for Associate Justice
Claudio Teehankee as the Chief Justice of the
Supreme Court;
2. She abolished the Batasang Pambansa. She
authorized the removal of all the local, elective
 officials under the KBL party and replaced them with
her OIC’s;
3. She lifted the suspension of the privilege of the writ
of habeas corpus in two regions of Mindanao. She
freed the political prisoners under the Marcos
regime: among them Jose Ma. Sison, Bernabe
Buscayno-founder of NPA AND Victor Corpus, a
former PC lieutenant who defected to the NPA;
⮚ On April 1986, Pres. Aquino issued Proclamation No.
9 creating a Constitutional Commission to draft a
new constitution. The draft of the 1987 Constitution
was submitted to the people on February 2, 1987
plebiscite for ratification. On Feb.11, 1987 she issued
Proclamation No. 58 declaring that the New
Constitution has been approved by the Filipino
people.
The Nature of the Constitution:
A CONSTITUTION according to Cooley, is that body of rules
and maxims in accordance with which the powers of
sovereignty are habitually exercised.
The 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
fixed principles on which government is founded.
The Supremacy of the Constitution:
The Constitution is the basic and paramount law to which
all other laws and must conform and to which all persons
including the highest officials of the land, must defer.
Comparison of the 1973 Constitution with the 1987
Philippine Constitution:
President:
A. Re-election:
Under the 1973 Constitution, there is no prohibition
restricting the President for re-election.
Under the 1987 Phil. Constitution: Sec. 4 Art. VII: The
President and the Vice-President shall be elected by direct
vote of the people for a term of six years which shall begin at
noon on the 13th day of June next following the day of the
election and shall end at noon of the same date six years
thereafter. “ The president shall not be eligible for any
re-election”.
B. Rule on Succession:
Sec. 4 Art. VII of the 1973 Constitution: If at the time fixed for
the beginning of his term, the President-elect shall have died
or shall have failed to qualify or if the President shall not have
been chosen, the Executive Committee, headed by the Prime
Minister as hereinafter provided, shall exercise the powers
and discharge the duties of the President until a President
shall have been elected and qualified.
Sec. 8 of Art. VII of the 1987 Philippine Constitution:
In case of death, permanent disability, removal from office,
or resignation of the President, the Vice-President shall
become the President to serve the unexpired term.
C. The Powers of the President:
Sec. 9 Art. VII of the 1973 Constitution:
The President shall be the commander-in-chief of all armed
forces of the Philippines and whenever it becomes necessary,
he may call out such armed forces to prevent or suppress
lawless violence, invasion, insurrection or rebellion. In case of
invasion, insurrection or rebellion, or imminent danger
thereof, when the public safety requires it, he may suspend
the privilege of the writ of habeas corpus, or place the
Philippines or any part thereof under martial law.
Sec. 18 Art. VII of the 1987 Philippine Constitution:
The President shall be the Commander-in-Chief of the
armed forces of the Philippines and whenever it becomes
necessary, he may call out such armed forces to prevent or
suppress lawless violence, invasion or rebellion. In case of
invasion or rebellion, when the public safety requires it, he
may, for a period not exceeding 60 days, suspend the privilege
of the writ of habeas corpus or place the Philippines or any
part thereof under martial law. Within 48 hours from the
proclamation of martial law or the suspension of the privilege
of the writ of habeas corpus, the President shall submit a
report in person or in writing to the Congress. The Congress,
voting jointly by a vote of at least majority of all its Members
in regular or special session may revoke such proclamation or
suspension, which revocation shall not be set aside by the
President. Upon the initiative of the President, the Congress
may, in the same manner, extend such proclamation or
suspension for a period to be determined by the Congress, if
the invasion or rebellion shall persist and public safety
requires it.
The Congress, if not in session, shall within 24 hours
following such proclamation or suspension, convene in
accordance with its rules without need of a call.
The Supreme Court may 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 extension thereof, and must
promulgate its decision thereon within 30 days from its filing.
A state of martial law does not suspend the operation of
the Constitution, nor supplant the functioning of the civil
courts or legislative assemblies, nor authorize the conferment
of jurisdiction on military courts and agencies over civilians
where civil courts are able to function nor automatically
suspend the privilege of the writ.
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 invasion.
During the suspension of the privilege of the writ, any
person thus arrested or detained shall be judicially charged
within 3 days otherwise he shall be released.
LESSON 13-14
The Three Departments/Branches of the Government:
1. Legislative Department – Art. VI
2. Executive Department – Art. VII
3. Judicial Department – Art. VIII
Legislative Department:
A. Composition:
B. Function:
C. How is a bill becomes a law?
LESSON X & LESSON XI- EXECUTIVE DEPARTMENT:
LESSON XI- & LESSON XII- JUDICIAL DEPARTMENT
LESSON XIII & LESSON XIV- 3 Inherent Powers of the State
XV- XVIII- What are the Constitutional Rights of the Accused
Person?
POLITICAL SCIENCE REVIEW MATERIAL
LEGISLATIVE DEPARTMENT – ART.
VI
What is the function of the legislative
department?
The power to propose, enact, amend and
repeal laws.
A. Qualifications:
1. Senator - (age- 35) Sec. 3
2. HOR - (age-25 )Sec. 6
B. Rules in case of Election Contest –
Sec. 17- The Senate and the House of
Representatives shall each have an Electoral
Tribunal which shall be the sole judge of all
contests relating to the election, returns, and
qualifications of their respective members.
Each Electoral Tribunal shall be composed of 9
members, 3 of whom shall be Justices of the
Supreme Court to be designated by the Chief
Justice, and the remaining 6 shall be members
of the Senate or the House of Representatives,
as the case may be, who shall be chosen on
the basis of proportional representation from
the political parties.
C. Term of Office:
1. Senators - ( 6 years) Sec. 4
2. HOR - ( 3 years) Sec. 7
D. Rule in case Vacancy occur in the
Senate and the HOR – Sec. 9
E. Composition and Functions of the
following:
1. Senate Electoral Tribunal & the
House Electoral Tribunal – ( 9 ) Sec. 17
Question: Can the Electoral Tribunal
determine issues on terrorism and Fraud in an
election?
Answer: Yes. The E.T. can annul the
election results in precinct to remain faithful to
its computational mandate.
2. Commission on Appointment – 24
+ 1 Chairman (Sec. 18)
F. Privilege and Immunities of the
Members of the Legislative Department:
1. From arrest – Sec. 11
2. From questioning – Sec. 11
A Senator or Member of the House of
Representatives shall, in all offenses
punishable by not more than 6 years
imprisonment, be privileged from arrest while
the Congress is in session. No Member shall
be questioned nor be held liable in any other
place for any speech or debate in the
Congress or in any committee thereof.
G. Powers of the legislative department:
1. Power to discipline its members for
disorderly behavior – 2/3 to expel or suspend
its member Par. 3 (Sec. 16)
2. To conduct inquiries in aid of legislation
– Sec. 21
3. To call the executive departments heads
for questioning (Question Hour) –
Sec. 22
4. The power to declare the existence of a
state of war – Par. 1 Sec. 23
5. The power to define, prescribe and
apportion the jurisdiction of the various courts
– Sec.2 Art. VIII
6. The power to prescribe the qualification
of judges of lower courts – Par. 2 Sec. 7
Art. VIII
7. Delegation of powers:
 a. Emergency power to the President –
Par. 2 Sec. 23
b. Tariff power to the President – Par. 2
Sec. 28 TIE TWO
c. Delegation to the People- Sec. 32
Art. VI and Sec. 3 Art. XVII
d. Delegation to the Local Government-
Sec. 3, Sec. 11, Sec. 18 Art. X
2 Test of delegation of powers:
Completeness Test & Sufficient Standard Test
8. The power of HOR to initiate cases
of impeachment – Par. 1 Sec. 3 Art. XI
9. Senate act as the sole judge in
impeachment cases – Par. 6 Sec. 3 Art. XI
10. The power to grant franchise, license
and certificate – Sec. 11 Art. XII
11. Power of concurrence:
1. Law granting tax exemption – par.
4 Sec. 28 Art. VI;
2. Increasing the appellate
jurisdiction of the Supreme Court – Sec. 30
3. The power of the Pres.to declare
martial law or suspend the privilege of the writ
– Sec. 18 Art. VII
4. The power of the Pres. To enter
into treaty or international agreement –
(Sec. 21 Art. VII)
5. The power of the Pres.to grant
amnesty Sec. 19 Art. VII
HOW IS A BILL BECOMES A LAW?
1st- Bill. One subject.
2nd- Must passed three readings;
3rd- Submitted to the President for his
signature.
A. The President may sign it;
B. The President may veto the bill;
1. The President shall communicate
his veto within 30 days after the date
of receipt thereof.
2. The Congress may override the
veto power of the President by a vote of
at least 2/3 of all the members of
that House;
When Journal is in conflict with another official
act of Congress:
Enrolled Bill: It is the duly authenticated copy of
a bill or resolution bearing the signature of the
Speaker and the Senate President and the
certification of the Secretaries of both Houses
that such bill was passed.
It is the certification of the officers of both
Houses that gives probative weight to an
enrolled bill.
Doctrine of Inappropriate Provisions: Related
to the veto power of the President.
A provision that a constitutionally
inappropriate for an appropriation bill may be
singled out for veto even if it is not an
appropriation or revenue item.
i – Disqualifications:
1. From holding forbidden office – Sec. 13
Art. VI
2. Personally appear as counsel and
financially interested in any contract –
Sec. 14
Different provisions that restrict the power of
the Congress to enact laws:
1. Disqualified to hold any other office of
employment in the Government (Sec. 13)
Note: the incompatible office and the
forbidden office
2. a. Disqualified to appear as counsel (Sec.
14);
b. He shall not be financially interested in
any contract;
c. Not to intervene in any matter before any
office of the government;
3. Not to increase appropriation recommended
by the President (Sec. 25);
4. Not to grant tax exemption ( par. 4 Sec. 28)
5. No money shall be paid out of the Treasury (
Sec. 29);
6. Prohibition of increasing the appellate
jurisdiction of the Supreme Court (Sec. 30);
7. No law granting title of royalty or nobility
(Sec. 31).

APPROPRIATION:
Two Kinds of Lump Sum:
1st- The Congressional pork Barrel which is
herein defined as a kind of lump-sum
discretionary fund wherein legislators either
individually or collectively organized into
committees, are able to effectively control
certain aspects of the fund’s utilization through
various post-enactment measures and or
practices;
2nd- Presidential Pork Barrel which is herein
defined as a kind of lumpsum discretionary
fund which allows the President to determine
the manner of the utilization. It is the Court
shall delimit the use of such terms to refer only
the Malampaya Funds and the Presidential
Social Fund.
Limitations on the power of the legislature
to pass a law:
1. The separation of the Church and State shall
be inviolable (Sec. 6 Art. II);
Bill of Rights (Art. III)
2. No law shall be passed abridging the
freedom of speech, of expression, or of the
press, or the right of the people peaceably to
assemble and petition the government for
redress of grievances (Sec. 4);
3. No law shall be made respecting
establishment of religion, or prohibiting the free
exercise thereof. The free exercise and
enjoyment of religious profession and worship,
without discrimination or preference, shall
forever be allowed. No religious test shall be
required for the exercise of civil or political
rights (Sec. 5);
4. No law impairing the obligation of contracts
shall be passed (Sec. 10);
The Legislative Department (Art. VI):
5. No law granting any tax exemption shall be
passed without the concurrence of a majority of
all the members of the Congress (par. 4 Sec.
28);
6. No law shall be passed increasing the
appellate jurisdiction of the Supreme Court as
provided in the Constitution without its advice
and concurrence (Sec. 30);
7. No law granting a title of royalty or nobility
shall be enacted (Sec. 31);
EXECUTIVE
DEPARTMENT ( Art. VII)
Powers of the President:
1. Appointing power – Sec. 16
Note: The classification of
appointment:
1st – Permanent appointment extended
to persons possessing the requisite
eligibility and are thus enjoy the security
of tenure;
2nd- Temporary appointment are given to
persons without such eligibility, his
position is revocable at will and without
necessity of just cause or a valid
investigation. The temporary appointee
may be replaced at any time once a
permanent choice is made.
Status of appointment:
Regular – an appointment made while
the Congress is in session, but takes
effect only once confirmed by the C.A.;
Ad Interim – Appointment made while
the Congress is not in session and takes
effect immediately, but ceases to be
valid if disapproved by the CA or upon
the next adjournment by the C.A.
Ad interim appointment is a
permanent appointment, because he
enjoys the security of tenure. The ad
interim appointment can be terminated
only for two causes specified in the
Constitution: 1- If his appointment is
disapproved by the C.A.; 2- The
Congress adjourned without the CA
acting on the appointment (the ad
interim appointment is by passed).
Absent of such decision, the President
is free to renew the ad interim
appointment.
Officers subject to the appointment of
the President ( Sec. 16);
The President shall nominate and with
the consent of the Commission on
Appointments, appoint the heads of the
executive departments, ambassadors,
other public ministers, and consuls or
officers of the armed forces from the
rank of colonel or naval captain and
other officers whose appointments are
vested in him by the 1987 Phil.
Constitution.
Other officers whose appointment is
vested to the President:
a. Other officers whose appointment are
not otherwise provided for by law;
b. Those officers he may be authorized
by law to appoint.
Note: Confirmation of the CA is no
longer necessary.
e.g. 1. The members of the Supreme
Court and judges of lower courts (Sec.9
Art. VIII)
Question: What are the constitutional
limitations to the appointing power of the
President?
1. Appointment of his relatives to the
CO-SUCH (par. 2 Sec. 13 of Art. VII);
2. 2 months before the next
presidential election (Sec. 15);
General Rule: The power to appoint
includes the power to remove.
Exceptions:
1. Public officials that can be
removed only thru impeachment
(PV-SCO;(Sec.2 Art. XI)
The President, the Vice President,
the Members of the Supreme
Court, the Members of the
Constitutional Commission and
the Ombudsman may be removed
from office, on impeachment for
and conviction of culpable
violation of the Constitution,
treason, bribery, graft and
corruption, other high crimes, or
betrayal of public trust.
2. Members of the career service of
the Civil Service can be removed only
for cause and in accordance with the
procedure prescribed by law;
2. The Power of Control – Sec. 17
What constitute power to control?
What is the residual power?
Note:
1. The power to control includes the
power of the President to reorganize
the offices and agencies in the
executive department, provided that the
President must exercise in good faith for
the purpose of economy or to make
bureaucracy more efficient. The power
to reorganize includes the power to
abolish, consolidate or merge units or
transfer functions from one unit to
another.
2. The exercise of power of the
President is a political question.
Question: What is the “alter ego
principle” also known as the doctrine of
qualified political agency? (see page
364 of Nachura);
3. The President exercises only the
power of general supervision over the
local governments (Sec. 4 Art. X). It
means that the President cannot
interfere in local affairs of the LGU as
long as the concerned local government
units acts within the parameters of the
 law and the Constitution. Otherwise, the
President will violate the principle of
local autonomy, as well as the doctrine
of separation of powers of the executive
and the legislative departments in the
LGU.
3. The Military Power – Sec. 18
a. As Commander-in-Chief of the AFP
b. Suspend the privilege of the writ of
habeas corpus
c. To declare Martial Law
The President shall be the Commander in
Chief of all armed forces of the Philippines and
whenever it becomes necessary, he may call
out such armed forces to prevent or suppress
lawless violence, invasion or rebellion. In case
of invasion or rebellion, when the public safety
requires it, he may, for a period not exceeding
sixty days suspend the privilege of the writ of
habeas corpus or place the Philippines or any
part thereof under martial law. Within 48 hours
from the proclamation of martial law or the
suspension of the privilege of the writ of
habeas corpus, the President shall submit a
report in person or in writing to the Congress.
1. Not exceeding 60 days;
2. Within 48 hours, the President
must submit a report to the
Congress;
The Congress will convene to
decide by a vote of majority of all its
members:
a. They revoke the
proclamation of the martial law;
b. They may extend the
proclamation of martial law.
Note:
(1.) What is the difference between the
Military Power of the President with his
Emergency Power under par. 2 Sec. 23
of Art. VI?
National Emergency:
1. Economic 2. Natural disaster 3.
National Security
(2) What are the limitations on the
power of the President to suspend the
privilege of the writ or to declare martial
law?
(3) The power of the Supreme Court to
review the sufficiency of the factual
basis of the proclamation of martial law
or the suspension of the privilege of writ.
4. To grant reprieves, commutations and
pardons and the power to grant amnesty
–
Sec. 19 Exception : in impeachment.
5. To contract and guarantee foreign loans
– Sec. 20 Requirements: Concurrence
by the Monetary Board;
6. Power to enter into a treaty or
international agreement – Sec. 21 (2/3
votes of all the members of the Senate).
7. To address the Congress at the opening
of its regular session – Sec. 23
8. The power of the Pres. To enter into
agreement with foreign-owned
corporations involving either technical or
financial assistance for large scale
exploration of minerals- par.4 Sec. 2 Art.
XII;
JUDICIAL DEPARTMENT: ART. VIII
Question: Cite the Constitutional provision that
guarantees the independence of the Judiciary?
Appointment of the members of the Supreme
Court and judges of lower courts by the
President (Sec. 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 appointment
need no confirmation.
Composition of the Judicial and Bar Council
(Sec. 8)
Judicial function: (Sec. 5)
a) Exercise original jurisdiction;
b) Appellate jurisdiction;
Administrative function;
Rule-making power
The power to appoint all officials and
employees of the Judiciary;
The power to discipline the judges of lower
courts (Sec. 11)
To maintain the independence of the Judiciary,
the following safeguards have been embodied
in the Constitution:
1. The SC is a constitutional body. It
cannot be abolished nor may its
membership
or the manner of its meetings be
changed by mere legislation; (Par. 2
Sec.2)
2. The member of SC cannot be removed
from office except by impeachment
( Sec. 2 Art. XI)
3. Judiciary enjoy the Security of tenure
(par. 2 sec. 2)
4. The Judiciary cannot be deprived of its
jurisdiction over cases enumerated in Sec.
5 of Art. VIII
5. The power to appoint all officials and
employees of the Judiciary in accordance with
the Civil Service Law;
6. The Judiciary enjoy fiscal autonomy.
Sec. 3
7. The SC shall have administrative
supervision over all courts and the personnel
thereof; par. 6 Sec.5
8. The power to discipline judges of lower
courts or order their dismissal (Sec. 11);
The Necessity of Deciding Constitutional
Question:
The reason why the courts will as much as
possible avoid the decision of a constitutional
question can be traced to the doctrine of
separation of powers. In line with this policy,
courts indulge the presumption of
constitutionality and go by maxim that “to doubt
is to sustain.
Requisites of Judicial Inquiry:
By virtue of a judge-made policy, no
constitutional question will be heard and
decided by them, unless there is compliance
with what are known as the requisites of a
judicial inquiry.
1. There must be an actual case or
controversy;
2. The question of constitutionality must be
raised by the property party;
3. It must be raised at the earlies possible
opportunity; and
The rationale of this rule is that if it is not
raised in the pleading it cannot be considered
at the trial, and if not considered at the trial, it
cannot be considered on appeal.
This general rule, is subject however to the
following exceptions:
1) In criminal case, the constitutional
question can be raised at any time in the
discretion of the court;
2) In civil cases, the constitutional question
can be raised at any stage if it is
necessary to the determination of the
case itself;
3) In every case, except where there is
estoppel, the constitutional question
may be raised at any stage if it involves
the jurisdiction of the court.
4. The decision of the constitutional
question must be necessary to the
determination
of the case itself.
(Ref: Isagani Cruz Constitutional Law)
Effects of the Declaration of the
Unconstitutionality:
A. Orthodox view;
B. Modern view or less stringent;
Hence: a request for advisory opinion cannot
come under the category of an actual case or
controversy since the issue raised does not
involve any conflict in law that has assumed
the proportion of the full-blown disputes.
Counseling by courts is contrary to the
doctrine of separation of powers, since their
advice will not have the force of law, but of a
mere suggestion or recommendation that may
be accepted or rejected at will by the
department requesting it.
CONSTITUTIONAL COMMISSION: Art.
IX
Evidence of the Independence Principle:
1. Their salary may not decrease during their
tenure- (Sec. 3)
2. The power to appoint their own officials and
employees (Sec. 4)
3. They enjoy fiscal autonomy (Sec. 5)
4. They cannot be removed from office except
thru impeachment (Sec. 2 Art. XI)
5. They enjoy the security of tenure (par. 3
Sec. 2 Art. XI)
CONSTITUTIONAL LAW:
Essential Substantive Parts of the Written
Constitution:
1. Liberty – Setting forth the fundamental
civil and political rights of the citizens,
and imposing limitations on the power of
the government:
Bill of Rights
Declaration of Principles and State
Policies
Citizenship
Duties and Obligations of the Citizens
National Economy and Patrimony
2. Constitution of government – outlining
the organization of the government,
enumerating its powers, laying down
certain rules relative to its
administration, and defining the
electorate
Art. VI to Art. XI
Amendment to Revision of the
Constitution
3. Constitution of Sovereignty – Pointing
out the mode or procedure in
accordance with which formal changes
in the fundamental law.
Art. XVII – The Transitory Provision
INTERPRETATION OF THE CONSTITUTION:
Note: Constitution serves as a guideline of the
legislatures in formulating laws, but there are
some provisions which are considered as
self-executing.
In case of doubt, the Constitution should be
considered self-executing rather than non-self
executing, mandatory rather than directory;
and prospective rather than retrospective.
Self-Executing is a rule that by itself is directly
or immediately applicable without need of
statutory implementation. Example, Bill of
Rights, may be invoked by private persons
independently of or even against legislative
enactment.
Example: Sec.2 Art. II; The power of control
by the President
The non-self executing provision is one that
remains dormant unless it is activated by
legislative implementation.
Examples: Sec. 4 Art. II; Sec. 3 Art. IV,
As a rule, whenever the language used in
the Constitution is prohibitory, it is to be
understood as intended to be a positive and
unequivocal negation; and whenever the
language contains a grant of power, it is
intended as mandate, not a mere direction.
AMENDMENT or REVISION: ( ART. XVII)
Terminologies: Amendment means isolated or
piecemeal change only.
Revision is a revamp or
re-writing of the whole instrument.
Rules for the amendment or revision of the
Constitution:
1. Proposal for the amendment or revision
may either be :
a. Directly by the Congress upon a
vote of ¾ of all its members; or
b. By the Constitutional convention.
When what is to be intended is a mere
amendment or change of particular
provision only, the proposal is better made by
direct legislative action. This method will
avoid the unnecessary expenditure of public
funds and time that the calling of a
constitutional convention will entail.
But if the envisioned is the overhaul of the
entire Constitution, it will be advisable to
entrust the task to a constitutional
convention, which will have more time,
opportunity and presumably also the needed
expertise to discharge it.
The following steps TO CALL THE
CONSTITUTIONAL CONVENTION:
a. By the 2/3 votes of all the members of
the Congress. If they cannot make up
their minds,
b. Submit the issue to the people
themselves PROVIDED that question
whether or not to call the constitutional
convention must be decided first by the
majority vote of all its members.
Why? The congress acting as a
legislative body, may pass the necessary
implementing law, providing for the
details of the constitutional convention
such as the number, qualifications, and
compensation of its members.
NOTE THAT: The proposed amendment
by the Congress or by the constitutional
convention, to be valid must be
SUBMITTED TO THE PEOPLE for
ratification by majority of the vote cast in
a plebiscite called for that purpose which
shall be held NOT EARLIER than 60
days nor later than 90 days after
approval of such amendment or revision.
Rationale of the time framed: They are
intended to answer present needs or
correct current problems. If they are
accepted only after a long delay, they
may no longer serve the purposes for
which they were made. The proposal
should be voted upon at a time when
interest in them is still rife and the
electorate is still knowledgeable on the
pros and cons of the issues submitted to
them.
Under Sec. 32 of Art. VI, the Congress
shall provide for a system of initiative or
referendum. Exception: People can
propose and enact laws or approve or
reject any act or law passed by the
Congress or by the local legislative body
subject however to the rule that the
registration of a petition must be signed
by at least 10% of the total number of
the registered voters and every
legislative district must be represented by
at least 3% of the registered voters.
Note: The rule is different if the issue
involved is the amendment or ratification
of the Constitution under Sec. 2 of Art.
XVII.
Question: What is the status of the
Constitutional Convention?
1st In Loomis V. Jackson, It is supreme over
the other departments of the government
because the powers it exercises are in the
nature of sovereign powers. This theory is
called “Theory of Conventional Sovereignty”.
2nd In Wood’s Appeal, constitutional
convention is inferior to the other departments
of the government since it is merely a creation
of the legislature.
3rd in Frantz V. Autry, it declares that as long
as it exists and confines itself within the sphere
of its jurisdiction, the constitutional convention
must be considered independent of and
co-equal with the other departments of the
government.
The most widely accepted theory is the third.
c. Ratification proposed by the People
themselves.
Note: In the case of statute, it sufficed
that it is enacted by their chosen
representative pursuant to their mandate,
but where it is a Constitution that is being
framed or amended, it is imperative and
proper that approval come directly from
the people themselves.
Procedure:
1. People’s initiative- by petition of at least
12% of the total number of the
registered voters; and
2. Every legislative district must be
represented by at least 3% of the
registered votes.
Limitations:
1. No more amendment shall be
authorized within 5 years following the
ratification of the Constitution, or
2. Oftener than once every 5 years
thereafter.
NOTE: The question for the validity of the
adoption of the amendments to the
Constitution is regarded as subject to judicial
inquiry.
Notes for Review:
Doctrine of State Immunity: (Sec. 3 Art. XVII)
See page 47 of Nachura:
1st- Determine if the agency is incorporated or
unincorporated;
a. Incorporated: It possesses a juridical
personality independent of the State. The
issuance of its charter constitutes express
consent on the part of the State to be sued. Ex.
Municipal Corp.
b. Unincorporated: It has no juridical
personality independent of the Government. To
determine its suability, identify the principal
function of the agency.
1. Governmental function: The agency
act as the instrumentality of the government
exercising primarily governmental function,
hence it cannot be sued without its consent.
2. Proprietary function: The agency is
engaged into a private function either for
business or profit, then it descends to the level
of a private individual hence, vulnerable to suit.
2nd – Suit against Public Officer: The doctrine of
State immunity also applies to complaints filed
against officials of the State for acts performed
by them in the discharge of their duties within
the scope of their authority. However, if the
public official acts outside the scope of his
authority, his act is not the act of State, hence
he is personally accountable.
Note: 1. The doctrine cannot be used to
perpetrate an injustice. Example: Taking of
private property in the exercise of the power of
eminent domain without payment of just
compensation.
Form of consent:
1. Express consent- Given only by an act of the
legislative body thru a law.
a. General law – A law granting consent
which requires that all money claims against
the government must first be filed with the COA
before suit is instituted in court.
b. Special law- A form of consent which
embodied in a statute.
2. Implied consent:
a. When the State commences litigation,
then it becomes vulnerable to a counterclaim.
b. When the State enters into a business
contract.
Note: > When the State enters into a
contract in pursuit of a sovereign activity, there
is no waiver of immunity, and no implied
consent may be derived therefrom, because
the State is exercising it governmental function
(Jus Imperii). (See page 55 for further
explanation).
⮚ If the government however enters
into a proprietary function (Jus
Gestionis) then it cannot claim
immunity from suit, because the
government abandons its
sovereign capacity and is to be
treated like any other corporation.
⮚ Consent to be sued does not
include consent to the execution
of judgment against it. Such
execution require another waiver,
because the government funds
and properties may not be seized
under writ of execution or
garnishment, unless such
disbursement is covered by the
corresponding appropriation as
required by law. A law must be
passed to grant appropriation
fund to satisfy judgment.
Before execution may proceed
against it, a claim for payment of
the judgment award must first be
filed with the COA. The settlement
of the monetary claim is still
subject to the primary jurisdiction
of COA.
What is Judicial Inquiry?
As a rule, the court will not entertain political
questions. Furthermore, by virtue of a
judge-made policy, no constitutional question
will be heard and decided by them, unless
there is compliance with what are known as the
requisites of a judicial inquiry: ( See Cruz
Textbook)
1) There must be an actual case or
controversy;
2) The question of constitutionality
must be raised by the proper
party;
3) It must be raised at the earliest
possible opportunity;
4) The decision of the constitutional
question must be necessary to
the determination of the case
itself.
Effects of declaration of
unconstitutionality- The S.C.
applied the orthodox view.
3 INHERENT POWERS OF THE
STATE:
1. Police Power – “Salus populi est suprema
lex”
● The police power may not be bargained
away through the medium of a contract
or even a treaty.
● The exercise of the police power lies in
the discretion of the legislative
department. If the legislature does
decide to act, the choice of measures or
remedies lies within its exclusive
discretion. Once determined, the
remedy chosen cannot be attacked on
the ground that it is snot the best of the
suggested solutions or that it is unwise
or impractical or inefficacious. These are
political questions.
Item of Notes:
a) The PP is lodged primarily in the
national legislature. By virtue of a valid
delegation of legislative power, it may
also be exercised by the President, the
administrative boards as well as the
lawmaking bodies on all municipal
levels.
b) The municipal government can exercise
this power under the General Welfare
Clause, pursuant to which they are
authorized to enact such ordinances.
c) No mandamus is available to coerce the
exercise of the PP. The legislature does
decide to act, the choice of measures or
remedies, provided only they conform to
the requisites provided therein.
1. Lawful subject-matter- “Salus
populi est suprema lex.”
2. Lawful means. “the end does
not justify the means.
d) Once determined, the remedy chosen
cannot be attacked on the ground that it is not
the
best of the suggested solutions, or that it
is unwise, impractical or inefficacious. These
are
also a political question and therefore
off-limits to the judiciary.
2. Eminent Domain:
a) This power may validly be
delegated to other governmental
entities and in fact event to
private corporations, the
so-called quasi-public
corporations.
b) Questions of necessity or
wisdom are essentially political.
c) Property already devoted to
public use is still subject to
expropriation, provided this is
done directly by the national
legislature or under a specific
grant of authority to the delegate.
d) When is taking considered
compensable?
e) The property expropriated must
be devoted for public use.
3. Taxation:
a) Differentiate direct duplicate
and indirect duplicate double
taxation.
b) If the grant of tax exemption
is founded with a valuable
consideration, it is deemed
to partake of the nature of a
contract and the obligation
thereof is protected against
impairment clause.
DUE PROCESS:
Note: 1. What is substantive due process?
2. What is procedural due process?
3. What is a criminal due process?
4. What is administrative due process?
EQUAL PROTECTION:
All persons or things similarly situated should
be treated alike, both as to rights conferred and
responsibilities imposed. To determine whether
the law is based on a valid classification, it
must conform to the following requirements:
1) It must be based on substantial
distinction;
2) It must be germane to the purposes of
the law;
3) It must not be limited to the existing
conditions only;
4) It must apply equally to all members of
the class;
SEARCH AND SEIZURES:
Take Note:
 1. The right against unreasonable
searches and seizures is personal and
may be invoked only by the persons
entitled to it;
2. What are the requisites of valid
issuance of search warrant or warrant
of arrest?
3. What are the circumstances which
allow a warrantless arrest?
1) Where an arrest is effected by
virtue of a valid warrant, or under
any of the above circumstances,
a search may be made as an
incident to such valid arrest.
2) Plain View Doctrine: “open to
eye and hand,” of the
law-enforcement officer who
comes into the object
inadvertently, may also be sized
by him even without warrant.
FREEDOM OF EXPRESSION:
1) Elements: A. Freedom from previous
restraint or censorship
B. Freedom from
Punishment;
2) To determine the liability of the
individual for ideas expressed by him, three
major criteria have been applied:
1. The Clear and Present Danger
Rule: It is whether the words used are
used in such circumstances and are of
such a nature as to create a clear and
present danger that they will bring
about the substantive evils that the
State has a right to prevent. It is a
working principle that the substantive
evil must be extremely serious and the
degree of imminence is extremely high
before utterances can be punished.
2. The Dangerous Tendency Rule: If
the words uttered create a dangerous
tendency which the State has a right to
prevent, then such words are
punishable. It is enough that the
language used be reasonably
calculated to incite person to acts by
force, violence or unlawfulness. It is
sufficient if the natural tendency and
probable effect of the utterance be to
bring about the substantive evil which
the legislative body seeks to prevent.
3. Balance of Interest Test: This is the
test to determine the validity of the
statute. When a particular conduct is
regulated in the interest of public order,
and the regulation results in an indirect
conditional, partial abridgment of
speech, the duty of the court is to
determine which of the two conflicting
interests demands the greater protection
under the particular circumstances
presented.
Authority is preferred under the
dangerous tendency doctrine, liberty,
under the clear and present danger rule.
The balancing of interest test resolves
the issue in the light of the peculiar
circumstances obtaining in each
particular case.
3) Distinguish Content-Based Regulation and
Content-Neutral Regulation.
(See page 188 Nachura)
4) What is Overbreadth Doctrine? (see page
195 Nachura)
5) The test of a lawful assembly:
a. The purpose test-
b. The auspices test-
THE IMPAIRMENT CLAUSE:
1. When is there an impairment?
2. Limitations:
a. If the law is a proper exercise of the
police power, it will prevail over the contract.
b. Where a law grants a tax exemption in
exchange for valuable consideration, such
exemption is considered a contract and cannot
be repealed because of the impairment clause.
 -nagbabayad tayo ng buwis para lamang bayaran ang
mga sundalo at patuloy na gawing alipin.
DISTINGUISH EX POST FACTO LAW FROM
BILL OF ATTAINDER?
POLITICAL SCIENCE REVIEW MATERIAL

LEGISLATIVE DEPARTMENT - ART. VI

OOUTLINE OF THE RELATED LAWS SUBJECT IN

SOCIAL STUDIES: Political Law is that branch of public law which deals
with the organization and operations of the
Ref: Philippine History By: Francisco Zulueta & Abriol
governmental organs of the State and defines the
Nebres
relations of the State with the inhabitants of its
Pre-Spanish Period territory.

A. The first inhabitants of the Archipelago - Negritos
B. Other Migrants - The Malaysians (they went to Panay,
Island)
C. The Epic of the 10(?) Datus \ di ko sure yung 10
HAHAHA /
Philippine Political Law, is a study of the structure and
powers of the Government of the Republic of the
Philippines. It also deals with certain basic concepts of
political law, such as the nature of the State, the
supremacy of the Constitution, the separation of
powers, and the rule of the majority.

- Chief Executive, Legislator, and a Judge

Background Study of the Philippines Political System:
- The Dictators were the Datus (Phil. History)

D. System of the Gov't Concept of the State:

1. The Power of Datu State is a community of persons, more or less

numerous, permanently occupying a fixed territory, and
2. Laws: possessed of an independent government organized for
a. The Oral Laws - Customary Laws political ends to which the great body of inhabitants
render habitual obedience. I
b. The Written Laws - Code of Kalintiyaw
Differentiate nation with the State:
3. The Judicial Process
4. Trial by Ordeals Nation (nasci, to be born) indicates a relation of birth or
origin and implies a common race, usually characterized
a. River Ordeals by community of language and customs. The State is a
legal concept, while the nation is only a racial or ethnic
b. Boiling Water Ordeals concept.
c. Candle Ordeals Lesson 2:
d. Ordeal by Wrestling I – Pre-Spanish Period:
RANDOM NOTES A. The first inhabitants of the archipelago –
Negritos
Encomienda System B. Other migrants of the archipelago
-to promote the welfare of the inhabitants 1. The Malaysians;
C. The Epic of the 10 Datus
-ipinanukala ng mga Spaniards D. System of the Government:
1. The powers of the Datu;
-considered as the LGU as of this moment Andres 2. Laws:
opposed Taxation a. The oral laws- Customary laws;
b. The written laws – Code of Kalantiyaw
 3. The Judicial Process – If the parties
involved reside in different barangays, the
disputes are resolved by arbitration in a
body composed of elders from other
barangays acting as arbiters. Trials were
held in public where the plaintiffs and
defendants pleaded their own case.
4. Trial by Ordeals:
a. River ordeals;
b. Boiling water ordeals;
c. Candle ordeals;
d. Ordeal by wrestling;
E. Social Stratification:
1. The nobles;
2. The freemen;
3. The slaves;
Lesson No. 3:
I- Spanish Rule of the Philippines:
A. Political structure of the Colonial Government:
(Page 56)
1. Las Siete Partidas – The legal basis of
Spain’s colonial policy in the Philippines;
a. Council of the Indias (Consejo de
Indias);
b. Governor General – Head of the
centralized government;
1. The power of the governor-general
1. Implement the royal decrees;
2. He has the power to
suspend the implementation if he
thinks that the conditions in the colony
did not warrant its implementation.
b. Provincial Government:
1. Alcalde Mayor (Alcaldia Mayor) or
province where peace and order had already been
established and maintained and under a civil official;
2. Corregimientos- Territories that
were not completely pacified and placed under a
politico-general called Corregidor;
c. Municipal Government:
1. Pueblos (towns) headed by the
gobernadorcillo;
2. The villages or barangays were
under the control and supervision of the
Cabeza de Barangay;
d. The Royal Audencia; The primary
function was to act as the Supreme Court of the
Philippines and served as an advisory body of the
governor general. It was also empowered to check the
abuses committed by the governor general in the
exercise of the administrative functions and
prerogatives;
e. The Residencia- the judicial system
introduced by Spain. Its function
is to investigate outgoing governor
generals and other Spanish
officials during their term of office;
f. Visitador-general was an investigating
officer sent by the king of
Spain to check Philippine conditions and to look into
administrative complaints against erring governor
general and other Spanish officials.
2. The Encomienda System: (Page 57). See
also Page 66.
The right vested by the King upon a
Spaniard who had helped in the settlement of a country
as a reward for his services. The encomiendero has the
duty to collect taxes. It has the obligation to promote the
welfare of the inhabitants and to assist
the missionaries to convert the natives to the Catholic
faith.
B. Spanish Colonial Policy:
1. Taxation;
2. Forced labor
3. Frailocracy
4. The Tobacco Monopoly
C. The Secularization issue.
The Filipino priests were agitating for an equitable
representation in parish religious administration, which
were denied, because the Spanish clergy believed that
the Filipino priests lack the necessary training. The
secularization controversy centered on religious issues
with racial prejudices and implications. The
secularization controversy between the Spanish priests
and Filipino priests focused on the control of curacies in
the Philippines.
ACTIVITY: Google Classroom:
LESSON 4:
Different policies of the Spanish Government:
A- On Education:
1. The educational system was controlled by the friars;
2. Some schools were exclusively established for
education of some Spanish nationals;
B. Agrarian grievances:
Share tenancy system.
C. On the economy:
1. The removal of the stringent restriction on foreign
trade became a big boost for the economy and enjoyed
a favorable balance of trade with Europe and
neighboring Asian countries;
2. The influx of liberal ideas;
D. The Propaganda Movement:
1. Dr. Jose Rizal- Noli Mi Tangere El Filibusterismo
 2. Graciano Lopez Jaena- La Solidaridad
3. Marcelo H. Del Pilar- Diariong Tagalog
4. Antonio Luna-
5. Juan Luna- Spolarium
KKK:
Structure of the Katipunan of Andres Bonifacio:
Kataas-taasang Sangunian – Supreme Council
Sangunian Bayan – Provincial Council
Sanguniang Balangay – Popular Council
II- The Reform Movement and the Katipunan:
A. The rivalry between the Magdalo and Magdiwang
Council; Page 104-105
Tejeros Convention- To settle the differences
between the two rival groups
Acta de Tejeros- Rejected the Revolutionary
Government of Gen. Emilio Aguinaldo;
B. The Naik Military Compact;- Establishment of a
government, independent of and separate from that
established at Tejeros by the Magdalo;
Lesson 5:
I- The Biak-na-Bato Republic of Gen. Emilio Aguinaldo: Page
110-111
Members of the Supreme Council:
President – Gen. Emilio Aguinaldo
Vice-President – Mariano Trias
Secretary of Foreign Affairs – Antonio Montenegro
Secretary of Interior - Isabelo Artacho
Secretary of the Treasury – Baldomero Aguinaldo
Secretary of War – Emiliano Riego de Dios
II – The Revolutionary Government of Gen. Emilio Aguinaldo:
The revolutionary demands of the Biak-na-Bato Republic of
Gen. Aguinaldo:
1. The expulsion of the friars and the return of the lands to
the Filipinos they appropriated for themselves;
2. Representation in the Spanish Cortes;
3. Freedom of the press and tolerance of all religious sects;
4. Equal treatment and pay for civil servants;
5. Abolition of the power of the government to banish
citizens;
6. Legal equality for all persons.
The Pact of the Biak-na-Bato:
Pedro Paterno served as the mediator between the
Filipinos and the Spaniards to end the hostilities.
The pact is composed of three documents wherein the
Spanish government would pay the rebels the sum of
P800,000 in three installments:
1st- The payment of P400,00 to the group of Gen.
Aguinaldo on the departure of Aguinaldo from the
Philippines;
2nd- P200,000 when the number of arms surrendered
exceeded 700;
3rd – The remaining P200,000 when the general amnesty
was proclaimed by the Governor General.
American Naval Forces Attacked Philippines:
Commodore George Dewey lead the US naval forces to the
Philippines.
III. The Mock Battle in Manila:

IV- The Treaty of Paris (1898)
The peace agreement ending the Spanish American war.
Some of the provisions of the Treaty of Paris:
1. Spain should cede the Philippines, Guam and Puerto
Rico to the United States;
2. The United States should pay Spain the sum of $20M
U.S. Dollar.
3. Spain should withdraw her sovereignty from Cuba;
4. The civil and political status of the inhabitants in the
ceded territories was to be determined by the
United States Congress;
LESSON 6:
V- The Malolos Congress- Page 123
Gen. Emilio Aguinaldo established the Dictatorial
Government, and after a month, he changed it to a
Revolutionary Government. He proclaimed himself as the
President of the Revolutionary President. The first Philippine
Republic was established in Malolos, Bulacan on January 28,
1899.
The Malolos Congress was inaugurated on September 15,
1898 at Barasoain Church. Pedro Paterno was elected as the
president of the Congress. The officers of the Congress were:
I. President of the Congress – Pedro Paterno
II. Vice President – Benito Legarda
III. First Secretary – Gregorio Araneta
IV. Second Secretary – Pablo Ocampo
V. Delegates were:
1. Permanent Commission of Justice
2. The Different committees:
a. Committee on Felicitations;
b. Committee on Messages
c. Committee on Internal Regulations
d. Committee to Draft the Constitution;
The Emblem of the First Philippine Republic
VI- The Malolos Constitution
Three Constitutional Draft were submitted for approval:
1. Mabini Constitutional Plan-
2. Paterno Constitutional Plan
3. Calderon Constitutional Plan;
After a thorough examination of the different
Constitutional Plans, the Committee chose the Calderon Plan
as the best subject to amendments and submitted it to the
Malolos Congress for approval.
The Malolos Constitution had a unicameral legislature.
President Aguinaldo formed his Cabinet:
President of the Cabinet and Secretary of Foreign Affairs –
Apolinario Mabini
Secretary of Interior – Teodoro Sandico
Secretary of War - Baldomero Aguinaldo
Secretary of Finance – Mariano Trias
Secretary of Welfare- Graciano Gonzaga
Public Instruction/Public Works and
Communication/Agriculture, Industry and Commerce
American’s Reaction:
According to Gen. Elwell Otis of the US Army, the
proclamation of Aguinaldo of the Revolutionary government
is tantamount to war.

LESSON 7-
I- The Filipino-American War:
A. The incident in San Juan Bridge
Pvt. Willie W. Grayson-
B. The Americans drive to the North and South
Gen. McArthur- North of Luzon
Gen. Lawton- To attack Southern part of Luzon

C. The Capture of Aguinaldo.

D. The End of Filipino-American War.

LESSON 8:
I – The Philippines Under American Rule:
A. The Jones Law:
The Jones Law was the first American formal and official
commitment to grant independence to the Philippines. The
Jones Law, proposed to withdraw the American sovereignty
over the Philippine island and to recognize their
independence as soon as a stable government can be
established.
The Philippine Legislature under the Jones Law:
Manuel L. Quezon was the President of the Senate
Sergio Osmena was elected Speaker of the House of
Representatives.
II- Philippines under the Administration of Francis Burton
Harrison:
1. He paved the way for the rapid Filipinization of the civil
service by reducing the numbers of highly paid officials, most
of whom were Americans;
2. He gave the cabinet full liberty of action and refrained from
interfering in the affairs of three various departments;
3. He created the Council of the States;
III- Philippines Under Gov. Gen. Wood:
1. Gov. General Wood abolished the Council of State and
governed the Philippines without the cooperation of the
Philippine Legislature;
IV – Philippines Under Gov. General Frank Murphy: Page 168;
1. Gov.Gen. Murphy promised to give the Filipinos a simple,
honest and effective government and to secure the peace and
contentment of every Filipino.
2. He helped the Filipinos in their campaign for
independence, for he believed that they had the ability to
maintain a stable democratic republic;
A. The Philippine Legislature created the Commission of
Independence to study all matters relating to the negotiation
and organization of independence of the Philippines. The
Commission was headed by Senate President Quezon;
B. The Philippine Legislature sent another mission
headed by Sergio Osmena and Manuel Roxas;
The Hare-Hawes Cutting Act:
The Hare-Hawes Cutting Bill provided for a 10 year
transition period at the end of which the United States would
grant and recognize the independence of the Philippines. The
bill called for the immediate establishment of a Filipino
Constitutional Convention subject to the approval of the
President of the United States, to formulate a Constitution for
the Commonwealth.
The bill also allowed the free entry of American goods to
the Philippines, but provided for quantitative limitations on
the free-duty importation of Philippine products.
The Tyding-McDuffie Law (1934)
The important provision of the law:
1. A 10 year transition period under the
Commonwealth of the Philippines preparatory to the
grant of independence on July 4, 1946;
2. A graduated tariff on the Philippine exports to
America;
3. The annual quota of 50 Filipino migrants to America
4. The representation of the United States President in
the Philippines by an American High Commissioner;
The bill was sponsored by Senator Millard F. Tydings and
Representative John McDuffie was passed into law and signed
by President Franklin Roosevelt on March 24, 1934.
LESSON 9:
The Framing of the 1935 Constitution:
1. The 1935 Phil. Constitution was approved by the delegates
of the convention on February 8, 1935 and signed by the
delegates on February 19, 1935;
2. President Roosevelt approved the Constitution of the
Philippines on March 23, 1935;
3. On November 15, 1935, the Commonwealth was
inaugurated with Manuel Quezon as President and Sergio
Osmena as Vice President;
The Provisions of the 1935 Phil. Constitution:
On Social Justice:
The Constitution provides that the promotion of social
justice to insure the well-being and economic security of all
the people would be the concern of the State. The State shall
protect labor, especially working women and minors, shall
regulate the relations between landowners and tenants, and
between labor and capital in industry and in agriculture. The
Minimum Wage Act provided laborers to be paid minimum
wage of one peso for working eight hours daily.
On Education:
The government must provide at least free public
elementary education, and schools shall aim to develop moral
character, personal discipline, civic conscience and vocational
efficiency. The National Council of Education was created for
the purpose of studying the needs and problems of the
nation.
On Trade, Commerce and Industry:
Under the Payne-Aldrich Tariff Act, all exports, except rice,
were allowed to enter American markets free of duty within
certain quota limits. On the other hand, American exports to
the Philippines were unlimited and duty-free.
Parity Law: It was provided in the 1935 Phil. Constitution that
the Americans has the right to dispose, exploit, develop and
utilize all agricultural, timber, and mineral lands of the
Philippines.

Philippines Under the Japanese Occupation:
⮚ Japanese warplanes attacked Manila on December 9,
1941;
⮚ On December 24, Pres. Quezon and his family and
members of his Cabinet moved to the island of
Corregidor;
⮚ Jose P. Laurel remained in Manila together with
other high-ranking officials in the government to
look after the general welfare of the people during
the critical times;
⮚ Chief Justice Jose Abad Santos was executed by the
Japanese authorities for refusal to take an oath of
allegiance to the Japanese authorities;
⮚ March 29, Quezon and some members of his cabinet
were transported by the American bombers to
Australia and a month later to the U.S. The
Commonwealth government was functioning in
Washington, D.C.
⮚ Before leaving Philippines, Pres. Quezon issued an
executive order naming Manuel A. Roxas who was
then a Col.of Military to become the President of the
Commonwealth in the event, Quezon and the then
Vice President Osmena died.
⮚ Pres. Manuel L. Quezon died of tuberculosis on
August 1, 1944 in New York. He was succeeded by
Osmena;
⮚ Gen. Douglas MacArthur arrived in the Philippines on
October 20, 1944;
⮚ On August 6, 1945, US Airforce bombed Hiroshima
and on August 9, US Airforce bombed Nagasaki;
⮚ Japanese force surrendered on September 2, 1945.
⮚ United States thru Gen. Douglas MacArthur,
proclaimed the liberation of the Philippines from the
Japanese Imperial forces on July 4, 1945.
Philippine Government:
The Congress of the Philippines met for the first time after the
war and Senator Manuel A. Roxas was chosen as President of
the Senate, while Elpidio Quirino was chosen as President
Pro-Tempore.
On April 23, 1946, presidential election was held. Manuel
A. Roxas was elected as the President and Elpidio Quirino was
elected as the Vice-President.
On July 4, 1946, the Republic of the Philippines was
inaugurated at Luneta. The Philippine Independence was
declared by the then US President Harry S. Truman.
DIOSDADO MACAPAGAL (1961-1965):
The achievements of Macapagal Administration:
1. The land reform program, which aims to abolish the
century-old share tenancy in our country;
2. The changing of our independence from 4th of July to June
12th;
LESSON 10
Definition of terms:
Presidential government is a form of government in which
the executive is constitutionally independent of the
legislature as regards his tenure of office and to a large extent
as regards his policies and acts. Example: Government of the
Philippines, government of U.S. and Mexico.
Parliamentary government or cabinet government is one in
which the real executive-the Cabinet or ministry-is
immediately and legally responsible to the legislature or one
branch of it for its legislative and administrative acts, and
mediately or politically responsible to the electorate while the
titular or nominal executive-the chief of state-occupies a
position of irresponsibility. Example: Government of England,
Japan, Canada.
Unitary or centralized government- is one in which the
powers of government are vested in one supreme organ from
which all local governing authorities derive their existence
and powers. The essence of this form of government is the
fact that a single organization has been created by the
sovereign power-generally the people-through their
Constitution, to which is left the task of providing for the
territorial distribution of governmental powers with which it
has been invested. Examples: Philippine government,
England, Japan.
Federal Government - is a form of government in which
governmental power are, by the common sovereign,
distributed between a national government and the local
governments, each being supreme within the sphere thereof.
Example: U.S. Government, Mexico, Australia.
Republican Government - is a form of government where
the people-the source of sovereignty-governs themselves
through representatives chosen by themselves.
A republic is a representative democracy; in other words, a
state where the people govern themselves through
representatives. Example: Philippine government, US
Government.
Constitutional government- is one which governs in
accordance with certain basic rules, the totality of which is
generally called a constitution. Example: U.S. Government,
Philippine government.
Totalitarian government is a highly centralized government
under the control of a political group which allows no
recognition or representation to other political parties, as in
Fascist Italy, Germany under the Nazi regime before the
Second World War.
De Jure government- is one which is based upon the laws
of the State, and/or has the general support of the people;
 De facto government- is one which is not based upon the
existing constitutional laws of the state.
3 kinds of de facto governments:
First, is the government that gets possession and control, of
or usurps, by force or by the voice of the majority, and lawful
government and maintains itself against the will of the latter;
Second, is that government established and maintained by
the military occupation in the course of the War.
Third, is that established as an independent government by
the inhabitants of the country who rise in insurrection against
the parent state.
Authoritarian government is a government by one or only
a few where the majority of the citizens do not have any
direct or institutionalized role in policy-making.
Philippines under Pres. Ferdinand Marcos.
On September 21, 1972, Pres. Marcos placed the entire
Philippines under martial law by virtue of Proclamation No.
1081.
The following allegations why Pres. Marcos declared martial
law in the Philippines:
1. The bombing of the Plaza Miranda;
2. The NPA were receiving military support from the
foreign source;
3. The ambush of the official car of the then Secretary
of National Defense Juan Ponce Enrile;
What is Martial Law?
Martial law in its comprehensive sense, includes all laws
that have reference to and administered by the military forces
of the State. They include the military laws enacted by the law
making body for the government of the armed forces and the
rules governing the conduct of military forces in times of war
and in place under military occupation.
The object of martial law is the preservation of public
safety and order.
Suspension of the Privilege of the Writ of Habeas Corpus:
Pres. Marcos issued Proclamation No. 880 suspending the
privilege of the writ of habeas corpus in order to maintain
peace and order, secure the safety of the people and preserve
the authority of the State. Sec. 14 of Art. III of the 1935
Constitution (Sec. 15 Art. IV of the 1973)
“ The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion, insurrection, rebellion,
or imminent danger thereof, when the public safety requires
it”;
Government under Martial Law:
On December 1, 1972, Pres. Marcos issued Presidential
Decree No. 73 submitting to the Filipino people for
ratification the proposed New Constitution and settling the
plebiscite on January 15, 1973.
The then Atty. Charito Planas challenged the
constitutionality of the said P.D. No. 73. Atty. Planas cited the
provision of the 1935 Constitution which provide that the
calling of such plebiscite, the setting of guidelines for the
conduct of the election, prescription of ballots to be used, the
question to be answered by the voters, and the appropriation
of public funds for the purpose were matters within the
exclusive jurisdiction of the Congress.
Sec. 1 Art. XV of the 1935 Constitution:
“The Congress in joint session assembled, by a vote of ¾ 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 the 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.”
The COMELEC immediately took steps to submit to a
plebiscite for ratification of the New Constitution through the
citizen assemblies.
Par. 7 of the Amendment Provision of the 1973 Constitution:
The barangays and sangguniang shall continue as presently
constituted, but their functions, powers, and composition
may be altered by law.
Referenda conducted through the barangays and under the
supervision of the COMELEC may be called at any time the
government deems it necessary to ascertain the will of the
people regarding any important matter, whether of national
or local interest.”
The Supreme Court failed to resolve the Planas case and
other similar cases, but pending judicial resolution, the
process of ratification by the barangays continues.
On January 17, 1973, President Marcos announced the
proclamation of the ratification of the 1973 Constitution. He
signed in the presence of the Katipunan ng mga Barangay a
proclamation to the effect that the New Constitution had
been ratified by the Filipino people.
The Salient Feature of the 1973 Constitution: Page 245.
Art. VII: The President:
Section 1: The President shall be head of state and chief
executive of the Republic of the Philippines;
Section 1 of Art IX: The Prime Minister, the Cabinet and the
Executive Committee:
There shall be a Cabinet, which shall be composed of
Ministers with or without portfolio appointed by the
President x x x.
Section 2: The Prime Minister and the Cabinet shall be
responsible to the Batasang Pambansa for the program of
government approved by the President.
Sec. 3: There shall be an Executive Committee to be
designated by the President, composed of the Prime Minister
as Chairman x x x . The Executive Committee shall assist the
President in the exercise of his powers and functions and in
the performance of his duties as he may prescribed.
Paragraph 5 of the Amendments:
The incumbent President shall continue to exercise
legislative powers until martial law shall be lifted.
Paragraph 6. Whenever in the judgment of the President
(Prime Minister) there exists a grave emergency or a threat or
imminence thereof, or whenever the interim Batasang
Pambansa or the regular National Assembly fails or is unable
to act adequately or any matter for any reason that in his
judgment requires immediate action, he may, in order to
meet the exigency, issue the necessary decrees, orders, or
letters of instructions, which shall form part of the law of
the land.
Par. 2 Sec. 13 of Art. VIII: The Prime Minister may advise the
President in writing to dissolve the Batasang Pambansa
whenever the need arises for a popular votes of confidence
on fundamental issues, but not on a matter involving his own
personal integrity x x x.
Comments:
⮚ The government under martial law was called an
authoritarian constitutional government. The
President exercised extraordinary powers.
According to former Pres. Marcos, there were several reasons
to change the 1935 Constitution: The 1935 Constitution was
made by a colonial power, then, the mother country, United
States. The Filipino people would have a chance to decide for
themselves whether the 1935 Constitution was still adequate
and satisfactory for their purposes.
Some of the issues that were raised during the administration
of former Pres. Marcos:
⮚ Should the government be parliamentary or
presidential?
⮚ Should the voting age be reduced from 21 to 18
years of age?
LESSON 11-12:
Philippines under the Administration of Pres.
Corazon Aquino:
● Pres. Cory Aquino was installed to power under the
People’s Power (Edsa Revolution);
● She established the Revolutionary Government upon
her assumption into office on February 25, 1986;
Reorganization of the Government Under the Freedom
Constitution:
1. She changed the members of the Supreme Court
created by Marcos. She named for Associate Justice
Claudio Teehankee as the Chief Justice of the
Supreme Court;
2. She abolished the Batasang Pambansa. She
authorized the removal of all the local, elective
officials under the KBL party and replaced them with
her OIC’s;
3. She lifted the suspension of the privilege of the writ
of habeas corpus in two regions of Mindanao. She
freed the political prisoners under the Marcos
regime: among them Jose Ma. Sison, Bernabe
Buscayno-founder of NPA AND Victor Corpus, a
former PC lieutenant who defected to the NPA;
⮚ On April 1986, Pres. Aquino issued Proclamation No.
9 creating a Constitutional Commission to draft a
new constitution. The draft of the 1987 Constitution
was submitted to the people on February 2, 1987
plebiscite for ratification. On Feb.11, 1987 she issued
Proclamation No. 58 declaring that the New
Constitution has been approved by the Filipino
people.
The Nature of the Constitution:
A CONSTITUTION according to Cooley, is that body of rules
and maxims in accordance with which the powers of
sovereignty are habitually exercised.
The 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
fixed principles on which government is founded.
The Supremacy of the Constitution:
The Constitution is the basic and paramount law to which
all other laws and must conform and to which all persons
including the highest officials of the land, must defer.
Comparison of the 1973 Constitution with the 1987
Philippine Constitution:
President:
A. Re-election:
Under the 1973 Constitution, there is no prohibition
restricting the President for re-election.
Under the 1987 Phil. Constitution: Sec. 4 Art. VII: The
President and the Vice-President shall be elected by direct
vote of the people for a term of six years which shall begin at
noon on the 13th day of June next following the day of the
election and shall end at noon of the same date six years
thereafter. “ The president shall not be eligible for any
re-election”.
B. Rule on Succession:
Sec. 4 Art. VII of the 1973 Constitution: If at the time fixed for
the beginning of his term, the President-elect shall have died
or shall have failed to qualify or if the President shall not have
been chosen, the Executive Committee, headed by the Prime
Minister as hereinafter provided, shall exercise the powers
and discharge the duties of the President until a President
shall have been elected and qualified.
Sec. 8 of Art. VII of the 1987 Philippine Constitution: LESSON 13-14
In case of death, permanent disability, removal from office, The Three Departments/Branches of the Government:
or resignation of the President, the Vice-President shall 1. Legislative Department – Art. VI
become the President to serve the unexpired term. 2. Executive Department – Art. VII
3. Judicial Department – Art. VIII
C. The Powers of the President:
Sec. 9 Art. VII of the 1973 Constitution: Legislative Department:
The President shall be the commander-in-chief of all armed A. Composition:
forces of the Philippines and whenever it becomes necessary, B. Function:
he may call out such armed forces to prevent or suppress C. How is a bill becomes a law?
lawless violence, invasion, insurrection or rebellion. In case of
invasion, insurrection or rebellion, or imminent danger LESSON X & LESSON XI- EXECUTIVE DEPARTMENT:
thereof, when the public safety requires it, he may suspend LESSON XI- & LESSON XII- JUDICIAL DEPARTMENT
the privilege of the writ of habeas corpus, or place the LESSON XIII & LESSON XIV- 3 Inherent Powers of the State
Philippines or any part thereof under martial law. XV- XVIII- What are the Constitutional Rights of the Accused
Sec. 18 Art. VII of the 1987 Philippine Constitution: Person?
The President shall be the Commander-in-Chief of the
armed forces of the Philippines and whenever it becomes
necessary, he may call out such armed forces to prevent or
suppress lawless violence, invasion or rebellion. In case of
invasion or rebellion, when the public safety requires it, he
may, for a period not exceeding 60 days, suspend the privilege
of the writ of habeas corpus or place the Philippines or any
part thereof under martial law. Within 48 hours from the
proclamation of martial law or the suspension of the privilege
of the writ of habeas corpus, the President shall submit a
report in person or in writing to the Congress. The Congress,
voting jointly by a vote of at least majority of all its Members
in regular or special session may revoke such proclamation or
suspension, which revocation shall not be set aside by the
President. Upon the initiative of the President, the Congress
may, in the same manner, extend such proclamation or
suspension for a period to be determined by the Congress, if
the invasion or rebellion shall persist and public safety
requires it.
The Congress, if not in session, shall within 24 hours

Contemporary World
following such proclamation or suspension, convene in
accordance with its rules without need of a call.
The Supreme Court may review in an appropriate
proceeding filed by any citizen the sufficiency of the factual PORTFOLIO
basis of the proclamation of martial law or the suspension of
the privilege of the writ or extension thereof, and must
promulgate its decision thereon within 30 days from its filing.
A state of martial law does not suspend the operation of
the Constitution, nor supplant the functioning of the civil
courts or legislative assemblies, nor authorize the conferment
of jurisdiction on military courts and agencies over civilians
where civil courts are able to function nor automatically
suspend the privilege of the writ.
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 invasion.
During the suspension of the privilege of the writ, any
person thus arrested or detained shall be judicially charged GENESIS H. LOMOLO
within 3 days otherwise he shall be released.

MALOLOS CONSTITUTION
In 1899, the Malolos Constitution, the
first Philippine Constitution—the first republican
constitution in Asia—was drafted and adopted
by the First Philippine Republic, which lasted
from 1899 to 1901.
During the American Occupation, the
Philippines was governed by the laws of the
United States of America.
It established a democratic,
republication government with three branches -
the Executive, Legislative and the judicial
branches. It called for the separation of church
and state. The executive powers were to be
exercise by the president of the republic with
the help of his cabinet.
1935 CONSTITUTION
The 1935 Constitution provided the legal
basis of the Commonwealth Government which
was considered a transition government before
the granting of the Philippine independence
with American-inspired constitution; the
Philippine government would eventually pattern
its government system after American
government.
The 1935 Constitution, which featured a
political system virtually identical to the
American one, became operative. The system
called for a President to be elected at large for
a 4-year term (subject to one re-election), a
bicameral Congress, and an independent
Judiciary.
1943 CONSTITUTION
The Filipino people, imploring the aid of
Divine Providence and desiring to lead a free
national existence, do hereby proclaim their
independence, and in order to establish a
government that shall promote the general
welfare, conserve and develop the patrimony
of the Nation, and contribute to the creation of
a world order based on peace, liberty, and
moral justice, do ordain this Constitution.
The Second Philippine Republic was
established during the Japanese occupation of
the Philippines. At the outset of the occupation,
the Japanese government established a
military administration over the Philippines, as
well as the Philippine Executive Commission,
composed of several pre-war Filipino political
leaders. The KALIBAPI (Kapisanan ng
Paglilingkod sa Bagong Pilipinas) was also
organized, designed to be the sole and
exclusive political organization in the
Philippines.
On June 16, 1943, Premier Hideki Tojo
promised independence to the Philippines. The
KALIBAPI would then form the Preparatory
Committee on Philippine Independence
(PCPI), which was tasked with drafting a new
Constitution. The new Constitution was
approved by the Preparatory Committee on
Philippine Independence on September 4,
1943 and ratified by the KALIBAPI on
September 7, 1943.
The KALIBAPI then proceeded to elect
part of the new National Assembly, which also
included appointed members; in turn, the
National Assembly elected its Speaker and
then elected Jose P. Laurel as President. On
October 14, 1943, in ceremonies in front of the
Legislative Building in Manila, the new
Republic was inaugurated, and Jose P. Laurel,
the Chairman of the Preparatory Committee,
assumed office as President.
1973 CONSTITUTION
We, the sovereign Filipino people,
imploring the aid of Divine Providence, in order
to establish a Government that shall embody
our ideals, promote the general welfare,
conserve and develop the patrimony of our
Nation, and secure to ourselves and our
posterity the blessings of democracy under a
regime of justice, peace, liberty, and equality,
do ordain and promulgate this Constitution.
The 1973 Constitution – which allowed
him to rule by decree until 1978 when the
presidential system of the 1935 Constitution
was replaced with a parliamentary one. Under
this new system, Marcos held on to power and
continued to govern by decree, suppressing
democratic institutions and restricting civil
freedoms. In 1981, martial law was officially
lifted, but Marcos continued to rule by the
expedient of being “re-elected” in a farce of an
election to a new 6-year term. He continued to
suppress dissent and thousands of vocal
objectors to his rule either mysteriously
disappeared or were incarcerated. Despite
economic decline, corruption allowed Marcos
and his wife Imelda to live extravagantly,
causing resentment domestically and criticism
internationally.
1985/1986 CONSTITUTION
The 1986 provisional "Freedom"
constitution of the republic of the Philippines.
PROCLAMATION NO. 3
Declaring a national policy to implement
the reforms mandated by the people,
protecting their basic rights, adopting a
provisional constitution, and providing for an
orderly transition to a government under a new
constitution.
WHEREAS, the new government was installed
through a direct exercise of the power of the
Filipino people assisted by units of the New
Armed Forces of the Philippines;
WHEREAS, the heroic action of the people
was done in defiance of the provisions of the
1973 Constitution, as amended
WHEREAS, the direct mandate of the people
as manifested by their extraordinary action
demands the complete reorganization of the
government, restoration of democracy,
protection of basic rights, rebuilding of
confidence in the entire governmental system,
eradication of graft and corruption, restoration
of peace and order, maintenance of the
supremacy of civilian authority over the military,
and the transition to a government under a
New Constitution in the shortest time possible
WHEREAS, during the period of transition to a
New Constitution it must be guaranteed that
the government will respect basic human rights
and fundamental freedoms
WHEREFORE, I, CORAZON C. AQUINO,
President of the Philippines, by virtue of the
powers vested in me by the sovereign mandate
of the people, do hereby promulgate the
following Provisional Constitution
1987 CONSTITUTION
THE CONSTITUTION OF THE REPUBLIC OF
THE PHILIPPINES
PREAMBLE
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 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.
ARTICLE II
Declaration of Principles and State Policies
Principles
SECTION 1. The Philippines is a democratic
and republican State. Sovereignty resides in
the people and all government authority
emanates from them.
SECTION 2. The Philippines renounces war as
an instrument of national policy, adopts the
generally accepted principles of international
law as part of the law of the land and adheres
to the policy of peace, equality, justice,
freedom, cooperation, and amity with all
nations.
SECTION 3. Civilian authority is, at all times,
supreme over the military. The Armed Forces
of the Philippines is the protector of the people
and the State. Its goal is to secure the
sovereignty of the State and the integrity of the
national territory.
SECTION 4. The prime duty of the
Government is to serve and protect the people.
The Government may call upon the people to
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.
SECTION 5. The maintenance of peace and
order, the protection of life, liberty, and
property, and the promotion of the general
welfare are essential for the enjoyment by all
the people of the blessings of democracy.
SECTION 6. The separation of Church and
State shall be inviolable.
State Policies
SECTION 7. 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.
SECTION 8. The Philippines, consistent with
the national interest, adopts and pursues a
policy of freedom from nuclear weapons in its
territory.
SECTION 9. 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.
SECTION 10. The State shall promote social
justice in all phases of national development.
SECTION 11. The State values the dignity of
every human person and guarantees full
respect for human rights.
SECTION 12. The State recognizes the
sanctity of family life and shall protect and
strengthen the family as a basic autonomous
social institution. It shall equally protect the life
of the mother and the life of the unborn from
conception. The natural and primary right and
duty of parents in the rearing of the youth for
civic efficiency and the development of moral
character shall receive the support of the
Government.
SECTION 13. The State recognizes the vital
role of the youth in nation-building and shall
promote and protect their physical, moral,
spiritual, intellectual, and social well-being. It
shall inculcate in the youth patriotism and
nationalism, and encourage their involvement
in public and civic affairs.
SECTION 14. The State recognizes the role of
women in nation-building, and shall ensure the
fundamental equality before the law of women
and men.
SECTION 15. The State shall protect and
promote the right to health of the people and
instill health consciousness among them.
SECTION 16. 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.
SECTION 17. The State shall give priority to
education, science and technology, arts,
culture, and sports to foster patriotism and
nationalism, accelerate social progress, and
promote total human liberation and
development.
SECTION 18. The State affirms labor as a
primary social economic force. It shall protect
the rights of workers and promote their welfare.
SECTION 19. The State shall develop a
self-reliant and independent national economy
effectively controlled by Filipinos.
SECTION 20. The State recognizes the
indispensable role of the private sector,
encourages private enterprise, and provides
incentives to needed investments.
SECTION 21. The State shall promote
comprehensive rural development and agrarian
reform.
SECTION 22. The State recognizes and
promotes the rights of indigenous cultural
communities within the framework of national
unity and development.
SECTION 23. The State shall encourage
non-governmental, community-based, or
sectoral organizations that promote the welfare
of the nation.
SECTION 24. The State recognizes the vital
role of communication and information in
nation-building.
SECTION 25. The State shall ensure the
autonomy of local governments.
SECTION 26. The State shall guarantee equal
access to opportunities for public service, and
prohibit political dynasties as may be defined
by law.
SECTION 27. The State shall maintain honesty
and integrity in the public service and take
positive and effective measures against graft
and corruption.
SECTION 28. Subject to reasonable conditions
prescribed by law, the State adopts and
implements a policy of full public disclosure of
all its transactions involving public interest.
ARTICLE III
Bill of Rights
SECTION 1. No person shall be deprived of
life, liberty, or property without due process of
law, nor shall any person be denied the equal
protection of the laws.
SECTION 2. The right of the people to be
secure in their persons, houses, papers, and
effects against unreasonable searches and
seizures of whatever nature and for any
purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except
upon probable cause to be determined
personally by the judge after examination
under oath or affirmation of the complainant
and the witnesses he may produce, and
particularly describing the place to be searched
and the persons or things to be seized.
SECTION 3. (1) The privacy of communication
and correspondence shall be inviolable except
upon lawful order of the court, or when public
safety or order requires otherwise as
prescribed by law.
(2) Any evidence obtained in violation of this or
the preceding section shall be inadmissible for
any purpose in any proceeding.
SECTION 4. No law shall be passed abridging
the freedom of speech, of expression, or of the
press, or the right of the people peaceably to
assemble and petition the government for
redress of grievances.
SECTION 5. No law shall be made respecting
an establishment of religion, or prohibiting the
free exercise thereof. The free exercise and
enjoyment of religious profession and worship,
without discrimination or preference, shall
forever be allowed. No religious test shall be
required for the exercise of civil or political
rights.
SECTION 6. The liberty of abode and of
changing the same within the limits prescribed
by law shall not be impaired except upon lawful
order of the court. Neither shall the right to
travel be impaired except in the interest of
national security, public safety, or public health,
as may be provided by law.
SECTION 7. The right of the people to
information on matters of public concern shall
be recognized. Access to official records, and
to documents, and papers pertaining to official
acts, transactions, or decisions, as well as to
government research data used as basis for
policy development, shall be afforded the
citizen, subject to such limitations as may be
provided by law.
SECTION 8. The right of the people, including
those employed in the public and private
sectors, to form unions, associations, or
societies for purposes not contrary to law shall
not be abridged.
SECTION 9. Private property shall not be
taken for public use without just compensation.
SECTION 10. No law impairing the obligation
of contracts shall be passed.
SECTION 11. Free access to the courts and
quasi-judicial bodies and adequate legal
assistance shall not be denied to any person
by reason of poverty.
SECTION 12. (1) Any person under
investigation for the commission of an offense
shall have the right to be informed of his right
to remain silent and to have competent and
independent counsel preferably of his own
choice. If the person cannot afford the services
of counsel, he must be provided with one.
These rights cannot be waived except in
writing and in the presence of counsel.
(2) No torture, force, violence, threat,
intimidation, or any other means which vitiate
the free will shall be used against him. Secret
detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.
(3) Any confession or admission obtained in
violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(4) The law shall provide for penal and civil
sanctions for violations of this section as well
as compensation to and rehabilitation of
victims of torture or similar practices, and their
families.
SECTION 13. All persons, except those
charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong,
shall, before conviction, be bailable by
sufficient sureties, or be released on
recognizance as may be provided by law. The
right to bail shall not be impaired even when
the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be
required.
SECTION 14. (1) No person shall be held to
answer for a criminal offense without due
process of law.
(2) In all criminal prosecutions, the accused
shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by
himself and counsel, to be informed of the
nature and cause of the accusation against
him, to have a speedy, impartial, and public
trial, to meet the witnesses face to face, and to
have compulsory process to secure the
attendance of witnesses and the production of
evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding
the absence of the accused provided that he
has been duly notified and his failure to appear
is unjustifiable.
SECTION 15. The privilege of the writ of
habeas corpus shall not be suspended except
in cases of invasion or rebellion when the
public safety requires it.
SECTION 16. All persons shall have the right
to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.
SECTION 17. No person shall be compelled to
be a witness against himself.
SECTION 18. (1) No person shall be detained
solely by reason of his political beliefs and
aspirations.
(2) No involuntary servitude in any form shall
exist except as a punishment for a crime
whereof the party shall have been duly
convicted.
SECTION 19. (1) Excessive fines shall not be
imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death
penalty be imposed, unless, for compelling
reasons involving heinous crimes, the
Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to
reclusion perpetua.
(2) The employment of physical, psychological,
or degrading punishment against any prisoner
or detainee or the use of substandard or
inadequate penal facilities under subhuman
conditions shall be dealt with by law.
SECTION 20. No person shall be imprisoned
for debt or non-payment of a poll tax.
SECTION 21. No person shall be twice put in
jeopardy of punishment for the same offense. If
an act is punished by a law and an ordinance,
conviction or acquittal under either shall
constitute a bar to another prosecution for the
same act.
SECTION 22. No ex post facto law or bill of
attainder shall be enacted.
ARTICLE IV
Citizenship
SECTION 1. The following are citizens of the
Philippines:
(1) Those who are citizens of the Philippines at
the time of the adoption of this Constitution;
(2) Those whose fathers or mothers are
citizens of the Philippines;
(3) Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority;
and
(4) Those who are naturalized in accordance
with law.
SECTION 2. Natural-born citizens are those
who are citizens of the Philippines from birth
without having to perform any act to acquire or
perfect their Philippine citizenship. Those who
elect Philippine citizenship in accordance with
paragraph (3), Section 1 hereof shall be
deemed natural-born citizens.
SECTION 3. Philippine citizenship may be lost
or reacquired in the manner provided by law.
SECTION 4. Citizens of the Philippines who
marry aliens shall retain their citizenship,
unless by their act or omission they are
deemed, under the law, to have renounced it.
SECTION 5. Dual allegiance of citizens is
inimical to the national interest and shall be
dealt with by law.
ARTICLE V
Suffrage
SECTION 1. Suffrage may be exercised by all
citizens of the Philippines not otherwise
disqualified by law, who are at least eighteen
years of age, and who shall have resided in the
Philippines for at least one year and in the
place wherein they propose to vote for at least
six months immediately preceding the election.
No literacy, property, or other substantive
requirement shall be imposed on the exercise
of suffrage.
SECTION 2. The Congress shall provide a
system for securing the secrecy and sanctity of
the ballot as well as a system for absentee
voting by qualified Filipinos abroad.
The Congress shall also design a procedure
for the disabled and the illiterates to vote
without the assistance of other persons. Until
then, they shall be allowed to vote under
existing laws and such rules as the
Commission on Elections may promulgate to
protect the secrecy of the ballot.
ARTICLE VI
The Legislative Department
SECTION 1. The legislative power shall be
vested in the Congress of the Philippines which
shall consist of a Senate and a House of
Representatives, except to the extent reserved
to the people by the provision on initiative and
referendum.
SECTION 2. The Senate shall be composed of
twenty-four Senators who shall be elected at
large by the qualified voters of the Philippines,
as may be provided by law.
SECTION 3. No person shall be a Senator
unless he is a natural-born citizen of the
Philippines, and, on the day of the election, is
at least thirty-five years of age, able to read
and write, a registered voter, and a resident of
the Philippines for not less than two years
immediately preceding the day of the election.
SECTION 4. The term of office of the Senators
shall be six years and shall commence, unless
otherwise provided by law, at noon on the
thirtieth day of June next following their
election.
No Senator shall serve for more than two
consecutive terms. Voluntary renunciation of
the office for any length of time shall not be
considered as an interruption in the continuity
of his service for the full term for which he was
elected.
SECTION 5. (1) The House of Representatives
shall be composed of not more than two
hundred and fifty members, unless otherwise
fixed by law, who shall be elected from
legislative districts apportioned among the
provinces, cities, and the Metropolitan Manila
area in accordance with the number of their
respective inhabitants, and on the basis of a
uniform and progressive ratio, and those who,
as provided by law, shall be elected through a
party-list system of registered national,
regional, and sectoral parties or organizations.
(2) The party-list representatives shall
constitute twenty per centum of the total
number of representatives including those
under the party list. For three consecutive
terms after the ratification of this Constitution,
one-half of the seats allocated to party-list
representatives shall be filled, as provided by
law, by selection or election from the labor,
peasant, urban poor, indigenous cultural
communities, women, youth, and such other
sectors as may be provided by law, except the
religious sector.
(3) Each legislative district shall comprise, as
far as practicable, contiguous, compact and
adjacent territory. Each city with a population of
at least two hundred fifty thousand, or each
province, shall have at least one
representative.
(4) Within three years following the return of
every census, the Congress shall make a
reapportionment of legislative districts based
on the standards provided in this section.
SECTION 6. No person shall be a Member of
the House of Representatives unless he is a
natural-born citizen of the Philippines and, on
the day of the election, is at least twenty-five
years of age, able to read and write, and,
except the party-list representatives, a
registered voter in the district in which he shall
be elected, and a resident thereof for a period
of not less than one year immediately
preceding the day of the election.
SECTION 7. The Members of the House of
Representatives shall be elected for a term of
three years which shall begin, unless otherwise
provided by law, at noon on the thirtieth day of
June next following their election.
No member of the House of Representatives
shall serve for more than three consecutive
terms. Voluntary renunciation of the office for
any length of time shall not be considered as
an interruption in the continuity of his service
for the full term for which he was elected.
SECTION 8. Unless otherwise provided by law,
the regular election of the Senators and the
Members of the House of Representatives
shall be held on the second Monday of May.
SECTION 9. In case of vacancy in the Senate
or in the House of Representatives, a special
election may be called to fill such vacancy in
the manner prescribed by law, but the Senator
or Member of the House of Representatives
thus elected shall serve only for the unexpired
term.
SECTION 10. The salaries of Senators and
Members of the House of Representatives
shall be determined by law. No increase in said
compensation shall take effect until after the
expiration of the full term of all the Members of
the Senate and the House of Representatives
approving such increase.
SECTION 11. A Senator or Member of the
House of Representatives shall, in all offenses
punishable by not more than six years
imprisonment, be privileged from arrest while
the Congress is in session. No Member shall
be questioned nor be held liable in any other
place for any speech or debate in the
Congress or in any committee thereof.
SECTION 12. All Members of the Senate and
the House of Representatives shall, upon
assumption of office, make a full disclosure of
their financial and business interests. They
shall notify the House concerned of a potential
conflict of interest that may arise from the filing
of a proposed legislation of which they are
authors.
SECTION 13. No Senator or Member of the
House of Representatives may hold any other
office or employment in the Government, or
any subdivision, agency, or instrumentality
thereof, including government-owned or
controlled corporations or their subsidiaries,
during his term without forfeiting his seat.
Neither shall he be appointed to any office
which may have been created or the
emoluments thereof increased during the term
for which he was elected.
SECTION 14. No Senator or Member of the
House of Representatives may personally
appear as counsel before any court of justice
or before the Electoral Tribunals, or
quasi-judicial and other administrative bodies.
Neither shall he, directly or indirectly, be
interested financially in any contract with, or in
any franchise or special privilege granted by
the Government, or any subdivision, agency, or
instrumentality thereof, including any
government-owned or controlled corporation,
or its subsidiary, during his term of office. He
shall not intervene in any matter before any
office of the Government for his pecuniary
benefit or where he may be called upon to act
on account of his office.
SECTION 15. The Congress shall convene
once every year on the fourth Monday of July
for its regular session, unless a different date is
fixed by law, and shall continue to be in
session for such number of days as it may
determine until thirty days before the opening
of its next regular session, exclusive of
Saturdays, Sundays, and legal holidays. The
President may call a special session at any
time.
SECTION 16. (1) The Senate shall elect its
President and the House of Representatives its
Speaker, by a majority vote of all its respective
Members.
Each House shall choose such other officers
as it may deem necessary.
(2) A majority of each House shall constitute a
quorum to do business, but a smaller number
may adjourn from day to day and may compel
the attendance of absent Members in such
manner, and under such penalties, as such
House may provide.
(3) Each House may determine the rules of its
proceedings, punish its Members for disorderly
behavior, and, with the concurrence of
two-thirds of all its Members, suspend or expel
a Member. A penalty of suspension, when
imposed, shall not exceed sixty days.
(4) Each House shall keep a Journal of its
proceedings, and from time to time publish the
same, excepting such parts as may, in its
judgment, affect national security; and the yeas
and nays on any question shall, at the request
of one-fifth of the Members present, be entered
in the Journal.
Each House shall also keep a Record of its
proceedings.
(5) Neither House during the sessions of the
Congress shall, without the consent of the
other, adjourn for more than three days, nor to
any other place than that in which the two
Houses shall be sitting.
SECTION 17. The Senate and the House of
Representatives shall each have an Electoral
Tribunal which shall be the sole judge of all
contests relating to the election, returns, and
qualifications of their respective Members.
Each Electoral Tribunal shall be composed of
nine Members, three of whom shall be Justices
of the Supreme Court to be designated by the
Chief Justice, and the remaining six shall be
Members of the Senate or the House of
Representatives, as the case may be, who
shall be chosen on the basis of proportional
representation from the political parties and the
parties or organizations registered under the
party-list system represented therein. The
senior Justice in the Electoral Tribunal shall be
its Chairman.
SECTION 18. There shall be a Commission on
Appointments consisting of the President of the
Senate, as ex officio Chairman, twelve
Senators and twelve Members of the House of
Representatives, elected by each House on
the basis of proportional representation from
the political parties and parties or organizations
registered under the party-list system
represented therein. The Chairman of the
Commission shall not vote, except in case of a
tie. The Commission shall act on all
appointments submitted to it within thirty
session days of the Congress from their
submission. The Commission shall rule by a
majority vote of all the Members.
SECTION 19. The Electoral Tribunals and the
Commission on Appointments shall be
constituted within thirty days after the Senate
and the House of Representatives shall have
been organized with the election of the
President and the Speaker. The Commission
on Appointments shall meet only while the
Congress is in session, at the call of its
Chairman or a majority of all its Members, to
discharge such powers and functions as are
herein conferred upon it.
SECTION 20. The records and books of
accounts of the Congress shall be preserved
and be open to the public in accordance with
law, and such books shall be audited by the
Commission on Audit which shall publish
annually an itemized list of amounts paid to
and expenses incurred for each Member.
SECTION 21. The Senate or the House of
Representatives or any of its respective
committees may conduct inquiries in aid of
legislation in accordance with its duly published
rules of procedure. The rights of persons
appearing in or affected by such inquiries shall
be respected.
SECTION 22. The heads of departments may
upon their own initiative, with the consent of
the President, or upon the request of either
House, as the rules of each House shall
provide, appear before and be heard by such
House on any matter pertaining to their
departments. Written questions shall be
submitted to the President of the Senate or the
Speaker of the House of Representatives at
least three days before their scheduled
appearance. Interpellations shall not be limited
to written questions, but may cover matters
related thereto. When the security of the State
or the public interest so requires and the
President so states in writing, the appearance
shall be conducted in executive session.
SECTION 23. (1) The Congress, by a vote of
two-thirds of both Houses in joint session
assembled, voting separately, shall have the
sole power to declare the existence of a state
of war.
(2) In times of war or other national emergency,
the Congress may, by law, authorize the
President, for a limited period and subject to
such restrictions as it may prescribe, to
exercise powers necessary and proper to carry
out a declared national policy. Unless sooner
withdrawn by resolution of the Congress, such
powers shall cease upon the next adjournment
thereof.
SECTION 24. All appropriation, revenue or
tariff bills, bills authorizing increase of the
public debt, bills of local application, and
private bills shall originate exclusively in the
House of Representatives, but the Senate may
propose or concur with amendments.
SECTION 25. (1) The Congress may not
increase the appropriations recommended by
the President for the operation of the
Government as specified in the budget. The
form, content, and manner of preparation of the
budget shall be prescribed by law.
(2) No provision or enactment shall be
embraced in the general appropriations bill
unless it relates specifically to some particular
appropriation therein. Any such provision or
enactment shall be limited in its operation to
the appropriation to which it relates.
(3) The procedure in approving appropriations
for the Congress shall strictly follow the
procedure for approving appropriations for
other departments and agencies.
(4) A special appropriations bill shall specify
the purpose for which it is intended, and shall
be supported by funds actually available as
certified by the National Treasurer, or to be
raised by a corresponding revenue proposed
therein.
(5) No law shall be passed authorizing any
transfer of appropriations; however, the
President, the President of the Senate, the
Speaker of the House of Representatives, the
Chief Justice of the Supreme Court, and the
heads of Constitutional Commissions may, by
law, be authorized to augment any item in the
general appropriations law for their respective
offices from savings in other items of their
respective appropriations.
(6) Discretionary funds appropriated for
particular officials shall be disbursed only for
public purposes to be supported by appropriate
vouchers and subject to such guidelines as
may be prescribed by law.
(7) If, by the end of any fiscal year, the
Congress shall have failed to pass the general
appropriations bill for the ensuing fiscal year,
the general appropriations law for the
preceding fiscal year shall be deemed
reenacted and shall remain in force and effect
until the general appropriations bill is passed
by the Congress.
SECTION 26. (1) Every bill passed by the
Congress shall embrace only one subject
which shall be expressed in the title thereof.
(2) No bill passed by either House shall
become a law unless it has passed three
readings on separate days, and printed copies
thereof in its final form have been distributed to
its Members three days before its passage,
except when the President certifies to the
necessity of its immediate enactment to meet a
public calamity or emergency. Upon the last
reading of a bill, no amendment thereto shall
be allowed, and the vote thereon shall be taken
immediately thereafter, and the yeas and nays
entered in the Journal.
SECTION 27. (1) Every bill passed by the
Congress shall, before it becomes a law, be
presented to the President. If he approves the
same, he shall sign it; otherwise, he shall veto
it and return the same with his objections to the
House where it originated, which shall enter
the objections at large in its Journal and
proceed to reconsider it. If, after such
reconsideration, two-thirds of all the Members
of such House shall agree to pass the bill, it
shall be sent, together with the objections, to
the other House by which it shall likewise be
reconsidered, and if approved by two-thirds of
all the Members of that House, it shall become
a law. In all such cases, the votes of each
House shall be determined by yeas or nays,
and the names of the Members voting for or
against shall be entered in its Journal. The
President shall communicate his veto of any
bill to the House where it originated within thirty
days after the date of receipt thereof;
otherwise, it shall become a law as if he had
signed it.
(2) The President shall have the power to veto
any particular item or items in an appropriation,
revenue, or tariff bill, but the veto shall not
affect the item or items to which he does not
object.
SECTION 28. (1) The rule of taxation shall be
uniform and equitable. The Congress shall
evolve a progressive system of taxation.
(2) The Congress may, by law, authorize the
President to fix within specified limits, and
subject to such limitations and restrictions as it
may impose, tariff rates, import and export
quotas, tonnage and wharfage dues, and other
duties or imposts within the framework of the
national development program of the
Government.
(3) Charitable institutions, churches and
parsonages or convents appurtenant thereto,
mosques, non-profit cemeteries, and all lands,
buildings, and improvements, actually, directly,
and exclusively used for religious, charitable,
or educational purposes shall be exempt from
taxation.
(4) No law granting any tax exemption shall be
passed without the concurrence of a majority of
all the Members of the Congress.
SECTION 29. (1) No money shall be paid out
of the Treasury except in pursuance of an
appropriation made by law.
(2) No public money or property shall be
appropriated, applied, paid, or employed,
directly or indirectly, for the use, benefit, or
support of any sect, church, denomination,
sectarian institution, or system of religion, or of
any priest, preacher, minister, or other religious
teacher, or dignitary as such, except when
such priest, preacher, minister, or dignitary is
assigned to the armed forces, or to any penal
institution, or government orphanage or
leprosarium.
(3) All money collected on any tax levied for a
special purpose shall be treated as a special
fund and paid out for such purpose only. If the
purpose for which a special fund was created
has been fulfilled or abandoned, the balance, if
any, shall be transferred to the general funds of
the Government.
SECTION 30. No law shall be passed
increasing the appellate jurisdiction of the
Supreme Court as provided in this Constitution
without its advice and concurrence.
SECTION 31. No law granting a title of royalty
or nobility shall be enacted.
SECTION 32. The Congress shall, as early as
possible, provide for a system of initiative and
referendum, and the exceptions therefrom,
whereby the people can directly propose and
enact laws or approve or reject any act or law
or part thereof passed by the Congress or local
legislative body after the registration of a
petition therefor signed by at least ten 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 thereof.
ARTICLE VII
Executive Department
SECTION 1. The executive power shall be
vested in the President of the Philippines.
SECTION 2. No person may be elected
President unless he is a natural-born citizen of
the Philippines, a registered voter, able to read
and write, at least forty years of age on the day
of the election, and a resident of the
Philippines for at least ten years immediately
preceding such election.
SECTION 3. There shall be a Vice-President
who shall have the same qualifications and
term of office and be elected with and in the
same manner as the President. He may be
removed from office in the same manner as the
President.
The Vice-President may be appointed as a
Member of the Cabinet. Such appointment
requires no confirmation.
SECTION 4. The President and the
Vice-President shall be elected by direct vote
of the people for a term of six years which shall
begin at noon on the thirtieth day of June next
following the day of the election and shall end
at noon of the same date six years thereafter.
The President shall not be eligible for any
reelection. No person who has succeeded as
President and has served as such for more
than four years shall be qualified for election to
the same office at any time.
No Vice-President shall serve for more than
two consecutive terms. Voluntary renunciation
of the office for any length of time shall not be
considered as an interruption in the continuity
of the service for the full term for which he was
elected.
Unless otherwise provided by law, the regular
election for President and Vice-President shall
be held on the second Monday of May.
The returns of every election for President and
Vice-President, duly certified by the board of
canvassers of each province or city, shall be
transmitted to the Congress, directed to the
President of the Senate. Upon receipt of the
certificates of canvass, the President of the
Senate shall, not later than thirty days after the
day of the election, open all certificates in the
presence of the Senate and the House of
Representatives in joint public session, and the
Congress, upon determination of the
authenticity and due execution thereof in the
manner provided by law, canvass the votes.
The person having the highest number of votes
shall be proclaimed elected, but in case two or
more shall have an equal and highest number
of votes, one of them shall forthwith be chosen
by the vote of a majority of all the Members of
both Houses of the Congress, voting
separately.
The Congress shall promulgate its rules for the
canvassing of the certificates.
The Supreme Court, sitting en banc, shall be
the sole judge of all contests relating to the
election, returns, and qualifications of the
President or Vice- President, and may
promulgate its rules for the purpose.
SECTION 5. Before they enter on the
execution of their office, the President, the
Vice-President, or the Acting President shall
take the following oath or affirmation:
“I do solemnly swear (or affirm) that I will
faithfully and conscientiously fulfill my duties as
President (or Vice-President or Acting
President) of the Philippines, preserve and
defend its Constitution, execute its laws, do
justice to every man, and consecrate myself to
the service of the Nation. So help me God.” (In
case of affirmation, last sentence will be
omitted.)
SECTION 6. The President shall have an
official residence. The salaries of the President
and Vice-President shall be determined by law
and shall not be decreased during their tenure.
No increase in said compensation shall take
effect until after the expiration of the term of the
incumbent during which such increase was
approved. They shall not receive during their
tenure any other emolument from the
Government or any other source.
SECTION 7. The President-elect and the
Vice-President-elect shall assume office at the
beginning of their terms.
If the President-elect fails to qualify, the
Vice-President-elect shall act as President until
the President-elect shall have qualified.
If a President shall not have been chosen, the
Vice-President-elect shall act as President until
a President shall have been chosen and
qualified.
If at the beginning of the term of the President,
the President-elect shall have died or shall
have become permanently disabled, the
Vice-President-elect shall become President.
Where no President and Vice-President shall
have been chosen or shall have qualified, or
where both shall have died or become
permanently disabled, the President of the
Senate or, in case of his inability, the Speaker
of the House of Representatives shall act as
President until a President or a Vice-President
shall have been chosen and qualified.
The Congress shall, by law, provide for the
manner in which one who is to act as President
shall be selected until a President or a
Vice-President shall have qualified, in case of
death, permanent disability, or inability of the
officials mentioned in the next preceding
paragraph.
SECTION 8. In case of death, permanent
disability, removal from office, or resignation of
the President, the Vice-President shall become
the President to serve the unexpired term. In
case of death, permanent disability, removal
from office, or resignation of both the President
and Vice-President, the President of the
Senate or, in case of his inability, the Speaker
of the House of Representatives, shall then act
as President until the President or
Vice-President shall have been elected and
qualified.
The Congress shall, by law, provide who shall
serve as President in case of death, permanent
disability, or resignation of the Acting President.
He shall serve until the President or the
Vice-President shall have been elected and
qualified, and be subject to the same
restrictions of powers and disqualifications as
the Acting President.
SECTION 9. Whenever there is a vacancy in
the Office of the Vice-President during the term
for which he was elected, the President shall
nominate a Vice-President from among the
Members of the Senate and the House of
Representatives who shall assume office upon
confirmation by a majority vote of all the
Members of both Houses of the Congress,
voting separately.
SECTION 10. The Congress shall, at ten
o’clock in the morning of the third day after the
vacancy in the offices of the President and
Vice-President occurs, convene in accordance
with its rules without need of a call and within
seven days enact a law calling for a special
election to elect a President and a
Vice-President to be held not earlier than
forty-five days nor later than sixty days from
the time of such call. The bill calling such
special election shall be deemed certified
under paragraph 2, Section 26, Article VI of
this Constitution and shall become law upon its
approval on third reading by the Congress.
Appropriations for the special election shall be
charged against any current appropriations and
shall be exempt from the requirements of
paragraph 4, Section 25, Article VI of this
Constitution. The convening of the Congress
cannot be suspended nor the special election
postponed. No special election shall be called
if the vacancy occurs within eighteen months
before the date of the next presidential
election.
SECTION 11. Whenever the President
transmits to the President of the Senate and
the Speaker of the House of Representatives
his written declaration that he is unable to
discharge the powers and duties of his office,
and until he transmits to them a written
declaration to the contrary, such powers and
duties shall be discharged by the
Vice-President as Acting President.
Whenever a majority of all the Members of the
Cabinet transmit to the President of the Senate
and to the Speaker of the House of
Representatives their written declaration that
the President is unable to discharge the
powers and duties of his office, the
Vice-President shall immediately assume the
powers and duties of the office as Acting
President.
Thereafter, when the President transmits to the
President of the Senate and to the Speaker of
the House of Representatives his written
declaration that no inability exists, he shall
reassume the powers and duties of his office.
Meanwhile, should a majority of all the
Members of the Cabinet transmit within five
days to the President of the Senate and to the
Speaker of the House of Representatives their
written declaration that the President is unable
to discharge the powers and duties of his
office, the Congress shall decide the issue. For
that purpose, the Congress shall convene, if it
is not in session, within forty-eight hours, in
accordance with its rules and without need of
call.
If the Congress, within ten days after receipt of
the last written declaration, or, if not in session,
within twelve days after it is required to
assemble, determines by a two-thirds vote of
both Houses, voting separately, that the
President is unable to discharge the powers
and duties of his office, the Vice-President shall
act as the President; otherwise, the President
shall continue exercising the powers and duties
of his office.
SECTION 12. In case of serious illness of the
President, the public shall be informed of the
state of his health. The Members of the
Cabinet in charge of national security and
foreign relations and the Chief of Staff of the
Armed Forces of the Philippines, shall not be
denied access to the President during such
illness.
SECTION 13. The President, Vice-President,
the Members of the Cabinet, and their deputies
or assistants shall not, unless otherwise
provided in this Constitution, hold any other
office or employment during their tenure. They
shall not, during said tenure, directly or
indirectly, practice any other profession,
participate in any business, or be financially
interested in any contract with, or in any
franchise, or special privilege granted by the
Government or any subdivision, agency, or
instrumentality thereof, including
government-owned or controlled corporations
or their subsidiaries. They shall strictly avoid
conflict of interest in the conduct of their office.
The spouse and relatives by consanguinity or
affinity within the fourth civil degree of the
President shall not during his tenure be
appointed as members of the Constitutional
Commissions, or the Office of the
Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of
bureaus or offices, including
government-owned or controlled corporations
and their subsidiaries.
SECTION 14. Appointments extended by an
Acting President shall remain effective, unless
revoked by the elected President within ninety
days from his assumption or reassumption of
office.
SECTION 15. Two months immediately before
the next presidential elections and up to the
end of his term, a President or Acting President
shall not make appointments, except
temporary appointments to executive positions
when continued vacancies therein will
prejudice public service or endanger public
safety.
SECTION 16. The President shall nominate
and, with the consent of the Commission on
Appointments, appoint the heads of the
executive departments, ambassadors, other
public ministers and consuls, or officers of the
armed forces from the rank of colonel or naval
captain, and other officers whose appointments
are vested in him in this Constitution. He shall
also appoint all other officers of the
Government whose appointments are not
otherwise provided for by law, and those whom
he may be authorized by law to appoint. The
Congress may, by law, vest the appointment of
other officers lower in rank in the President
alone, in the courts, or in the heads of
departments, agencies, commissions, or
boards.
The President shall have the power to make
appointments during the recess of the
Congress, whether voluntary or compulsory,
but such appointments shall be effective only
until after disapproval by the Commission on
Appointments or until the next adjournment of
the Congress.
SECTION 17. The President shall have control
of all the executive departments, bureaus, and
offices. He shall ensure that the laws be
faithfully executed.
SECTION 18. The President shall be the
Commander-in-Chief of all armed forces of the
Philippines and whenever it becomes
necessary, he may call out such armed forces
to prevent or suppress lawless violence,
invasion or rebellion. In case of invasion or
rebellion, when the public safety requires it, he
may, for a period not exceeding sixty days,
suspend the privilege of the writ of habeas
corpus or place the Philippines or any part
thereof under martial law. Within forty-eight
hours from the proclamation of martial law or
the suspension of the privilege of the writ of
habeas corpus, the President shall submit a
report in person or in writing to the Congress.
The Congress, voting jointly, by a vote of at
least a majority of all its Members in regular or
special session, may revoke such proclamation
or suspension, which revocation shall not be
set aside by the President. Upon the initiative
of the President, the Congress may, in the
same manner, extend such proclamation or
suspension for a period to be determined by
the Congress, if the invasion or rebellion shall
persist and public safety requires it.
The Congress, if not in session, shall, within
twenty-four hours following such proclamation
or suspension, convene in accordance with its
rules without any need of a call.
The Supreme Court may 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, and must promulgate its decision
thereon within thirty days from its filing.
A state of martial law does not suspend the
operation of the Constitution, nor supplant the
functioning of the civil courts or legislative
assemblies, nor authorize the conferment of
jurisdiction on military courts and agencies
over civilians where civil courts are able to
function, nor automatically suspend the
privilege of the writ.
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 the suspension of the privilege of the
writ, any person thus arrested or detained shall
be judicially charged within three days,
otherwise he shall be released.
SECTION 19. Except in cases of
impeachment, or as otherwise provided in this
Constitution, the President may grant
reprieves, commutations and pardons, and
remit fines and forfeitures, after conviction by
final judgment.
He shall also have the power to grant amnesty
with the concurrence of a majority of all the
Members of the Congress.
SECTION 20. The President may contract or
guarantee foreign loans on behalf of the
Republic of the Philippines with the prior
concurrence of the Monetary Board, and
subject to such limitations as may be provided
by law. The Monetary Board shall, within thirty
days from the end of every quarter of the
calendar year, submit to the Congress a
complete report of its decisions on applications
for loans to be contracted or guaranteed by the
Government or government-owned and
controlled corporations which would have the
effect of increasing the foreign debt, and
containing other matters as may be provided
by law.
SECTION 21. No treaty or international
agreement shall be valid and effective unless
concurred in by at least two-thirds of all the
Members of the Senate.
SECTION 22. The President shall submit to the
Congress within thirty days from the opening of
every regular session, as the basis of the
general appropriations bill, a budget of
expenditures and sources of financing,
including receipts from existing and proposed
revenue measures.
SECTION 23. The President shall address the
Congress at the opening of its regular session.
He may also appear before it at any other time.
ARTICLE VIII
Judicial Department
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.
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.
(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 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 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.
ARTICLE IX
Constitutional Commissions
A. Common Provisions
SECTION 1. The Constitutional Commissions,
which shall be independent, are the Civil
Service Commission, the Commission on
Elections, and the Commission on Audit.
SECTION 2. No Member of a Constitutional
Commission shall, during his tenure, hold any
other office or employment. Neither shall he
engage in the practice of any profession or in
the active management or control of any
business which in any way be affected by the
functions of his office, nor shall he be
financially interested, directly or indirectly, in
any contract with, or in any franchise or
privilege granted by the Government, any of its
subdivisions, agencies, or instrumentalities,
including government-owned or controlled
corporations or their subsidiaries.
SECTION 3. The salary of the Chairman and
the Commissioners shall be fixed by law and
shall not be decreased during their tenure.
SECTION 4. The Constitutional Commissions
shall appoint their officials and employees in
accordance with law.
SECTION 5. The Commission shall enjoy fiscal
autonomy. Their approved annual
appropriations shall be automatically and
regularly released.
SECTION 6. Each Commission en banc may
promulgate its own rules concerning pleadings
and practice before it or before any of its
offices. Such rules however shall not diminish,
increase, or modify substantive rights.
SECTION 7. Each Commission shall decide by
a majority vote of all its Members any case or
matter brought before it within sixty days from
the date of its submission for decision or
resolution. A case or matter is deemed
submitted for decision or resolution upon the
filing of the last pleading, brief, or
memorandum required by the rules of the
Commission or by the Commission itself.
Unless otherwise provided by this Constitution
or by law, any decision, order, or ruling of each
Commission may be brought to the Supreme
Court on certiorari by the aggrieved party
within thirty days from receipt of a copy thereof.
SECTION 8. Each Commission shall perform
such other functions as may be provided by
law.
B. The Civil Service Commission
SECTION 1. (1) The Civil Service shall be
administered by the Civil Service Commission
composed of a Chairman and two
Commissioners who shall be natural-born
citizens of the Philippines and, at the time of
their appointment, at least thirty-five years of
age, with proven capacity for public
administration, and must not have been
candidates for any elective position in the
elections immediately preceding their
appointment.
(2) The Chairman and the Commissioners shall
be appointed by the President with the consent
of the Commission on Appointments for a term
of seven years without reappointment. Of those
first appointed, the Chairman shall hold office
for seven years, a Commissioner for five years,
and another Commissioner for three years,
without reappointment. Appointment to any
vacancy shall be only for the unexpired term of
the predecessor. In no case shall any Member
be appointed or designated in a temporary or
acting capacity.
SECTION 2. (1) The civil service embraces all
branches, subdivisions, instrumentalities, and
agencies of the Government, including
government-owned or controlled corporations
with original charters.
(2) Appointments in the civil service shall be
made only according to merit and fitness to be
determined, as far as practicable, and, except
to positions which are policy-determining,
primarily confidential, or highly technical, by
competitive examination.
(3) No officer or employee of the civil service
shall be removed or suspended except for
cause provided by law.
(4) No officer or employee in the civil service
shall engage, directly or indirectly, in any
electioneering or partisan political campaign.
(5) The right to self-organization shall not be
denied to government employees.
(6) Temporary employees of the Government
shall be given such protection as may be
provided by law.
SECTION 3. The Civil Service Commission, as
the central personnel agency of the
Government, shall establish a career service
and adopt measures to promote morale,
efficiency, integrity, responsiveness,
progressiveness, and courtesy in the civil
service. It shall strengthen the merit and
rewards system, integrate all human resources
development programs for all levels and ranks,
and institutionalize a management climate
conducive to public accountability. It shall
submit to the President and the Congress an
annual report on its personnel programs.
SECTION 4. All public officers and employees
shall take an oath or affirmation to uphold and
defend this Constitution.
SECTION 5. The Congress shall provide for
the standardization of compensation of
government officials and employees, including
those in government-owned or controlled
corporations with original charters, taking into
account the nature of the responsibilities
pertaining to, and the qualifications required for
their positions.
SECTION 6. No candidate who has lost in any
election shall, within one year after such
election, be appointed to any office in the
Government or any government-owned or
controlled corporations or in any of their
subsidiaries.
SECTION 7. No elective official shall be eligible
for appointment or designation in any capacity
to any public office or position during his
tenure.
Unless otherwise allowed by law or by the
primary functions of his position, no appointive
official shall hold any other office or
employment in the Government or any
subdivision, agency or instrumentality thereof,
including government-owned or controlled
corporations or their subsidiaries.
SECTION 8. No elective or appointive public
officer or employee shall receive additional,
double, or indirect compensation, unless
specifically authorized by law, nor accept
without the consent of the Congress, any
present, emolument, office, or title of any kind
from any foreign government.
Pensions or gratuities shall not be considered
as additional, double, or indirect compensation.
C. The Commission on Elections
SECTION 1. (1) There shall be a Commission
on Elections composed of a Chairman and six
Commissioners who shall be natural-born
citizens of the Philippines and, at the time of
their appointment, at least thirty-five years of
age, holders of a college degree, and must not
have been candidates for any elective position
in the immediately preceding elections.
However, a majority thereof, including the
Chairman, shall be Members of the Philippine
Bar who have been engaged in the practice of
law for at least ten years.
(2) The Chairman and the Commissioners shall
be appointed by the President with the consent
of the Commission on Appointments for a term
of seven years without reappointment. Of those
first appointed, three Members shall hold office
for seven years, two Members for five years,
and the last Members for three years, without
reappointment. Appointment to any vacancy
shall be only for the unexpired term of the
predecessor. In no case shall any Member be
appointed or designated in a temporary or
acting capacity.
SECTION 2. The Commission on Elections
shall exercise the following powers and
functions:
(1) Enforce and administer all laws and
regulations relative to the conduct of an
election, plebiscite, initiative, referendum, and
recall.
(2) Exercise exclusive original jurisdiction over
all contests relating to the elections, returns,
and qualifications of all elective regional,
provincial, and city officials, and appellate
jurisdiction over all contests involving elective
municipal officials decided by trial courts of
general jurisdiction, or involving elective
barangay officials decided by trial courts of
limited jurisdiction.
Decisions, final orders, or rulings of the
Commission on election contests involving
elective municipal and barangay offices shall
be final, executory, and not appealable.
(3) Decide, except those involving the right to
vote, all questions affecting elections, including
determination of the number and location of
polling places, appointment of election officials
and inspectors, and registration of voters.
(4) Deputize, with the concurrence of the
President, law enforcement agencies and
instrumentalities of the Government, including
the Armed Forces of the Philippines, for the
exclusive purpose of ensuring free, orderly,
honest, peaceful, and credible elections.
(5) Register, after sufficient publication, political
parties, organizations, or coalitions which, in
addition to other requirements, must present
their platform or program of government; and
accredit citizens’ arms of the Commission on
Elections. Religious denominations and sects
shall not be registered. Those which seek to
achieve their goals through violence or
unlawful means, or refuse to uphold and
adhere to this Constitution, or which are
supported by any foreign government shall
likewise be refused registration.
Financial contributions from foreign
governments and their agencies to political
parties, organizations, coalitions, or candidates
related to elections constitute interference in
national affairs, and, when accepted, shall be
an additional ground for the cancellation of
their registration with the Commission, in
addition to other penalties that may be
prescribed by law.
(6) File, upon a verified complaint, or on its
own initiative, petitions in court for inclusion or
exclusion of voters; investigate and, where
appropriate, prosecute cases of violations of
election laws, including acts or omissions
constituting election frauds, offenses, and
malpractices.
(7) Recommend to the Congress effective
measures to minimize election spending,
including limitation of places where
propaganda materials shall be posted, and to
prevent and penalize all forms of election
frauds, offenses, malpractices, and nuisance
candidacies.
(8) Recommend to the President the removal
of any officer or employee it has deputized, or
the imposition of any other disciplinary action,
for violation or disregard of, or disobedience to
its directive, order, or decision.
(9) Submit to the President and the Congress a
comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or
recall.
SECTION 3. The Commission on Elections
may sit en banc or in two divisions, and shall
promulgate its rules of procedure in order to
expedite disposition of election cases,
including pre-proclamation controversies. All
such election cases shall be heard and
decided in division, provided that motions for
reconsideration of decisions shall be decided
by the Commission en banc.
SECTION 4. The Commission may, during the
election period, supervise or regulate the
enjoyment or utilization of all franchises or
permits for the operation of transportation and
other public utilities, media of communication
or information, all grants, special privileges, or
concessions granted by the Government or
any subdivision, agency, or instrumentality
thereof, including any government-owned or
controlled corporation or its subsidiary. Such
supervision or regulation shall aim to ensure
equal opportunity, time, and space, and the
right to reply, including reasonable, equal rates
therefor, for public information campaigns and
forums among candidates in connection with
the objective of holding free, orderly, honest,
peaceful, and credible elections.
SECTION 5. No pardon, amnesty, parole, or
suspension of sentence for violation of election
laws, rules, and regulations shall be granted by
the President without the favorable
recommendation of the Commission.
SECTION 6. A free and open party system
shall be allowed to evolve according to the free
choice of the people, subject to the provisions
of this Article.
SECTION 7. No votes cast in favor of a
political party, organization, or coalition shall be
valid, except for those registered under the
party-list system as provided in this
Constitution.
SECTION 8. Political parties, or organizations
or coalitions registered under the party-list
system, shall not be represented in the voters’
registration boards, boards of election
inspectors, boards of canvassers, or other
similar bodies. However, they shall be entitled
to appoint poll watchers in accordance with
law.
SECTION 9. Unless otherwise fixed by the
Commission in special cases, the election
period shall commence ninety days before the
day of the election and shall end thirty days
after.
SECTION 10. Bona fide candidates for any
public office shall be free from any form of
harassment and discrimination.
SECTION 11. Funds certified by the
Commission as necessary to defray the
expenses for holding regular and special
elections, plebiscites, initiatives, referenda, and
recalls, shall be provided in the regular or
special appropriations and, once approved,
shall be released automatically upon
certification by the Chairman of the
Commission.
D. Commission on Audit
SECTION 1. (1) There shall be a Commission
on Audit composed of a Chairman and two
Commissioners, who shall be natural-born
citizens of the Philippines and, at the time of
their appointment, at least thirty-five years of
age, certified public accountants with not less
than ten years of auditing experience, or
members of the Philippine Bar who have been
engaged in the practice of law for at least ten
years, and must not have been candidates for
any elective position in the elections
immediately preceding their appointment. At no
time shall all Members of the Commission
belong to the same profession.
(2) The Chairman and the Commissioners shall
be appointed by the President with the consent
of the Commission on Appointments for a term
of seven years without reappointment. Of those
first appointed, the Chairman shall hold office
for seven years, one Commissioner for five
years, and the other Commissioner for three
years, without reappointment. Appointment to
any vacancy shall be only for the unexpired
portion of the term of the predecessor. In no
case shall any Member be appointed or
designated in a temporary or acting capacity.
SECTION 2. (1) The Commission on Audit
shall have the power, authority, and duty to
examine, audit, and settle all accounts
pertaining to the revenue and receipts of, and
expenditures or uses of funds and property,
owned or held in trust by, or pertaining to, the
Government, or any of its subdivisions,
agencies, or instrumentalities, including
government-owned or controlled corporations
with original charters, and on a post-audit
basis: (a) constitutional bodies, commissions
and offices that have been granted fiscal
autonomy under this Constitution; (b)
autonomous state colleges and universities; (c)
other government-owned or controlled
corporations and their subsidiaries; and (d)
such non-governmental entities receiving
subsidy or equity, directly or indirectly, from or
through the Government, which are required by
law or the granting institution to submit to such
audit as a condition of subsidy or equity.
However, where the internal control system of
the audited agencies is inadequate, the
Commission may adopt such measures,
including temporary or special pre-audit, as are
necessary and appropriate to correct the
deficiencies. It shall keep the general accounts
of the Government and, for such period as may
be provided by law, preserve the vouchers and
other supporting papers pertaining thereto.
(2) The Commission shall have exclusive
authority, subject to the limitations in this
Article, to define the scope of its audit and
examination, establish the techniques and
methods required therefor, and promulgate
accounting and auditing rules and regulations,
including those for the prevention and
disallowance of irregular, unnecessary,
excessive, extravagant, or unconscionable
expenditures, or uses of government funds and
properties.
SECTION 3. No law shall be passed
exempting any entity of the Government or its
subsidiary in any guise whatever, or any
investment of public funds, from the jurisdiction
of the Commission on Audit.
SECTION 4. The Commission shall submit to
the President and the Congress, within the
time fixed by law, an annual report covering the
financial condition and operation of the
Government, its subdivisions, agencies, and
instrumentalities, including government-owned
or controlled corporations, and
non-governmental entities subject to its audit,
and recommend measures necessary to
improve their effectiveness and efficiency. It
shall submit such other reports as may be
required by law.
ARTICLE X
Local Government
General Provisions
SECTION 1. The territorial and political
subdivisions of the Republic of the Philippines
are the provinces, cities, municipalities, and
barangays. There shall be autonomous regions
in Muslim Mindanao and the Cordilleras as
hereinafter provided.
SECTION 2. The territorial and political
subdivisions shall enjoy local autonomy.
SECTION 3. The Congress shall enact a local
government code which shall provide for a
more responsive and accountable local
government structure instituted through a
system of decentralization with effective
mechanisms of recall, initiative, and
referendum, allocate among the different local
government units their powers, responsibilities,
and resources, and provide for the
qualifications, election, appointment and
removal, term, salaries, powers and functions
and duties of local officials, and all other
matters relating to the organization and
operation of the local units.
SECTION 4. The President of the Philippines
shall exercise general supervision over local
governments. Provinces with respect to
component cities and municipalities, and cities
and municipalities with respect to component
barangays shall ensure that the acts of their
component units are within the scope of their
prescribed powers and functions.
SECTION 5. Each local government unit shall
have the power to create its own sources of
revenues and to levy taxes, fees, and charges
subject to such guidelines and limitations as
the Congress may provide, consistent with the
basic policy of local autonomy. Such taxes,
fees, and charges shall accrue exclusively to
the local governments.
SECTION 6. Local government units shall have
a just share, as determined by law, in the
national taxes which shall be automatically
released to them.
SECTION 7. Local governments shall be
entitled to an equitable share in the proceeds
of the utilization and development of the
national wealth within their respective areas, in
the manner provided by law, including sharing
the same with the inhabitants by way of direct
benefits.
SECTION 8. The term of office of elective local
officials, except barangay officials, which shall
be determined by law, shall be three years and
no such official shall serve for more than three
consecutive terms. Voluntary renunciation of
the office for any length of time shall not be
considered as an interruption in the continuity
of his service for the full term for which he was
elected.
SECTION 9. Legislative bodies of local
governments shall have sectoral
representation as may be prescribed by law.
SECTION 10. No province, city, municipality, or
barangay may be created, divided, merged,
abolished, or its boundary substantially altered,
except in accordance with the criteria
established in the Local Government Code and
subject to approval by a majority of the votes
cast in a plebiscite in the political units directly
affected.
SECTION 11. The Congress may, by law,
create special metropolitan political
subdivisions, subject to a plebiscite as set forth
in Section 10 hereof. The component cities and
municipalities shall retain their basic autonomy
and shall be entitled to their own local
executives and legislative assemblies. The
jurisdiction of the metropolitan authority that
will hereby be created shall be limited to basic
services requiring coordination.
SECTION 12. Cities that are highly urbanized,
as determined by law, and component cities
whose charters prohibit their voters from voting
for provincial elective officials, shall be
independent of the province. The voters of
component cities within a province, whose
charters contain no such prohibition, shall not
be deprived of their right to vote for elective
provincial officials.
SECTION 13. Local government units may
group themselves, consolidate or coordinate
their efforts, services, and resources for
purposes commonly beneficial to them in
accordance with law.
SECTION 14. The President shall provide for
regional development councils or other similar
bodies composed of local government officials,
regional heads of departments and other
government offices, and representatives from
non-governmental organizations within the
regions for purposes of administrative
decentralization to strengthen the autonomy of
the units therein and to accelerate the
economic and social growth and development
of the units in the region.
Autonomous Region
SECTION 15. There shall be created
autonomous regions in Muslim Mindanao and
in the Cordilleras consisting of provinces,
cities, municipalities, and geographical areas
sharing common and distinctive historical and
cultural heritage, economic and social
structures, and other relevant characteristics
within the framework of this Constitution and
the national sovereignty as well as territorial
integrity of the Republic of the Philippines.
SECTION 16. The President shall exercise
general supervision over autonomous regions
to ensure that the laws are faithfully executed.
SECTION 17. All powers, functions, and
responsibilities not granted by this Constitution
or by law to the autonomous regions shall be
vested in the National Government.
SECTION 18. The Congress shall enact an
organic act for each autonomous region with
the assistance and participation of the regional
consultative commission composed of
representatives appointed by the President
from a list of nominees from multisectoral
bodies. The organic act shall define the basic
structure of government for the region
consisting of the executive department and
legislative assembly, both of which shall be
elective and representative of the constituent
political units. The organic acts shall likewise
provide for special courts with personal, family,
and property law jurisdiction consistent with the
provisions of this Constitution and national
laws.
The creation of the autonomous region shall be
effective when approved by majority of the
votes cast by the constituent units in a
plebiscite called for the purpose, provided that
only provinces, cities, and geographic areas
voting favorably in such plebiscite shall be
included in the autonomous region.
SECTION 19. The first Congress elected under
this Constitution shall, within eighteen months
from the time of organization of both Houses,
pass the organic acts for the autonomous
regions in Muslim Mindanao and the
Cordilleras.
SECTION 20. Within its territorial jurisdiction
and subject to the provisions of this
Constitution and national laws, the organic act
of autonomous regions shall provide for
legislative powers over:
(1) Administrative organization;
(2) Creation of sources of revenues;
(3) Ancestral domain and natural resources;
(4) Personal, family, and property relations;
(5) Regional urban and rural planning
development;
(6) Economic, social, and tourism
development;
(7) Educational policies;
(8) Preservation and development of the
cultural heritage; and
(9) Such other matters as may be authorized
by law for the promotion of the general welfare
of the people of the region.
SECTION 21. The preservation of peace and
order within the regions shall be the
responsibility of the local police agencies which
shall be organized, maintained, supervised,
and utilized in accordance with applicable laws.
The defense and security of the regions shall
be the responsibility of the National
Government.
ARTICLE XI
Accountability of Public Officers
SECTION 1. Public office is a public trust.
Public officers and employees must at all times
be accountable to the people, serve them with
utmost responsibility, integrity, loyalty, and
efficiency, act with patriotism and justice, and
lead modest lives.
SECTION 2. The President, the
Vice-President, the Members of the Supreme
Court, the Members of the Constitutional
Commissions, and the Ombudsman may be
removed from office, on impeachment for, and
conviction of, culpable violation of the
Constitution, treason, bribery, graft and
corruption, other high crimes, or betrayal of
public trust. All other public officers and
employees may be removed from office as
provided by law, but not by impeachment.
SECTION 3. (1) The House of Representatives
shall have the exclusive power to initiate all
cases of impeachment.
(2) A verified complaint for impeachment may
be filed by any Member of the House of
Representatives or by any citizen upon a
resolution of endorsement by any Member
thereof, which shall be included in the Order of
Business within ten session days, and referred
to the proper Committee within three session
days thereafter. The Committee, after hearing,
and by a majority vote of all its Members, shall
submit its report to the House within sixty
session days from such referral, together with
the corresponding resolution. The resolution
shall be calendared for consideration by the
House within ten session days from receipt
thereof.
(3) A vote of at least one-third of all the
Members of the House shall be necessary
either to affirm a favorable resolution with the
Articles of Impeachment of the Committee, or
override its contrary resolution. The vote of
each Member shall be recorded.
(4) In case the verified complaint or resolution
of impeachment is filed by at least one-third of
all the Members of the House, the same shall
constitute the Articles of Impeachment, and
trial by the Senate shall forthwith proceed.
(5) No impeachment proceedings shall be
initiated against the same official more than
once within a period of one year.
(6) The Senate shall have the sole power to try
and decide all cases of impeachment. When
sitting for that purpose, the Senators shall be
on oath or affirmation. When the President of
the Philippines is on trial, the Chief Justice of
the Supreme Court shall preside, but shall not
vote. No person shall be convicted without the
concurrence of two-thirds of all the Members of
the Senate.
(7) Judgment in cases of impeachment shall
not extend further than removal from office and
disqualification to hold any office under the
Republic of the Philippines, but the party
convicted shall nevertheless be liable and
subject to prosecution, trial, and punishment
according to law.
(8) The Congress shall promulgate its rules on
impeachment to effectively carry out the
purpose of this section.
SECTION 4. The present anti-graft court
known as the Sandiganbayan shall continue to
function and exercise its jurisdiction as now or
hereafter may be provided by law.
SECTION 5. There is hereby created the
independent Office of the Ombudsman,
composed of the Ombudsman to be known as
Tanodbayan, one overall Deputy and at least
one Deputy each for Luzon, Visayas, and
Mindanao. A separate Deputy for the military
establishment may likewise be appointed.
SECTION 6. The officials and employees of the
Office of the Ombudsman, other than the
Deputies, shall be appointed by the
Ombudsman according to the Civil Service
Law.
SECTION 7. The existing Tanodbayan shall
hereafter be known as the Office of the Special
Prosecutor. It shall continue to function and
exercise its powers as now or hereafter may be
provided by law, except those conferred on the
Office of the Ombudsman created under this
Constitution.
SECTION 8. The Ombudsman and his
Deputies shall be natural-born citizens of the
Philippines, and at the time of their
appointment, at least forty years old, of
recognized probity and independence, and
members of the Philippine Bar, and must not
have been candidates for any elective office in
the immediately preceding election. The
Ombudsman must have for ten years or more
been a judge or engaged in the practice of law
in the Philippines.
During their tenure, they shall be subject to the
same disqualifications and prohibitions as
provided for in Section 2 of Article IX-A of this
Constitution.
SECTION 9. The Ombudsman and his
Deputies shall be appointed by the President
from a list of at least six nominees prepared by
the Judicial and Bar Council, and from a list of
three nominees for every vacancy thereafter.
Such appointments shall require no
confirmation. All vacancies shall be filled within
three months after they occur.
SECTION 10. The Ombudsman and his
Deputies shall have the rank of Chairman and
Members, respectively, of the Constitutional
Commissions, and they shall receive the same
salary, which shall not be decreased during
their term of office.
SECTION 11. The Ombudsman and his
Deputies shall serve for a term of seven years
without reappointment. They shall not be
qualified to run for any office in the election
immediately succeeding their cessation from
office.
SECTION 12. The Ombudsman and his
Deputies, as protectors of the people, shall act
promptly on complaints filed in any form or
manner against public officials or employees of
the Government, or any subdivision, agency or
instrumentality thereof, including
government-owned or controlled corporations,
and shall, in appropriate cases, notify the
complainants of the action taken and the result
thereof.
SECTION 13. The Office of the Ombudsman
shall have the following powers, functions, and
duties:
(1) Investigate on its own, or on complaint by
any person, any act or omission of any public
official, employee, office or agency, when such
act or omission appears to be illegal, unjust,
improper, or inefficient.
(2) Direct, upon complaint or at its own
instance, any public official or employee of the
Government, or any subdivision, agency or
instrumentality thereof, as well as of any
government-owned or controlled corporation
with original charter, to perform and expedite
any act or duty required by law, or to stop,
prevent, and correct any abuse or impropriety
in the performance of duties.
(3) Direct the officer concerned to take
appropriate action against a public official or
employee at fault, and recommend his
removal, suspension, demotion, fine, censure,
or prosecution, and ensure compliance
therewith.
(4) Direct the officer concerned, in any
appropriate case, and subject to such
limitations as may be provided by law, to
furnish it with copies of documents relating to
contracts or transactions entered into by his
office involving the disbursement or use of
public funds or properties, and report any
irregularity to the Commission on Audit for
appropriate action.
(5) Request any government agency for
assistance and information necessary in the
discharge of its responsibilities, and to
examine, if necessary, pertinent records and
documents.
(6) Publicize matters covered by its
investigation when circumstances so warrant
and with due prudence.
(7) Determine the causes of inefficiency, red
tape, mismanagement, fraud, and corruption in
the Government and make recommendations
for their elimination and the observance of high
standards of ethics and efficiency.
(8) Promulgate its rules of procedure and
exercise such other powers or perform such
functions or duties as may be provided by law.
SECTION 14. The Office of the Ombudsman
shall enjoy fiscal autonomy. Its approved
annual appropriations shall be automatically
and regularly released.
SECTION 15. The right of the State to recover
properties unlawfully acquired by public
officials or employees, from them or from their
nominees or transferees, shall not be barred by
prescription, laches, or estoppel.
SECTION 16. No loan, guaranty, or other form
of financial accommodation for any business
purpose may be granted, directly or indirectly,
by any government-owned or controlled bank
or financial institution to the President, the
Vice-President, the Members of the Cabinet,
the Congress, the Supreme Court, and the
Constitutional Commissions, the Ombudsman,
or to any firm or entity in which they have
controlling interest, during their tenure.
SECTION 17. A public officer or employee
shall, upon assumption of office and as often
thereafter as may be required by law, submit a
declaration under oath of his assets, liabilities,
and net worth. In the case of the President, the
Vice-President, the Members of the Cabinet,
the Congress, the Supreme Court, the
Constitutional Commissions and other
constitutional offices, and officers of the armed
forces with general or flag rank, the declaration
shall be disclosed to the public in the manner
provided by law.
SECTION 18. Public officers and employees
owe the State and this Constitution allegiance
at all times, and any public officer or employee
who seeks to change his citizenship or acquire
the status of an immigrant of another country
during his tenure shall be dealt with by law.
ARTICLE XII
National Economy and Patrimony
SECTION 1. The goals of the national
economy are a more equitable distribution of
opportunities, income, and wealth; a sustained
increase in the amount of goods and services
produced by the nation for the benefit of the
people; and an expanding productivity as the
key to raising the quality of life for all,
especially the underprivileged.
The State shall promote industrialization and
full employment based on sound agricultural
development and agrarian reform, through
industries that make full and efficient use of
human and natural resources, and which are
competitive in both domestic and foreign
markets. However, the State shall protect
Filipino enterprises against unfair foreign
competition and trade practices.
In the pursuit of these goals, all sectors of the
economy and all regions of the country shall be
given optimum opportunity to develop. Private
enterprises, including corporations,
cooperatives, and similar collective
organizations, shall be encouraged to broaden
the base of their ownership.
SECTION 2. All lands of the public domain,
waters, minerals, coal, petroleum, and other
mineral oils, all forces of potential energy,
fisheries, forests or timber, wildlife, flora and
fauna, and other natural resources are owned
by the State. With the exception of agricultural
lands, all other natural resources shall not be
alienated. The exploration, development, and
utilization of natural resources shall be under
the full control and supervision of the State.
The State may directly undertake such
activities, or it may enter into co-production,
joint venture, or production-sharing
agreements with Filipino citizens, or
corporations or associations at least sixty per
centum of whose capital is owned by such
citizens. Such agreements may be for a period
not exceeding twenty-five years, renewable for
not more than twenty-five years, and under
such terms and conditions as may be provided
by law. In cases of water rights for irrigation,
water supply, fisheries, or industrial uses other
than the development of water power,
beneficial use may be the measure and limit of
the grant.
The State shall protect the nation’s marine
wealth in its archipelagic waters, territorial sea,
and exclusive economic zone, and reserve its
use and enjoyment exclusively to Filipino
citizens.
The Congress may, by law, allow small-scale
utilization of natural resources by Filipino
citizens, as well as cooperative fish farming,
with priority to subsistence fishermen and
fishworkers in rivers, lakes, bays, and lagoons.
The President may enter into agreements with
foreign-owned corporations involving either
technical or financial assistance for large-scale
exploration, development, and utilization of
minerals, petroleum, and other mineral oils
according to the general terms and conditions
provided by law, based on real contributions to
the economic growth and general welfare of
the country. In such agreements, the State
shall promote the development and use of local
scientific and technical resources.
The President shall notify the Congress of
every contract entered into in accordance with
this provision, within thirty days from its
execution.
SECTION 3. Lands of the public domain are
classified into agricultural, forest or timber,
mineral lands, and national parks. Agricultural
lands of the public domain may be further
classified by law according to the uses which
they may be devoted. Alienable lands of the
public domain shall be limited to agricultural
lands. Private corporations or associations may
not hold such alienable lands of the public
domain except by lease, for a period not
exceeding twenty-five years, renewable for not
more than twenty-five years, and not to exceed
one thousand hectares in area. Citizens of the
Philippines may lease not more than five
hundred hectares, or acquire not more than
twelve hectares thereof by purchase,
homestead, or grant.
Taking into account the requirements of
conservation, ecology, and development, and
subject to the requirements of agrarian reform,
the Congress shall determine, by law, the size
of lands of the public domain which may be
acquired, developed, held, or leased and the
conditions therefor.
SECTION 4. The Congress shall, as soon as
possible, determine by law the specific limits of
forest lands and national parks, marking clearly
their boundaries on the ground. Thereafter,
such forest lands and national parks shall be
conserved and may not be increased nor
diminished, except by law. The Congress shall
provide, for such period as it may determine,
measures to prohibit logging in endangered
forests and watershed areas.
SECTION 5. The State, subject to the
provisions of this Constitution and national
development policies and programs, shall
protect the rights of indigenous cultural
communities to their ancestral lands to ensure
their economic, social, and cultural well-being.
The Congress may provide for the applicability
of customary laws governing property rights or
relations in determining the ownership and
extent of ancestral domain.
SECTION 6. The use of property bears a social
function, and all economic agents shall
contribute to the common good. Individuals
and private groups, including corporations,
cooperatives, and similar collective
organizations, shall have the right to own,
establish, and operate economic enterprises,
subject to the duty of the State to promote
distributive justice and to intervene when the
common good so demands.
SECTION 7. Save in cases of hereditary
succession, no private lands shall be
transferred or conveyed except to individuals,
corporations, or associations qualified to
acquire or hold lands of the public domain.
SECTION 8. Notwithstanding the provisions of
Section 7 of this Article, a natural-born citizen
of the Philippines who has lost his Philippine
citizenship may be a transferee of private
lands, subject to limitations provided by law.
SECTION 9. The Congress may establish an
independent economic and planning agency
headed by the President, which shall, after
consultations with the appropriate public
agencies, various private sectors, and local
government units, recommend to Congress,
and implement continuing integrated and
coordinated programs and policies for national
development.
Until the Congress provides otherwise, the
National Economic and Development Authority
shall function as the independent planning
agency of the government.
SECTION 10. The Congress shall, upon
recommendation of the economic and planning
agency, when the national interest dictates,
reserve to citizens of the Philippines or to
corporations or associations at least sixty per
centum of whose capital is owned by such
citizens, or such higher percentage as
Congress may prescribe, certain areas of
investments. The Congress shall enact
measures that will encourage the formation
and operation of enterprises whose capital is
wholly owned by Filipinos.
In the grant of rights, privileges, and
concessions covering the national economy
and patrimony, the State shall give preference
to qualified Filipinos.
The State shall regulate and exercise authority
over foreign investments within its national
jurisdiction and in accordance with its national
goals and priorities.
SECTION 11. No franchise, certificate, or any
other form of authorization for the operation of
a public utility shall be granted except to
citizens of the Philippines or to corporations or
associations organized under the laws of the
Philippines at least sixty per centum of whose
capital is owned by such citizens, nor shall
such franchise, certificate, or authorization be
exclusive in character or for a longer period
than fifty years. Neither shall any such
franchise or right be granted except under the
condition that it shall be subject to amendment,
alteration, or repeal by the Congress when the
common good so requires. The State shall
encourage equity participation in public utilities
by the general public. The participation of
foreign investors in the governing body of any
public utility enterprise shall be limited to their
proportionate share in its capital, and all the
executive and managing officers of such
corporation or association must be citizens of
the Philippines.
SECTION 12. The State shall promote the
preferential use of Filipino labor, domestic
materials and locally produced goods, and
adopt measures that help make them
competitive.
SECTION 13. The State shall pursue a trade
policy that serves the general welfare and
utilizes all forms and arrangements of
exchange on the basis of equality and
reciprocity.
SECTION 14. The sustained development of a
reservoir of national talents consisting of
Filipino scientists, entrepreneurs,
professionals, managers, high-level technical
manpower and skilled workers and craftsmen
in all fields shall be promoted by the State. The
State shall encourage appropriate technology
and regulate its transfer for the national benefit.
The practice of all professions in the
Philippines shall be limited to Filipino citizens,
save in cases prescribed by law.
SECTION 15. The Congress shall create an
agency to promote the viability and growth of
cooperatives as instruments for social justice
and economic development.
SECTION 16. The Congress shall not, except
by general law, provide for the formation,
organization, or regulation of private
corporations. Government-owned or controlled
corporations may be created or established by
special charters in the interest of the common
good and subject to the test of economic
viability.
SECTION 17. In times of national emergency,
when the public interest so requires, the State
may, during the emergency and under
reasonable terms prescribed by it, temporarily
take over or direct the operation of any
privately owned public utility or business
affected with public interest.
SECTION 18. The State may, in the interest of
national welfare or defense, establish and
operate vital industries and, upon payment of
just compensation, transfer to public ownership
utilities and other private enterprises to be
operated by the Government.
SECTION 19. The State shall regulate or
prohibit monopolies when the public interest so
requires. No combinations in restraint of trade
or unfair competition shall be allowed.
SECTION 20. The Congress shall establish an
independent central monetary authority, the
members of whose governing board must be
natural-born Filipino citizens, of known probity,
integrity, and patriotism, the majority of whom
shall come from the private sector. They shall
also be subject to such other qualifications and
disabilities as may be prescribed by law. The
authority shall provide policy direction in the
areas of money, banking, and credit. It shall
have supervision over the operations of banks
and exercise such regulatory powers as may
be provided by law over the operations of
finance companies and other institutions
performing similar functions.
Until the Congress otherwise provides, the
Central Bank of the Philippines, operating
under existing laws, shall function as the
central monetary authority.
SECTION 21. Foreign loans may only be
incurred in accordance with law and the
regulation of the monetary authority.
Information on foreign loans obtained or
guaranteed by the Government shall be made
available to the public.
SECTION 22. Acts which circumvent or negate
any of the provisions of this Article shall be
considered inimical to the national interest and
subject to criminal and civil sanctions, as may
be provided by law.
ARTICLE XIII
Social Justice and Human Rights
SECTION 1. The Congress shall give highest
priority to the enactment of measures that
protect and enhance the right of all the people
to human dignity, reduce social, economic, and
political inequalities, and remove cultural
inequities by equitably diffusing wealth and
political power for the common good.
To this end, the State shall regulate the
acquisition, ownership, use, and disposition of
property and its increments.
SECTION 2. The promotion of social justice
shall include the commitment to create
economic opportunities based on freedom of
initiative and self-reliance.
Labor
SECTION 3. The State shall afford full
protection to labor, local and overseas,
organized and unorganized, and promote full
employment and equality of employment
opportunities for all.
It shall guarantee the rights of all workers to
self-organization, collective bargaining and
negotiations, and peaceful concerted activities,
including the right to strike in accordance with
law. They shall be entitled to security of tenure,
humane conditions of work, and a living wage.
They shall also participate in policy and
decision-making processes affecting their
rights and benefits as may be provided by law.
The State shall promote the principle of shared
responsibility between workers and employers
and the preferential use of voluntary modes in
settling disputes, including conciliation, and
shall enforce their mutual compliance therewith
to foster industrial peace.
The State shall regulate the relations between
workers and employers, recognizing the right
of labor to its just share in the fruits of
production and the right of enterprises to
reasonable returns on investments, and to
expansion and growth.
Agrarian and Natural Resources Reform
SECTION 4. The State shall, by law, undertake
an agrarian reform program founded on the
right of farmers and regular farmworkers, who
are landless, to own directly or collectively the
lands they till or, in the case of other
farmworkers, to receive a just share of the
fruits thereof. To this end, the State shall
encourage and undertake the just distribution
of all agricultural lands, subject to such
priorities and reasonable retention limits as the
Congress may prescribe, taking into account
ecological, developmental, or equity
considerations, and subject to the payment of
just compensation. In determining retention
limits, the State shall respect the right of small
landowners. The State shall further provide
incentives for voluntary land-sharing.
SECTION 5. The State shall recognize the
right of farmers, farmworkers, and landowners,
as well as cooperatives, and other independent
farmers’ organizations to participate in the
planning, organization, and management of the
program, and shall provide support to
agriculture through appropriate technology and
research, and adequate financial, production,
marketing, and other support services.
SECTION 6. The State shall apply the
principles of agrarian reform or stewardship,
whenever applicable in accordance with law, in
the disposition or utilization of other natural
resources, including lands of the public domain
under lease or concession suitable to
agriculture, subject to prior rights, homestead
rights of small settlers, and the rights of
indigenous communities to their ancestral
lands.
The State may resettle landless farmers and
farmworkers in its own agricultural estates
which shall be distributed to them in the
manner provided by law.
SECTION 7. The State shall protect the rights
of subsistence fishermen, especially of local
communities, to the preferential use of local
marine and fishing resources, both inland and
offshore. It shall provide support to such
fishermen through appropriate technology and
research, adequate financial, production, and
marketing assistance, and other services. The
State shall also protect, develop, and conserve
such resources. The protection shall extend to
offshore fishing grounds of subsistence
fishermen against foreign intrusion.
Fishworkers shall receive a just share from
their labor in the utilization of marine and
fishing resources.
SECTION 8. The State shall provide incentives
to landowners to invest the proceeds of the
agrarian reform program to promote
industrialization, employment creation, and
privatization of public sector enterprises.
Financial instruments used as payment for
their lands shall be honored as equity in
enterprises of their choice.
Urban Land Reform and Housing
SECTION 9. The State shall, by law, and for
the common good, undertake, in cooperation
with the public sector, a continuing program of
urban land reform and housing which will make
available at affordable cost decent housing and
basic services to underprivileged and
homeless citizens in urban centers and
resettlements areas. It shall also promote
adequate employment opportunities to such
citizens. In the implementation of such program
the State shall respect the rights of small
property owners.
SECTION 10. Urban or rural poor dwellers
shall not be evicted nor their dwellings
demolished, except in accordance with law and
in a just and humane manner.
No resettlement of urban or rural dwellers shall
be undertaken without adequate consultation
with them and the communities where they are
to be relocated.
Health
SECTION 11. The State shall adopt an
integrated and comprehensive approach to
health development which shall endeavor to
make essential goods, health and other social
services available to all the people at
affordable cost. There shall be priority for the
needs of the underprivileged sick, elderly,
disabled, women, and children. The State shall
endeavor to provide free medical care to
paupers.
SECTION 12. The State shall establish and
maintain an effective food and drug regulatory
system and undertake appropriate health
manpower development and research,
responsive to the country’s health needs and
problems.
SECTION 13. The State shall establish a
special agency for disabled persons for
rehabilitation, self-development and
self-reliance, and their integration into the
mainstream of society.
Women
SECTION 14. The State shall protect working
women by providing safe and healthful working
conditions, taking into account their maternal
functions, and such facilities and opportunities
that will enhance their welfare and enable them
to realize their full potential in the service of the
nation.
Role and Rights of People’s Organizations
SECTION 15. The State shall respect the role
of independent people’s organizations to
enable the people to pursue and protect, within
the democratic framework, their legitimate and
collective interests and aspirations through
peaceful and lawful means.
People’s organizations are bona fide
associations of citizens with demonstrated
capacity to promote the public interest and with
identifiable leadership, membership, and
structure.
SECTION 16. The right of the people and their
organizations to effective and reasonable
participation at all levels of social, political, and
economic decision-making shall not be
abridged. The State shall, by law, facilitate the
establishment of adequate consultation
mechanisms.
 Human Rights
SECTION 17. (1) There is hereby created an
independent office called the Commission on
Human Rights.
(2) The Commission shall be composed of a
Chairman and four Members who must be
natural-born citizens of the Philippines and a
majority of whom shall be members of the Bar.
The term of office and other qualifications and
disabilities of the Members of the Commission
shall be provided by law.
(3) Until this Commission is constituted, the
existing Presidential Committee on Human
Rights shall continue to exercise its present
functions and powers.
(4) The approved annual appropriations of the
Commission shall be automatically and
regularly released.
SECTION 18. The Commission on Human
Rights shall have the following powers and
functions:
(1) Investigate, on its own or on complaint by
any party, all forms of human rights violations
involving civil and political rights;
(2) Adopt its operational guidelines and rules of
procedure, and cite for contempt for violations
thereof in accordance with the Rules of Court;
(3) Provide appropriate legal measures for the
protection of human rights of all persons within
the Philippines, as well as Filipinos residing
abroad, and provide for preventive measures
and legal aid services to the underprivileged
whose human rights have been violated or
need protection;
(4) Exercise visitorial powers over jails,
prisons, or detention facilities;
(5) Establish a continuing program of research,
education, and information to enhance respect
for the primacy of human rights;
(6) Recommend to the Congress effective
measures to promote human rights and to
provide for compensation to victims of
violations of human rights, or their families;
(7) Monitor the Philippine Government’s
compliance with international treaty obligations
on human rights;
(8) Grant immunity from prosecution to any
person whose testimony or whose possession
of documents or other evidence is necessary
or convenient to determine the truth in any
investigation conducted by it or under its
authority;
(9) Request the assistance of any department,
bureau, office, or agency in the performance of
its functions;
(10) Appoint its officers and employees in
accordance with law; and
(11) Perform such other duties and functions as
may be provided by law.
SECTION 19. The Congress may provide for
other cases of violations of human rights that
should fall within the authority of the
Commission, taking into account its
recommendations.
ARTICLE XIV
Education, Science and Technology, Arts,
Culture, and Sports
Education
SECTION 1. The State 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.
SECTION 2. The State shall:
(1) Establish, maintain, and support a
complete, adequate, and integrated system of
education relevant to the needs of the people
and society;
(2) Establish and maintain a system of free
public education in the elementary and high
school levels. Without limiting the natural right
of parents to rear their children, elementary
education is compulsory for all children of
school age;
(3) 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;
(4) Encourage non-formal, informal, and
indigenous learning systems, as well as
self-learning, independent, and out-of-school
study programs particularly those that respond
to community needs; and
(5) Provide adult citizens, the disabled, and
out-of-school youth with training in civics,
vocational efficiency, and other skills.
SECTION 3. (1) All educational institutions
shall include the study of the Constitution as
part of the curricula.
(2) 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, teach the rights and duties of
citizenship, 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.
(3) 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.
SECTION 4. (1) The State recognizes the
complementary roles of public and private
institutions in the educational system and shall
exercise reasonable supervision and regulation
of all educational institutions.
(2) Educational institutions, other than those
established by religious groups and mission
boards, shall be owned solely by citizens of the
Philippines or corporations or associations at
least sixty per centum of the capital of which is
owned by such citizens. The Congress may,
however, require increased Filipino equity
participation in all educational institutions.
The control and administration of educational
institutions shall be vested in citizens of the
Philippines.
No educational institution shall be established
exclusively for aliens and no group of aliens
shall comprise more than one-third of the
enrollment in any school. The provisions of this
subsection shall not apply to schools
established for foreign diplomatic personnel
and their dependents and, unless otherwise
provided by law, for other foreign temporary
residents.
(3) All revenues and assets of non-stock,
non-profit educational institutions used actually,
directly, and exclusively for educational
purposes shall be exempt from taxes and
duties. Upon the dissolution or cessation of the
corporate existence of such institutions, their
assets shall be disposed of in the manner
provided by law.
Proprietary educational institutions, including
those cooperatively owned, may likewise be
entitled to such exemptions subject to the
limitations provided by law including
restrictions on dividends and provisions for
reinvestment.
(4) Subject to conditions prescribed by law, all
grants, endowments, donations, or
contributions used actually, directly, and
exclusively for educational purposes shall be
exempt from tax.
SECTION 5. (1) The State shall take into
account regional and sectoral needs and
conditions and shall encourage local planning
in the development of educational policies and
programs.
(2) Academic freedom shall be enjoyed in all
institutions of higher learning.
(3) Every citizen has a right to select a
profession or course of study, subject to fair,
reasonable, and equitable admission and
academic requirements.
(4) The State shall enhance the right of
teachers to professional advancement.
Non-teaching academic and non-academic
personnel shall enjoy the protection of the
State.
(5) The State shall assign the highest
budgetary priority to education and ensure that
teaching will attract and retain its rightful share
of the best available talents through adequate
remuneration and other means of job
satisfaction and fulfillment.
Language
SECTION 6. The national language of the
Philippines is Filipino. As it evolves, it shall be
further developed and enriched on the basis of
existing Philippine and other languages.
Subject to provisions of law and as the
Congress may deem appropriate, the
Government shall take steps to initiate and
sustain the use of Filipino as a medium of
official communication and as language of
instruction in the educational system.
SECTION 7. For purposes of communication
and instruction, the official languages of the
Philippines are Filipino and, until otherwise
provided by law, English.
The regional languages are the auxiliary official
languages in the regions and shall serve as
auxiliary media of instruction therein.
Spanish and Arabic shall be promoted on a
voluntary and optional basis.
SECTION 8. This Constitution shall be
promulgated in Filipino and English and shall
be translated into major regional languages,
Arabic, and Spanish.
SECTION 9. The Congress shall establish a
national language commission composed of
representatives of various regions and
disciplines which shall undertake, coordinate,
and promote researches for the development,
propagation, and preservation of Filipino and
other languages.
Science and Technology
SECTION 10. Science and technology are
essential for national development and
progress. The State shall give priority to
research and development, invention,
innovation, and their utilization; and to science
and technology education, training, and
services. It shall support indigenous,
appropriate, and self-reliant scientific and
technological capabilities, and their application
to the country’s productive systems and
national life.
SECTION 11. The Congress may provide for
incentives, including tax deductions, to
encourage private participation in programs of
basic and applied scientific research.
Scholarships, grants-in-aid, or other forms of
incentives shall be provided to deserving
science students, researchers, scientists,
inventors, technologists, and specially gifted
citizens.
SECTION 12. The State shall regulate the
transfer and promote the adaptation of
technology from all sources for the national
benefit. It shall encourage the widest
participation of private groups, local
governments, and community-based
organizations in the generation and utilization
of science and technology.
SECTION 13. The State shall protect and
secure the exclusive rights of scientists,
inventors, artists, and other gifted citizens to
their intellectual property and creations,
particularly when beneficial to the people, for
such period as may be provided by law.
Arts and Culture
SECTION 14. The State shall foster the
preservation, enrichment, and dynamic
evolution of a Filipino national culture based on
the principle of unity in diversity in a climate of
free artistic and intellectual expression.
SECTION 15. Arts and letters shall enjoy the
patronage of the State. The State shall
conserve, promote, and popularize the nation’s
historical and cultural heritage and resources,
as well as artistic creations.
SECTION 16. All the country’s artistic and
historic wealth constitutes the cultural treasure
of the nation and shall be under the protection
of the State which may regulate its disposition.
SECTION 17. The State shall recognize,
respect, and protect the rights of indigenous
cultural communities to preserve and develop
their cultures, traditions, and institutions. It
shall consider these rights in the formulation of
national plans and policies.
SECTION 18. (1) The State shall ensure equal
access to cultural opportunities through the
educational system, public or private cultural
entities, scholarships, grants and other
incentives, and community cultural centers,
and other public venues.
(2) The State shall encourage and support
researches and studies on the arts and culture.
Sports
SECTION 19. (1) The State shall promote
physical education and encourage sports
programs, league competitions, and amateur
sports, including training for international
competitions, to foster self-discipline,
teamwork, and excellence for the development
of a healthy and alert citizenry.
(2) All educational institutions shall undertake
regular sports activities throughout the country
in cooperation with athletic clubs and other
sectors.
ARTICLE XV
The Family
SECTION 1. The State recognizes the Filipino
family as the foundation of the nation.
Accordingly, it shall strengthen its solidarity and
actively promote its total development.
SECTION 2. Marriage, as an inviolable social
institution, is the foundation of the family and
shall be protected by the State.
SECTION 3. The State shall defend:
(1) The right of spouses to found a family in
accordance with their religious convictions and
the demands of responsible parenthood;
(2) The right of children to assistance, including
proper care and nutrition, and special
protection from all forms of neglect, abuse,
cruelty, exploitation, and other conditions
prejudicial to their development;
(3) The right of the family to a family living
wage and income; and
(4) The right of families or family associations
to participate in the planning and
implementation of policies and programs that
affect them.
SECTION 4. The family has the duty to care for
its elderly members but the State may also do
so through just programs of social security.
ARTICLE XVI
General Provisions
SECTION 1. The flag of the Philippines shall
be red, white, and blue, with a sun and three
stars, as consecrated and honored by the
people and recognized by law.
SECTION 2. The Congress may, by law, adopt
a new name for the country, a national anthem,
or a national seal, which shall all be truly
reflective and symbolic of the ideals, history,
and traditions of the people. Such law shall
take effect only upon its ratification by the
people in a national referendum.
SECTION 3. The State may not be sued
without its consent.
SECTION 4. The Armed Forces of the
Philippines shall be composed of a citizen
armed force which shall undergo military
training and serve, as may be provided by law.
It shall keep a regular force necessary for the
security of the State.
SECTION 5. (1) All members of the armed
forces shall take an oath or affirmation to
uphold and defend this Constitution.
(2) The State shall strengthen the patriotic
spirit and nationalist consciousness of the
military, and respect for people’s rights in the
performance of their duty.
(3) Professionalism in the armed forces and
adequate remuneration and benefits of its
members shall be a prime concern of the
State. The armed forces shall be insulated
from partisan politics.
No member of the military shall engage directly
or indirectly in any partisan political activity,
except to vote.
(4) No member of the armed forces in the
active service shall, at any time, be appointed
or designated in any capacity to a civilian
position in the Government including
government-owned or controlled corporations
or any of their subsidiaries.
(5) Laws on retirement of military officers shall
not allow extension of their service.
(6) The officers and men of the regular force of
the armed forces shall be recruited
proportionately from all provinces and cities as
far as practicable.
(7) The tour of duty of the Chief of Staff of the
armed forces shall not exceed three years.
However, in times of war or other national
emergency declared by the Congress, the
President may extend such tour of duty.
SECTION 6. The State shall establish and
maintain one police force, which shall be
national in scope and civilian in character, to be
administered and controlled by a national
police commission. The authority of local
executives over the police units in their
jurisdiction shall be provided by law.
SECTION 7. The State shall provide immediate
and adequate care, benefits, and other forms
of assistance to war veterans and veterans of
military campaigns, their surviving spouses and
orphans. Funds shall be provided therefor and
due consideration shall be given them in the
disposition of agricultural lands of the public
domain and, in appropriate cases, in the
utilization of natural resources.
SECTION 8. The State shall, from time to time,
review to upgrade the pensions and other
benefits due to retirees of both the government
and the private sectors.
SECTION 9. The State shall protect
consumers from trade malpractices and from
substandard or hazardous products.
SECTION 10. The State shall provide the
policy environment for the full development of
Filipino capability and the emergence of
communication structures suitable to the needs
and aspirations of the nation and the balanced
flow of information into, out of, and across the
country, in accordance with a policy that
respects the freedom of speech and of the
press.
SECTION 11. (1) The ownership and
management of mass media shall be limited to
citizens of the Philippines, or to corporations,
cooperatives or associations, wholly-owned
and managed by such citizens.
The Congress shall regulate or prohibit
monopolies in commercial mass media when
the public interest so requires. No
combinations in restraint of trade or unfair
competition therein shall be allowed.
(2) The advertising industry is impressed with
public interest, and shall be regulated by law
for the protection of consumers and the
promotion of the general welfare.
Only Filipino citizens or corporations or
associations at least seventy per centum of the
capital of which is owned by such citizens shall
be allowed to engage in the advertising
industry.
The participation of foreign investors in the
governing body of entities in such industry shall
be limited to their proportionate share in the
capital thereof, and all the executive and
managing officers of such entities must be
citizens of the Philippines.
SECTION 12. The Congress may create a
consultative body to advise the President on
policies affecting indigenous cultural
communities, the majority of the members of
which shall come from such communities.
ARTICLE XVII
Amendments or Revisions
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 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.
ARTICLE XVIII
Transitory Provisions
SECTION 1. The first elections of Members of
the Congress under this Constitution shall be
held on the second Monday of May, 1987.
The first local elections shall be held on a date
to be determined by the President, which may
be simultaneous with the election of the
Members of the Congress. It shall include the
election of all Members of the city or municipal
councils in the Metropolitan Manila area.
SECTION 2. The Senators, Members of the
House of Representatives, and the local
officials first elected under this Constitution
shall serve until noon of June 30, 1992.
Of the Senators elected in the election of 1992,
the first twelve obtaining the highest number of
votes shall serve for six years and the
remaining twelve for three years.
SECTION 3. All existing laws, decrees,
executive orders, proclamations, letters of
instructions, and other executive issuances not
inconsistent with this Constitution shall remain
operative until amended, repealed, or revoked.
SECTION 4. All existing treaties or
international agreements which have not been
ratified shall not be renewed or extended
without the concurrence of at least two-thirds of
all the Members of the Senate.
SECTION 5. The six-year term of the
incumbent President and Vice-President
elected in the February 7, 1986 election is, for
purposes of synchronization of elections,
hereby extended to noon of June 30, 1992.
The first regular elections for the President and
Vice-President under this Constitution shall be
held on the second Monday of May, 1992.
SECTION 6. The incumbent President shall
continue to exercise legislative powers until the
first Congress is convened.
SECTION 7. Until a law is passed, the
President may fill by appointment from a list of
nominees by the respective sectors the seats
reserved for sectoral representation in
paragraph (2), Section 5 of Article VI of this
Constitution.
SECTION 8. Until otherwise provided by the
Congress, the President may constitute the
Metropolitan Authority to be composed of the
heads of all local government units comprising
the Metropolitan Manila area.
SECTION 9. A sub-province shall continue to
exist and operate until it is converted into a
regular province or until its component
municipalities are reverted to the mother
province.
SECTION 10. All courts existing at the time of
the ratification of this Constitution shall
continue to exercise their jurisdiction, until
otherwise provided by law. The provisions of
the existing Rules of Court, judiciary acts, and
procedural laws not inconsistent with this
Constitution shall remain operative unless
amended or repealed by the Supreme Court or
the Congress.
SECTION 11. The incumbent Members of the
Judiciary shall continue in office until they
reach the age of seventy years or become
incapacitated to discharge the duties of their
office or are removed for cause.
SECTION 12. The Supreme Court shall, within
one year after the ratification of this
Constitution, adopt a systematic plan to
expedite the decision or resolution of cases or
matters pending in the Supreme Court or the
lower courts prior to the effectivity of this
Constitution. A similar plan shall be adopted for
all special courts and quasi-judicial bodies.
SECTION 13. The legal effect of the lapse,
before the ratification of this Constitution, of the
applicable period for the decision or resolution
of the cases or matters submitted for
adjudication by the courts, shall be determined
by the Supreme Court as soon as practicable.
SECTION 14. The provisions of paragraphs (3)
and (4), Section 15 of Article VIII of this
Constitution shall apply to cases or matters
filed before the ratification of this Constitution,
when the applicable period lapses after such
ratification.
SECTION 15. The incumbent Members of the
Civil Service Commission, the Commission on
Elections, and the Commission on Audit shall
continue in office for one year after the
ratification of this Constitution, unless they are
sooner removed for cause or become
incapacitated to discharge the duties of their
office or appointed to a new term thereunder. In
no case shall any Member serve longer than
seven years including service before the
ratification of this Constitution.
SECTION 16. Career civil service employees
separated from the service not for cause but as
a result of the reorganization pursuant to
Proclamation No. 3 dated March 25, 1986 and
the reorganization following the ratification of
this Constitution shall be entitled to appropriate
separation pay and to retirement and other
benefits accruing to them under the laws of
general application in force at the time of their
separation. In lieu thereof, at the option of the
employees, they may be considered for
employment in the Government or in any of its
subdivisions, instrumentalities, or agencies,
including government-owned or controlled
corporations and their subsidiaries. This
provision also applies to career officers whose
resignation, tendered in line with the existing
policy, had been accepted.
SECTION 17. Until the Congress provides
otherwise, the President shall receive an
annual salary of three hundred thousand
pesos; the Vice-President, the President of the
Senate, the Speaker of the House of
Representatives, and the Chief Justice of the
Supreme Court, two hundred forty thousand
pesos each; the Senators, the Members of the
House of Representatives, the Associate
Justices of the Supreme Court, and the
Chairmen of the Constitutional Commissions,
two hundred four thousand pesos each; and
the Members of the Constitutional
Commissions, one hundred eighty thousand
pesos each.
SECTION 18. At the earliest possible time, the
Government shall increase the salary scales of
the other officials and employees of the
National Government.
SECTION 19. All properties, records,
equipment, buildings, facilities, and other
assets of any office or body abolished or
reorganized under Proclamation No. 3 dated
March 25, 1986 or this Constitution shall be
transferred to the office or body to which its
powers, functions, and responsibilities
substantially pertain.
SECTION 20. The first Congress shall give
priority to the determination of the period for
the full implementation of free public secondary
education.
SECTION 21. The Congress shall provide
efficacious procedures and adequate remedies
for the reversion to the State of all lands of the
public domain and real rights connected
therewith which were acquired in violation of
the Constitution or the public land laws, or
through corrupt practices. No transfer or
disposition of such lands or real rights shall be
allowed until after the lapse of one year from
the ratification of this Constitution.
SECTION 22. At the earliest possible time, the
Government shall expropriate idle or
abandoned agricultural lands as may be
defined by law, for distribution to the
beneficiaries of the agrarian reform program.
SECTION 23. Advertising entities affected by
paragraph (2), Section 11 of Article XVI of this
Constitution shall have five years from its
ratification to comply on a graduated and
proportionate basis with the minimum Filipino
ownership requirement therein.
SECTION 24. Private armies and other armed
groups not recognized by duly constituted
authority shall be dismantled. All paramilitary
forces including Civilian Home Defense Forces
not consistent with the citizen armed force
established in this Constitution, shall be
dissolved or, where appropriate, converted into
the regular force.
SECTION 25. After the expiration in 1991 of
the Agreement between the Republic of the
Philippines and the United States of America
concerning Military Bases, foreign military
bases, troops, or facilities shall not be allowed
in the Philippines except under a treaty duly
concurred in by the Senate and, when the
Congress so requires, ratified by a majority of
the votes cast by the people in a national
referendum held for that purpose, and
recognized as a treaty by the other contracting
State.
SECTION 26. The authority to issue
sequestration or freeze orders under
Proclamation No. 3 dated March 25, 1986 in
relation to the recovery of ill-gotten wealth shall
remain operative for not more than eighteen
months after the ratification of this Constitution.
However, in the national interest, as certified by
the President, the Congress may extend said
period.
A sequestration or freeze order shall be issued
only upon showing of a prima facie case. The
order and the list of the sequestered or frozen
properties shall forthwith be registered with the
proper court. For orders issued before the
ratification of this Constitution, the
corresponding judicial action or proceeding
shall be filed within six months from its
ratification. For those issued after such
ratification, the judicial action or proceeding
shall be commenced within six months from
the issuance thereof.
The sequestration or freeze order is deemed
automatically lifted if no judicial action or
proceeding is commenced as herein provided.
SECTION 27. This Constitution shall take
effect immediately upon its ratification by a
majority of the votes cast in a plebiscite held
for the purpose and shall supersede all
previous Constitutions.
PHILIPPINE FLAGS
First official flag of the Philippine republic and
used during the Philippine Revolution. The flag
was created in Naic, Cavite and first displayed
in 1897. It features an eight-rayed white sun
with a mythical face on a field of red.
On
May
28,
1898, days after the return of General Emilio
Aguinaldo from exile in Hong Kong, Filipino
troops were once again engaged in a battle
against Spanish forces in Alapan, Cavite. It
was in this skirmish that the Philippine flag was
first unfurled as the revolutionary standard.
Sewn in Hong Kong
by Filipino expatriates and
brought to the country by Aguinaldo, the flag
was a tri-color featuring red and blue with a
white triangle framing three yellow stars and an
anthropomorphic eight-rayed sun.
Half a month later, on June 12, 1898,
following the proclamation of independence
from Spain, the same flag was waved by at
Aguinaldo’s residence in Kawit, Cavite, as the
Marcha Nacional Filipina played.
For
six
years, the Philippine flag and other banners
and emblems of the Katipunan continued to
proliferate. In response, the Philippine
Commission, dominated by Americans, passed
Act No. 1697 or the Flag Law of 1907, which
outlawed the display of
the Philippine flag and replaced
the country’s flag to the stars and stripes of the
United States of America. The same law
prohibited the playing of the national anthem.
It
took
11
years until the Philippine Legislature, finally in
the hands of elected Filipino representatives
and senators, repealed the Flag Law, through
the efforts of Governor-General Francis Burton
Harrison, and reinstated the Philippine flag as
the official standard of the nation. Modifications
were made to Aguinaldo’s flag: The sun no
longer had anthropomorphic features, and its
rays were stylized. This design would be used
from 1919 until the inauguration of the
Commonwealth of the Philippines in 1935.
 From 1919 to 1941 Flag day was
celebrated on October of every year by virtue
of Proclamation No. 18, issued by
Governor-General Francis Burton Harrison in
commemoration of the day the Flag Law was
repealed.
Months after the inauguration of the
Commonwealth, President Manuel L. Quezon
issued Executive Order No. 23, s. 1936,
instituting the description and specifications of
the Filipino flag, which would remain in effect
until the Second World War. Throughout this
period, the American and Philippine flags flew
side-by-side.
President Manuel L. Quezon, in 1941,
moved the commemoration of Flag Day from
October to June 12. This marks the first
instance that June 12, the date of Aguinaldo’s
proclamation, was commemorated.
The
Second Republic and the Second World
War
Bombing attacks on the Philippines and the
American naval base at Pearl Harbor plunged
the United States of America into war with
Japan and the Axis powers. President Quezon
issued Executive Order No. 386, s. 1941,
mandating all Philippine flags to be
flown with the red
field on top to signify a state of war.
Meanwhile, the Second Philippine Republic
was established in the islands under the
auspices of the Empire of Japan, with Jose P.
Laurel serving as president. The flag was
raised by former President Emilio Aguinaldo
and General Artemio Ricarte during the
inaugural of the Second Republic on October
14, 1943. Laurel issued Executive Order No.
17, s. 1943, which essentially
brought back
the Aguinaldo design of the Philippine flag.
This flag would eventually be displayed with
the red stripe up in 1944, when the Second
Republic declared that it was under a State of
War.
From
1943
until
the
end
of
the
War in the Pacific, two versions of the
Philippine flag existed: the Commonwealth flag
used by the Government-in-exile based in
Washington D.C., as well as by guerrillas in the
islands, and the Aguinaldo flag used by the
Japanese-sponsored government. Following
the
surrender of Japan and the liberation of the
Philippines, the latter’s use would be
discontinued with the dissolution of the Second
Republic.
In the aftermath of World War II, the
Commonwealth of the Philippines was restored
and with it the specifications of the Philippine
flag in accordance with Executive Order No.
23, s. 1936. On July 4, 1946, Philippine
independence was recognized by the United
States, giving birth to the Third Republic of the
Philippines. In ceremonies held at what is now
Luneta, United States High Commissioner to
the Philippines Paul V. McNutt and Philippine
President Manuel Roxas lowered the American
flag for the last time and in its stead rose the
Philippine flag to henceforth fly alone on
Philippine soil, except in military bases still held
and occupied by the United States Armed
Forces. Starting May 1, 1957, the Philippine
flag was raised beside the U.S. flag in U.S.
military bases in the Philippines.
Third, Fourth, and Fifth Republics
Commonwealth-era specifications, in
accordance with Executive Order No. 23, s.
1936, would remain in effect throughout the
Third and Fourth Republics until 1985, when
President Ferdinand E. Marcos
issued Executive Order No. 1010, s. 1985,
changing the shade of blue of the Philippine
Flag from navy blue to light blue. The change
was
due to a longstanding debate among historians
concerning the original shade of blue used in
the national flag. Debates centered on whether
Cuban blue (since the flag was patterned on
some aspects of Cuba’s national flag), or
sky-blue (based on written accounts by some
revolutionaries as well as a watercolor from the
era), or navy blue (based on the colors of the
American flag) was used. Ocampo says the
actual color used—pale sky blue—owed less to
historical precedent and more to available cloth
supplies at the time.
The change in color proved unpopular. After
the EDSA revolution of 1986, President
Corazon C. Aquino restored the pre-martial law
specifications of the National flag
through Executive Order No. 292, s. 1987, yet
again in accordance with Commonwealth
regulations. Under her term, the Philippine
Senate rejected the Bases Treaty with the
United States, thus putting an end to more than
90 years of American military presence in the
Philippines—in particular, the sprawling naval
base in Subic Bay and the Clark Airfield in
Pampanga. As the American flag was lowered
in these areas, it marked the last time a foreign
flag would fly in Philippine territory.
Commonwealth regulations were maintained
until 1998, when Republic Act. No. 8491 or the
“Flag and Heraldic Code of the Philippines”
was enacted, changing the shade of blue once
again from navy to royal, viewed as a suitable
historical compromise to settle earlier debates.
These are the specifications in use today.
PHILIPPINE PRESIDENTS
Emilio Aguinaldo was
a Filipino revolutionary,
politician, and military
leader who is officially
recognized as the first and
the youngest President of
the
Philippines (1899–1901)
and the first president of a
constitutional republic in Asia.
Manuel Luis Quezon y
Molina (19 August 1878 –
1 August 1944), also referred to by his Manuel Roxas. January
initials MLQ, was a Filipino statesman, soldier 1, 1892 – April 15, 1948)
and politician who served as president of was the fifth President of
the Commonwealth of the Philippines from
the Philippines who
1935 to 1944. He was the first Filipino to head
a government of the entire Philippines (as served from 1946 until
opposed to the government of previous his death in 1948. He
Philippine states), and is considered to have briefly served as the third
been the second president of the Philippines, and last President of
after Emilio Aguinaldo (1899–1901). the Commonwealth of
the Philippines from May 28, 1946 to July 4,
1946 and then became the first President of
José Paciano Laurel y the independent Third Philippine Republic after
García (March 9, 1891 – the United States ceded its sovereignty over
November 6, 1959) was
a Filipino politician and the Philippines.
judge. He was the
president of the Second
Philippine Republic, a
Japanese puppet
state when occupied Elpidio Quirino
during World War II, from 1943 to 1945. Since (November 16, 1890 –
the administration of President Diosdado February 29, 1956) was
Macapagal (1961–1965), Laurel has been
officially recognized by later administrations as a Filipino lawyer and
a former president of the Philippines. politician who served as
the sixth President of the
Philippines from 1948 to
1953.

Sergio Osmeña Sr. 9

September 1878 – 19
October 1961) was
a Filipino politician who
served as
the fourth President of the
Philippines from 1944 to
1946. He was Vice
President under Manuel L.
Quezon. Upon Quezon's
sudden death in 1944, Osmeña succeeded him
at age 65, becoming the oldest person to
assume the Philippine presidency until Rodrigo
Duterte took office in 2016 at age 71. A founder
of the Nacionalista Party, Osmeña was also
the first Visayan to become president.
 Ramon del Fierro
Magsaysay, Sr. (August
31, 1907 – March 17, 1957)
was a Filipino statesman
who served as the
seventh president of the
Philippines, from December
30, 1953 until his death in
an aircraft disaster. An automobile mechanic
by profession, Magsaysay was appointed
military governor of Zambales after his
outstanding service as a guerrilla leader during
the Pacific War. He then served two terms
as Liberal Party congressman
for Zambales's at-large district before being
appointed Secretary of National Defense by
President Elpidio Quirino. He was elected
president under the banner of the Nacionalista
Party.
Carlos Polistico
Garcia (November 4,
1896 – June 14, 1971)
was a Filipino teacher,
poet, orator, lawyer, public
official, political
economist, guerrilla, and
Commonwealth military leader who was
the eighth President of the Philippines.
Diosdado P Macapagal
Sr. September 28, 1910
– April 21, 1997) was the
ninth President of the
Philippines, serving from
1961 to 1965, and the
sixth Vice-President, serving from 1957 to
1961. He also served as a member of
the House of Representatives, and headed
the Constitutional Convention of 1970. He was
the father of Gloria Macapagal Arroyo, who
followed his path as President of the
Philippines from 2001 to 2010.
Ferdinand Emmanuel Edralin Marcos Sr.
September 11, 1917 – September 28, 1989)
was a Filipino politician, lawyer
and kleptocrat who served as the
10th President of the Philippines from 1965 to
1986. Espousing an ideology of "constitutional
authoritarianism" under the New Society
Movement, he ruled as a dictator under martial
law from 1972 until 1981, and kept most of his
martial law powers until he was deposed in
1986. One of the most controversial leaders of
the 20th century, Marcos' rule was infamous for
its corruption, extravagance, and brutality.
Throughout his political career, Marcos claimed
to have been the "most decorated war hero in
the Philippines". A number of his claims have
been found to be false, with United States
Army documents describing his wartime claims
as "fraudulent" and "absurd."
Maria Corazon
Cojuangco Aquino,
January 25, 1933 –
August 1, 2009),
popularly known as Cory
Aquino, was
a Filipino politician who
served as the 11th
President of the Philippines, becoming the first
woman to hold that office. Corazon Aquino was
the most prominent figure of the 1986 People
Power Revolution, which ended the 20-year
rule of President Ferdinand Marcos. She was
named Time magazine's Woman of the Year in
1986. Prior to this, she had not held any
elective office.

Fidel Valdez Ramos,

March 18,
1928), popularly known
as FVR and Eddie, is a
retired Filipino general
and politician who served
as the 12th president of
the Philippines from 1992
to 1998. He is the only
career military officer who reached the rank of
five-star general/admiral de jure who rose from
second lieutenant up to commander-in-chief of
the armed forces. During his six years in office,
Ramos was widely credited and admired by
many for revitalizing and renewing international
confidence in the Philippine economy. At
age 93, he is currently the oldest living former
Philippine president.

Joseph Ejercito Estrada,

April 19, 1937), also
known by the
nickname Erap, is
a Filipino politician and
former actor who served
as the 13th president of
the Philippines from 1998
to 2001, 9th vice president
of the Philippines from
1992 to 1998, and the 26th mayor of the City of
Manila, the country's capital, from 2013 to
2019. In 2001, he became the first president in
Asia to be impeached from an executive role
and resigned from power.
 Maria Gloria Rodrigo Roa Duterte
Macaraeg (born March 28, 1945),
Macapagal Arroyo, also known
born April 5, 1947), as Digong and Rodyis
often referred to by a Filipino politician who
her initials GMA, is is the current president
a Filipino academic of the Philippines and
and politician who the first
served as from Mindanao to hold
the 14th president of the office. He is the
the Philippines from chairperson of PDP–Laban, the ruling political
2001 until 2010. Before her accession to the party in the Philippines. Duterte took office at
presidency, she served as the 10th vice age 71 on June 30, 2016, making him
president of the Philippines from 1998 to 2001, the oldest person to assume the Philippine
and was a senator from 1992 to 1998. After her presidency; the record was previously held
presidency, she was elected as by Sergio Osmeña at the age of 65. Born
the representative of Pampanga's 2nd in Maasin, Southern Leyte, Duterte
district in 2010 and later became the Speaker studied political science at the Lyceum of the
of the House of Representatives from 2018 Philippines University, graduating in 1968,
until her retirement in 2019. She is the first before obtaining a law degree from San Beda
woman to hold two of the highest offices in the College of Law in 1972. He then worked as a
country: Vice President and Speaker of the lawyer and was a prosecutor for Davao City,
House. before becoming vice mayor and,
subsequently, mayor of the city in the wake of
the Philippine Revolution of 1986. Duterte won
Benigno Simeon seven terms and served as mayor of Davao for
Cojuangco Aquino III, over 22 years.
born February 8, 1960),
PHILIPPINES MONETARY SYSTEM
also known as "PNoy"
or "Noynoy",is In 1995, a new set of coins and notes
a Filipino politician who was issued which carried the logo of the new
served as BSP: 5- and 1-piso and 25-, 10-, 5- and
1-sentimo. On July 10, 2001, BSP issued the
the 15th president of
10-piso coin for general circulation to
the Philippines from commemorate its 8th year anniversary. It has
2010 until 2016. Aquino is a fourth-generation the profiles of Andres Bonifacio and Apolinario
politician and was the chairman of the Liberal Mabini in a con-joint or in tandem manner on
Party from 2010 to 2016. the obverse side. The reverse side bears the
seal of the Bangko Sentral ng Pilipinas which is
consistent with the common reverse design of
the other six denominations. This has been an
additional denomination to the current coin
circulation and a replacement for the 10-piso
NDS banknote.
New Generation Currency Banknote Series​
New Generation Currency Series
(2010-present)
In 1995, a new set of coins and notes was
issued In 2009, the Bangko Sentral ng Pilipinas
announced that it launched a massive redesign
for current banknotes and coins to further
enhance security features and improve durability.
The members of the numismatic committee
include Bangko Sentral Deputy Governor Diwa
Guinigundo and Dr. Ambeth Ocampo Chairman
of the National Historical Institute. The new
banknote design features famous Filipinos and
iconic natural wonders. Philippine national
symbols will be depicted on coins. To provide a
smooth transition from the New Design Series to
New Generation Currency series, BSP purposely
retained some NDS features, such as, the size,
predominant colors and the featured
personalities in the NGC, except for the portrait
of President Corazon Aquino which is an added
portrait on the 500-piso note. The BSP started
releasing the initial batch of new banknotes on
December 16, 2010. The NGC will co-exist with
the NDS approximately until 2014, while BSP is
building up its capability to print and produce
NGC banknotes with the latest
anti-counterfeiting security features incorporated
through advanced technologies, benchmarked
worldwide. Color plays an important part in the
design, accentuating key elements such as value
numerals, seals and note edges. The inclusion of
large intaglio printed numbers on the front
differentiates each denomination to provide
assistance for the visually impaired.
RECENT NEWS ARTICLE
Heavy traffic marks first
day of ECQ in 'NCR Plus'
By JOVILAND RITA, GMA News
Published March 29, 2021 9:49am
As the enhanced community quarantine (ECQ)
took effect on Monday, motorists experienced
heavy traffic and long lines in checkpoints set
up in strategic areas in the National Capital
Region and four adjacent provinces.
Motorists are required to present ID, certificate
of employment, business permit and other
documentation to prove that they are
authorized persons outside residents (APOR)
and that their travel is essential.
Motorist who were not considered APOR and
those who failed to present the necessary
documents were prevented from passing the
checkpoints established in boundaries.
According to Darlene Cay's report on Unang
Balita, the screening on motorists passing the
boundary of Caloocan City and San Jose del
Monte, Bulacan, became stricter amid the
implementation of the ECQ.
Heavy traffic was observed in both lanes going
to Caloocan City and San Jose del Monte as
as early as 5:30 a.m. Most of the motorists
crossing the boundary were delivery riders, call
center agents, and government employees.
At the boundary of Muntinlupa City and San
Pedro, Laguna, many motorists were also
asked to return home at the checkpoint,
according to a report of Mai Bermudez.
Aside from motorists, many people who were
walking at the boundary were also lining up at
the checkpoint as authorities inspected their
IDs and other documents and checked their
body temperature.
Authorities apprehended those who were not
wearing a face mask, failed to present a
driver’s license, and have no acceptable
reason to be considered as APOR.
The Laguna Provincial Police Office said they
will be stricter in implementing the protocols at
the checkpoints.
According to a report of James Agustin, 30
checkpoints have been set up in Quezon City
on the first day of the ECQ in NCR Plus.
Some motorists passing the boundary of
Quezon City and San Mateo, Rizal, on
Batasan-San Mateo Road were barred from
passing the checkpoints as they were not
considered APOR.
Due to the limited public transport, many
workers were seen walking on the road.
Meanwhile, heavy traffic was also observed
along Marcos Highway at the boundary of
Marikina City and Rizal province, according to
a report of Super Radyo dzBB’s Mark
Makalalad on Unang Balita.
Five lanes have been set up on the
thoroughfare, which included separate lanes
for motorbikes, four-wheel vehicles,
ambulance, and delivery.
Some riders who were occupying wrong lanes
were asked to take a U-turn and go back to the
tail of the line for the checkpoint.
An ambulance was also stuck in the middle of
the traffic as its lane was also occupied by
other motorists.
Due to disregard of the one-seat-apart policy,
some public utility vehicles were asked to
unload some passengers.
Due to the surge in COVID-19 cases, the
national government placed Metro Manila,
Bulacan, Cavite, Laguna, and Rizal or NCR
Plus under an enhanced community
quarantine from March 29 to April 4 with a new
set of regulations.
Interviewed on Dobol B TV, National Task
Force Against COVID-19 spokesperson
Restituto Padilla said the current ECQ
implementation is more relaxed compared to
its first implementation last year.
He said up to 50% of public transport has been
allowed to operate now so essential workers
would be able to go to their work.
Current curfew, however, is longer -- from 6
p.m. to 5 a.m.
Padilla also pointed out that unlike last year's
ECQ, more businesses have been allowed to
operate this time and that only a few areas
were covered.
"Nagdedelikado na po tayo dahil hindi po tayo
makapag-accommodate ng mga nagkakasakit
sa mga ospital. Nauubusan na po tayo ng mga
lugar kung saan puwede natin silang ipasok at
gamutin," he said.
(“We’re in critical status as our hospitals cannot
accommodate COVID-19 patients anymore.
We’re running out of facilities where we can
admit and treat them.”)
Asked about if the ECQ will be extended,
Padilla said they will decide depending on the
development on the numbers of COVID-19
cases. --KBK, GMA News
BIAK NA BATO
According to General Emilio Aguinaldo,
who wrote in 1899, the main conditions of the
biak-na-bato pact were: [4] The separation of
the Philippines from the Spanish monarchy and
their formation into an independent state with a
separate government called the Philippine
Republic was the end of the revolution in the
existing war that began on August 24, 1896;
That is why, on his behalf and by the power of
the Filipino people, who faithfully interpret their
desires and ambitions, we, the representatives
of the revolution, unanimously adopted the
following articles for the Constitution of the
State at a meeting in Biac-na-bato on 1
November 1897. [9] On August 9, 1897,
Paterno proposed a peace based on
Aguinaldo`s reforms and amnesty. Over the
next few months, Paterno went back and forth
with proposals and counter-proposals between
Manila and Biak-na-Bato. Paterno`s efforts
resulted in a peace agreement, the so-called
Biak na-Bato Pact. These were three
documents, the first two signed on December
14, 1897 and the third on December 15;
Republic of Biak-na-Bato. [10] We
revolutionaries fulfilled our obligation to
surrender our weapons, which were more than
1000, as everyone knows, after they were
published in the Manila newspapers. But the
captain, General Primo de Rivera, did not
respect the agreement as faithfully as we did.
The other payments were never paid; the
brothers were not limited in their acts of
tyranny and oppression, nor to drive them out,
nor to secularize religious orders; The
requested reforms were not inaugurated,
although the Te Deumwas were sung. This
failure of the Spanish authorities to respect the
terms of the treaty caused me and my
companions a great deal of misery, which
quickly turned into irritation when I received a
letter from Lieutenant-Colonel Don Miguel
Primo de Rivera (nephew and private secretary
of the general mentioned above) informing me
that I and my companions could never return to
Manila. According to historian Sonia M. Zaide,
the agreement consisted of three parts: a
charter based on the Cuban Constitution was
also designed by Felix Ferrer and Isabelo
Artacho. Signed on November 18, 1897.
The Biak-na-Bato Constitution provided
for the creation of a Supreme Council to serve
as the supreme body of the Republic`s
government. He also described some
fundamental human rights, such as freedom of
religion, freedom of the press and the right to
education. Emilio Aguinaldo and Mariano Trias
were elected respectively President of the
Supreme Council and Vice-President. The
Biak-na-Bato pact Pedro Paterno, a Spaniard
born in the Philippines, volunteered to be a
negotiator between Aguinaldo and Governor
Primo de Rivera to end the clashes. Paterno`s
efforts paid off when he signed the pact on 15
December 1897 as a representative of the
revolutionaries and of Rivera as a
representative of the Spanish government. The
heads of state and government are: Emilio
Aguinaldo President, Mariano Trias-
Vice-President, Antonio Montenegro Secretary,
Baldomero Aguinaldo Treasurer and Emilio
Riego de Dios. On 23 December 1897,
Generals Celestino Tejero and Ricardo Monet
of the Spanish Army arrived in Biak-na-Bato
and became hostages of the rebels. Both sides
have declared a ceasefire and an agreement
has been reached between Aguinaldo and the
Spanish armed forces for the Spanish
government to self-govern in the Philippines in
three years, when Aguinaldo goes into exile
and surrenders his weapons. In exchange,
Aguinaldo received the P800,000 (Mexican
pesos) in compensation for revolutionaries and
an amnesty.
TREATY OF PARIS
In France, the Treaty of Paris is signed,
formally ending the Spanish-American War and
granting the United States its first overseas harbor in May after racing across the Atlantic
empire. from Spain. A superior U.S. naval force arrived
soon after and blockaded the harbor entrance.
The Spanish-American War had its
In June, the U.S. Army Fifth Corps landed in
origins in the rebellion against Spanish rule
Cuba with the aim of marching to Santiago and
that began in Cuba in 1895. The repressive
launching a coordinated land and sea assault
measures that Spain took to suppress the
on the Spanish stronghold. Included among the
guerrilla war, such as herding Cuba’s rural
U.S. ground troops were the Theodore
population into disease-ridden garrison towns,
Roosevelt-led “Rough Riders,” a collection of
were graphically portrayed in U.S. newspapers
western cowboys and eastern blue bloods
and enflamed public opinion. In January 1898,
officially known as the First U.S. Voluntary
violence in Havana led U.S. authorities to order
Cavalry. On July 1, the Americans won the
the battleship USS Maine to the city’s port to
Battle of San Juan Hill, and the next day they
protect American citizens. On February 15, a
began a siege of Santiago. On July 3, the
massive explosion of unknown origin sank
Spanish fleet was destroyed off Santiago by
the Maine in Havana harbor, killing 260 of the
U.S. warships under Admiral William Sampson,
400 American crewmembers aboard. An official
and on July 17 the Spanish surrendered the
U.S. Naval Court of Inquiry ruled in March,
city–and thus Cuba–to the Americans.
without much evidence, that the ship was
In Puerto Rico, Spanish forces likewise
blown up by a mine, but it did not directly place
crumbled in the face of superior U.S. forces,
the blame on Spain. Much of Congress and a
and on August 12 an armistice was signed
majority of the American public expressed little
between Spain and the United States, ending
doubt that Spain was responsible, however,
the brief and one-sided conflict.
and called for a declaration of war.
On December 10, the Treaty of Paris
In April, the U.S. Congress prepared for
officially ended the Spanish-American War.
war, adopting joint congressional resolutions
The once-proud Spanish empire was virtually
demanding a Spanish withdrawal from Cuba
dissolved as the United States took over much
and authorizing President William McKinley to
of Spain’s overseas holdings. Puerto Rico and
use force. On April 23, President McKinley
Guam were ceded to the United States, the
asked for 125,000 volunteers to fight against
Philippines were bought for $20 million, and
Spain. The next day, Spain issued a
Cuba became a U.S. protectorate. Philippine
declaration of war. The United States declared
insurgents who fought against Spanish rule
war on April 25. On May 1, the U.S. Asiatic
during the war immediately turned their guns
Squadron under Commodore George Dewey
against the new occupiers, and 10 times more
destroyed the Spanish Pacific fleet at Manila
U.S. troops died suppressing the Philippines
Bay in the first battle of the Spanish-American
than in defeating Spain.
War. Dewey’s decisive victory cleared the way
for the U.S. occupation of Manila in August and
the eventual transfer of the Philippines from
CODE OF KALINTAW
Spanish to American control.
In the famous epic story of Maragtas,
On the other side of the world, a
there was this mythical legal code called "The
Spanish fleet docked in Cuba’s Santiago
Code of Kalantiaw". It was named after its
supposed author, Datu Kalantiaw, who
allegedly wrote it in 1433. Datu Kalantiaw was
a chief on the island of Negros. It was written
about by Jose E. Marco in 1913 in his historical
fiction "Las Antiguas Leyendes de la Isla de
Negros" (The Ancient Legends of the Island of
Negros). He ascribed its source to a priest
named Jose Maria Pavon.
The historian Josue Soncuya wrote
about the Code of Kalantiaw in 1917 in his
book "Historia Prehispana de Filipinas"
(Prehispanic History of the Philippines) where
he transferred the location of the origin of the
Code from Negros to Panay because he
contended that said Code may have been
related to the Binirayan festival.
The story on this Code has been
recognized through the ages by known
authors. In 1968, however, historian William
Henry Scott called this a "hoax" in his book
"Prehispanic Source Materials for the Study of
Philippine History". Consequently, Filipino
historians agreed to expunge the Code of
Kalantiaw in future materials on Philippine
history.
Although the said Code ceases to be
part of the texts of Philippine history, however,
many still believe its validity.
ARTICLE I
You shall not kill, neither shall you steal,
neither shall you do harm to the aged, lest you
incur the danger of death. All those who
infringe this order shall be condemned to death
by being drowned in the river, or in boiling
water.
ARTICLE II
You shall obey. Let all your debts with
the headman be met punctually. He who does
not obey shall receive for the first time one
hundred lashes. If the debt is large, he shall be
condemned to thrust his hand in boiling water
thrice. For the second time, he shall be beaten
to death.
ARTICLE III
Obey you: let no one have women that
are very young nor more than he can support;
nor be given to excessive lust. He who does
not comply with, obey, and observe this order
shall be condemned to swim for three hours for
the first time and for the second time, to be
beaten to death with sharp thorns.
ARTICLE IV
Observe and obey; let no one disturb
the quiet of the graves. When passing by the
caves and trees where they are, give respect
to them. He who does not observe this shall be
killed by ants, or beaten to death with thorns.
ARTICLE V
You shall obey; he who exchanges for
food, let it be always done in accordance with
his word. He who does not comply, shall be
beaten for one hour, he who repeats the
offense shall be exposed for one day among
ants.
ARTICLE VI
You shall be obliged to revere sights that
are held in respect, such as those of trees of
recognized worth and other sights. He who
fails to comply shall pay with one month's work
in gold or in honey.
ARTICLE VII
These shall be put to death; he who kills
trees of venerable appearance; who shoot
arrows at night at old men and women; he who
enters the houses of the headmen without
permission; he who kills a shark or a streaked
cayman.
ARTICLE VIII
Slavery for a doam (a certain period of
time) shall be suffered by those who steal away
the women of the headmen; by him who keep
ill-tempered dogs that bite the headmen; by
him who burns the fields of another.
 ARTICLE IX
All these shall be beaten for two days:
who sing while traveling by night; kill the
Manaul; tear the documents belonging to the
headmen; are malicious liars; or who mock the
dead.
ARTICLE X
It is decreed an obligation; that every
mother teach secretly to her daughters matters
pertaining to lust and prepare them for
womanhood; let not men be cruel nor punish
their women when they catch them in the act of
adultery. Whoever shall disobey shall be killed
by being cut to pieces and thrown to the
caymans.
ARTICLE XI
These shall be burned: who by their
strength or cunning have mocked at and
escaped punishment or who have killed young
boys; or try to steal away the women of the
elders.
ARTICLE XII
These shall be drowned: all who
interfere with their superiors, or their owners or
masters; all those who abuse themselves
through their lust; those who destroy their
anitos (idols) by breaking them or throwing
them down.
ARTICLE XIII
All these shall be exposed to ants for
half a day: who kill black cats during a new
moon; or steal anything from the chiefs or
agorangs, however small the object may be.
ARTICLE XIV
These shall be made slave for life: who
have beautiful daughters and deny them to the
sons of chiefs, and with bad faith hide them
away.
ARTICLE XV
Concerning beliefs and superstitions;
these shall be beaten: who eat the diseased
flesh of beasts which they hold in respect, or
the herb which they consider good, who wound
or kill the young of the Manaul, or the white
monkey.
ARTICLE XVI
The fingers shall be cut-off: of all those
who break idols of wood and clay in their
alangans and temples; of those who destroy
the daggers of the tagalons, or break the
drinking jars of the latter.
ARTICLE XVII
These shall be killed: who profane sites
where idols are kept, and sites where are
buried the sacred things of their diwatas and
headmen. He who performs his necessities in
those places shall be burned.
ARTICLE XVIII
Those who do not cause these rules to
be obeyed: if they are headmen, they shall be
put to death by being stoned and crushed; and
if they are agorangs they shall be placed in
rivers to be eaten by sharks and caymans.
HAMMURABI CODE
Code of Hammurabi, the most complete
and perfect extant collection
of Babylonian laws, developed during the reign
of Hammurabi (1792–1750 BCE) of the
1st dynasty of Babylon. It consists of his legal
decisions that were collected toward the end of
his reign and inscribed on a diorite stela set up
in Babylon’s temple of Marduk, the national
god of Babylonia. These 282 case laws include
economic provisions (prices, tariffs, trade, and
commerce), family law (marriage and divorce),
as well as criminal law (assault, theft) and civil
law (slavery, debt). Penalties varied according
to the status of the offenders and the
circumstances of the offenses.

The background of the code is a body of

Sumerian law under which
civilized communities had lived for many
centuries. The existing text is in
the Akkadian (Semitic) language, but, even
though no Sumerian version is known to
survive, the code was meant to be applied to a
wider realm than any single country and
to integrate Semitic and Sumerian traditions
and peoples. Moreover, despite a few primitive
survivals relating to family solidarity, district
responsibility, trial by ordeal, and the lex
talionis (i.e., an eye for an eye, a tooth for a
tooth), the code was advanced far beyond
tribal custom and recognized no blood feud,
private retribution, or marriage by capture.

The principal (and only considerable) source of

the Code of Hammurabi is the stela discovered
at Susa in 1901 by the French Orientalist
Jean-Vincent Scheil and now preserved in
the Louvre.

MARAGTAS CODE

The Maragtas Code was a supposed

collection of writings concerning the
pre-Hispanic history of the Phillipine Islands.
Although the origin and accuracy of these
documents are dubious in nature, they were
used as the basis of a book entitled "Maragtas"
by Phillipine author Pedro Monteclaro,
originally published in 1907.

First published in 1907, "Maragtas" by

Pedro Monteclaro is an alleged account of 10
datus or chiefs who fled the oppression of the
Datu Makatunaw on the island of Borneo.