SOME BASIC CONSTITUTIONAL PRINCIPLES

The Philippines is a democratic and republican state (Art. II, Section 1)

The 1987 Constitution explicitly subscribes to an indirect, representative or republican form of

democratic government. This means that our country is ruled by representatives of the people chosen
through democratic elections. Public officers such as the President, Vice-President, Senators,
congressmen, governors, mayors and so on, exercise power delegated by the people who remain the
ultimate source of political power and authority. Hence, Section 1 of Article II of the Constitution states that
the “sovereignty resides in the people and all government authority emanates from them”. Technically, only
registered voters or the electorate has the power to exercise and delegate this sovereign power in an
election, plebiscite or referendum.

The 1987 Constitution embodies some features of a pure democracy in which the people can directly
by their sovereign power, rule the country. This is manifested in the provisions on referendum and people’s
initiative in amending the constitution (see Art. VI, Sec. 32) (De Leon 1997: 43).

Renunciation of War as a State Policy (Art. II, Section 2)

Under this section, the Philippines subscribes to the United Nations Charter binding all members to
“refrain in their international relations from the threat or use of force against the territorial integrity or
political independence of any state….” (De Leon 1997: 45). This means that Congress cannot authorize the
President to invade another country or annex any territory of another state just like what Iraq did when
Saddam Hussein invaded Kuwait during the Gulf war. The Philippines “adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity with all nations” (Section 2). But if the Philippines is
attacked or invaded by another country, the Constitution allows Congress to declare an existence of a state
of war and authorize the President to command the Armed Forces to defend our territorial integrity. This
requires the concurrence of two-thirds of all the members of Congress voting separately (Section 23 (1),
Article VI). In short, the constitution allows the President and Congress to engage in defensive war against
an invading country, as an act of self-defense but prohibits aggressive war that attacks another state, as
this is contrary to the country’s policy of peace and friendship with other nations

Civilian Supremacy and the Role of the Armed Forces as Protector of the People (Art. II, Section 3).

The principle of civilian supremacy simply requires that the armed forces of the Philippines are always
subordinate to civilian authority. This was included in the constitution to prevent the rise of military
dictatorship or junta that grabs political power illegally. A clear expression of this principle is that the
President as commander-in-chief of the Armed Forces must be a civilian and not an active general or
member of the Armed Forces of the Philippines. President Fidel Ramos is a military general but he was
only elected President of our country after he had retired from military service. Another manifestation of this
principle is that civilian authority remains superior over the military even during martial law, suspension of
the writ of habeas corpus or war (see Art. III, Sec. 15; Art. VII, Sec. 18). Lastly, the President together with
Congress, determines the military budget and defines the national policy on defense and security (De Leon
1997: 47)

Separation of Church and State (Art. II, Section 6)

The doctrine of separation of Church and State simply means that each institution has a specific
sphere or duty to perform in society: the Church on purely matters of religion and morals and the State on
purely political matters or temporal aspects of people’s life. Ideally, each institution should not interfere with
the other’s sphere in order to avoid conflict. But in some cases, the Church criticizes some public officials
and lobbies for a change in public policies claiming that morality covers public service especially corruption
in government. This was seen when some Philippine presidents and top public officials tried to influence
the Catholic bishops or the Iglesia ni Cristo to support some of their government policies. Thus the dividing
line between the respective domains of the Church and State has always been the subject of
disagreement. Ideally, the relationship must be that of cooperation and mutual support but questionable,
corrupt, and immoral government action or policy often invites Church interference and thus leads to mmoral
government action or policy often invites Church interference and thus leads to hostility between these two
powerful institutions in Philippine society. The important principles of the doctrine of Separation of Church
and State is shown in the following table. hostility between these two powerful institutions in Philippine
society. The important principles of the doctrine of Separation of Church and State is shown in the following
table.
 The doctrine of separation of Church and State does not mean hostility between these two powerful
institutions in the country. After all, both serve the same people as their constituents or believers. To
illustrate, the constitution has allowed some concessions to the Church as these can provide beneficial
results to the citizens in the long run:

(1) Our Constitution and laws exempt from taxation properties devoted exclusively to religious purposes
(Art.VI, Sec 28 (3).);

(2) Optional, religious instruction is allowed in public elementary and high schools (Art. XIV, Sec. 3[3]).

(3) Holy Thursday and Good Friday of the Holy Week, Christmas Day and Sundays and Ramadan are
made legal holidays as their observance can promote public morals.

(4) Public money may be used when a priest or preacher or dignitary as such is assigned and worked as
chaplain or any position in the armed forces, penal institution, government orphanage or leprosarium (Art.
VI, Sec. 29[2]); and
 (5) The punishment of bigamy, polygamy, and certain crimes against public worship is another expression
of the State’s concern for the moral welfare of the citizens.

Equal Access to Opportunities to Public Service and Prohibition of Political Dynasty (Art. II, Sec. 26).

Ideally, what the 1987 Constitution wants is to give every qualified Filipino an opportunity to serve
the government. In fact, the basic educational attainment for the President, VicePresident, Senator and
Congressman has been reduced to “able to read and write” presumably to provide all Filipinos the
opportunity to serve our government. Moreover, the law provides limitations of term of office for elective
and appointive positions to enhance access of people to public service. Thus, the President serves only for
6 years without reelection, or the senator can serve for 6 years with reelection but no consecutive 3 terms.
The criteria for selection must be based on merit and qualification and not by political connections,
expediency, and kinship ties. Unfortunately, this criteria as envisioned by the constitution is only partially
fulfilled with this limitation of terms. But the major problem of political dynasty has not been properly
addressed by Congress. At present, no law against political dynasty has been passed by Congress.

The limitation of terms of office for public officials is not a sufficient guarantee to prevent political
dynasty. It is a common practice among politicians to allow their wives, sons, daughters or a close relatives
to replace them soon after their last term ends. In other cases, incumbent officials like senators,
congressmen, governors, or mayors can influence Congress to pass new laws creating another district, city
or municipality just to provide them new positions to continue to stay in public office. This common pattern
of political behavior in the Philippines that treats public office as private ownership is often called as
patrimonialism in which politically influential families feel that other members of their family have the right to
public office just because one member assumed public office (Zialcita in Diokno (ed) 1997: 46).The more
popular political dynasties include the Osmenas of Cebu, the Josons of Nueva Ecija, the Albanos of Isabela
and Binays of Makati to name a few

Developing a self-reliant and independent national economy effectively controlled by Filipinos (Art.
II, Section 19) To prevent foreign control of the local economy, the 1987 Constitution prohibits foreigners to
own real properties in the country. With regard to ownership of foreign investment, it requires that at least
60 percent of the capital is owned by Filipinos and a maximum of 40 percent for foreign investors.
Developing a self-reliant and independent national economy controlled by Filipinos has long been an issue
in our country. The Philippine economy during the American period could not be said to be independent of
foreign control. For instance, the parity amendment in the 1935 Constitution which provided Americans
equal rights with Filipinos to own and control natural resources in the country revealed the lack of
independence of our economy. Moreover, some analysts cited foreign American aid and loans extended by
the World Bank and International Monetary Fund for reconstruction after World War II as a means to further
control the economy. With the conditions attached to these loans, the Philippines, they say, became more
and more controlled by the US. The US required the adoption of a free trade policy for borrowers like the
Philippines in order to open their local economies to American products. The US experienced an
overproduction of goods after the World War II and was searching for new markets abroad as countries
ravaged by war tended to adopt protectionist policies and disallowed imports from other countries. Foreign
aid and loans with their attached conditions from multilateral institutions such as the World Bank (WB) and
the International Monetary Fund (IMF) to the Philippines became an instrument of the US to make the local
economy a ready market for US goods. As a result, the Philippine economy became dependent on US
imports and was discouraged to establish an industrialized economy free from foreign control.

With the advent of globalization and liberalization of world trade as a result of the multilateral
agreement signed by more than a hundred countries including the Philippines called the General
Agreement on Tariffs and Trade (GATT) and the creation of its enforcing institution called the World Trade
Organization (WTO), this constitutional provision of developing a selfreliant and independent economy
controlled by Filipinos would be difficult to realize. The Philippines could have started the establishment of
the fundamentals of an industrialized economy after the war, if it had not been manipulated by the US to
make our country dependent on American imports and thus enabled us to compete against developed
countries in today’s free trade.

Citizenship (Art. IV)

 One important principle under the 1987 Constitution is that on citizenship. Before we try to understand
good citizenship, we must first determine what is citizenship, who is a citizen and who is considered a
Filipino citizen.

Firstly, citizenship is a “term denoting membership of a citizen in a political society” and a citizen is “a
member of a democratic community who enjoys full civil and political rights, and is accorded protection
inside and outside the territory of the State” (De Leon 1997: 122). A person who is not a citizen is either
called a “stateless person” or an “alien”. A stateless person, on one hand, is a foreigner in another country
whose state has been dissolved due to anarchy or revolution. The movie “Terminal” illustrates this case.
Tom Hanks visited the United States. But after arriving at the airport, a revolution occurred in his country
Liberia. The US and other countries did not recognize the chaotic leadership of his country and thus his
passport was not honored. He became a “stateless person” and is at the mercy of the US authorities
whether to allow him to enter the US or not. An alien, on the other hand, “is a citizen of a country who is
residing in or passing through another country” (De Leon 1997: 123). Both a stateless person and an alien
are subject to our laws. A stateless person, unlike an alien, is not protected by his/her own country and has
no legal rights and no embassy to turn to in case of legal problems in the sense that he has no country or
has no diplomatic ties with the country s/he is residing in.

Two Principles of Citizenship by Birth

Persons who are born in a particular country are not automatically citizens of the land. They are not
automatically considered natural-born citizens. It still depends on the principle of citizenship by birth
adopted of the country where they are born. Some countries choose to adopt one of the following 2
principles, others prefer to follow a combination of these principles:

Jus sanguinis (from Latin words “jus” which means “law” and “sanguinis” which means blood).

Literally, the term means the “law of the blood”. Under this principle, the blood of the parents is the
basis for the acquisition of citizenship and not the territory or the country where the baby was born. The
children follow the citizenship of both or one of the parents. The Philippines is following this principle (Art.
IV, Sec 1[2]) in determining the citizenship of persons born in the country. Thus, if one or both parents of
the person who is born in the Philippines are Filipinos, then his or her citizenship is automatically Filipino.
But it his or her parents are both aliens or foreigners, then his/her citizenship would follow that of his/her
parents whatever that be.

Jus Soli or Jus Loci (Law of the soil or law of the place).

Under this principle, the law of the soil or the place of birth determines the citizenship of the child
regardless of the citizenship or blood of one or both parents. Thus, when a child is born in any part of the
territory of the country be it in aerial, terrestrial, or maritime domain, he or she automatically becomes a
citizen of that country. This principle is followed by the United States and France. A pregnant Filipino
mother, for instance, who gave birth in a commercial place which had entered US airspace is, under this
rule, the child is already considered an American citizen even though the mother is an alien.

To be a Filipino citizen, a person must belong to any of the following types of citizens as determined
by the constitution and laws:

Natural-born citizens

Naturalize-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” (Art. IV, Sec. 2). Thus a child who is born
in the Philippines of Filipino parents, or a Filipino mother or father after the ratification of the 1987
Constitution on February 2, 1987 is a natural-born citizen.

Citizens through election

This refers to those who are born of Filipino mother before January 17, 1973 and who upon
reaching the age of majority or 18 years old after the ratification of the 1973 Constitution (even prior to the
effectivity of the new Constitution on February 2, 1987) chose or elected Philippine citizenship are
considered natural born-citizens. Those who failed to make such election are considered aliens.

Citizens at the time of the adoption of 1987 Constitution

Those who are considered citizens of the Philippines under the 1987 Constitution at the time of the
adoption of the new constitution on February 2, 1987 are also natural- born citizens.

Naturalized citizens

Naturalized citizens are citizens by operation of law. These are aliens or foreigners who acquired
Filipino citizenship by applying and complying with all requirements provided in the Philippine naturalization
law. Naturalization is defined as an ‘act of formality adopting a foreigner into the political body of the state
and clothing him or her with rights and privilege of citizenship” (De Leon 1997: 126). A person may be
naturalized in two ways: 1) by judgment of the court, after foreigner-applicant had complied with all the
conditions prescribed by law, or 2) by direct act of Congress, in which a foreigner is conferred citizenship by
a law enacted by Congress. The Jesuit American historian Fr. John Schumacher, S.J. became a
naturalized Filipino by direct act of Congress because of his great contribution to Philippine History.

5) Dual citizens

Under a new law passed by Congress a Filipino can still retain his/her citizenship despite the fact
that s/he has acquired a foreign citizenship. Thus, a person can still be a Filipino citizen even if s/he has
become a green card holder or has become an American.

Suffrage (Art. V)

Since the country is under a republican presidential system, elections abound. We witnessed many
elections in the past and expect more to come in the future. Therefore it isproper for citizens to
know their basic rights with regard to suffrage under our present constitution. Suffrage is “the right
and obligation to vote for qualified citizens in the election of certain national and local officers of
the government and in the decision of public questions submitted to the people” (De Leon 1997:
135). Under the 1987 Constitution (Art. V, Sec. 1), suffrage may be exercised by all citizens of the
Philippines who are not disqualified by law and who are

: (1) at least 18 years old, and

(2) who have resided in the Philippines for at least 1 year, and
(3) who are in the place wherein they propose to vote for at least 6 months before the election

.The Scope of Suffrage

Suffrage is a broad term that includes various types of electoral processes. Registered voters exercise
suffrage in any of the following cases:

Election

Election is the process by which the voters choose their officials for definite and fixed terms
as their duly chosen representatives in exercising their sovereign power in the government. The
Commission on Elections (COMELEC) is the constitutional commission tasked by the constitution to
conduct and supervise elections. To save money for the government, the national election of the
president and vice-president every 6 years is usually synchronized with the elections of members of
Congress and local public officials. This is done on the second Monday of May.

Plebiscite

A plebiscite is the process by which the people express their choice for or against a
proposed law or enactment submitted to them. It is also a form of election where voters go to
 election precincts to cast their votes whether they approve or ratify any proposed amendment to, or
revision of the Constitution (Art. XVII, Sec.2). Any proposed changes affecting local government
units also requires the approval of the people by plebiscite (Art. X, Secs. 10, 11, 18).

Referendum

This is a process by which a law or part thereof passed by Congress or local legislative body
is presented to the voters for their ratification or rejection (see Art. VI, Sec. 32).

Initiative

This is a process by which the people directly propose and enact new laws. This requires a
petition containing the proposed law or amendment of the constitution and the required number of
verified signatures of petitioners. Congress has been tasked by the Constitution to provide this
system of initiative and referendum. Amendments to the Constitution can also be directly proposed
by the people through their initiative.

Recall

Recall is the process by which an elected official is removed from office during his/her
tenure by a vote of the people after registration of a petition signed by a required percentage of the
qualified voters. The former governor of Pampanga, Fr. Ed Panlilio underwent this process. He was
removed by his political enemies but he won in a recall election thereafter.

Forces Influencing Philippine Suffrage

Since suffrage implies positioning people in the political system that determines control of our
country’s resources, foreign forces, various institutions, including political parties, groups and individuals
compete to field their own set of candidates, making our electoral system subject to external and internal
control. From the outside, many Philippine elections appear to be democratic and peaceful. But from the
inside, especially if one examines the system empirically, various schemes of cheating and manipulations
devised by external and internal forces can be observed.

An important external force that determines our election especially with regard to the presidency is
the American interference. Political analysts often observe that no can win the presidency without the
endorsement and the blessing of the United States. The US has so much to lose in their economic and
military interests if a new Philippine president is an anti-American. The Central Intelligence Agency (CIA) of
the US, for instance, is said to be behind the election of President Ramon Magsaysay because the
Americans feared the growing influence of communism in the Far East which threatened their capitalist
interest. The US wants a Philippine President who is friendly to America in order to protect their
multinational corporations in the country and to a maintain military presence in the Asia-Pacific.

In addition to the American interference in our elections is the influence of powerful institutions in the
country like the military, the Church and the media. Some politicized members of the military such as the
Reform Armed Forces Movement (RAM) or the organization of retired generals have their own preferred
candidates and mobilize their own connections and resources to win elections. The churches too, led by
the Catholic Church and Iglesia ni Cristo, play a crucial role in elections. The Iglesia ni Cristo, for instance,
engages in bloc voting and thus politicians often court its endorsement. The mass media led by the big TV
networks also have their preferred candidates. In fact, some top politicians in the country like Senator Loren
Legarda and Vice-President Noli de Castro are former broadcasters of ABS-CBN. Despite the declaration
of media of being neutral and impartial in reporting, one can still notice a bias in the manner and frequency
of covering the campaign of certain candidates.

The underworld also influence our elections. Drug lords as well as “Jueteng” and gambling lords
invest money in elections to insure that the winners can become protectors of their illegal trade. Political
parties also determine elections. That is why politicians called “political butterflies change party very often
to corner funds for their candidacy. In particular, the administration party, supported by the incumbent
president, is often seen as using illegal or public funds without qualms of conscience just to make sure that
their candidates sweep the election. Big businessmen also contribute to the campaign funds of politicians
to insure that the new government would be friendly to their economic interests. Warlords in the provinces
also influencing elections. It is alleged that the Ampatuans in Maguindanao, for instance, were able to
deliver votes allegedly through cheating, violence and intimidation to the former president Gloria Arroyo and
her senatorial candidates during the last 2004 elections. The Dimaporos of Lanao were said to be helping
Marcos to get more votes in Mindanao during his incumbency.

Suffrage as a Privilege and Political Rights

Suffrage is both a privilege and a political right granted by the constitution. It is not a natural right but
a privilege. Thus one may or may not exercise this right. Therefore a voter who boycotts an election
because he or she feels that the election is a farce or an exercise in futility because all the candidates are
unfit or the entire electoral process seems manipulated, he or she cannot be punished by law. During the
snap election called by Marcos in 1986, the left or the communists and other concerned sectors chose to
boycott and not to participate in a farce election allegedly manipulated by the former dictator. With political
dynasties existing in the country and the culture of cheating in Philippine elections, one wonders if the
principles of suffrage in our constitution can effect meaningful change in our political system. With a high
level of social inequality prevailing in the country, one cannot expect elections to be democratic: the few
powerful elite remain in control of elections and public service while the poor who live below the poverty line
remains the victims of manipulation and vote buying and abuse.