The

The
Philippine
Philippine
Constitution
Constitution
 Constitutio
n
• Basic principles and law of a nation, state or social
group that determine the power and duties of
government and guarantee rights to the people

• Written instrument embodying rules of political

or social organization
• Fundamental and entrenched rules governing conduct of an
organization or state and establishing its concept, character
and structure

• Short document, general in nature, embodying

aspirations and value to writers and subjects

• Set of fundamental principles or precedents according to

which state or organization is governed
Written constitution
constitution
- principles written to a single document or set of legal
documents
Codified
Constitution
- set of fundamental principles
comprehensive document
written down in single
US
- first written national constitution
UK
- constitution are uncodified but written in numerous
fundamental Acts of a legislature, court cases or
treaties
India
Constitution
- longest written constitution in
the world, has 444 articles in 22
parts, 12 schedules and 118
amendments with 146,385 words
in English-language version
Monaco
Constitution
- shortest written constitution with 10 chapters with 97
articles and total of 3,814 words

• Treaty - establish an international

organization
• Define principles which state is based, laws
are made by whom
Codified
• Constitution
Codified Constitution
- act as limiters of state power by
establishing lines which state rulers cannot
cross like fundamental rights
1897 Constitution of Biak-na-Bato
• March 22,1897 at San Francisco de Malabon,
Cavite
- first presidential and vice-presidential elections
in Philippine history were held

• November 1,1897 at Biak-na-Bato in San Miguel

de Mayumo, Bulacan
- Republic of Biak-na-Bato Was establish
Biak-na-Bato Republic
- had a constitution drafted by Isabelo Artacho
and Felix Ferrer based on Cuban Constitution

• Known as “Constitucion Provisional de la

Republica de Filipinas” (Provisional
Constitution of the Philippines)

• Written and promulgated in Spanish and

Tagalog language
 1899
1899 Malolos
Malolos Constitution
Constitution (1899-1901)
(1899-1901)
• 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.
 1899
1899 Malolos
Malolos Constitution
Constitution (1899-1901)
(1899-1901)

• January 20, 1899 at Barasoain Church in Malolos, Bulacan

 1899
1899 Malolos
Malolos Constitution
Constitution (1899-1901)
(1899-1901)

• Barasoain church was chosen to be the site of the

first Philippine congress (Malolos congress). Which
was conveyed on September 15, 1898 be drafted on
what would become the Malolos Constitution
1899
1899 Malolos
Malolos Constitution
Constitution (1899-1901)
(1899-1901)
• Barasoain church or also known as the
Our Lady of Mt. Carmel Parish was
originally founded by Rev. Francisco
Royo, O.S.A but was destroyed by fire
on May 1884 and was rebuilt by Rev.
Juan Giron, O.S.A in 1885.
• Having earned the title as the “Cradle
of Democracy in the East”, Barasoain
church is undeniably one of the most
important and historical structure in
the Philippines.
 1899
1899 Malolos
Malolos Constitution
Constitution (1899-1901)
(1899-1901)
• It was written in Spanish. The Political Constitution of 1899,
which was the official language of the Philippines of the time. It is
composed of ninety-three articles divided into fourteen titles with
transitory provision in eight further articles and with one
unnumbered additional article.
• First Republican constitution in Asia. The republic of Malolos was
the first to frame a comprehensive constitution duly-noted by a
partially elected congress.
A. Declared sovereignty resides exclusively in the
people
B. Stated basic civil rights
C. Separated church and state
D. Called for creation of Assembly of
Representatives to act as legislative body
E. Called for parliamentary republic as form of
government. President was
• Elected for a term of 4 years by Assembly majority
A. Declared sovereignty resides exclusively in the
people

• Article 1. The political association of all Filipinos

constitutes a nation, whose state shall be known as
the Philippine Republic
• Article 2. The Philippine Republic is free and
independent
• Article 3. Sovereignty resides exclusively in the
people.
B. Stated basic civil rights
Title IV stated that Filipinos have the right to be a
citizen, to have privacy and to have fair justification
when commissioned to a crime.

Composed of articles 6-32

C. Separated church and state

Article 5. The State recognizes the freedom and

equality of all religions, as well as the separation of
the Church and the State.
D. Called for creation of Assembly of Representatives
to act as legislative body
Legislative Power
-Is an assembly with the authority to make laws for a
political entity such as a country or city.
-In Malolos constitution the Legislative Power is composed
of 21 Articles and gives rights for the members of the
Assembly to represent the who nation and not exclusively the
electors who elected them.
E. Called for parliamentary republic as form of
government.

-President was elected for a term of 4 years by assembly

majority. It was mentioned in Article 53 that the office of
representatives shall be for a term of four years and shall be
compensated by a sum freed by law according to the
circumstances.
Acts of the United States Congress (1902-1934)

• December 10, 1898-March 24,1934

- Philippines was a United States Colony
• Under the jurisdiction of Federal Government of
United States of America
• US Congress
- passed 2 acts; (Philippine Organic Act of 1902
and Philippine Autonomy Act of 1916)
• Considered informally as Philippine Constitution
• Acts defined fundamental political principles of
the land
• Establish structure, procedure, powers and
duties of Philippine government
• The 3rd act of the US Congress
Philippine Organic Act of 1902

• Known as Philippine Bill of 1902

• First organic law for Philippine Island
enacted by US Congress
• Provide creation of a popularly elected
Philippine Assembly
• Legislative power be vested in a bicameral
legislature composed of Philippine
Commission (upper house) and Philippine
Assembly (lower house)
• Include bill of rights for the Filipino and
appointment of two non-voting Filipino
Resident Commissioner of the Philippines
to represent the Philippines in the US
House of Representative
 Philippine Autonomy Act of 1916

The Jones Law created the first fully elected Philippine

legislature. The law was enacted by the 64th United States
Congress on August 29, 1916, and contained the first formal and
official declaration of the United States Federal Government's
commitment to grant independence to the Philippines.
Philippine Autonomy Act of 1916
Governor General Francis Burton
Harrison
His title and name was one of
particularly harmonious collaboration
between Americans and Filipinos. He
reflected the relatively liberal stance of
Woodrow Wilson’s Democratic Party
administration. In 1913, Wilson had
appointed 5 Filipinos to the Philippine
Commission of the Legislative, giving
it a Filipino majority for the first time.
Philippine Autonomy Act of 1916
• Modified structure of Philippine government by
removing Philippine Commission as legislative
upper house and replace it with a Senate elected
by Filipino voters creating the Philippines first
fully elected national legislature
Philippine Autonomy Act of 1916
• Muslim datu petitioned United States president
Franklin D. Roosevelt, asking that "the American
people should not release us until we are educated
and become powerful because we are like a calf
who, once abandoned by its mother, would be
devoured by a merciless lion."
• Stated it was and had always been the purpose of
the people of the US to end their sovereignty over
Philippine Island
• To recognized Philippine independence as soon as a
stable government establish
Tydings-Mc Duffie
Tydings-Mc Duffie Act
Act (1934)
(1934)

• Provided authority and defined

mechanism for establishment of a
formal constitution via
constitutional convention
1935 Constitution (1935-1943, 1945-1973)
• Written in 1934, approved and adopted by Commonwealth
of the Philippines (1935-1946) and later used by the Third
Republic (1946-1972)
• Written with an eye to meeting the approval of US
Government to ensure that US will live up to its promise to
grant the Philippine Independence and not a premise onto its
possession that it was politically immature and unready to
full, real independence
• Provide for unicameral National Assembly
• President elected to 6 years term without re-election
• Amended in 1940 to have bicameral Congress
composed of Senate and House of Representative as
well as creation of independent electoral commission
• It grants the President 4 years term with maximum
of 2 consecutive terms in office
1943 Constitution (1943-1945)

• Drafted by a committee appointed by

Philippine Executive Commission, body
established by the Japanese to administer
the Philippine in lieu of Philippine
Commonwealth that establish a
government-in-exile
• Japanese Premier Hideki Tojo- promise the
Filipinos “the honor of independence”
• Preparatory Committee for Philippine
Independence- task to draft new constitution
compose of members of prewar National
Assembly and individuals with experience as
delegates to convention that draft the 1935
Constitution
• Draft is limited in duration, provide indirect
legislative elections and stronger executive
branch
• New charter was ratified in 1943 by an
assembly of appointed, provincial
representatives of Kalibapi, organization
establish by the Japanese to supplant all
previous political parties
• Second Republic-proclaimed (1943-1945)
•Jose P. Laurel
- appointed as President by National
Assembly; highly regarded by Japanese
for openly criticized the US for the way
they ran the Philippines; he had degree
from Tokyo International University
• Remained in force in Japanese
-controlled areas of the Philippines but
never recognized as legitimate or
binding by the Government of US or
Philippine Commonwealth and guerilla
organization loyal to them
• 1944
1944
- Laurel declare state of war with US and
British Empire and declare martial law
• December 1944
- his government went to exile in Taiwan the
Japan
• After Japanese surrender, Laurel dissolve the
Second Republic
• Provide strong executive power
• Legislature
- consist of unicameral National Assembly and
those consider to be anti-US would stand for
election
Second
• Republic
Second Republic
- not viewed as legitimate Philippine government
or having standing except Supreme Court, whose
decision is limited to reviews of criminal and
commercial cases as part of policy of discretion
continued to be part of official records
• Jose Yulo
- Supreme Court Chief Justice in
1943 Constitution. Despite the
difficulties experienced under 
Japanese occupation, Yulo attempted
to maintain the integrity of the
judiciary despite pressure from the
Japanese military to sway in decisions
on certain cases.
• Made easier for Commonwealth
government-in-exile never
constituting Supreme Court
• Jose Abad Santos
-was captured in Baryo Tubod,
Barili in April 11,1942 and was
executed by the order of Japanese
General Hayashi at Malabang,
Lanao in May 2, 1942. He’s
patriotism was something to be
proud of as a Filipino and he
reflected on Jose Rizal’s
determination to be loyal to his
homeland.
• Jose Abad Santos

"Do not cry, Pepito, show to these people that

you are brave. It is an honor to die for one's
country. Not everybody has that chance."
• Macapagal administration
- partial political rehabilitation of
Japanese era republic took place with
official recognition of Laurel as former
president
• This constitution is not taught in school
Laws of 1943-1944 National assembly
Half of the membership of the assembly
consisted of provincial governors or city
mayors acting in an ex officio capacity, while
the other half were indirectly elected
through local conventions of KALIBAPI
 members during the 
Japanese occupation of the Philippines.
Never recognized as valid or relevant
 1973
1973 Constitution
Constitution
• 1971
- Constitutional Convention was held to rewrite 1935
Constitution
• Constitutional Convention manifest bribery and
corruption
• The most controversial issue was removing the
presidential term limit so Ferdinand Marcos could seek
election for a third term which felt a true reason which
convention is called
• 1935 Constitution
- suspended in 1972 with Marcos
proclamation of martial law
• Promulgated after Marcos declaration
of martial law
• Supposed to introduce parliamentary-
style government
• Legislative power
- vested in unicameral National Assembly whose
members were elected for 6 years term
• President
- elected as symbolic and purely ceremonial head
of state chosen among the member of National
Assembly for 6 years term and could be re-elected
to an unlimited number of terms
• Upon election, President ceased to be a member of
National Assembly
• President
- during his term, not allowed to be member of a political party or
hold any other office
• Executive power
- exercised by Prime Minister who was also elected among sitting
Assemblymen
• Prime Minister
- head of government and Commander-in- Chief of Armed Forces
• October 16-17, 1976
- majority of barangay voters (called Citizen’s Assembly)
approved that martial law should be continued and ratified the
amendments to the Constitution proposed by President Marcos
1976 amendments:
A. An Interim Batasang Pambansa (IBP) substituting
Interim National Assembly
B. President would also be the Prime Minister and
continue to exercise legislative powers until martial law is
lifted
• Sixth Amendment- authorize President to legislate his
own on an emergency basis (grave emergency, threat)
• 1973 Constitution- further amended in 1980 and 1981
• 1980 Amendment- retirement age of judiciary member is
70
• 1981 Amendments

- false parliamentary system was modified to

French-style semi-presidential system:
A. Executive power was restored to the President
B. Direct election of President was restored
C. Executive Committee composed of Prime
Minister and More than 14 members was created to
“assist the President in the exercise of his power”
• Prime Minister
Minister
- head of the Cabinet
• Amendments instituted electoral reforms
and provide that natural born citizen of
the Philippines who lost his citizenship
maybe a transferee of private land for use
by him as residence
•1984 Amendments
- abolished Executive Committee and
restored position of Vice-President (did not
exist in original unamended 1973 constitution)
• Final form of 1973 Constitution
- abolition of the Senate
• House of Representatives
- known as Batasang Pambansa or National
Assembly
• Department
- become Ministries
• Cabinet Secretaries
- become Cabinet Ministers
• Executive Secretary
- President’s Assistant become Prime Minister
• Marcos parliamentary system function as
authoritarian presidential system with all real
power in the hands of the President
 1986 Freedom
1986 Freedom Constitution
Constitution (1986-1987)
(1986-1987)

• President Corazon C. Aquino

- issue Proclamation No. 3 as provisional
constitution
• Granted President’s broad power to reorganize
government and remove officials as well as
mandating the President to appoint a commission to
draft a new, more formal constitution
• Called Freedom Constitution

• Intended as temporary constitution

to ensure freedom of the people and
return to democratic rule
 1987 Constitution (1987-Present)

• Constitutional Commission
- composed of 50 members appointed by Pres.
Corazon Aquino including former members of
House of Representatives, former Supreme
Court Justices, Roman Catholic bishop, political
activist against Marcos regime
• Cecilia Muñoz Palma
- former Associate Justice of Supreme
Court as President of Constitutional
Commission
• Several issue like form of government to
adopt, abolition of death penalty, retention
of US bases in Clark and Subic,
integration of economic policies in
constitution
• Lino
Lino Brocka
Brocka
- film director and political activist, member of
Commission walked out before constitution’s
completion and 2 other delegates dissented from the
final
• October 12, 1986 - final draft is finish
• October 15, 1986 - constitution is presented to Pres.
Aquino
• February 8, 1987 - constitution was ratified by a
plebisite
 A. Structure and
Contents
• Contains preamble and 18 self-contained
articles with section numbering that resets for
every article
• Preamble
- introduce the Constitution and source of
sovereignty, the people. Follows pattern of past
constitution including an appeal to God
1987 Constitution (1987-Present)
 PRESIDENT AND
CONGRES VICE
SUPREME
COURT
S PRESIDENT

SENAT
E
HOUSE OF
REPRESE
NTATIVES
Article I- National Territory
Territory
• National Territory
- Terrestrial Domain
- Fluvial Domain
- Aerial Domain
Philippine Archipelago
- Territorial sea
- sea bed
-sub soil
- insular shelves and other submarine areas
Article I-
National Territory
• Internal water
Article I- National Territory
 Article II-
Declaration of Principles and State Policies

- lays out the basic social and political creed

of the Philippines, particularly the
constitution implementation and set forth the
objectives of the government
 Article II-
Declaration of Principles and State Policies
Republic and Democracy
Doctrine of INcorporation
Civil Service and Civilian Authority
Separation between the State and the Church
Foreign Policy
Nuclear Weapons
Social Justice
Human Rights
Social Institutions
 Article II-
Declaration of Principles and State Policies
Youth and Women
Health and Ecology
Education, Science, Technology, Arts, Culture,
and Sports
Labor Welfare
Pursuit of Self-Reliant and Independent
National Economy
Indispensable role of the Private Sector
 Article II-
Declaration of Principles and State Policies

Agrarian Reform
Indigenous Cultural Minorities
PO and NGOs
Public Offices and Public Disclosure
Article III- Bill of Rights

- enumerates specific protection against the

abuse of state power, similar to the provisions
of US Constitution. Scope and limitation of
these rights are largely determine by Supreme
Court through case law
 Article III- Bill of Rights
THE DIFFERENT RIGHTS FOR THE
FILIPINO PEOPLE
1. Right to Due Process
2. Right against unreasonable seizures and
searches
3. Right of privacy
4. Freedom of speech
5. Freedom of assembly
6. Freedom of religion
 Article III- Bill of Rights
THE DIFFERENT RIGHTS FOR THE
FILIPINO PEOPLE
7. Liberty of abode
8. Right of people to information
9. Right to form associations
10. Right to just compensation
11. Writ of Habeas Corpus
12. Ex Post facto law and bill of attainder
13. Bill of attendee
 Article III- Bill of Rights
THE DIFFERENT RIGHTS FOR THE
FILIPINO PEOPLE
-Miranda rights
-Right to remain silent
-Right to presumption of innocence
-Right to a speedy impartial public trial
-Right against the use of torture force
-Right against being held in secret detention
-Right to informed of the changes and cause of
accusation.
 Article III- Bill of Rights
THE DIFFERENT RIGHTS FOR THE
FILIPINO PEOPLE
-Right to witnesses and evidence compulsary
production.
-Right Against Self-Incrimination
-Right not to be detained by a reason of political
beliefs and aspirations
-Right against execssive fine
-Right to bail
-Right against infliction of Death penalty
-Right against double jeopardy
 Article IV- Citizenship
• Defines citizenship of Filipinos

• 2 kinds of citizens:
• natural born citizens and;
• naturalized citizens
Modes of acquiring citizenship:
By Birth:
• Jus sanguinis
- citizenship is mainly acquired by blood
relationship with Filipino citizens
• Jus Soli
- which is the legal principle that a person’s
nationality at birth is determined by the place
of birth 
 Article V- Suffrage
• Mandates various age and residence
qualifications to vote and a system of
secret ballots and absentee voting
• Mandates procedure for overseas and
disabled and illiterate Filipinos to vote
Article
Article VI-
VI- Legislative
Legislative Department
Department
• Provides a bicameral legislature called
Congress compose of Senate and House of
Representative
• Congress
- power of investigation and inquiry in
aid of legislation, power to declare
existence and state of war, power of purse,
taxation and eminent domain
ARTICLE 6: LEGISLATIVE
6: LEGISLATIVE
DEPARTMENT
Section 1: The legislative powers shall be
vested in the Congress of the Philippines
Section 2: The Senate shall be composed of
twenty-four senators
Section 3: No person shall be a senator unless
he/she is a natural born filipino
Section 4: The term of office of the shall be
six years
ARTICLE 6: LEGISLATIVE
6: LEGISLATIVE
DEPARTMENT
Section 5: The House of Representatives shall
be composed of not more than two hundred
and fifty members who shall be elected from
the Legislative districts.
ARTICLE 6: LEGISLATIVE
DEPARTMENT
Section 6: The Representatives should be a
Filipino with at least 25 years of age, has sufficient
knowledge in reading & writing and that he is
eligible for voting.
Section 7; The memberd of ther House of
Representatives shall be checked for a term of
three years by not more than 6 years of
imprisonment.
ARTICLE 6: LEGISLATIVE
DEPARTMENT
Section 12: All members of the Senate and the
House of Representative shall upon the
assumption of office made a full disclosure of their
financial and business interest.
Section 13: No senator or member of the House of
representative may hold any other office or
employment in the Government during this term
without his/her seat.
ARTICLE 6: LEGISLATIVE
DEPARTMENT
Section 15: The Congress shall convene once
every year on the Fourth Monday of July to
its regular session and shall continue to be in
session for such number of days as it may
determine until thirty days before the
opening of the next regular session exclusive
of Saturdays, Sundays and Legal Holidays.
- The President may call a special session
anytime.
ARTICLE 6: LEGISLATIVE
DEPARTMENT
Section 16:
1. The Senate shall elect its president and the house of
representatives its speaker, by a majority vote of all
the respective members
2. A majority of each House shall constitute a quorum to
do business
3. A penalty of suspension shall not exceed sixty days.
4. Each House shall keep a journal of the proceedings
and from time to time publish the same excepting such
parts in this judgement affect national security.
ARTICLE 6: LEGISLATIVE
DEPARTMENT
Section 17: The Senate and the House of
representative shall have an Electoral
Tribunal which shall be the sole judges
of all contests relating to the election
returns and qualifications of their
respective members.
Section 18: There shall be a commission
on appointments submitted to it.
ARTICLE 6: LEGISLATIVE
Section 21: The senate or the house of
DEPARTMENT
representatives or any of its repective committee
may conduct inquiries in aid of legislation in
accordance with its duly published rules or
procedure.
Section 26: 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.
ARTICLE 6: LEGISLATIVE
DEPARTMENT
Section 27: Every Bill passed by the
congress shall before it became a law be
presented to the President. If he
approves the same, shall go and sign it,
otherwise he shall veto it and return the
same with his objections at large or its
journal and proceed to reconsider it.
ARTICLE 6: LEGISLATIVE
DEPARTMENT
CONGRESS POWERS
Impeachment Power- officials covered
president, vice president, members of
the supreme court, etc.
Grounds for impeachment- treason,
bribery, graft and corruption, betrayal
of public trust
ARTICLE 6: LEGISLATIVE
DEPARTMENT
CONGRESS POWERS
Filing- Verified complaint at the house of
representative.
Verification- House committee on justice
conducts hearing and endorses it to the
plenary 1/3 of the vote of the house members.
Power of Appropriation- Congress has the
power to create government budget,
revenues, etc.
ARTICLE 6: LEGISLATIVE
DEPARTMENT
CONGRESS POWERS
Declaration of war- declare in concurrence
of the 2/3 vote of the members.
Check martial law- congress meeting within
72 hours from the declaration of maetial
law.
Confer Emergency powers- gives
emergency power to the president in times
of war.
ARTICLE 6: LEGISLATIVE
DEPARTMENT
CONGRESS POWERS
Progressive Taxation- congress has the
power to create progressive and uniform
taxations.
Legislative Inquiry- power of congress
to conduct investigation in and of
legislative.
Article VII- Executive Department

- provides presidential form of government

where executive power is vested in the
President. Provides qualification, terms of
office, election, power and function of the
President. Provides a Vice-President and
presidential line of succession
ARTICLE 7: EXECUTIVE
DEPARTMENT

Executive- enforces the law what was

made by the legislative and
interpreted by the judiciary
ARTICLE 7: EXECUTIVE
DEPARTMENT
Roles of President:
- Chief executive
- Head of the state
- Chief diplomat
- Commander in chief of armed forces
Vice President – under the president
- Second in succession
Cabinets – serves as advisers / alter ego of the
President
ARTICLE 7: EXECUTIVE
DEPARTMENT
Qualifications of President and Vice President
- Able to read and write
- Natural- born citizen
- Registered voter
- 10 years residence of the Philippines
- 40 years old

Presidential Term- 6 years per term

ARTICLE 7: EXECUTIVE
DEPARTMENT
Privileges of the President
- Wages
- Free lodging
- Postal privileges
- Access to vehicles such as yacht,
helicopter, car etc.
ARTICLE 7: EXECUTIVE
DEPARTMENT
Line of succession:
- Vice president
- Senate President
- Speaker of the House of the
representatives
ARTICLE 7: EXECUTIVE
DEPARTMENT
Power of the President:
- Enforcement Power
- Appointment power
- Power of control
- Power of general Supervision
- Military Power
 ARTICLE 7: EXECUTIVE
-DEPARTMENT
Power to Suspend “writ of habeas
Corpus”
- Budgetary power
- Diplomatic Power
- Power to Grant pardon, Reprieve,
commutation and Amnesty
- Informing power
- Emergency Power
 Article VIII- Judicial Department
Judicial Department-In-depth
understanding of the development of the
Philippines Judicial system.
Court- They all have judicial power.
Stare decisis principle - for consistency,
courts will look on previous decisions
(precedents) as guidance in deciding cases.
ARTICLE 8: JUDICIAL
Section 1- Judicial power shall be vested in the
DEPARTMENT
Supreme Court and all the lower courts

Supreme Court- is the highest court in the land.

Judicial Power- The power to the laws to contests or

disputes concerning legally organized rights and duties
between the staked and putuate person, or to individual
litigants in cases properly brought before judicial
tribunals.
ARTICLE 8: JUDICIAL
DEPARTMENT
Entails Two Activities
1. Setting legal controversies
2. Determining whether there has
been grave abuse of discretion
amounting to lack of or excess of
jurisdiction by any branch of
government.
ARTICLE 8: JUDICIAL
DEPARTMENT
Two Kinds Of Philippine Courts
Trial Courts - courts that hear and decide
cases, accomodates questions of fact.
Review Courts - courts that review the
decisions from the trail courts,
accomodates questions of law.
ARTICLE 8: JUDICIAL
DEPARTMENT
ARTICLE 8: JUDICIAL
Special Courts
DEPARTMENT
1. Sandiganbayan - specal court focusing on
cases involving graft and corruption of
government officials and employees.
2. Court of Tax Appeals - special court focusing
on appeals from the decisions of the Bureau of
Customs and Bureau of Internal Revenue.
3. Shari’a Court System - special court focusing
on cases involving the Code of Muslim
Personal Laws.
ARTICLE 8: JUDICIAL
DEPARTMENT
Quasi-Judicial Agencies
- administrative agencies that are not
courts of justicbut empowered by law to
hear and decide certain classes of cases
due to their specialized nature.
ARTICLE 8: JUDICIAL
DEPARTMENT
 ARTICLE 8: JUDICIAL
DEPARTMENT
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:
 ARTICLE 8: JUDICIAL
DEPARTMENT
(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.
 ARTICLE 8: JUDICIAL
DEPARTMENT
(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.
 ARTICLE 8: JUDICIAL
DEPARTMENT
(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.
ARTICLE 8: JUDICIAL
Composition
DEPARTMENT
• One Chief Justice
• Fourteen Associate Justices
Bar Council
• Chief Justice of Supreme Court
•Secretary of Justice
•A representative from the Congress
•A representative of the Integrated Bar
•A professor of Law
•A retired member of the Supreme Court
•A reprsentative of a Private Sector
ARTICLE 8: JUDICIAL
DEPARTMENT Qualifications
• Must be a natural born citizen of the Philippines
• At least 40 years of age
• 15 years or more as a judge of a lower court or
engaged in the practice of law in the Philippines
• Must be a person of prove, competence, integrity,
prolibity and independence.
ARTICLE 8: JUDICIAL
DEPARTMENT
Petitions Filed in Supreme Court

• Quo Warranto - action by government

to recover an office or franchise from
an indiviual or corporation usurping or
unlawfully holding it.
ARTICLE 8: JUDICIAL
DEPARTMENT
Petitions Filed in Supreme Court
• Prohibition - order issued by a superior
court in which it commands a lower
court or a corporation, board or person
acting without or in excess of its
jurisdiction to desist from further
proceedings in an action or matter;
available to the aggreieved party.
ARTICLE 8: JUDICIAL
DEPARTMENT
Rendering Court Decisions
• Once a decision is reacted an SC justice is
assigned to write an opinion
• The opinion is certified by the Chief Justice
and served on the parties concerned
• Dissentions and abstentions must be expired.
• The view must explain facts of law.
Article IX- Constitutional Commissions

- establish 3 Constitutional
Commission: Civil Service
Commission, Commission on Elections
and Commission on Audit
Article X- Local Government
- local autonomy and mandates Congress to
enact law for local government now Local
Government Code
- specific to a particular locality
- provide public services

Power of Local Government according to LGC:

- Basic services
- Regulatory Powers
- Enhanced Governmental powers
Article XI- Accountability of Public Officers
- establish Office of the Ombudsman
responsible for investigating and prosecuting
government officials
- Vested in Congress the power to impeach President,
Vice-President, Supreme Curt members and
Ombudsman
Article XII- National economy and
Patrimony
Its goal is to preserve and maintain the
stability of the budget of our treasury and
the conservation of our faunas by limiting
the number of construction and expanding
national parks.
Article XIII- Social Justice and Human
Rights
Shall guarantee the rights of all workers to
self organization for labor. Rights for
farmers on landowning, organizing and
managing agriculture. State shall adapt
benefits for the incapable citizens and
protecting working women by providing
healthy working conditions.
Article XIII- Social Justice and Human
Rights
- Labor
- Agrarian and natural resources
reform
- Urban land reform
- Health
- Women
- Role and rights of People’s
organizations
- Human Rights
Article XIV- Education, Science and
Technology, Arts, Culture and Sports
Shall protect and promote rights to have
quality education and continue developing
bilinguality. State shall prioritize
researches and development of science and
technology. Enrich dynamically our
national culture. Promote and encourage
sports and league competitions.
 Article XV- The Family
Mandates Filipino family as a part of
foundation of the nation. It shall give
rights for citizens to have a family
according to their society profile. Child
support and protection from family abuse.
Finally, right of families to participate in
planning and implementation of policies
and programs that benefits them.
 Article XVI- General Provisions
Laws that gives respect to our national
status. Gives recognition to our Philippine
flag. Allows the congress to adapt nee
name for the country, a national anthem or
a national seal, which shall be reflective to
our ideals. Rights for military forces to
undergo military training and serve as
may be provided by law.
 Article XVII- Amendments or
Revision
Any decision of the constitution may be
proposed by the congress upon a vote by
three-fourths of all its members. Directly
proposed by the people through initiative
upon a petition of at leadt 12% of total
number of voters.
 Article XVIII- Transitory Provisions
Mandates the first elections of members
that was held on the second Monday of
May 1987. 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.
THANK YOU