The Constitution

Of the Republic of the Philippines

The Constitution
The fundamental law or basis of the
government.
Established by the people
Principles for the Government of a nation
Protect the rights, liberty and property of
the people
Nature and Purpose of the
Constitution
Serves as the supreme or fundamental law
◦ Constitution is the charter creating the
government
◦ Fundamental law of the land
◦ All other laws will conform to the constitution
Cont.
Establishes basic framework and
underlying principles of government
◦ Assign the department or branches of the
government
◦ Protect the rights of the people the individuals
against the arbitrary actions of those in
authority
◦ Its function is not to legislate in detail but to
set limits on the otherwise unlimited power of
the legislature
Constitutional Law
Public Law
Treats the constitutions, their nature,
formation, amendment and interpretation
The law embodied in the constitution as
well as the principles growing out of the
interpretation and application made by the
courts.
Kinds of Constitution
As to their origin and history
◦ Conventional and enacted (enacted by ConAss)
◦ Cumulative and evolved (product of long period
of development)
As to their form
◦ Written (enacted by ConCon)
◦ Unwritten (product of Political evolution)
As to manner of amending them
◦ Rigid or inelastic
◦ Flexible or elastic
What are the Advantages and what
is the Disadvantage of a Written
Constitution?
Answer..
Advantages:
◦ It has clearness and definiteness
◦ It is prepared with great care and deliberation
◦ Cannot be easily bent and twisted by the
Legislature and by the Court
Disadvantage:
◦ It lies in the difficulty of its amendment
Essential Qualities of a good written
constitution
As to form:
◦ Brief
◦ Broad
◦ Definite
As to contents:
◦ Dealing with the framework of the government and its
powers and defining the electorate (Constitution of the
Government)
◦ Setting forth the fundamental rights of the people
(Constitution of liberty)
◦ Procedure for amending or revising the constitution
(Constitution of Sovereignty)
Constitution distinguished from
Statue
Constitution
◦ Legislation direct from the people
◦ Merely states the general framework of the Law
◦ Not merely existing conditions but to govern the
future
◦ Fundamental Law
Statue
◦ Legislature from the people’s representative
◦ Provides the details of the subject
◦ Intended primarily to meet existing conditions
only
◦ Will conform to the Constitution
Political Structure during the Spanish
Period
King

Ministro de Ultramar

Residencia
Central Government Royal
Visita Audiencia

Alcadias Ayuntamiento Corregidor

Pueblo

Barangay
American Occupation
Benevolent Assimilation
American Intention to the Philippines
Military Government
◦ Major General Wesley Merritt
 Recognized the Courts of the country
 Organized towns and provincial governments
 Introduced Public Schools
First Philippine Commission
Dr. Jacob Schurman
◦ USA should remain in the Philippines
◦ Military should be lifted and replaced by civil
government
◦ Established with a bicameral legislature
◦ Protection of the civil rights of the Filipinos
◦ Promotion of the general welfare
Second Philippine Commission
William Howard Taft
◦ Establish civil government in the Philippines
◦ Train the Filipinos in Self-Government
◦ Established dynamic Judicial System
Civil Government
◦ US Senator Jon Spooner
Philippine Bill of 1902 or “Cooper
Act”
US Representative Henry A. Cooper
◦ Organic Law enacted by the US congress
◦ Bill of Rights
◦ The Appointment of two Filipino Resident
Commissioners
◦ Establishment of Philippine Assembly
◦ Executive Power
◦ Conservation of the Natural Resources for the
Filipinos
OfficialEnd of War
The Tagalog Republic
Philippine Assembly
◦ Sergio Osmena (Speaker of the House)
◦ Manuel L. Quezon (Majority Floor Leader)
Resident Commissioners
◦ Pablo Ocampo
◦ Benito Legarda
Payne-Aldrich Act
Republican Congressman Sereno E.
Payne
Republican Multi-Millionaire Nelson W.
Aldrich
◦ “the best Tariff Bill the Republican Party ever
passed”
Jones Law of 1916
Gov. Gen. Francis Burton Harrison
◦ Harmonious collaboration between Americans
and the Filipinos
◦ Rapid Filipinization
◦ Created the Philippine Senate
Hare-Hawes-Cutting Act
Rep. Butler Hare, Sen. Harry B. Hawes
and Sen. Bronson Cutting
Law passed for the decolonization of the
Philippines
Supported by Osmena and Roxas
◦ The establishment of a ten-year
Commonwealth to serve as a transition
government before the proclamation of
independence
OSROX Mission
▫ Osmena and Roxas
▫ Reserve Military and Naval Bases
▫ American goods can enter tax free
Tydings-McDuffie Act
▫ Manuel L. Quezon
▫ Self government for 10 years
▫ No foreign Phil. loans could be made without the
approval of the US Pres.
The Four Constitution
MalolosConstitution
1935 Constitution
1973 Constitution
1987 Constitution
Three Branches of Government
Legislative Department
◦ Power of lawmaking, the framing and
enactment of Laws
Executive Department
◦ To enforce and administer the laws by the
President
Judicial Department
◦ Check and Balances
 Settle actual controversies involving rights.
Concept of State, Government, and
Nation
A state is a community of person more or
less numerous, permanently occupying a
definite portion of territory, having a
government of their own to which the
great body of inhabitants render
obedience, and enjoying freedom from
external control
Elements of the State
People
Territory
Government
Sovereignty
◦ Internal and External
Fundamental Powers of the State
PolicePower
Eminent Domain
Taxation
Origin of States
Divine Right Theory
◦ Is of divine creation and the ruler is ordained
by God
Necessity or Force Theory
◦ Created through force
Paternalistic Theory
◦ Enlargement of the Family
Social Contract Theory
◦ Forming a society
State distinguish from Nation
The state is political concept, while nation
is an ethnic concept
The state is subject to external control,
while a nation may or may not be
independent of external control
United States and Arab Nations
What is the distinction between
the State to Government?
National Territory
Necessity of constitutional provision
◦ Binding force of such provision under
international law
 No rule in International Law which requires a State to
define its territorial boundaries in its Constitution
◦ Value of provision defining our national territory
 The purpose is to make it known to the world the areas
which we asserts
◦ Acquisition of other territories
 It does not prevent the Philippines from acquiring
other territories
National Territory in the Philippines
The Philippine archipelago comprises with
all the island and waters embraced therein
All other territories over which the
Philippines has sovereignty or jurisdiction
The terrestrial, fluvial and aerial domains
including the territorial sea the seabed the
subsoil, the insular shelves and other
submarine areas thereof
The internal waters
Other areas included in the
Philippine archipelago
The Territorial Sea
◦ Part of the sea extending 12 nautical miles
from lower-watermark
The Seabed
◦ Refers to the land that holds the sea, lying
beyond the seashore
The Subsoil
◦ Refers to everything beneath the surface soil
Cont.
Insular Shelves
◦ Continental Shelves
Other Submarine area
◦ Refer to all areas under the territorial sea
Archipelagic Doctrine
Declaration of Principles
Sec. 1
◦ The Philippines, a democratic and republican
state
 Initiative and Referendum
◦ Manifestations of a democratic and republican
state
 The existence of the Bill of Rights
 Rule of the majority
 Ours is a government of laws, and not of men
 Separation of powers
Cont.

 The legislature cannot pass irreparable laws

 The observance of the law on public officers
 The state cannot be sued without its consent
Sovereignty of the people
◦ Exercised directly through public officials
◦ Exercised directly through suffrage
Right of the people to revolt
◦ In oppression or abuses
◦ Any allusion to the right of violent
◦ Against tyranny
◦ In an open debates and free elections
Sec. 2
Renunciation of war as an instrument of
national policy
Adoption of the generally accepted principles
of international law as part of our law
◦ When international usage to be applied
◦ A treaty has force of a statute
◦ Constitution prevails over a treaty
Adherence to the policy of peace, equality,
justice, freedom, cooperation, and amity with
all nations
Sec. 3
Supremacy of civilian authority over the
military
◦ Inherent in republican system
◦ A safeguard against military dictatorship
Armed forces of the Philippines,
protector of the people and the state
◦ Fearsome image acquired during martial rule
◦ Constitutional mandates
◦ Support of the people
Sec. 4
Defense of the state by the people against
foreign aggression
Military and civil service by the people
◦ Defense of State performed through an army
◦ Compulsory
◦ Meaning of civil service
◦ Personal
◦ By Law
Sec. 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
Sec. 6
Principle of separation of church and
State
◦ No law shall be made respecting an
establishment of religion
“Establishment of religion clause”
◦ A wall of separation between the church and
the state
No hostility towards to religion
State Policies
Sec. 7
◦ Foreign policy of the Philippines
 The basic direction underlying the conduct by a
state of its affairs those of other states
◦ An instrument of domestic policy
◦ Pursuit of an independent foreign policy
◦ Paramount consideration
Sec. 8
Freedom from nuclear weapons policy
◦ As subject to exception
◦ As an absolute ban
Sec. 9
◦ Just and Dynamic social order
 Policies necessary to be pursued
 Solving the problem of mass poverty
Sec. 10
◦ Social justice
Sec. 11
◦ Human dignity and Human Rights
Sec. 12
Strengthening the family as a basic
autonomous social institution
Right to life of the unborn from
conception and of the mother
Rearing the youth for civic efficiency and
development of moral character
Sec. 13
◦ Role of the youth in nation-building
Sec. 14
◦ Role of women in nation-building
Sec. 15
◦ Right of the people to health
Sec. 16
Right of the people to balanced and
healthful ecology
◦ Causes of environmental degradation
◦ Effect on quality of life
◦ Relationship between development and
environment
Sec. 17
◦ Priority to education, science and technology,
arts, culture and sports
Sec. 18
◦ Labor as a primary social economic force
Sec. 19
◦ Self-reliant and independent national economy
Sec. 20
◦ Role of private sector in the economy
Sec. 21
◦ Comprehensive rural development and
agrarian reform
Sec. 22
◦ Rights of indigenous people
Sec. 23
◦ Non-governmental, community-based or
sectoral organizations
Sec. 24
Vital role of communication and
information in nation-building
◦ Formation of an enlightened citizenry
◦ Promotion of efficiency and economy in
government and business
◦ Development of society
Sec. 25
◦ Autonomy of local governments
Sec. 26
◦ Equal access to opportunities for public
service
 Limitations of terms of office
 Prohibition of political dynasties
 Prohibition constitutionally mandated
Sec. 27
Honesty and Integrity in public service
◦ The perennnial problem of graft and
corruption
◦ Ways to attack problem
◦ Need for honesty and integrity in public
service
Sec. 28
Full disclosure by the state of all its
transactions
◦ Duty of the State
◦ Transactions covered
Bill of Rights
May be defined as a declaration and
enumeration of a person’s rights and
privileges which the Constitution is
designed to protect against violations by
the government, or by an individual or
group of people
That every human being has intrinsic
dignity and worth which must be
respected and duly protected
Classes of rights
Natural rights
◦ Given by God
 Right to life and the right to love
Constitutional rights
◦ Rights protected by the constitution
Statutory rights
◦ Provided by laws promulgated by the
lawmaking body and maybe abolished by the
same body
Classification of constitutional
rights
Political rights
◦ Rights of the citizens which give them the
power to participate, directly or indirectly in
the establishment or administration of the
government
Civil rights
◦ Enjoyment of the happiness of the private
individuals
Cont.
Social and economic rights
◦ To ensure the well being and economic
security of the individuals
Rights of the accused
◦ Intended for the protection of a person
accused of any crime
State authority and individual
freedom
State as an instrument to promote both
individual and social welfare
Conflict between individual rights and
group welfare
Role of Judiciary
Sec. 1
Aspects of due process of law
◦Procedural due process
◦Substantive due process
Procedural due process
Judicial proceedings
◦ Authority to hear and determine the matter
before it
◦ Acquired over the person of the defendant or
property which is the subject matter of the
proceedings
◦ Opportunity to be heard given by the
defendant
◦ Judgment to be rendered after lawful hearing
Cont.
Administrative proceedings
◦ Notice and hearing may be dispense
◦ The offender may be arrested pending the
filing of charges
◦ Employee may be suspended pending an
investigation for violation of civil service
rules and regulation
Cont.
Substantive due process
◦ Due process and Police power
◦ This serves as a restriction on the
government’s law making or rule making
power. Police power is the power of
promoting public welfare
◦ Villavicencio vs. Lukban
Cont.
Persons protected
◦ The term “person” embraces all person within
the territorial jurisdiction of the Philippines
Meaning of life
◦ Something more than mere animal existence
Cont.
Meaning of liberty
◦ Embraces the right of the man to use faculties
with which he has been endowed by his
creator
Meaning of property
◦ Refer to the thing itself or to the rights over a
thing
What constitutes deprivation?
Meaning of equal protection of the
laws
All persons subject to legislation should
be treated alike, under like circumstances
and conditions both in the privileges
conferred and liabilities imposed
Sec. 2
Meaning of search warrant and warrant of
arrest
◦ Search warrant is an order in writing, issued in
the name of the People of the Philippines,
signed by the judge and directed to a peace
officer, commanding him to search for certain
personal property and bring it before the court
Cont.
If the command is to arrest a person
designated, to take him into custody in
order that he may be bound to answer for
the commission of an offense, the written
order is called warrant of arrest
What are the scopes of the protection?
When search and seizure unreasonable?
Requisites for valid search warrant
or warrant of arrest
Itmust be issued upon probable cause
Probable cause must be determined by the
judge
Such determination of the existence of
probable cause must be made after
examination by the judge of the complaint and
the witnesses he may produce
The warrant must particularly describe the
place to be searched, and the persons or things
to be seized
Probable cause
Is meant such facts and circumstances
antecedent to the issuance of a warrant
sufficient in themselves to induce a
cautious man to rely upon them and act in
pursuance thereof
How can we say the sufficiency of
affidavit upon which warrant is based?
Sufficiency of description
Place
Person
Property
What will happen if the evidence is
illegally obtained?
Warrantless arrests
Caught in the act
Personal knowledge
Serving final judgment or pending trial
Escaped prisoner
Surrendering the accused
When the accused attempts to depart the
country without permission by the court
Incidental to a valid arrest (People vs. Lua 256
scra 539)
Evidence in plain view
Stop and frisk
Search of moving vehicles
Checkpoints
Violation of tariff and customs
Express waiver
Search by private persons
Search during exigency/emergency
Jail and airport security
 Arrest warrants Search warrants

• Person  Thing/document
• The judge need not call the  The
witnesses for questioning judge must personally
• He may rely on the records examine the witnesses
submitted to him by the fiscal himself to determine
• He must not rely solely on the probable cause
resolution or certification of
the fiscal
• The resolution must be
supported by other evidences
which led to the filing of the
case
Sec. 3
Right of Privacy is concisely defined as
the right to be left alone
Right of a person to be free from
undesired publicity, or disclosure
Right to live without unwarranted
interference by the public in matters with
which the public is not necessarily
concerned
Limitations of the right
Upon lawful order of the court
(subpoena)
When public safety or order requires
otherwise as prescribed by law
Sec. 4
Freedom of expression
◦ Implies the right to freely utter and publish
whatever one pleases without previous
restraint, and to be protected against any
responsibility for doing so as long as it does
not violate the law, or injure someone’s
character, reputation or business
Scope of freedom of expression
Free speech
Free press
Rights of assembly and petition
The right to form associations or societies
not contrary to law
The right to religious freedom
What are the scopes of freedom of
expression?
Importance of the guarantee
Promotes growth of the individual and the
nation
Makes possible, scrutiny of acts and
conduct of public officials
Insures a responsive and popular
government
Do you agree that freedom of expression
is not absolute? Yes or No. Why?
Abridgement of freedom of speech
and of the press
Where there exists substantial danger that
the speech will likely lead to an evil the
government has the right to prevent
◦ “THE CLEAR AND PRESENT DANGER
RULE”
Right of assembly
◦ The right on the part of the citizens to meet
peaceably for consultation in respect to public
affairs
Right of petition
◦ Right of any person or group of persons to
apply, without fear of penalty, to appropriate
branch or office of the government for redress
of grievances
Sec. 5
Religious freedom is the right of a man to
worship God and to entertain such
religious views as appeal to his individual
conscience
Religion in its broadest sense, includes all
forms of belief in the existence of superior
beings exercising power human beings
and imposing rules of conduct with future
state of rewards or punishments
cont.
Aspects of religious freedom
◦ The separation of church and state shall be
inviolable
◦ Religious profession and worship
Freedom of religious profession and
worship
◦ Freedom to believe in a religion
◦ Freedom to act in accordance with such belief
Cont.
License fee or tax on sale of religious
articles
◦ Permission or condition for exercise of right
◦ Imposition of financial burden after exercise
of right
Religious test
Is one demanding the avowal or
repudiation of certain religious beliefs
before the performance of any act.
The expression civil or political rights is
to understood as including the individual
rights safeguard by the constitution and
statutory laws
Sec. 6
Liberty of abode and travel is the right of a
person to have his home in whatever place
chosen by him and thereafter to change it
at will, and to go where he pleases,
without interference from any source
◦ “Except upon lawful order of the court”
◦ “Except in the interest of national security,
public safety or public health as may provided
by law”
Sec. 7
The right to information on matters of
public concern
The right to access, by the citizens, of
◦ Official records
◦ Documents and papers pertaining to official
acts
◦ Transactions and decisions
Exceptions:
• National security matters
• Trade secrets on banking transactions
• Criminal matters
• Inter-government exchanges, conclusion of
treaties
• Diplomatic correspondence
• Closed-door cabinet meeting minutes
• Executive session of the congress
• Internal deliberation of the supreme court
Section 8
It should be noted that the constitution
guarantees the right to form an association
It does not include the right to compel
other to form or join one
◦ But for purposes not contrary to law
Sec. 9
Is the right or power of the state to take
private property for public use upon
paying to the owner a just compensation
to be ascertained according to law
◦ Existence of public use
◦ Payment of just compensation
◦ Observance of due process of law in the taking
Requirements:
There must be taking
Must be private property
Public Use
Just compensation
Due process must be observed
This must exercised by proper
government authority
Section 10
• Impairment is anything that diminishes the
efficacy of the contracts
• To impair is to enlarge, diminish or abridge
▫ Impairment may come in the form:
 Changing the terms of the contract as to the time of
performance of the obligation
 Imposing new conditions
 Dispensing those which are expressed
 Authorizing for the satisfaction of the contract
something different from that which was provided them
Section 11
A hungry man knows no law except the
law of survival. This is the primary
consideration of making this right a
collective directive and primary
obligation of lawyers, judges, legislators,
prosecutors and executives in the
government
Constitutional rights of the accused
in criminal cases
To adequate legal assistance
To be informed of his right to remain silent
and to have counsel
Against the use of torture, force, violence,
threat, intimidation or any other means
which vitiates the free will
Against being held secret
To bail and against excessive bail
To due process of law
To presumption of innocence
To be heard by himself and counsel
To be informed of the nature and cause of the
accusation against him
To have speedy, impartial, and public trial
To meet the witnesses face to face
To have compulsory process to secure the
attendance of witnesses and the production of
evidence in his behalf
Against self-incrimination
Against detention by reason of political beliefs and
aspirations
Against excessive fines
Against cruel, degrading or inhuman
punishment
Against infliction of the death penalty
except for heinous crimes
Against double jeopardy
Section 12 (Custodial investigation)
Any person under custodial investigation
for the commission of an offense shall
have the right to be informed of his right:
Miranda Doctrine/Warning
◦ To remain silent
◦ To have competent and independent counsel
preferably of his own choice
◦ It must be provided with one counsel
The right is invoked if the accused
is:
Under investigation
(questioning/interrogation)
In the custody of the law
◦ Under the custody of the law enforcer
◦ In jail
◦ Deprived of freedom of action in a significant
manner
Investigated by the police officer or a law
enforcer
The right can be invoked:
 Even of investigated in a foreign country
 When he signs receipts for the items taken by the police from
his house
 During a police line-up after he has already been investigated
 Aboard a moving vehicle with policemen on board
 If the person is asked to re-enact
 If a case has already been filed against a persons
 When he is invited to the police station and asked connection
with the crime
 When he makes an admission while walking with a policemen
 When he has been arrested even if the admission is made
shortly after the crime
Right to Counsel
The counsel
◦ Own choice
◦ Independent
◦ Competent
◦ Vigilant
◦ Effective
The following are not competent
and independent counsels:
Municipal lawyer
Municipal mayor
Barangay captain who is a lawyer
Lawyer previously engaged by the police
Station commander of the western police
district
Right to be informed
Meaningful information and not
ceremonial recitation of abstract
principles
Waiver of rights
Must be in writing except if there is assistance
of counsel
Pp vs. Galit March 20, 1985
◦ The waiver need not be in writing. But it must be
with the assistance of a counsel. Under the 1987
constitution, the waiver must be in writing. The
rights under the Miranda Warning that cannot be
waived are the following:
 The right to be appraised
 The right to assistance of counsel
The accused can be assisted by any
lawyer, except:
Fiscal
Ombudsman
Members of the COMELEC
Members of the DENR
Section 13 (Right to Bail)
Bail is the security given for the release of
a person in custody of the law, furnished
by him or a bondsman, to guarantee his
appearance before any court as required
under the conditions hereinafter specified
Bail is a matter of right (6 years and
below)
As a matter of discretion (6 years and
above)
Purposes of bail are:
Combine the administration of criminal
justice
To relieve the accused of imprisonment
and the state of burden of keeping him
pending trial
Bail not allowed
After final judgment of conviction by any court
Before conviction of an offense punishable by
reclusion perpetua, life imprisonment or death
and the evidence of guilt is strong
After conviction of an offense with an
imposable penalty of reclusion perpetua, life
imprisonment or death
After conviction of an offense with an
imposable penalty 6 years and 1 day to 20
years
Recidivist
Is a person who having been convicted by
final judgment of a crime at the same time
of his trial is found guilty of another
offense embraced in the same title of the
code
Quasi-recidivist
The offender has been previously
convicted by a final judgment and before
beginning to serve such sentence, or while
serving the same, he commits felony
Section 14 (Right of the accused)
The accused shall be presumed innocent
until the contrary is proved
Shall enjoy the right to be heard by
himself and counsel
To be informed of the nature and caused
of the accusation against him
To have speedy, impartial, and public trial
Right to presumption of innocence
◦ A safeguard against false conviction
 No person shall convicted of a crime except upon
confession or unless his guilt is established by proof
beyond reasonable doubt which is more than
preponderance of evidence
◦ Requirement of proof of guilt beyond
reasonable doubt
 Must be strong enough to convince the court that
the accused is clearly and unmistakably guilty, not
because he cannot prove that he is innocent but
because is has proved that the accused is guilty
beyond reasonable doubt
Section 15 (Privilege of the writ of
habeas corpus)
Issued by a court directed to a person
detaining another, commanding him to
produce the body of the prisoner at a
designated time and place, with the day
and cause of his capture and detention, to
do, to submit to, and to receive whatever
the court or judge awarding the writ shall
consider in his behalf
The following are instances when the petition
for the issuance of writ can be filed
In cases of detention without charges
In cases where a prisoner has served out
his sentence, but it not released
In custody of children
Where patients are detained in hospital
for not paying the bill
Section 16 (Right to speedy
disposition of cases)
Four factors to be considered with this
right, these are:
◦ Length of delay
◦ Reason of the delay
◦ Invocation of the accused
◦ Prejudiced caused by the delay
Speedy disposition distinguish from
speedy trial
Speedy Disposition Speedy Trial
 All phases of proceedings  Ina criminal proceeding
◦ Criminal only
◦ Civil  Refers to trial stage
◦ Administrative
◦ Judicial /administrative
proceedings
Section 17 (Right against self –
incrimination)
Based in: Public Policy and Humanity
◦ Public Policy
 That is, if you place an accused/witness, in a
situation where he could not invoked the privilege,
he will be under the strong temptation to commit
perjury
Humanity
◦ In the sense that to extort the confession of
the truth from the accused via any form of
duress, is abhorred by law. You have to rely
on evidence other than his testimony
Applicability
Criminal
Civil
Administrative
Legislative investigation proceedings
◦ Incriminating questions
 Tends to establish guilt
Scope of this right
Exempts one from testifying against one’s
self
Exempts one from producing evidence or
articles demanded of him which are
incriminating except
◦ When the State has the right to inspect under
police power
◦ When corporation documents are involved
◦ When the documents are of public concern
Section 18 (Prohibition against detention by reason of
political beliefs and aspiration; Right against involuntary
servitude)
Political Beliefs and Aspirations
◦ This means there is freedom of thought. This
is similar to freedom of religion. Freedom to
act is not absolute.
Political Prisoner
is a person detained solely for what he
believes in.
they are those imprisoned for acts done
pursuant to his political beliefs (Amnesty
International)
Involuntary Servitude
This is a condition where one is forced to
work for another against the will of the
former. Liberty shall not to be compelled
against one’s will to work, whether paid
or not. This right invoked even against
individuals
Section 19 (Prohibition against excessive
fines, cruel, degrading or inhuman
punishment or the death penalty, except
for heinous crimes )
Section 20 (No person shall be imprisoned for
debt or non-payment of a poll tax)
Poll tax is cedula and tax paid as a
precedent for the exercise of suffrage.
Villanueva vs. City of Iloilo
◦ A tax is not a debt in the sense of an obligation
incurred by contract, express or implied and
therefore is not within the meaning of
constitutional or statutory provisions abolishing or
prohibiting imprisonment for debt, and a statute or
ordinance which punishes the non-payment thereof
by fine or imprisonment is not conflict with that
prohibition
Section 21 (Double Jeopardy)
Same offense – no person shall be twice
be put in jeopardy of punishment for the
same offense
Same act – 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 (Prohibition against enactment of ex
post facto law or bill of attainder)
Ex Post Facto Law
◦ Law that is a criminal law with a retroactive
effect which is prejudicial to the accused
 Means from something done afterwards
Bill of Attainder
A bill of attainder is a legislative act
which inflicts punishment without judicial
trial
◦ A law that inflicts a penalty without judicial
trial
◦ Law that imposes a penal burden on unnamed
individuals or an easily ascertainable member
of a group
◦ A law which the penal burden is imposed
directly by law without judicial trial
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.
CITIZEN CITIZENSHIP
- a member of a - denotes membership of
democratic community a citizen in a political
who enjoys full civil society , which
and political rights and membership implies,
is accorded protection reciprocally, a duty of
inside and outside the allegiance on the part of
territory of the State. the members and duty of
protection on the part of
the state.
 General ways of acquiring citizenship:

INVOLUNTARY METHOD
by birth because of
blood relationship (jus sanguinis) or place of birth (jus
soli).

VOLUNTARY METHOD
by naturalization
(1) Those who are citizens of the Philippines
at the time of the adoption of this Constitution

The citizens referred to are those

considered Filipino citizens at the time of
the effectivity of the present Constitution
on February 2, 1987.
(2) Those whose fathers or mothers are
citizens of the Philippines

The Philippines follows the principle of jus

sanguinis. In determining the citizenship of
the child, Filipino mothers are placed on
equal footing with their husbands.
(3) Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon
reaching the age of majority

Under the 1935 Constitution, a child born of a

Filipino mother, who was married to a
foreigner, is born an alien and remains an alien
during his minority until he elects Philippine
citizenship.
(4) Those who are naturalized in
accordance with law.

Those who are not Filipino citizens at birth

may become citizens by

NATURALIZATION which is a voluntary

method of acquiring citizenship by
renouncing his former citizenship and
embracing a new one.
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.
Kinds of citizens under the
constitution
Natural-born citizens
Citizens at the time of the adoption of the
new constitution
Citizens through election
Naturalized citizens
SECTION 3.

Philippine citizenship may be lost

or reacquired in the manner provided
by law.
Ways of losing citizenship
VOLUNTARILY
a.) by naturalization in a foreign country
b.) by express renounciation of citizenship
c.) by supporting the constitution and laws of a
foreign country
d.) by rendering service to the armed forces of a
foreign country

INVOLUNTARILY
a.) by cancellation of his certificate of
naturalization by the court
b.) by having been declared as a deserter in the
Philippine armed forces in time of war.
Ways of reacquiring lost
Philippine Citizenship

a.) by naturalization;

b.) by repatriation; and

c.) by direct act of the Congress.

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.
NOTE: What Section 5 prohibits is not dual
citizenship but dual allegiance. Dual
citizenship arises because our laws cannot
control laws of other countries on
citizenship.
 REPUBLIC ACT NO. 9225
Citizenship Retention and
Re-acquisition Act of 2003

Natural-born citizens of the Philippines who

have lost their Philippine citizenship by
reason of their naturalization as citizens of a
foreign country are hereby deemed to have re-
acquired Philippine citizenship upon taking
the oath of allegiance to the Republic.
Duties and Obligations of citizens
To be loyal to the republic
To defend the state
To contribute to the development and welfare of
the state
To uphold the Constitution and obey the laws
To cooperate with duly constituted authorities
To exercise rights and responsibly and with due
regard of the rights of the others
To engage in gainful work
To register and vote
I

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.
Meaning of SUFFRAGE:
right and obligation to vote of qualified
citizens in the election of public officers.

Nature of Suffrage:
1.) A mere privilege – suffrage is not a natural
right but merely a privilege to be given or
withheld by the law.

2.) A political right – suffrage enables a

citizen to participate in the process of
government.
Scope of Suffrage
ELECTION – means by which people choose their
officials.
PLEBISCITE – vote of the people expressing their
choice for or against a proposed law
submitted to them.
REFERENDUM – submission of a law passed by
the legislative body to the people for their
ratification or rejection.
INITIATIVE – people directly propose and enact
laws.
RECALL – a method by which a local elective
official may be removed from office during his
tenure.
Age qualification

This is based on the assumption that under a

certain age, human beings have the
maturity, experience, education and sense of
judgment that will enable them to vote with
reasonable degree of intelligence.
Residence qualification

This is to give reasonable period within

which a person can familiarize himself
with the needs and conditions and the
personalities of the nation and locality.
Persons disqualified to vote

1.) Those who have been sentenced to suffer

imprisonment for not less than 1 yr.

2.) Those who committed any crime involving

disloyalty to the government such as rebellion
and sedition.

3.) Those declared as insane or incompetent

persons.
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.
Secrecy and Sanctity of the Ballot
to insure that the voters shall exercise their right
to freely, uninfluenced by threats, intimidation or
corrupt motives and to secure a fair and honest
count of the ballots.

Absentee Voting System

Filipinos who, by force of circumstances, have
temporarily work and reside abroad but maintain
their love and loyalty to their native land are still
part of our Republic, they are also affected by
the quality of public officials and policies of the
government.
 REPUBLIC ACT NO. 9189
The Overseas Absentee Voting Act of 2003

All citizens of the Philippines abroad, who are

not otherwise disqualified by law, at least
eighteen (18) years of age on the day of
elections, may vote for president, vice-
president, senators and party-list
representatives.
THE LEGISLATIVE
DEPARTMENT
The Legislative Branch
From the Latin lex, legis
meaning law
The legislative branch broadly
deals with the making,
deliberation over, enactment,
amendment and repealing of laws
Basic Structures
There are two basic structures for legislative
branches of government:
1. Unicameral
◦ The legislative branch consists of one
chamber/house

2. Bicameral
◦ Legislative power is vested in two
chambers/houses
The Philippine Congress
The Philippine Congress is the country’s
legislative department (Art. VI, Sec. 1)

◦ Congress is bicameral
 Upper House: Senate
 Lower House: House of
Representatives
Senate
Composition 24 Senators elected at large
Natural-born citizen
Qualifications At least 35 years old on election
day
Literate (can read and write)
Registered voter
Philippine resident for 2 years
prior to election day
6 years
Term
Maximum: 2 terms
of Office
House of Representatives
Composition 200 district reps, 50 party list
Qualifications Natural-born citizen
At least 25 years old on election
day
Literate (can read and write)
Registered voter of the district
District resident for 1 year prior to
election day
3 years
Term of Office Maximum: 3 terms
In Case of Vacancy…
Vacancy can be filled through
regular election
Special elections can be called for
the purpose of filling the vacancy
In either circumstance, the one
elected merely sits for the
unexpired term
Parliamentary Privileges
Congressmen have two parliamentary
privileges while Congress is in session:

1. Privilege from arrest

◦ Immunity from offenses punishable by not
more than six years imprisonment

2. Privilege of speech and debate

◦ Immunity from libel and slander
Transparency
Elected Congressmen must:
1. Fully disclose their financial and
business interests
2. Disclose potential conflicts of interests
that arise in the course of legislation
3. Keep from any other office or
employment (appointed or otherwise),
forfeit his/her seat to do so
Structure and Dynamics
Senate President and House Speaker elected by
majority vote
Other officers, procedures and the discipline of its
members is at the discretion of each house
Quorum: Majority
Each House maintains a journal and record of
proceedings
Neither House can adjourn without the other’s
consent while in session
 Powers of Congress
Appointment of Public Officials
Legislative inquiry and investigation
Declare the existence of a state of war
Ratify the country’s international treaties (Senate)
Authorize limited emergency powers for the
President
 Powers of Congress
Approve the government budget

Propose, review, and adopt bills for enactment into

law
Overturn a Presidential veto with respect to proposed
legislation
Allow for referenda
Propose amendments to the constitution and call for a
constitutional convention
 Legislative Limitations
Congress may not:
1. Increase appropriations recommended by the
executive branch
2. Pass tax exemptions without the concurrence of a
majority of its members
3. Grant titles of nobility
4. Pass ex post facto bills
5. Pass bills of attainder
How a Bill Becomes Law

Referral to Committee
Debate

1st Reading 2nd Reading 3rd Reading

~House of Representatives~
How a Bill Becomes Law
Referral to Committee
Debate

1st Reading 2nd Reading 3rd Reading

~Senate~

1st Reading 2nd Reading 3rd Reading

~House of Representatives~
How a Bill Becomes Law

1st Reading 2nd Reading 3rd Reading

~Senate~

BICAMERAL
COMMITTEE

1st Reading 2nd Reading 3rd Reading

~House of Representatives~
How a Bill Becomes Law
President

1st Reading 2nd Reading 3rd Reading

~Senate~

1st Reading 2nd Reading 3rd Reading

~House of Representatives~
How a Bill Becomes Law
APPROVE President VETO
30 DAY PERIOD

1st Reading 2nd Reading 3rd Reading

1st Reading 2nd Reading 3rd Reading

~House of Representatives~
The Executive
Department
Overview
Officeof the President: Executive Branch of
Government
Qualifications for Running for Office
Powers and Privileges of the Executive
Vacancy and Succession
The Executive Branch
Charged with the execution and
administration of a country’s laws
In general, the executive branch sets the
direction of national policy
Executive power in the Philippine
government is vested in the office of the
President of the Republic
Running for President
Natural born citizen of the Philippines
Registered voter
Literate (can read and write)
At least 40 years old on election day
Resident of the country for 10 years
Elected at large by plurality
Term Limits
The term of the President is for six years (no re-
election)
No person who has succeeded and served as
President for six(6) years can run again
Vice-President: maximum two (2) terms
Presidential
Privileges
Appoint the heads of the different
executive departments
Appoint ambassadors, consuls and public
ministers
Appoint armed forces personnel from the
rank of colonel or naval captain
Contract / guarantee foreign loans
Presidential
Privileges
Negotiate foreign treaties
Make appointments not otherwise
provided for by law
Suspend the writ of habeas corpus
Declare martial law
Prepare the national budget
Perform acts of clemency
 Acts of Clemency
1. Amnesty - the act of a sovereign power officially
forgiving certain classes of persons who are
subject to trial but have not yet been convicted
2. Pardon -  is the forgiveness of a crime and the
cancellation of the relevant penalty
3. Commutation - involves the reduction of legal
penalties, especially in terms of imprisonment.
4. Reprieve
5. Remission of fines and forfeitures
 The President Cannot:
Hold any other office or enjoy any other form of
employment
Make appointments two months prior to the next
elections
Make appointments within the 4th civil degree of
consanguinity and affinity
The President Cannot:
Increase his/her salary or that of the Vice-
President during his/her term
Ratify foreign treaties
Grant clemency in cases of impeachment
 Causes of Vacancy
Death

Permanent Disability
Resignation

Impeachment
Causes of Vacancy
Written declaration that s/he is unable to
discharge the powers and duties of the
Office
If a majority of the Cabinet makes a
written declaration that the President
cannot discharge the powers and duties of
the Office
More on Vacancy
The President can, at a later time, inform
Congress s/he is fit to perform her/his
duties again
Congress can judge otherwise by a two-
thirds vote of both houses voting
separately
Even More on Vacancy
If the President falls seriously ill…
◦ The public will be informed of his/her state of
health
◦ Members of the Cabinet in charge of national
security and foreign relations shall have access
to the President
◦ The Chief of Staff of the Armed Forces shall
have access to the President
 Philippine Presidents
Aguinaldo (1898-1902) Garcia (1957-61)
Quezon (1935-44)
Macapagal (1961-65)
Laurel (1943-45)
Marcos (1965-86)
Osmeña (1944-46)
Aquino (1986-92)
Roxas (1946-48)
Quirino (1948-53)
Ramos (1992-98)
Magsaysay (1954-57) Estrada (1998-2001)
Arroyo (2001-10)
Aquino III(2010-2016)
Duterte 2016 - Present
Some Notes
The Executive in Philippine politics
derives its centrality mostly from its
function and roles
◦ Based on its historical evolution
◦ Plenty of prestige is associated with the Office
of the Executive
Personalism has always been prevalent
inthe Executive Branch
Judicial Department
Overview
What is judicial power?
What are the characteristics and scope of
judicial power?
What is the Supreme Court and what are its
powers?
What is the Judicial and Bar Council?
What happens when a court decision is
reached?
The Judicial Department
Article VIII, Section 1: Judicial power
will be vested in the Supreme Court and
all lower courts
Judicial power: the power to apply the
laws to contests or disputes concerning
legally recognized rights
Loosely, the judiciary refers to the court
system
Judicial Power
 Generally entails two activities:
1. Settling legal controversies

2. Determining whether there has

been grave abuse of discretion
amounting to lack or excess of
jurisdiction by any branch of
government
Scope of Judicial Power
Adjudicating Power
◦ The power to settle legal disputes
Power of Judicial Review
◦ Refers to the power of the Supreme Court to
interpret and make judgments with respect to the
law
Incidental Powers
◦ Powers necessary for the discharge of the
judicial function
The Supreme Court
Composition
◦ 1 Chief Justice and 14 Associate Justices
◦ Sits en banc or in divisions
Qualifications
◦ By appointment
◦ 40 years of age
◦ Natural born citizen
◦ Judge or legal practitioner for 15 years
Powers of the Supreme Court
SC has jurisdiction over:
◦ Cases involving ambassadors and public
ministers
◦ Petitions for certiorari, mandamus, quo
warranto, prohibition & habeas corpus
Review judgments of lower courts
◦ Cases involving constitutionality, legality of any
tax, reclusion perpetua and errors on questions
of law
Powers of the Supreme Court
Assignment of judges to the lower courts
Order a change of venue for a trial
Promulgate rules of court
Appoint officials of the judiciary and hire
employees for the judicial branch
Judicial and Bar Council
Tasked with nominating appointees to the
Judiciary (SC  3)
Composition:
◦ Chief Justice
◦ Secretary of Justice
◦ Representative from Congress
◦ IBP Representative
◦ Prof. of law
◦ Private Sector Representative
Rendering Court Decisions
Once a decision is reached, a SC Justice is
assigned to write an opinion
The opinion is certified by the Chief
Justice and served to the parties concerned
Dissentions and abstentions must be
explained
The opinion must explain facts of law