Philippine Constitution Summary

REPORT ON PHILIPPINE CONSTITUTION

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What is a constitution?

A constitution is a set of fundamental principles or established precedents according to which a

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Why is it important?

It is the framework and basis of all other laws.

It outlines the rights of the citizens.

It protects us from unlawful persecutions even from our own government.

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What is the Philippine Constitution?

The Constitution of the Philippines

Ø Also called Saligang Batás ng Pilipinas,

Ø popularly known as the 1987 Constitution,

Ø is the constitution or supreme law of the Republic of the Philippines

Ø adopted on October 15, 1986 and

Ø ratified on February 2, 1987

Ø under President Corazón C. Aquino

Philippine constitutional law experts recognize three other previous constitutions as having
effectively governed the country

Ø the 1935 Commonwealth Constitution,

Ø the 1973 Constitution, and the 1986 Freedom Constitution

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What is the timeline of the Philippine Constitution?

1. The 1897 Constitution of Biak-na-Bato

The Katipunan's revolution led to the Tejeros Convention where, at San Francisco de Malabón,
Cavite, on March 22, 1897, the first presidential and vice presidential elections in Philippine history
were held—although only Katipuneros (viz., members of the Katipunan) were able to take part,
and not the general populace.

A later meeting of the revolutionary government established there, held on November 1, 1897 at
Biak-na-Bato in the town of San Miguel de Mayumo in Bulacán, established the Republic of Biak-
na-Bato. The republic had a constitution drafted by Isabelo Artacho and Félix Ferrer and based
on the first Cuban ConstitutionIt is known as the "Constitución Provisional de la República de
Filipinas", and was originally written in and promulgated in the Spanish and Tagalog languages.

2. The 1899 Malolos Constitution

Ø The Malolos Constitution was the first republican constitution in Asia.

Ø It declared that sovereignty resides exclusively in the people, stated basic civil rights,
separated the church and state, and called for the creation of an Assembly of Representatives to
act as the legislative body.

Ø It also called for a parliamentary republic as the form of government.

Ø The president was elected for a term of four years by a majority of the Assembly.

Ø It was titled "Constitución política", and was written in Spanish following the declaration of
independence from Spain, proclaimed on January 20, 1899, and was enacted and ratified by the
Malolos Congress, a Congress held in Malolos, Bulacan.

3. Acts of the United States Congress

The Philippines was a United States Territory from December 10, 1898 to March 24, 1934 and
therefore under the jurisdiction of the Federal Government of the United States.

Two acts of the United States Congress passed during this period can be considered Philippine
constitutions in that those acts defined the fundamental political principles and established the
structure, procedures, powers and duties of the Philippine government.

4. Philippine Organic Act of 1902

The Philippine Organic Act of 1902, sometimes known as the "Philippine Bill of 1902", was the first
organic law for the Philippine Islands enacted by the United States Congress. It provided for the
creation of a popularly elected Philippine Assembly, and specified that legislative power would
be vested in a bicameral legislature composed of the Philippine Commission (upper house) and
the Philippine Assembly (lower house). Its key provisions included a bill of rights for the Filipinos and
the appointment of two non-voting Filipino Resident Commissioner of the Philippines to represent
the Philippines in the United States House of Representatives.
5. Philippine Autonomy Act of 1916

The Philippine Autonomy Act of 1916, sometimes known as "Jones Law", modified the structure of
the Philippine government by removing the Philippine Commission as the legislative upper house
and replacing it with a Senate elected by Filipino voters, creating the Philippines' first fully elected
national legislature. This act also explicitly stated that it was and had always been the purpose of
the people of the United States to end their sovereignty over the Philippine Islands and to
recognise Philippine independence as soon as a stable government can be established therein.

6. Tydings–McDuffie Act (1934)

Though not a constitution itself, the Tydings–McDuffie Act of 1934 provided authority and defined
mechanisms for the establishment of a formal constitution via a constitutional convention.The
1935 Constitution[edit]

7. Constitution of the Philippines (1935)

The 1935 Constitution was written in 1934, approved and adopted by the Commonwealth of the
Philippines (1935–1946) and later used by the Third Republic (1946–1972). It was written with an
eye to meeting the approval of the United States Government as well, so as to ensure that the
U.S. would live up to its promise to grant the Philippines independence and not have a premise to
hold onto its possession on the grounds that it was too politically immature and hence unready for
full, real independence.

The Preamble reads:

“ "The Filipino people, imploring the aid of Divine Providence, in order to establish a
government that shall embody their ideals, conserve and develop the patrimony of the nation,
promote the general welfare, and secure to themselves and their posterity the blessings of
independence under a regime of justice, liberty, and democracy, do ordain and promulgate this
constitution." ”

The original 1935 Constitution provided for unicameral National Assembly and the President was
elected to a six-year term without re-election. It was amended in 1940 to have a bicameral
Congress composed of a Senate and House of Representatives, as well the creation of an
independent electoral commission. The Constitution now granted the President a four-year term
with a maximum of two consecutive terms in office.

A Constitutional Convention was held in 1971 to rewrite the 1935 Constitution. The convention was
stained with manifest bribery and corruption. Possibly the most controversial issue was removing
the presidential term limit so that Ferdinand E. Marcos could seek election for a third term, which
many felt was the true reason for which the convention was called. In any case, the 1935
Constitution was suspended in 1972 with Marcos' proclamation of martial law, the rampant
corruption of the constitutional process providing him with one of his major premises for doing so.

8. The 1943 Constitution

José P. Laurel, President of the Second Philippine Republic, addresses the National Assembly at
what is now the Old Legislative Building to approve the 1943 Constitution.
The 1943 Constitution was drafted by a committee appointed by the Philippine Executive
Commission, the body established by the Japanese to administer the Philippines in lieu of the
Commonwealth of the Philippines which had established a government-in-exile. In mid-1942
Japanese Premier Hideki Tōjō had promised the Filipinos "the honor of independence" which
meant that the commission would be supplanted by a formal republic.

The Preparatory Committee for Philippine Independence tasked with drafting a new constitution
was composed in large part, of members of the prewar National Assembly and of individuals with
experience as delegates to the convention that had drafted the 1935 Constitution. Their draft for
the republic to be established under the Japanese Occupation, however, would be limited in
duration, provide for indirect, instead of direct, legislative elections, and an even stronger
executive branch.

Upon approval of the draft by the Committee, the new charter was ratified in 1943 by an
assembly of appointed, provincial representatives of the Kalibapi, the organization established by
the Japanese to supplant all previous political parties. Upon ratification by the Kalibapi assembly,
the Second Republic was formally proclaimed (1943–1945). José P. Laurel was appointed as
President by the National Assembly and inaugurated into office in October 1943. Laurel was
highly regarded by the Japanese for having openly criticised the US for the way they ran the
Philippines, and because he had a degree from Tokyo International University.

The 1943 Constitution remained in force in Japanese-controlled areas of the Philippines, but was
never recognized as legitimate or binding by the governments of the United States or of the
Commonwealth of the Philippines and guerrilla organizations loyal to them. In late 1944, President
Laurel declared a state of war existed with the United States and the British Empire and
proclaimed martial law, essentially ruling by decree. His government in turn went into exile in
December 1944, first to Taiwan and then Japan. After the announcement of Japan's surrender,
Laurel formally dissolved the Second Republic.

The Preamble reads:

“ "The Filipino people, imploring the aid of Divine Providence and desiring to lead a free
national existence, do hereby proclaim their independence, and in order to establish a
government that shall promote the general welfare, conserve and develop the patrimony of the
Nation, and contribute to the creation of a world order based on peace, liberty, and moral
justice, do ordain this Constitution." ”

The 1943 Constitution provided strong executive powers. The Legislature consisted of a
unicameral National Assembly and only those considered to be anti-US could stand for election,
although in practice most legislators were appointed rather than elected.

Until the 1960s, the Second Republic and its officers, were not viewed as a legitimate Philippine
government or as having any standing, with the exception of the Supreme Court, whose
decisions, limited to reviews of criminal and commercial cases as part of a policy of discretion by
Chief Justice José Yulo continued to be part of the official records. This was made easier by the
Commonwealth government-in-exile never constituting a Supreme Court, and the formal
vacancy in the position of Chief Justice for the Commonwealth with the execution of José Abad
Santos by the Japanese). It was only during the Macapagal administration that a partial political
rehabilitation of the Japanese-era republic took place, with the official recognition of Laurel as a
former president and the addition of his cabinet and other officials to the roster of past
government officials. However, the 1943 Constitution was not taught in schools, and the laws of
the 1943-44 National Assembly never recognized as valid or relevant.

9. The 1973 Constitution

The 1973 Constitution, promulgated after Marcos' declaration of martial law, but having been in
the planning process for years before this, was supposed to introduce a parliamentary-style
government. Legislative power was vested in a unicameral National Assembly whose members
were elected for six-year terms. The President was ideally elected as the symbolic and purely
ceremonial head of state chosen from amongst the Members of the National Assembly for a six-
year term and could be re-elected to an unlimited number of terms. Upon election, the President
ceased to be a Member of the National Assembly. During his term, the President was not allowed
to be a member of a political party or hold any other office.

Executive power was meant to be exercised by the Prime Minister who was also elected from
amongst the sitting Assemblymen. The Prime Minister was to be the head of government and
Commander-in-Chief of the Armed Forces. This constitution was subsequently amended four
times (arguably five, depending on how one considers Proclamation № 3 of 1986, see below).

From 16–17 October 1976, a majority of barangay voters (also called "Citizen Assemblies")
approved that martial law should be continued and ratified the amendments to the Constitution
proposed by President Marcos.

10. The 1986 Freedom Constitution

Immediately following the 1986 People Power Revolution that ousted Marcos, President Corazon
C. Aquino issued Proclamation № 3 as a provisional constitution. It adopted certain provisions
from the 1973 Constitution while abolishing others. It granted the President broad powers to
reorganise government and remove officials, as well as mandating the President to appoint a
commission to draft a new, more formal Constitution. This document, described above,
supplanted the "Freedom Constitution" upon its ratification in 1987.

Background of the 1987 Constitution.

On March 25, 1986, following the People Power Revolution which ousted Ferdinand E. Marcos as
President, and following on her own inauguration, Corazon C. Aquino issued Proclamation 3,
declaring a national policy to implement the reforms mandated by the people, protecting their
basic rights, adopting a provisional constitution, and providing for an orderly transition to a
government under a new constitution. On April 23, President Aquino issued Proclamation № 9,
creating a Constitutional Commission (popularly known as the "ConCom") to frame a new charter
to supersede the Marcos-era 1973 Constitution. Aquino appointed 50 members to the
Commission; the members were drawn from varied backgrounds, including several former
congressmen, former Supreme Court Chief Justice Roberto Concepción, Roman Catholic bishop
Teodoro Bacani, and film director Lino Brocka. Aquino also deliberately appointed five members,
including former Labour Minister Blas Ople, who had been allied with Marcos until the latter's
ouster. After the Commission had convened, it elected Cecilia Muñoz-Palma as its president.
Muñoz-Palma had emerged as a leading figure in the anti-Marcos opposition movement
following her retirement as the first female Associate Justice of the Supreme Court. The
Commission finished the draft charter within four months after convening. Several issues were
heatedly debated during the sessions, including on the form of government to adopt, the
abolition of the death penalty, the continued retention of the Clark and Subic American military
bases, and the integration of economic policies into the Constitution. Brocka would walk out of
the Commission before its completion, and two other delegates would dissent from the final draft.
The ConCom completed their task on October 12, 1986 and presented the draft constitution to
President Aquino on October 15, 1986.
11. Constitution of the Philippines (1987)

The Constitution is divided into a Preamble and 18 parts called Articles.

Preamble

The Preamble introduces the Constitution, identifies the author and the purposes of the
fundamental law and aids the authorities in the interpretation of the Constitution since it lays
down the visions of the government. The Preamble reads:

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and
humane society and establish a Government that shall embody our ideals and aspirations,
promote the common good, conserve and develop our patrimony, and secure to ourselves and
our posterity the blessings of independence and democracy under the rule of law and a regime
of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.

a) Article I – National Territory

b) Article I specifies that the Philippines is an archipelago and that the Philippines territory
consists of the islands and waters embraced therein, all other territories which the Philippines has
sovereignty or jurisdiction, and the terrestrial, fluvial and aerial domains including the territorial
sea, the seabed, the subsoil, the insular shelves and other submarine areas. It also specifies that
the waters around, between, and connecting the islands of the archipelago, regardless of their
breadth and dimensions form part of the internal waters of the Philippines.

c) Article II – Declaration of Principles and State Policies

d) Article II sets down basic social and political creed of the country, particularly the
implementation of the constitution and sets fort the objectives of the government. Some of its
provisions are

e) Philippines is a Democratic and Republican State (Section 1)

f) Renunciation of War (Section 2)

g) Supremacy of Civilian Authority (Section 3)

h) Prime duty of the government (Section 4)

i) Defense of the State and Services to be rendered by the Citizens (Section 4)

j) Separation of church and state (Section 6)

k) Independent Philippine Foreign Policy (Section 7)

l) Freedom from Nuclear Weapon (Section 8)

m) Just and Dynamic Social order and Social Justice (Section 9 and 10)

n) Family as the Basic Autonomous Unit (Section 12)

o) Role of the Youth and Women in Nation-Building (Section 13 and 14)

p) The affirmation of labor "as a primary social economic force" (Section 14)
q) Autonomy of local governments (Section 25)

r) Prohibition of Political dynasty and adoption of measures against graft and corruption
(Section 26 and 27)

s) Article III – Bill of Rights

t) Article III, known as the Bill of Rights, enumerates the specific protections against State
power. Many of these guarantees are similar to those provided in the United States Constitution,
including the:

u) The right to due process and equal protection (Section 1)

v) The right against searches and seizures without a warrant (See Fourth Amendment to the
United States Constitution) (Section 2)

The right to privacy (Section 3)

The right to free speech and expression, free press, freedom of assembly and the right to petition
(Section 4)

The free exercise of religion (Section 5)

The right of abode and right to travel (Secton 6)

The right to information on matters of public concern (Section 7)

The right to form associations (Section 8)

Protection against impairment of contractual obligations (Section 10)

The right to free access to courts (Section 11)

The right to be informed of his right to remain silent and to have competent and independent
counsel (Section 12)

The right to bail & against excessive bail (Section 13)

The rights of the accused (Section 14)

The right to habeas corpus. (Section 15)

The right to speedy disposition of cases (Section 16)

The right against self-incrimination (Section 17)

The right to political beliefs and aspirations. (Section 18)

The prohibition against cruel, degrading or inhuman punishment (Section 19)

Protection against imprisonment for debts (Section 20)

The right against double jeopardy (Section 21)

Prohibition of ex post facto laws and bills of attainder. (Section 22)

The scope and limitations to these rights have largely been determined by Philippine Supreme
Court decisions.

Article IV – Citizenship
Article IV enumerates the citizenship of Fiipinos. There are two kinds of citizens: Natural-born
citizens who are citizens from birth and have the right to vote and right to run for public office and
Naturalized citizens, who are immigrants who acquire, voluntarily or by operation of law, the
citizenship of the Philippines

Article V – Suffrage

Article V specifies the qualification and right to vote by citizen. It also enumerates the system and
secrecy of the ballot and absentee voting, and procedure to the disabled and the illiterates to
vote.

Article VI – The Legislative Department

Article VI enumerates the composition, qualification, and term of office and function of the
Congress of the Philippines composed of the Senate of the Philippines and the House of
Representatives of the Philippines. It also specifies the organization, procedure, election and
leadership of officials and process of making law. Some of the power of Congress include the
power of investigation or inquiry in aid of legislation (Section 21); the power to declare the
existence of a State of war (Section 26); fiscal power (Section 25); the inherent power or police
power (Section 1); power of taxation (Section 28); and the power of eminent domain (Section 9)

Article VII – Executive Department

The Philippines is a presidential system of government. The executive power is vested to the
President, assisted by Vice president and heads of executive departments. The Article VII explains
the qualification, term of office, election, power and functions of Philippine President and the
officials within the executive branch. It also specifies the presidential line of succession.

Article VIII – Judicial Department

The power of interpretation and application of the law was entrusted to the Judicial branch. The
Supreme Court of the Philippines is the highest court and has a jurisdiction over the lower courts
that are part of the judicial branch. Article VIII enumerates the qualification, tenure, power and
functions of courts within the Judicial Branch, including the organization of Judicial and Bar
Council.

Article IX – Constitutional Commission

Article IX enumerates the qualification, tenure, power and functions and composition of three
Constitutional Commissions: Civil Service Commission of the Philippines, Commission on Election or
COMELEC, and the Commission on Audit of the Philippines.

Article X – Local Government

The Constitution establishes limited political autonomy to the local government units of Philippine
provinces, Philippine cities, Philippine municipalities, and barangays. Local governments are
generally considered as falling under the executive branch, yet local legislation requires
enactment by duly elected local legislative bodies. The Constitution mandated that the Congress
would enact a Local Government Code.

Article XI – Accountability of Public Officers

Article XI explains that the positions entrusted by the people to the government officials are public
in nature. Government positions should be taken care of at all times. It specifies the processes
and grounds for impeachment of the public officials. It also creates and describe the Office of
the Ombudsman of the Philippines.

Article XII – National Economy and Patrimony

Article XIII – Social Justice and Human Rights

Article XV – The Family

Article XVI – General Provisions

Article XVII – Amendments or Revisions

Article XVIII – Transitory Provisions

The Constitution also contains several other provisions enumerating various state policies
including, i.e., the affirmation of labor "as a primary social economic force" (Section 14, Article II);
the equal protection of "the life of the mother and the life of the unborn from conception"
(Section 12, Article II); the "Filipino family as the foundation of the nation" (Article XV, Section 1);
the recognition of Filipino as "the national language of the Philippines" (Section 6, Article XVI), and
even a requirement that "all educational institutions shall undertake regular sports activities
throughout the country in cooperation with athletic clubs and other sectors." (Section 19.1, Article
XIV) Whether these provisions may, by themselves, be the source of enforceable rights without
accompanying legislation has been the subject of considerable debate in the legal sphere and
within the Supreme Court. The Court, for example, has ruled that a provision requiring that the
State "guarantee equal access to opportunities to public service" could not be enforced without
accompanying legislation, and thus could not bar the disallowance of so-called "nuisance
candidates" in presidential elections.But in another case, the Court held that a provision requiring
that the State "protect and advance the right of the people to a balanced and healthful
ecology" did not require implementing legislation to become the source of operative rights.