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The Philippine Constitution

The 1987 Constitution of the Philippines is the supreme law that establishes the framework for government, defines the powers of its branches, and secures citizens' rights. Ratified on February 2, 1987, it replaced the 1973 Constitution and reinstated democracy after the Marcos regime. The Constitution consists of a preamble and 18 articles covering various aspects such as national territory, rights, governance, and social justice.

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0% found this document useful (0 votes)
26 views4 pages

The Philippine Constitution

The 1987 Constitution of the Philippines is the supreme law that establishes the framework for government, defines the powers of its branches, and secures citizens' rights. Ratified on February 2, 1987, it replaced the 1973 Constitution and reinstated democracy after the Marcos regime. The Constitution consists of a preamble and 18 articles covering various aspects such as national territory, rights, governance, and social justice.

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© © All Rights Reserved
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The Philippine constitution

The 1987 Constitution of the Philippines is the supreme law of the land.
It lays the foundation of the structure and operation of the government, defines the powers
of its branches, and secures the rights of the people.
The Constitution was ratified on February 2, 1987, during the administration of President
Corazon C. Aquino.
It replaced the 1973 Constitution and reinstated democratic institutions after the
authoritarian regime under Ferdinand Marcos.

It has a preamble and 18 articles


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

Article i: national territory


Article I defines the national territory of the Philippines.
This article is relevant to the country's territorial disputes and its exercise of sovereign rights
over its exclusive economic zone (EEZ) and continental shelf, particularly in relation to the
West Philippine Sea.
Article II: declaration of principles and state policies
Section 1: Sovereignty of the People – Sovereignty resides in the people and all government
authority emanates from them.
Section 2: Renunciation of War – The Philippines renounces war as an instrument of national
policy and adopts the principles of international law as part of its domestic law.
Section 6: Separation of Church and State – The separation of Church and State is inviolable.
Section 26: Prohibition of Political Dynasties – The State shall guarantee equal access to
opportunities for public service and prohibit political dynasties as may be defined by law.
Article III. Bill of rights: The Bill of Rights guarantees and protects civil, political, and
individual rights from abuse by the government. Some of the key rights include:
Right to Life, Liberty, and Property (Section 1) – No person shall be deprived of life, liberty,
or property without due process of law.
Equal Protection (Section 1) – Everyone is entitled to equal protection of the laws.
Freedom of Speech, Expression, and Press (Section 4) – The right to free speech, press, and
peaceful assembly is guaranteed.
Freedom of Religion (Section 5) – The free exercise of religion is protected, and no religious
test is required for the exercise of civil or political rights.
Right to Privacy (Section 3) – The right to privacy is guaranteed; unwarranted searches and
seizures are prohibited without a valid search warrant.
Right to Due Process and Equal Protection (Section 14) – No person shall be held to answer
for a criminal offense without due process, and everyone is entitled to a fair and impartial
trial.

Section 3
(1) The privacy of communication and correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible
for any purpose in any proceeding
In the hospitality industry, there is a no tenet more sacred than to respect the privacy of
guests. The 1987 Constitution has placed a guarantee that the privacy of persons,
particularly in his spoken and written words, shall be inviolable. However, this veil of privacy
may be lifted provided that there is a lawful order by the court or when public safety or
public order requires otherwise. So sacred is this right that even a person’s spouse is
prohibited from tampering his or her letters without his consent.

Republic act no. 4200 (anti-wiretapping law)


RA No. 4200, otherwise known as Anti-Wiretapping Law provides penalties for specific
violations of the privacy of communication. Under Section 3 of the Act, the court will
authorize wiretaps in certain crimes, such as treason, espionage, provoking war and
disloyalty in case of war, piracy, mutiny in the high seas, rebellion, conspiracy and proposal
to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, inciting to
sedition, kidnapping and other offenses against national security.
Any evidence obtained in violation of the above shall be considered “fruit from the
poisonous tree” and shall not be admitted as evidence in any administrative or criminal
proceeding.

Section 6
The liberty of abode and of changing the same within the limits prescribed by law shall not
be impaired except upon lawful order of the court. Neither shall the right to travel be
impaired except in the interest of national security, public safety, or public health, as may be
provided by law.

THE LIBERTY OF ABODE and THE RIGHT TO TRAVEL


This constitutional right states that no person may be prohibited from lawfully establishing
his home at a certain place nor restrained to travel except in the interest of national
security, public safety or public health. In this country, person is allowed to live and go
wherever he wants unless there is a valid reason to the contrary.

Article IV: Citizenship


This article outlines the rules on who are considered Filipino citizens.
Article V: suffrage
Suffrage is the right to vote. Article V specifies that suffrage may be exercised by Filipino
citizens, not otherwise disqualified by law, who are at least 18 years old and have resided in
the Philippines for at least one year and in the place where they intend to vote for at least
six months.
Article VI: the legislative department
,This article vests legislative power in the Congress of the Philippines, which consists
of:

The Senate, composed of 24 Senators elected at large for a term of six years, and
The House of Representatives, with members elected from legislative districts and
party-list representatives for a term of three years.

Article VII: the executive department


The Executive power is vested in the President of the Philippines, who serves a six-year term
with no re-election. The President is both the head of state and government and exercises
control over all executive departments, bureaus, and offices.
Commander-in-Chief Powers – The President is the Commander-in-Chief of the Armed
Forces
Emergency Powers – In times of national emergency, the President may be granted
additional powers by Congress.
Appointments and Removals – The President appoints officials such as Cabinet members,
ambassadors, and judges, with the consent of the Commission on Appointments.

Article viii:ARTICLE VIII: THE JUDICIAL DEPARTMENT


Judicial power is vested in one Supreme Court and such lower courts as may be established
by law.

Article IX: CONSTITUTIONAL COMMISSIONS


There are three independent Constitutional Commissions:

Civil Service Commission (CSC) – Oversees the merit-based recruitment and promotion of
government employees.
Commission on Elections (COMELEC) – Administers elections and ensures electoral integrity.
Commission on Audit (COA) – Examines and audits government revenues and expenditures
to ensure accountability.

Article X: LOCAL GOVERNMENT


Article X establishes the principle of local autonomy and the creation of autonomous regions
in Muslim Mindanao and the Cordilleras. Local government units (LGUs) – provinces, cities,
municipalities, and barangays – are vested with executive and legislative powers.
Article XI: ACCOUNTABILITY OF PUBLIC OFFICERS
Public officers are accountable to the people.
Article XII: NATIONAL ECONOMY AND PATRIMONY
The economy should be primarily controlled by Filipinos. Key provisions include:
 Limits on foreign ownership of land and natural resources (60% Filipino ownership).
 Promotion of Filipino investments and industry.
 The State's regulation of monopolies and enterprises to promote general welfare.
ARTICLE XIII: SOCIAL JUSTICE AND HUMAN RIGHTS
The State is tasked with promoting social justice in all aspects of national development, with
particular emphasis on improving the living conditions of the poor. The article provides:
 Agrarian reform and land redistribution programs;
 Labor rights, including just and humane working conditions and the right to form
unions;
 Promotion of human rights through the establishment of the Commission on Human
Rights (CHR).
ARTICLE XIV: EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE, AND
SPORTS
This article mandates the State to promote accessible education, develop scientific and
technological progress, and foster Filipino culture and heritage. The State guarantees free
and compulsory primary and secondary education and encourages the development of a
national language (Filipino).
Article XV – The Family
Article XV establishes the recognition of the state on the Filipino family as the basic
foundation of the nation as it shall reinforce and bolster its solidarity and steadily promote
its development. Alongside with this, it also states important provisions such as:
 Protection of marriage by the state as it is recognized as the foundation of the family
and is an inviolable institution.
 Provision of policies and programs subject to every Filipino family assuring the people's
welfare and social security.
 Protection of the rights of spouses with responsible parenthood to found a family in
accordance with their religious convictions.
 Recognition and protection of the rights of every Filipino child
Article XVI – General Provisions
This article covers various general provisions, including:

 The Armed Forces of the Philippines, which must be professional and free from partisan
politics.
 The efense of the State and the maintenance of a national economy under Filipino
control.
ARTICLE XVII: AMENDMENTS OR REVISIONS
Article XVII outlines the process for amending or revising the Constitution
ARTICLE XVIII: TRANSITORY PROVISIONS
This article contains provisions ensuring a smooth transition from the 1973
Constitution to the 1987 Constitution. It also provides for certain temporary rules,
including the continuation of existing laws and appointments.

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