Philippine Constitution

What is a constitution?
It is a written instrument by which the fundamental powers of government are established,
limited and defined and by which the powers are distributed among several departments for
their safe and useful exercise for the benefits of the body politics.

It is a written charter enacted and adopted by the people of the state, through a convention
of representative or in any way the people may choose to act, which a government for them
is ordained or established.

The word itself means “to be part of whole” the coming together of distinct entities into one
group, with the same principles and ideals.

Preamble
The constitution begins with a Preamble, a short statement the purpose of which is to neatly
summarize and crystallize the values and principles a nation hopes to embody and wishes to
project to the rest of the world. They are aspirational and often quite vague statements
intended to inspire citizens and shape a positive national identity and political culture. In this
way, a constitution goes to the heart not only of a country's system of government but also
to its image of itself.

Types of Constitution
1. Written
2. Unwritten
3. Conventional or enacted
4. Cumulative or evolved
5. Rigid or Inelastic
6. Flexible or elastic

Constitution
 1935 Commonwealth Constitution
 1973 Constitution
 1986 Freedom Constitution

Constitution vary in length, the famous US constitution of 1787 being rather short, but
will typically all contain guidance on matters such as those listed below.

1. Rules and guidelines for conducting elections.

2. Relationship between the key institutions, or branches, of government.
3. The location of sovereignty (ultimate political authority) within a political system.
4. Ways in which a constitution can be amended: a constitution must contain a clear
statement of the processes by which it can be changed.
 5. A statement of the rights of citizens against the state and how redress might be
gained.
6. The overall type of government.
7. What the nation stands for.

Evolution of the Philippine Constitution

1897: Constitution of Biak-na-Bato

Emilio Aguinaldo established his headquarters in Biak-na-Bato in Bulacan province. The
news immediately spread throughout the country, and the revolutionaries were once more
in high spirits. General llanera, who was in Nueva Ecija, declared his support for Aguinaldo.
In July 1897, Aguinaldo established the Biak-na-Bato Republic and issued a proclamation
stating the following demands:

1. Expulsion of the friars and the return of the friar lands to the Filipinos
2. Representation of the Philippines in the Spanish Cortes
3. Freedom of the press and of religion
4. Abolition of the government's power to banish Filipinos
5. Equality for all before the law

Facts about Biak-na-Bato Constitution

 The Constitution of Biak-na-Bato was the provisionary Constitution of the Philippine

Republic during the Philippine Revolution.
 It was promulgated by the Philippine Revolutionary Government on 1 November 1897
 The Constitution was written by Isabelo Artacho and Felix Ferrer in Spanish
 The organs of the government under the Constitution were:
1. the Supreme Council (President, & 4 department secretaries; The Interior, the
Foreign Affairs, Treasury and War)
2. the Consejo Supremo de Gracia Y Justicia (Supreme Council of Grace and
Justice)
3. the Asamblea de Representantes (Assembly of Representatives)
  The Filipino's and the Spaniards did not trust each other. As a result, periodic clashes
between the two groups still took place even after Aguinaldo's departure from the
country. The Spanish did not pay the entire agreed amount.

Primary Source: Preamble of the Biak-na-Bato Constitution

The separation of the Philippines from the Spanish monarchy and their formation into an
independent state with its own government called the Philippine Republic has been the end
sought by the Revolution in the existing war, begun on the 24th of August, 1896; and
therefore, in its name and by the power delegated by the Filipino people, interpreting
faithfully their desires and ambitions, we the representatives of the Revolution, in a meeting
at Biak-na-Bato, November 1, 1897, unanimously adopted the following articles for the
constitution of the State.

1899: Malolos Constitution

Emilio Aguinaldo issued a decree on July 18, 1898 asking for the election of delegates to the
revolutionary congress, another decree was promulgated five days later, which declared that
Aguinaldo would appoint representatives of congress because holding elections is not
practical at that time. The following were among the most important achievements of the
Malolos Congress:

1. In September 29, 1898, ratified the declaration of Philippine independence held at

Kawit, Cavite on June 12, 1898.
2. Passage of a law that allowed the Philippines to borrow P 20 million from banks for
government expenses.
3. Establishment of the Universidad Literatura de Filipins and other schools.
4. Drafting of the Philippines Constitution.
5. Declaring war against the United States on June 12, 1899.

Facts about Malolos Constitutions

 The newly reformed Philippine revolutionary forces reverted to the control of

Aguinaldo, and the Philippine Declaration of Independence was issued on 12 June
1898, together with several decrees that formed the First Philippine Republic.
 The Malolos Congress was elected, which selected a commission to draw up a draft
Constitution on 17 September 1898, which was composed of wealthy and educated
men.
 The document was approved by the Congress on 29 November 1898, and
promulgated by Aguinaldo on 21 January 1899 and was titled "The Political
Constitution of 1899" written in Spanish.
  The document was patterned after the Spanish Constitution of 1812, with influences
from the charters of Belgium, Mexico, Brazil, Nicaragua, Costa Rica, Guatemala, and
he French Constitution of 1793.
 The 1899 Malolos Constitution was never enforced due to the ongoing war.

Primary Source: Preamble of the Political Constitution of 1899

We, the Representatives of the Filipino People, lawfully convened, in order to establish
justice, provide for common defense, promote the general welfare and insure the benefits of
liberty, imploring the aid of the Sovereign Legislator of the Universe for the attainment of
these ends, have voted, decreed, and sanctioned the following political constitution.

1935: The Commonwealth Constitution

The Commonwealth era is the 10-year transitional period in Philippine history from 1935 to
1945 in preparation for independence from the United States as provided for under the
Philippine Independence Act or more popularly known as the Tydings-McDuffie Law. The
Commonwealth government was headed by Manuel L. Quezon and Sergio S. Osmeña.

Before the Tydings-McDuffie Act, several acts were first passed:

1. The Philippine Organic Act of 1902 which created the Philippine Assembly and that
the legislative power be vested in the bicameral legislature (Philippine Commission
as the upper house & Philippine Assembly as the lower house.)
2. Philippine Autonomy Act (Jones Law) –removal of the Philippine Commission and
replacing it with a Senate, where the members are elected by Filipino voters. This act
also explicity declared the purpose of the U.S to end their sovereignty and recognize
the Philippine independence as soon as stable government can be established

Facts about Commonwealth Constitution

 The Constitution was crafted to meet the approval of the United States government,
and to ensure that the United States would live up to its promise to grant
independence to the Philippines.
 Commonwealth is a traditional administration to prepare the country toward its full
achievement of independence. It originally provided for a unicameral National
Assembly with a President and Vice President elected to a six-year term without re-
election. It was amended in 1940 to have a bicameral congress (a Senate and a House
of Representatives.
 The draft of the constitution was approved by the constitutional convention on 8
February 1935, and ratified by then U.S. President Franklin B. Roosevelt on 25 March
1935.
 The Commonwealth was briefly interrupted by the events of the World War II, with the
Japanese occupying the Philippines.
Primary Source: Preamble of the 1935 Commonwealth

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.

1973 Constitution
 Parliamentary style Government where legislative power is vested in a Unicameral
National Assembly.
 The President (symbolic and ceremonial head of state) is to be elected to serve a six-
year term and be re-elected to an unlimited number of terms.
 Executive power is to be vested to the Prime Minister who is also the head of
government and Commander-in-Chief of the AFP.

1986 Freedom Constitution

Transitional Constitutional to last for a year.

1987: Constitution after Martial Law

Facts about the 1987 Constitution

 Established the Philippines as a "democratic-republican state" where "sovereignty

resides in the people and all government authority emanates from them".
 It allocates governmental powers among the executive, legislative and judicial
branches of the government.
 Legislative power resides in a Congress divided into two-houses; the Senate which is
compose of 24 senators, who are elected and can serve no more than 2 consecutive
6-year term and the House which is composed of district representatives.
 The Philippine Court System is vested with power of the judiciary and is composed of
a Supreme Court which is a 15-member court appointed by the President and lower
courts.

Preamble

Approved: 02, February 1987

“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.”

Source of Constitution’s authority

 The filipino people- signify oneness and solidarity of the Filipinos as differentiated
from the words “people of the Philippines” which may include other inhabitants or
aliens.
 A sovereign people- intended to emphasize that the Filipino people in ordaining and
promulgating the Constitution do so on their own authority as a sovereign people
without intervention from foreign power.

Belief in God stressed

 The reference to the Almighty God points out the religious nature of the Filipino
people as they acknowledge the existence of Supreme Being that guides their
destinies and the destiny of their nation. The entire Preamble is like a collective
prayer to this Supreme Being, recognizing Him as the source of their authority to
promulgate the Constitution
 The Philippines is a predominantly Christian nation and its people believe in the
power of prayer.

Changes in the Preamble

 The Preamble of the 1973 Constitution was notably changed in the 1987
Constitution. Among the changes are the insertion of the ff:
 The phrase "to build a just and human society,: which makes it clear that the
adoption of the new Constitution does not only seek the establishment of a new
government.
 A just and humane society may be said to be the one where every individual,
regardless of his station in life, is treated fairly before the law, and where special
concern is given to the poor and the less fortunate so that, like the rest, they may be
able to attain a decent standard of living;
 The phrase "the rule of law", as a reminder to everyone of the nation's sad
experience under an authoritarian regime which has been accused, among others, of
numerous violations of human rights, election frauds, graft and corruption,
suppression of dissent, and other repressive acts;
 The word "love", as a principle together with truth, justice, freedom, equality, and
peace to stress the need for a sense of love to bind all Filipinos, especially during
these critical times when armed conflicts and intense political rivalries still continue
to divide our nation; and
  The word "independence", to emphasize that ours is a free nation which does not
owe allegiance to any superior foreign power.

i. Constitution of GOVERNMENT
Provision which set up the governmental structure.
Articles VI, VII, VIII, IX and X
ii. Constitution of LIBERTY
Provisions which guarantee individual fundamental liberties against governmental abuse.
Articles III, IV, V, XII, XIII, XIV, and XV
iii. Constitution of SOVEREIGNTY
Provision which outline the process whereby the sovereign people may change the
constitution.
Articles II, Section 1 and XVII

Parts of the Constitution

o Art. I –National Territory
o Art. II –Declaration of Principles and State Policies
 o Art. III –Bill of Rights
o Art. IV –Citizenship
o Art. V –Suffarage
o Art. VI –Legislative Department
o Art. VII –Executive Department
o Art. VIII –Judicual Department
o Art. IX –Constitutional Commissions (COA, CSC, COMELEC)
o Art. X –Local Government
o Art. XI –Accountability of Public Officers
o Art XII –National Economy and Patrimony
o Art. XIII –Social Justice and Human Rights
o Art. XIV –Education, S&T, Arts, Culture and Sports
o Art. XV –The Family
o Art. XVI –General Provisions
o Art. XVII –Amendments or Revisions
o Art. XVIII –Transitory Provisions

The 1987 Constitution of the Republic of the Philippines—Articles III

Section 1. No person shall be deprived of life, liberty, or property without due process of law,
nor shall any person be denied the equal protection of the laws.

Section 2. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after examination under oath or affirmation
of the complainant and the witnesses he may produce, and particularly describing the place
to be searched and the persons or things to be seized.

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.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the
press, or the right of the people peaceably to assemble and petition the government for
redress of grievances.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the

free exercise thereof. The free exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed. No religious test shall be
required for the exercise of civil or political rights.

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.

Section 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents and papers pertaining to official
acts, transactions, or decisions, as well as to government research data used as basis for
policy development, shall be afforded the citizen, subject to such limitations as may be
provided by law.

Section 8. The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to law shall not
be abridged.

Section 9. Private property shall not be taken for public use without just compensation.

Section 10. No law impairing the obligation of contracts shall be passed.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance
shall not be denied to any person by reason of poverty.

Section 12.

(3) Any person under investigation for the commission of an offense shall have the right to
be informed of his right to remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot afford the services of
counsel, he must be provided with one. These rights cannot be waived except in writing
and in the presence of counsel.
(4) No torture, force, violence, threat, intimidation, or any other means which vitiate the
free will shall be used against him. Secret detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.
(5) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(6) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their
families.

Section 13. All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient
sureties, or be released on recognizance as may be provided by law. The right to bail shall
not be impaired even when the privilege of the writ of habeas corpus is suspended.
Excessive bail shall not be required.
Section 14.

(1) No person shall be held to answer for a criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary
is proved, and shall enjoy the right to be heard by himself and counsel, to be informed
of the nature and cause of the accusation against him, to have a speedy, impartial, and
public trial, to meet the witnesses face to face, and to have compulsory process to
secure the attendance of witnesses and the production of evidence in his behalf.
However, after arraignment, trial may proceed notwithstanding the absence of the
accused provided that he has been duly notified and his failure to appear is
unjustifiable.

Due Process
 Due Process is the legal requirement that the state respect all legal rights that are owned
to a person.
 Due Process balances the power of law of the land and protects the individual person
from it.

The 1987 Constitution of the Republic of the Philippines—Article III

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases
of invasion or rebellion when the public safety requires it.

Section 16. All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Section 18.

(1) No person shall be detained solely by reason of his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted.

Section 19.

(1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted. Neither shall the death penalty be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides for it. Any death penalty
already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment against any
prisoner or detainee or the use of substandard or inadequate penal facilities under
subhuman conditions shall be dealt with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Section 21. No person shall be twice put in jeopardy of punishment for the same offense. 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. No ex post facto law or bill of attainder shall be enacted.

Ex Post Facto Law

An ex post facto law is a law that changes the legal status of an action after it has already
been done, especially a law that makes an action illegal after it has been committed.

Methods by which the Constitution can be changed or amended.

1. Con-as (Constituent Assembly)

Congress or House of representatives and Senate may convene as a Con-Ass to
propose amendments to the Constitution. It is not clear, however, if Congress is to
vote as a single body or separately.
2. Con-con (Constitutional Convention)
Congress, upon a vote of three-fourths of all its members, calls for a constitutional
convention. In a con-con, delegates will propose amendments or revisions to the
Constitution.
3. PI (People’s Initiative)
In this method, amendments to the Constitution may be proposed by the people
upon a petition of at least 12% of the total number of registered voters. No
amendments is allowed more than once every five years since a successful PI.

Note: Amendments or revision to the constitution shall be valid only when ratified by a
majority of the votes cast in a national referendum.