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Overview of the Philippine Constitution

This document summarizes the key provisions of the 1987 Philippine Constitution. It outlines the constitution's articles on national territory, declaration of principles, bill of rights, citizenship, suffrage, the legislative, executive and judicial branches of government, constitutional commissions, local government, amendments and revisions, and various other policies. The constitution establishes the Philippines as a democratic republic, enumerates individual civil liberties and political rights, and defines the structure, powers and duties of the three branches of the national government as well as local governments.
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0% found this document useful (0 votes)
72 views2 pages

Overview of the Philippine Constitution

This document summarizes the key provisions of the 1987 Philippine Constitution. It outlines the constitution's articles on national territory, declaration of principles, bill of rights, citizenship, suffrage, the legislative, executive and judicial branches of government, constitutional commissions, local government, amendments and revisions, and various other policies. The constitution establishes the Philippines as a democratic republic, enumerates individual civil liberties and political rights, and defines the structure, powers and duties of the three branches of the national government as well as local governments.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Article I – National Territory  The right to free speech and expression, free

Article I specifies that the Philippines is an archipelago press, freedom of assembly and the right to
and that the Philippines territory consists of the islands petition (Section 4)
and waters embraced therein, all other territories which  The free exercise of religion (Section 5)
the Philippines has sovereignty or jurisdiction, and the  The right of abode and right to travel (Secton 6)
terrestrial, fluvial and aerial domains including the  The right to information on matters of public
territorial sea, the seabed, the subsoil, the insular concern (Section 7)
shelves and other submarine areas. It also specifies that  The right to form associations (Section 8)
the waters around, between, and connecting the islands  Protection against impairment of contractual
of the archipelago, regardless of their breadth and obligations (Section 10)
dimensions form part of the internal waters of the  The right to free access to courts (Section 11)
Philippines.  The right to be informed of his right to remain
Article II – Declaration of Principles and State Policies silent and to have competent and independent
Article II sets down basic social and political creed of the counsel (Section 12)
country, particularly the implementation of the  The right to bail & against excessive bail
constitution and sets fort the objectives of the (Section 13)
government. Some of its provisions are
 The rights of the accused (Section 14)
 Philippines is a Democratic and Republican
 The right to habeas corpus. (Section 15)
State (Section 1)
 The right to speedy disposition of cases (Section
 Renunciation of War (Section 2)
16)
 Supremacy of Civilian Authority (Section 3)
 The right against self-incrimination (Section 17)
 Prime duty of the government (Section 4)
 The right to political beliefs and aspirations.
 Defense of the State and Services to be (Section 18)
rendered by the Citizens (Section 4)
 The prohibition against cruel, degrading or
 Separation of church and state (Section 6) inhuman punishment (Section 19)
 Independent Philippine Foreign Policy (Section  Protection against imprisonment for debts
7) (Section 20)
 Freedom from Nuclear Weapon (Section 8) The right against double jeopardy (Section 21)
 Just and Dynamic Social order and Social Justice  Prohibition of ex post facto laws and bills of
(Section 9 and 10) attainder. (Section 22)
 Family as the Basic Autonomous Unit (Section  The scope and limitations to these rights have
12) largely been determined by Philippine Supreme
 Role of the Youth and Women in Nation- Court decisions.
Building (Section 13 and 14) Article IV – Citizenship
 The affirmation of labor "as a primary social Article IV enumerates the citizenship of Fiipinos. There
economic force" (Section 14) are two kinds of citizens: Natural-born citizens who are
 Autonomy of local governments (Section 25) citizens from birth and have the right to vote and right
 Prohibition of Political dynasty and adoption of to run for public office and Naturalized citizens, who are
measures against graft and corruption (Section immigrants who acquire, voluntarily or by operation of
26 and 27) law, the citizenship of the Philippines
Article III – Bill of Rights Article V – Suffrage
Article III, known as the Bill of Rights, enumerates the Article V specifies the qualification and right to vote by
specific protections against State power. Many of these citizen. It also enumerates the system and secrecy of
guarantees are similar to those provided in the United the ballot and absentee voting, and procedure to the
States Constitution, including the: disabled and the illiterates to vote.
 The right to due process and equal protection Article VI – The Legislative Department
(Section 1) Article VI enumerates the composition, qualification,
 The right against searches and seizures without and term of office and function of the Congress of the
a warrant (See Fourth Amendment to the Philippines composed of the Senate of the Philippines
United States Constitution) (Section 2) and the House of Representatives of the Philippines. It
 The right to privacy (Section 3) 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 Article XVII – Amendments or Revisions
investigation or inquiry in aid of legislation (Section 21); Article XVIII – Transitory Provisions
the power to declare the existence of a State of war
(Section 26); fiscal power (Section 25); the inherent The Constitution also contains several other provisions
power or police power (Section 1); power of taxation enumerating various state policies including, i.e., the
(Section 28); and the power of eminent domain (Section affirmation of labor "as a primary social economic
9) force" (Section 14, Article II); the equal protection of
Article VII – Executive Department "the life of the mother and the life of the unborn from
The Philippines is a presidential system of government. conception" (Section 12, Article II); the "Filipino family
The executive power is vested to the President, assisted as the foundation of the nation" (Article XV, Section 1);
by Vice president and heads of executive departments. the recognition of Filipino as "the national language of
The Article VII explains the qualification, term of office, the Philippines" (Section 6, Article XVI), and even a
election, power and functions of Philippine President requirement that "all educational institutions shall
and the officials within the executive branch. It also undertake regular sports activities throughout the
specifies the presidential line of succession. country in cooperation with athletic clubs and other
Article VIII – Judicial Department sectors." (Section 19.1, Article XIV) Whether these
The power of interpretation and application of the law provisions may, by themselves, be the source of
was entrusted to the Judicial branch. The Supreme enforceable rights without accompanying legislation has
Court of the Philippines is the highest court and has a been the subject of considerable debate in the legal
jurisdiction over the lower courts that are part of the sphere and within the Supreme Court. The Court, for
judicial branch. Article VIII enumerates the qualification, example, has ruled that a provision requiring that the
tenure, power and functions of courts within the State "guarantee equal access to opportunities to public
Judicial Branch, including the organization of Judicial service" could not be enforced without accompanying
and Bar Council. legislation, and thus could not bar the disallowance of
Article IX – Constitutional Commission so-called "nuisance candidates" in presidential
Article IX enumerates the qualification, tenure, power [Link] in another case, the Court held that a
and functions and composition of three Constitutional provision requiring that the State "protect and advance
Commissions: Civil Service Commission of the the right of the people to a balanced and healthful
Philippines, Commission on Election or COMELEC, and ecology" did not require implementing legislation to
the Commission on Audit of the Philippines. become the source of operative rights.
Article X – Local Government
The Constitution establishes limited political autonomy
to the local government units of Philippine provinces, Republic Act No. 6713 - February 20, 1989 - AN ACT
Philippine cities, Philippine municipalities, and ESTABLISHING A CODE OF CONDUCT AND ETHICAL
barangays. Local governments are generally considered STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES,
as falling under the executive branch, yet local TO UPHOLD THE TIME-HONORED PRINCIPLE OF PUBLIC
legislation requires enactment by duly elected local OFFICE BEING A PUBLIC TRUST, GRANTING INCENTIVES
legislative bodies. The Constitution mandated that the AND REWARDS FOR EXEMPLARY SERVICE,
Congress would enact a Local Government Code. ENUMERATING PROHIBITED ACTS AND TRANSACTIONS
Article XI – Accountability of Public Officers AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
Article XI explains that the positions entrusted by the AND FOR OTHER PURPOSES
people to the government officials are public in nature.
Government positions should be taken care of at all [Link]
times. It specifies the processes and grounds for [Link]
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 XIV – Education, Science and Technology, Arts,
Culture and Sports
Article XV – The Family
Article XVI – General Provisions

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