Professional Documents
Culture Documents
1 4
Blacks Law Dictionary 4th Edition, p. 384 Ibid.
2 5
Cruz, p. 805 Ibid.
3 6
https://medium.com/@maryoffutt/what-is-the-best-type-of-constitution- Official Gazette.
3e2b4907835f https://www.officialgazette.gov.ph/constitutions/constitution-day/
i. 1935 Constitution nullified by Japanese-sponsored f. Article V - Suffrage
government g. Article VI - The Legislative Department
ii. 1943 Constitution, Pres. Jose P. Laurel h. Article VII - Executive Department
k. 1945 - 1935 Constitution back in operation i. Article VIII - Judicial Department
l. 1947 - Commonwealth Act No. 733 - call for Consti j. Article IX - COnstitutional Commissions
amendment k. Article X - Local Government
m. March 11, 1947 - Parity Amendment giving US and Filipino l. Article XI - Accountability of Public Officers
citizens equal rights to natural resources m. Article XII - National Economy and Patrimony
n. September 23, 1972 - Martial Law declaration n. Article XIII - Social Justice and Human RIghts
o. December 1, 1972 - (1973) Constitution submitted o. Article XIV - Education, Science and Technology, Arts,
p. January 1973 Culture, and Sports
i. Constitution submitted for ratification p. Article XV - The Family
ii. PD No. 86 Citizen Assemblies for ratification by viva q. Article XVI - General Provisions
voce r. Article XVII - Amendments or Revisions
q. January 17, 1973 - Marcos announcement that the s. Article XVIII - Transitory Provisions
Constitution has been ratified and in full effect
r. January 10-15, 1973 - Javellana v. Executive Secretary Parts of a Constitution7
ruling: 1973 Constitution valid and in force. ● Constitution of Government - institutes government
s. 1986 structure, branches, and operation; e.g. Art. VI, VII, VIII, IX
i. Proc. No. 3 by Pres. Corazon Aquino → suspend ● Constitution of Sovereignty - states how the Constitution
certain provisions of the 1973 Constitution, may be changed; i.e. Art. XVII
promulgating transitory constitution ● Constitution of Liberty - states the fundamental rights of
ii. Proc. No. 9 s. 1986 - Constitutional Commission to the people; e.g. Art. III
replace 1973 Constitution 5. Rules governing the interpretation of provisions in the
t. October 16, 1986 - Constitutional Commission finished its Constitution8
work a. Verba legis - words of the Constitution should be given
u. February 2, 1987 - national plebiscite to ratify 1987 ordinary meaning
Constitution b. Ratio legis anima - words of the Constitution should be
v. February 11, 1987 - Proc. No. 58 - President announced the interpreted according to the intent of the framers
official canvassing of results and ratification of draft c. Ut magis valeat quam pereat - Constitution is to be
constitution interpreted as a whole
4. Parts of the Philippine Constitution 6. Purpose of the Preamble9
a. Preamble a. Sets down the origin, scope, and purpose of the
b. Article I - National Territory Constitution
c. Article II - Declaration of Principles and State Policies b. Aids in determining the meaning of ambiguous provisions
d. Article III - Bill of Rights c. Manifestation of the sovereign will of the Filipino people
e. Article IV - Citizenship
7 8
BOC Reviewer (Political Law 2018), Lambino v. Comelec, G.R. No. Chavez v. Judicial and Bar Council
174153. October 25, 2006 https://www.lawphil.net/judjuris/juri2012/jul2012/gr_202242_2012.html
9
Bernas, p. 4
d. Notes that the document is also the work of the people iv. External sovereignty - independence
themselves 9. Article I: National Territory
7. Supremacy of the Constitution10 The national territory comprises the Philippine archipelago, with all
a. Basic and paramount law to which everyone must conform the islands and waters embraced therein, and all other territories
to and all persons must defer over which the Philippines has sovereignty or jurisdiction, consisting
b. No act shall be valid if it conflicts with the Constitution of its terrestrial, fluvial, and aerial domains, including its territorial
c. Constitution must be upheld as long as it has not been sea, the seabed, the subsoil, the insular shelves, and other
changed by the sovereign people submarine areas. The waters around, between, and connecting the
d. Under the doctrine of constitutional supremacy, if a law or islands of the archipelago, regardless of their breadth and
contract violates any norm of the constitution that law or dimensions, form part of the internal waters of the Philippines.
contract whether promulgated by the legislative or by the 10. Article II: Declaration of Principles and State Policies
executive branch or entered into by private persons for Principles
private purposes is null and void and without any force and Section 1. The Philippines is a democratic and republican
effect.11 State. Sovereignty resides in the people and all government
8. Elements of a state12 authority emanates from them.
a. People - inhabitants of the state; generally agreed that they Section 2. The Philippines renounces war as an instrument of
must be numerous enough to be self-sufficing and to defend national policy, adopts the generally accepted principles of
themselves but small enough to be easily administered and international law as part of the law of the land and adheres to the
sustained policy of peace, equality, justice, freedom, cooperation, and amity
b. Territory - fixed portion of the surface of the earth inhabited with all nations.
by the people of the State; territorial, maritime, fluvial, and Section 3. Civilian authority is, at all times, supreme over the
aerial domains military. The Armed Forces of the Philippines is the protector of the
c. Government - instrumentality by which the will of the State people and the State. Its goal is to secure the sovereignty of the
is formulated, expressed, and realized State and the integrity of the national territory.
i. Constituent functions - compulsory (e.g. keeping Section 4. The prime duty of the Government is to serve and protect
order) the people. The Government may call upon the people to defend the
ii. Ministrant functions - for advancement of society’s State and, in the fulfillment thereof, all citizens may be required,
general interests (e.g. public works) under conditions provided by law, to render personal, military or civil
d. Sovereignty - supreme and uncontrollable power inherent in service.
a state, through which the state is governed. It is permanent, Section 5. The maintenance of peace and order, the protection of
exclusive, comprehensive, absolute, inalienable, and life, liberty, and property, and promotion of the general welfare are
imprescriptible. essential for the enjoyment by all the
i. Legal sovereignty - power to issue final commands people of the blessings of democracy.
(Congress) Section 6. The separation of Church and State shall be inviolable.
ii. Political sovereignty - power behind the legal State Policies
sovereign (sectors that mold public opinion)
iii. Internal sovereignty - power over domestic affairs
10 12
Cruz, p. 16 Cruz, p. 18-43
11
Manila Prince Hotel v. GSIS, G.R. No. L-122156. February 3, 1997.
Section 7. The State shall pursue an independent foreign policy. In Section 18. The State affirms labor as a primary social economic
its relations with other states, the paramount consideration shall be force. It shall protect the rights of workers and promote their welfare.
national sovereignty, territorial Section 19. The State shall develop a self-reliant and independent
integrity, national interest, and the right to self-determination. national economy effectively controlled by Filipinos.
Section 8. The Philippines, consistent with the national interest, Section 20. The State recognizes the indispensable role of the
adopts and pursues a policy of freedom from nuclear weapons in its private sector, encourages private enterprise, and provides
territory. incentives to needed investments.
Section 9. The State shall promote a just and dynamic social order Section 21. The State shall promote comprehensive rural
that will ensure the prosperity and independence of the nation and development and agrarian reform.
free the people from poverty through policies that provide adequate Section 22. The State recognizes and promotes the rights of
social services, promote full employment, a rising standard of living, indigenous cultural communities within the framework of national
and an improved quality of life for all. unity and development.
Section 10. The State shall promote social justice in all phases of Section 23. The State shall encourage non-governmental,
national development. community-based, or sectoral organizations that promote the welfare
Section 11. The State values the dignity of every human person and of the nation.
guarantees full respect for human rights. Section 24. The State recognizes the vital role of communication
Section 12. The State recognizes the sanctity of family life and shall and information in nation-building.
protect and strengthen the family as a basic autonomous social Section 25. The State shall ensure the autonomy of local
institution. It shall equally protect governments.
the life of the mother and the life of the unborn from conception. The Section 26. The State shall guarantee equal access to opportunities
natural and primary right and duty of parents in the rearing of the for public service and prohibit political dynasties as may be defined
youth for civic efficiency and the development of moral character by law.
shall receive the support of the Government. Section 27. The State shall maintain honesty and integrity in the
Section 13. The State recognizes the vital role of the youth in nation- public service and take positive and effective measures against graft
building and shall promote and protect their physical, moral, spiritual, and corruption.
intellectual, and social well-being. It shall inculcate in the youth Section 28. Subject to reasonable conditions prescribed by law, the
patriotism and nationalism, and encourage their involvement in State adopts and implements a policy of full public disclosure of all
public and civic affairs. its transactions involving public interest.
Section 14. The State recognizes the role of women in nation-
building, and shall ensure the fundamental equality before the law of
women and men.
Section 15. The State shall protect and promote the right to health of
the people and instill health consciousness among them.
Section 16. The State shall protect and advance the right of the
people to a balanced and healthful ecology in accord with the rhythm
and harmony of nature.
Section 17. The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and
nationalism, accelerate social progress, and promote total human
liberation and development.