Social Science 5

Philipine Politics, Government and Constitution

CONCEPT OF POLITICS
Politics (from Greek πολιτικος, [politikós]: «citizen», «civilian»), is a process by which groups of
people make collective decisions.

Politics - denotes a social activity

- is the creation, maintenance and amendment

of social norms or rules.

- Is an art and science of the government.

- Is the realm of public affairs or the state.

The term is generally applied to behavior within civil governments, but politics has been
observed in other group interactions, including corporate, academic, and religious institutions.
It consists of "social relations involving authority or power” and refers to the regulation of
public affairs within a political unit, and to the methods and tactics used to formulate and
apply policy.

Politics 
The science of government; that part of ethics which has to do with the regulation and
government of a nation or state, the preservation of its safety, peace, and prosperity, the
defense of its existence and rights against foreign control or conquest, the augmentation of its
strength and resources, and the protection of its citizens in their rights, with the preservation
and improvement of their morals. 

The management of a political party; the conduct and contests of parties with reference to
political measures or the administration of public affairs; the advancement of candidates to
office; in a bad sense, artful or dishonest management to secure the success of political
candidates or parties; political trickery.

Politics (or political science), like any field/discipline, has its own language/jargon. This lecture
is meant to equip you to understand that jargon and speak the language of politics.

BASIC CONCEPTS OF POLITICS

1. ORDER - Is the central to the study of politics because it shows different components
of human society.

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 STRUCTURES of ORDER

a. COMMUNITY – is one kind of social order which refers to the association of

individual who shares a common identity.

b. GOVERNMENT – is a higher level of social order that exist primarily for the
maintenance and perpetuation of the community.

c. STATE - is the largest social order today and in which the term politics
originally derived.

2. POWER - The main source of reign of the government. The possession to govern or
rule the state.

3. JUSTICE - The process of legalizing and penalizing the abuse of political power and
power to rule.

“ If the government gives what people need, protect and respect their rights, and
put the common good over and above the personal interest of the leaders
then there is said to be justice.”

TWO APPROACHES to the STUDY of POLITICS

 POLITICAL PHILOSOPHY - It is the traditional approach in which the primary goal is to

understand the essence or the truth about politics.
 POLITICAL SCIENCE - It is the empirical/ objective approach in which it places little
emphasis on abstract and normative question, and concentrates on a dispassionate and
objective of the realities of politics.

What is power?
 Power is a term of influence.
Influence terms are difficult to define:
à power, influence, authority, coercion, persuasion, control, etc.

Power is the ability of one actor (A) to make another (B) do something s/he (B) would not
otherwise do.

Power is a central concept when studying politics

(i.e. Lasswel’s “Who gets what, when, and how.”)

Who has power?

How much power does s/he have?
How is that power exercised?

Influence terms (authority, coercion, control,

persuasion, etc.) have no standard terminology in political science (or in ordinary language for

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that matter). By and large the differences are ambiguous, and distinctions are more a matter of
nuance than anything else.

Possible nuances:
- Authority = connotes the rightful exercise of power
- Persuasion = connotes the exercise of power in a manner of non-violence and whereby
(B) comes to agree that to act in the manner (A) wants is in his own best interests as
well.
- Coercion = connotes the exercise of power in a violent manner (or presupposing the
threat of violence)

Types of Power
1. Manifest
 Based on any observable action that results in (B) doing what (A) wants.
2. Implicit
 More tacit than observable.
 Generally contextual and indirect.

“Measuring” Power
1. The amount of change in the position of the actor influenced.
2. The costs of compliance.
3. The amount of difference in the probability (or frequency) of compliance.
4. Differences in the scope of the responses.
5. The number of respondents.

Political power (imperium in Latin) is a type of power held by a group in a society which allows

administration of some or all of public resources, including labour, and wealth. There are many
ways to obtain possession of such power. At the nation-state level political legitimacy for
political power is held by the representatives of national sovereignty. Political powers are not
limited to heads of states, however the extent to which a person (such as Joseph
Kony, Subcomandante Marcos, or Russell Means) or group such as an insurgency, terrorist
group, or multinational corporation possesses such power is related to the amount of societal
influence they can wield, formally or informally. In many cases this influence is not contained
within a single state and it refers to international power.

Political Behavior

Political behavior consists of human activities relating

to the government and its processes of authoritative
decision making and action. Examples of political
behavior, or political activity, include such actions as
(1) voting in elections, (2) contributing money to

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political parties or to the election campaigns of candidates running for government office, (3)
attending and actively participating in party caucuses, or meetings (e.g., precinct meetings and
county, district, state, and national conventions), (4) serving on party and campaign
committees, (5) serving as campaign workers for particular candidates, (6) working for political
action committees, (7) active membership in political interest groups, (8) lobbying, (9) engaging
in protest demonstrations, (10) writing to or otherwise contacting members of the legislature
or other government officeholders, (11) disseminating political propaganda, (12) writing letters
to newspaper and magazine editors--letters discussing politics and issues of public policy, (13)
writing and publishing books, periodicals, articles, and other literature dealing with public
issues, (14) running for government office, and (15) governmental activity--the government's
making and enforcement of authoritative decisions, decisions that are vested with the authority
of the society for and in the name of which they are made and carried out, are binding on all
members of the society, and have the effect of authoritatively distributing resources and values
for the society.

Political Power and Public Policy:

The Relationship between Political Power and Public Policy. The ultimate purpose of acquiring
political power is to use it to shape and control public policy--public policy in general or some
aspect of public policy. Those who possess political power and utilize it to influence, shape, and
control the political behavior of others--whether to influence a decision of a political party or a
political action committee, to impact on the outcome of an election, to influence the decisions
and actions of government offices and institutions, or to obtain for themselves election or
appointment to public office and thereby gain personally the legal right to actively and officially
participate in the processes of authoritative decision making by the government--are concerned
ultimately with influencing, conditioning, shaping, and controlling the content and direction of
public policy. Political power is acquired and exercised in order to significantly affect the
government's authoritative decisions and actions on public policy--either decision making and
action on public policy in general or decision making and action in a particular area of public
policy (let's say, public education, national health insurance, immigration, drug enforcement,
civil rights, affirmative action, taxation, energy policy, environmental protection, gun control, or
regulation of abortion).

Government, Private Citizens, and Political Power:

In a modern constitutional democratic political society, such as the Philippines or the U.S.A.,
do all persons who wield political power hold formal positions in the government? The answer
to this question is, of course, no. One who possesses and exercises political power may or may
not be an official governmental decision maker, or an official participant in govern- mental
decision making. A political actor wielding political power may or may not hold a government
office relevant to the particular policy decision or decisions he is seeking to mold and control. If
he does hold such an office, he operates as a formal-legal participant in the public-policy
decision making processes carried on by the government. If he does not occupy a relevant
public office, he plays the role of a private citizen who, through mobilization of political

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resources available to him, effectively exerts pressure on the government and thereby
influences, conditions, and modifies the government's decision making behavior in one or more
areas of public policy. In the latter case, the citizen may act as an individual, as a member of a
politically influential family, as one who is highly respected and strategically located in a
politically influential "Old Boys" or "First Families" network, as a member or hired lobbyist of a
political interest group, as a leader or active member of a political party or faction, or in two,
three, four, or all five of the foregoing capacities.

Political Authority and Political Influence:

Two major forms of political power are political authority and political influence.

a. Political Authority. Political authority is governmental power, the formal-legal authority of

the public officeholders and institutions comprising the government to make and carry out
decisions on public policy--to adopt and implement the authoritative decisions that have the
force of law and are binding on all members of the society. Political authority is the legally
established power of the government to make rules and issue commands and to compel
obedience to them, making use of physical force and coercion when deemed necessary.
Political authority, in short, is the legal right--the legally established power--to govern society.

The political authority exercised by a government may be legitimate or illegitimate.

If the political authority exercised by a government is willingly and widely accepted by the
population comprising the society the government endeavors to control, that government will
not have to rely entirely or almost entirely on naked force to maintain order and obtain
compliance with its decisions. Under these conditions, the authority exercised by the
government is legitimate, and the government itself is legitimate.

Legitimate political authority is the legitimate right of the government to govern the entire
society, the widely recognized right of the government to adopt and enforce public-policy
decisions for and in the name of the entire political community. Legitimate political authority is
governmental power derived from willing and widespread acceptance by the citizenry of the
right of the organs of their government to make rules and issue commands and to expect
obedience to them. Legitimate political authority, in short, is governmental power based
on political legitimacy.

Political legitimacy exists in a political community, or society, when most citizens

(1) perceive the government as having the moral as well as legal right to
make and enforce decisions binding on the whole community, (2)
see the decisions themselves as being legitimate, and (3)
consider it the duty of all citizens to voluntarily comply with
these decisions, thereby substantially reducing the government's
need to employ armed force or expend other resources to
compel or induce compliance. The existing political regime, or

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system of government, is considered to be legitimate because, according to widespread and
deep-seated feelings and beliefs among the members of the political society, those persons
occupying the offices and institutions comprising the government obtained their positions by
legitimate means and therefore have the moral and legal right to hold these formal
governmental positions and to exercise the powers legally assigned to the positions. Absent,
under normal conditions, are efforts of substantial segments of the society to employ force and
violence--armed insurrection, or rebellion--in order to overthrow the political regime, to
prevent effective enforcement of the government's decisions, or to secede from the existing
political community and form a separate and independent community and governmental
system of their own.

Political influence needs to be distinguished from political authority. While political authority is

the formal-legal right of the government to make and enforce official decisions on public
policy, political influence is the ability of private individuals and groups to impact on the
government's making and implementation of official policy decisions.

Political influence is the ability of private individuals and groups to influence, condition, shape,
and thereby control the authoritative decisions and actions of those who possess the formal-
legal authority to take these decisions and actions. The individuals and groups exercising
political influence do not hold the relevant government offices and therefore do not possess
the formal-legal authority to make the official governmental decisions they seek to shape and
control; but they do have and exercise the ability to shape and control the decision making
behavior of those officeholders in the government who do possess the formal-legal authority to
make the relevant decisions on public policy. Such individuals and groups exercise significant
influence over particular policy decisions made by particular government offices and
institutions. These individuals and groups have acquired and are exercising that form of political
power called "political influence." A private individual or organization possesses and exercises
political influence to the extent that its interests and demands have to be taken into account by
the government--or an office or institution of the government--when making and carrying out
decisions on public policy.

Political influence, in short, is the form of political power exercised by those who do not possess
the formal-legal authority to make and enforce particular governmental decisions on public
policy, but have and utilize the ability to condition, modify, and control the official decision
making behavior of those in government office who do possess the authority to make and
implement the decisions.

How Exercise of Political Authority and Exercise of Political Influence Differ

An Illustration. When the Philippine Congress (The Lower House and the Senate) enacts a law
and provides for its enforcement, that public institution--or set of public institutions--is
exercising political authority. When the leaders of a political interest group (like the Catholic
Church), a private organization (like Makati Business Club, Gabriela, etc.), successfully persuade
particular members of Congress to vote a certain way on a pending legislative bill, when the

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congressmen were not inclined to vote that way in the absence of interest-group pressure, the
leaders of the interest group are exercising political influence. 

SOURCES

Politics. Taken from Wikipedia

Politics and Government: The Essentials. Taken from

http://www.proconservative.net/CUNAPolSci201PartOneC.shtml

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 CONCEPT OF STATE
State is a community of persons more or less numerous, permanently occupying a definite
portion of territory, independent of external control, and possessing an organized government
to which the great body of inhabitants render habitual obedience.

States vary in shapes and sizes, cultures, forms of

government, natural resources, language, etc.
However, all states possess four elements:
a) people,
b) territory
c) government, and
d) sovereignty.

The absence of any of these elements will not make a state a state.

Duties of the State

 Peace and order and national security
 Political harmony or good laws
 Social justice
 Economic development
 Individual and collective development of people

Origin of the State

1. Divine Right Theory – holds that the state is of divine creation and the ruler is ordained
by God to govern the people
2. Necessity or force theory – maintains that states must have been created through force
3. Paternalistic theory – attributes the origin of states to the enlargement of the family
4. Social Contract theory – asserts that the early states must have been formed by
deliberate and voluntary compact among people to form a government of their own.
5. Voluntaristic theory said that at some point in their history, certain peoples
spontaneously rationally and voluntarily gave up their individual sovereignties and
united with other communities to form a larger political unit deserving to be called a
state.
6. "Automatic" theory. According to this theory, the invention of agriculture automatically
brought into being a surplus of food, enabling some individuals to divorce themselves
from food production and to become potters, weavers, smiths, masons, and so on, thus
creating an extensive division of labor.

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DOCTRINE OF PARENS PATRIAE

Literally, parens patriae means father of the country. This doctrine has been defined as the
inherent power and authority of the state to provide protection to the persons and property of
the persons non-sui juris. Non-sui juris persons are those who lack the legal capacity to act on
his own behalf like the child or the insane persons.

STATE VS. NATION

Nation is a population having a common language and literature, a common tradition and
history, common customs, and a common consciousness of rights and wrongs, inhabiting a
territory of a geographic unity. A society of men is said to constitute a nation when they feel
conscious of their common racial or cultural or sentimental solidarity among themselves. In
sum, a nation exists where its component atoms believe it to be a nation.

What are then the differences between nation and state? Nation is an ethnical concept while
state is a political or legal concept. A state presupposes a government and a definite territory,
while these are not necessary for a nation to exist. There can be a nation without there being a
state, but where there is a state, there is at least one nation. A state may be made up of one or
more nations, it is called a poly-national state. But where there is only one nation in one state,
it is called a mono-national state.

STATE VS. GOVERNMENT

State has four basic elements: people, territory, government and sovereignty. The absence of
any of these elements will not make a state a state. Thus, the state cannot exists without a
government. There can be a government however even without there being a state.
Government may exist as long as a particular society wanted to continue to have institutions
that will carry out the rules of action which are necessary for them to live in a social state.

A state is permanent while a government is not. A government may come and go, it may be
overthrown. But the state continues to be unimpaired and unaffected.

A state is an ideal person, intangible, indivisible and immutable. It can do no wrong. The
government is an agency of the state. It is perfect if it acts within the sphere. Whatever done
wrong is attributed to the government and not to the state.

The Three inherent powers of the state

A state is a very powerful entity. Even from the earliest history, the state commands supreme
authority to enforce its will upon the people. These powers are inherent in nature and the

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foundation of its existence. No state can exist without these powers, because it through these
powers that state derive its authority.

1. Eminent Domain – the power of the state or of those to whom the power is delegated
to take or expropriate private property for public use upon payment of just
compensation.

Conditions for or limitations of the exercise of eminent domain

 Existence of public use
 Payment of just compensation
 Observance of due process of law in the taking

2. Police Power – the power of the state to enact laws or regulations in relation to persons
and property

Basis of police power

 The welfare of the people is the supreme law
 So use your own so as not to injure another’s property
 Illustrations of police power
o Public health
o Public morals
o Public safety
o General welfare and convenience

3. Power of taxation –the power of the state to impose charge or burden upon persons or
property or property rights for the use and support of the government

ELEMENTS OF THE STATE

A. PEOPLE

People are the inhabitants of the state. It is the entire body of

those citizens of the state who are vested with political power
for political purposes. There is no specific number of people
required in order that a state be considered as one. However, it
is important that the number must be numerous enough to be
self-sufficient and to defend themselves and small enough to be
administered. To date, the smallest state in terms of population
is Vatican City with 826 citizens, who are mostly clerics and some
Swiss guards. On the other hand, China is the largest state with
1.3 billion population. The Philippines is also fast growing state
with 97,976,603 population(Source:
http://www.infoplease.com/ipa/A0004379.html).

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People are the basic component of a state. Without people, there can be no functionaries to
govern and no subjects to be governed. The people forming the state need not share common
racial, culture, ideological or commercial interests. What is important is they have common
political ends.

There are two interpretations on the term people. Some refers the term people to the voters
only because it is only through voting that the consent of the people is obtained. On the other
hand, some considers people as a collective unit because they believe that as an aggregate or
mass of individuals who constitute the state, in them lodged the political power, and this power
is considered to be inherent. It is but another way of stating the fundamental truth on which
free institutions are based, the right of the majority to rule. It is in this context that the term
people is used in Section 1, Article II of the 1987 Philippine Constitution. It says: "The
Philippines is a democratic and republican State. Sovereignty resides in the people and all
government authority emanates from them." In a representative government all powers of
government belong ultimately to the people in their sovereign corporate capacity.

B. TERRITORY

Territory is a fixed area or surface of the earth where the inhabitants of a state live and where
they maintain a government of their own. There are three components of territory: a) the land
mass otherwise known as the terrestrial domain, b) the internal and external waters, which
make up the maritime and fluvial domain; and c) the air space above the land and waters,
which is called the aerial domain.

For the sake of practicality, a territory must neither be too big as to be difficult to administer
and defend nor too small as to be unable to provide for the needs of the population. The
smallest state is Vatican City. It spreads across 0.17 square miles or .43 square kilometer. It
would actually fit in Rizal Park in Manila. The biggest state is Russia with its total land area of
6,592.735 square miles.

A state may increase or decrease its territory by the acquisition of further territory through
either (a) discovery and occupation; or (b) conquest; or (c) accretion; or (d) prescription; or (e)
cession through gift, exchange, or purchase. It may decrease through its loss. The increase or
decrease does not affect the personality of the state. What is important is there still exists a
portion of its territory as an abode for its people.

MODES OF ACQUIRING TERRITORY

The traditional modes of acquiring territory of a state are: (a) discovery, (b) occupation, (c)
prescription, (d) cession, (e) annexation, (f) conquest, (g) accretion and (h) avulsion.

Discovery is the oldest method of acquiring title to territory. However, discovery alone would
not suffice to establish legal title. It is necessary that the discovered area must be physically
occupied. Related to title by discovery is the hinterland doctrine or the principle of continuity. If

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a state has made a settlement, it has a right to assume sovereignty over all adjacent vacant
territory, which is necessary to the integrity and security of the settlement.

Occupation is the intentional acquisition by a state over a territory which at the time of claim
not under the sovereignty of any state. There are two requirements: (1) the territory subject of
claim must not be under the sovereignty of any state (terra nullius); and (2) the state must have
effectively occupied the territory, that is, the state claiming the territory must have exercised
immediate occupation (corpus occupandi) on the territory after it displayed its intention to
occupy (animus occupandi).

There are two elements of effective occupation. One is the intention and will to act as sovereign
(animus), and two is the peaceful and continuous display of state authority (factum). The
intention can be displayed from the simple fact of publishing notices of sovereignty in various
state journals or issuing laws on territorial assertions. The display of state authority must be
peaceful and continuous. Mere protests from rival claimant states do not lose the peaceful
character of  the display of state authority. However, consistent protests over a long period of
time if not rebutted by the claimant state may disturb the peaceful character of the display of
state authority. The continuous display of state authority encompasses two ideas: (1) that the
display of authority is ongoing; and (2) the display of state authority must exist up to the
"critical date". The critical date in a territorial dispute is the date on which the location of
territorial sovereignty is decisive. Normally it is the date of the origin of the dispute. The state
which can present an effective title in the period immediately preceding the critical date has
the superior claim.

Prescription means continued occupation over a long period of time by one state of territory
actually and originally belonging to another state. There are four requirements of prescription:
(1) the possession must be exercised in the form of actual exercise of sovereign authority; (2)
the possession must be peaceful and uninterrupted; (3) the possession must be public; and (4)
the possession must be for a long period of time.  The peaceful and continuous display is
also an essential element although as compared to occupation, prescription requires a stricter
proof and longer period of the display of authority. Moreover, any protest or objection by the
losing state destroys the peaceful display of authority of the claiming state.

Cession is the transfer of territory usually by treaty from one state to another. Concomitant of
transfer of territory is the transfer of sovereignty from the owner state to another state. And
since cession is a bilateral transaction, the parties involved are states. Cession may also be in
the form of exchange of territory or in the form gift or donation or devise.

Conquest is acquiring territory by the use of force. The practice before was after conquest, the
conqueror annexed the conquered territory to his state. Thus, conquest first takes place
followed by annexation. But with the establishment of the United Nations, conquest is no
longer acceptable in the international community.

A state may also increase or decrease its territory through accression and avulsion. Accression

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is the attainment of sovereignty over new land due to slow movement of natural forces.
Example of this is the gradual movement of a river bed. On the other hand, if the natural forces
happened suddenly, like creation of an island in territorial waters due to volcanic eruption, it is
referred as avulsion.

THE PHILIPPINE TERRITORY

The scope of the Philippine territory is found in Article I of the 1987 Philippine Constitution. It
provides:

"The national territory comprises the Philippine archipelago, with all the islands and waters
embraced therein, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial, and aerial
domains, including its territorial sea, the seabed, the subsoil,
the insular shelves, and other submarine areas. 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."

For purposes of analysis, Philippine national territory

includes the following:

(a) the Philippine archipelago, with all the islands and

waters embraced therein;

(b) all other territories over which the Philippines has

sovereignty or jurisdiction consisting of territorial, fluvial
and aerial domains;

(c) the territorial sea, the seabed, the subsoil, and insular
shelves and other submarine areas; and

(d) the waters around, between, and connecting the islands of the archipelago, regardless of
their breadth and dimensions.

Territorial sea is that part of the sea extending 12 nautical miles (19 kms) from the low-water
mark. It is also called the marginal sea, the marginal belt or the marine belt.
Seabed is the land that holds the sea, lying beyond the seashore, including mineral and natural
resources. It is at the top portion of the submarine area.

The subsoil is everything beneath the surface soil and the seabed including mineral and natural
resources.

Insural shelves are the submerged portions of a continent or offshore island, which slope gently
seaward from the low waterline to a point where a substantial break in grade occurs, at which

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point the bottom slopes seaward at a considerable increase in slope until the great ocean
depths are reached; and

Other submarine areas refers to those which are under the territorial sea. They are otherwise
referred to as seamount, trough, trench, deep, bank, shoal, and reef.

The contiguous zone is a band of water extending from the outer edge of the territorial sea to
up to 24 nautical miles (44 km; 28 mi) from the baseline, within which a state can exert limited
control for the purpose of preventing or punishing "infringement of its customs, fiscal,
immigration or sanitary laws and regulations within its territory or territorial sea". This will
typically be 12 nautical miles (22 km; 14 mi) wide, but could be more (if a state has chosen to
claim a territorial sea of less than 12 nautical miles), or less, if it would otherwise overlap
another state's contiguous zone. However, unlike the territorial sea there is no standard rule for
resolving such conflicts, and the states in question must negotiate their own compromise.

An exclusive economic zone (EEZ) extends from the outer limit of the territorial sea to a
maximum of 200 nautical miles (370.4 km) from the territorial sea baseline, thus it includes the
contiguous zone. A coastal nation has control of all economic resources within its exclusive
economic zone, including fishing, mining, oil exploration, and any pollution of those resources.
However, it cannot prohibit passage or loitering above, on, or under the surface of the sea that
is in compliance with the laws and regulations adopted by the coastal State in accordance with
the provisions of the UN Convention, within that portion of its exclusive economic zone beyond
its territorial sea. Before 1982, coastal nations arbitrarily extended their territorial waters in an
effort to control activities which are now regulated by the exclusive economic zone, such as
offshore oil exploration or fishing rights. Indeed, the exclusive economic zone is still popularly,
though erroneously, called a coastal nation's territorial waters.

Extended Continental Shelf or (ECS): the outer limits of a coastal state’s continental shelf
beyond 200 NM; not exceeding 150 NM measured from the outer limit of the EEZ, or if there is
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a drop to a 2,500 meter isobath before the 150 NM limit, the ECS shall not exceed 100 NM from
such 2,500 meter isobath; living resources belong to all mankind, while non-living resources and
sedentary species belong to the adjacent coastal state. The ECS is a geomorphological concept
starting from the outer limit of the EEZ at 200 NM from the baselines.

High seas: beyond the EEZ; living resources belong to all mankind; in the ECS, non-living
resources and sedentary species belong to the adjacent coastal state. “The high seas are open
to all states, whether coastal or land- locked. Freedom of the high seas ... comprises, inter
alia, ... freedom of fishing”

THE PHILIPPINES AND THE ARCHIPELAGIC DOCTRINE

Archipelago is defined as a sea or part of a sea studded with islands, often synonymous with
island groups, or as a large group of islands in an extensive body of water, such as sea. (De
Leon, 1991)

In various conferences of the United Nations on the Law of the Sea, the Philippines and other
archipelago states proposed that an archipelagic state composed of groups of islands forming a
state is a single unit, with the islands and the waters within the baselines as internal waters.By
this concept (archipelagic doctrine), an archipelago shall be regarded as a single unit, so that
the waters around, between, and connecting the islands of the archipelago, irrespective of their
breadth and dimensions, form part of the internal waters of the state, subject to its exclusive
sovereignty.

Despite the opposition of maritime powers, the Philippines and four other states (Indonesia,
Papua New Guinea, Fiji and Bahamas) got the approval in the UN Convention on the Law of the
Sea held in Jamaica last December 10, 1982. They were qualified as archipelagic states. The
archipelagic doctrine is now incorporated in Chapter IV of the said convention. It legalizes the
unity of land, water and people into a single entity.

The Philippines bolstered the archipelagic principle in defining its territory when it included in
Article 1 of the 1987 Constitution the following:

"The national territory comprises the Philippine Archipelago, with all the islands and waters
embraced therein  xxx"; and

"The waters around, between and connecting the islands of the archipelago, regardless of their
dimensions, form part of the internal waters of the Philippines."

On the strength of these assertions, the Philippines Archipelago is considered as one integrated
unit instead of being divided into more than seven thousand islands. The outermost of our
archipelago are connected with straight baselines and all waters inside the baselines are
considered as internal waters. This makes the large bodies of waters connecting the islands of

15
the archipelago like Mindanao Sea, Sulo Sea and the Sibuyan Sea part of the Philippines as its
internal waters, similar to the rivers and lakes found within the islands themselves.

The archipelagic principle however is subject to the following limitations:

a) respect for the right of the ship and other states to pass through the territorial as well
as archipelagic waters

b) respect to right of innocent passage

c) respect for passage through archipelagic sea lanes subject to the promulgation by
local authorities of pertinent rules and regulations.

C. GOVERNMENT

Government is the institution or aggregate of institutions by which an independent society

makes and carries out those rules of action which are necessary to enable men to live in a social
state, or which are imposed upon the people forming that society by those who possess the
power or authority of prescribing them. (Bernas, 2007). Simply, it refers to the agency through
which the will of the state is formulated, expressed and implemented.

Government is different from

administration although these two
terms are often used interchangeably.
Government refers to the institution
while administration is the body of men
running the government.

There is no particular form prescribed

to the State, provided only that the
government is able to represent the
State in its dealings with other states.
The mandate of the government is to
always protect the welfare of the
people.

Government vs Governance

Government and governance are two very similar words. People often get confused about the
differences between “governance” and “government.” Here we are going to discuss the
differences between these two related words.

Government

Government is a group of people who rule or run the administration of a country. In other words,
it may be said that a government is the body of representatives that governs and controls the

16
state at a given time. Government is the medium through which the power of the state is
employed.

Government may be of different types. It may be a democracy or autocracy, but most of the
modern governments are democratic. Here we are taking into consideration the democratic
ones in relation with the government. A democratic government may be defined as that which
has the public mandate to run the affairs of the country with a well-defined term after which in
the successive term the same people may be elected again. The government may be labeled as
good or bad according to their ways of working for the good of the people. If a government
provides capable governance, then it has a chance of coming back into power again.

Governance - Is the exercise of power/ authority by political leader for the well-being at their
country’s citizens or subject.

- Refers to the manner of steering/ governing and or directing and controlling a group of
people/ the state.

Government as an element of the state is the agency or

aggregate of institutions that formulates, expresses and
realizes the will of the state. In a comprehensive note, the
government embraces all the political institutions existing
in the state, from the highest governmental agency to the
lowest administrative bodies. The Philippine Government
for example, encompasses all its agencies, from the Office
of the President down to its smallest political agency - the
barangays.

Purpose and necessity

Government is created for the benefit of the people governed. It performs services or functions
that are beyond the capabilities of any individual or enterprise. The chief purposes of
government are: the maintenance of peace and order, the protection of persons and property,
the administration of justice, the promotion of education, the preservation of the state from
external danger, and the advancement of the physical, economic and social and cultural well-
being of the people. (De Leon, 1991)

The organized structure of the government enables the state to smoothly administer its affairs.
Without government, chaos and disorder will prevail.

4 Meanings of “Government”:

 The process of governing.

 A condition of ordered rule.

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  The people who govern.
 The mode of governance.

Process = “Governance”
Condition = The state of affairs wherein governance can be found.
People = Executive, Legislature, Bureaucrats, etc.
Mode = Systems of government: American government, the British system, government in the
Philippines, etc. (It’s somewhat more specific)

FUNCTIONS OF GOVERNMENT

There are two functions of government: constituent and ministrant.

Constituent functions are those which constitute the very

bonds of society and are compulsory in nature. Examples
are keeping of order and providing for the protection of
persons and property; the fixing of the legal relations
between man and wife, and between parents and child; the
regulation of property and the determination of contract
rights; the definition and punishment of crime, the
administration of justice, the determination of political
duties, privileges, and relations of citizens, dealings of the state with foreign powers, the
preservation of the state from external danger and the advancement of international interest.

Ministrant functions are those that are undertaken only by way of advancing the general
interests of society and are merely optional. Examples are public works, public education,
public charity, health and safety regulations and regulations of trade and industry.

ARISTOTLE'S FORMS OF GOVERNMENT

Aristotle, a Greek philosopher and student of Plato, classified

government into three. They are:

1. government based on rule by the one,

2. government based on rule by the few, and
3. government based on rule by the many.

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Government based on rule by the one. 
Monarchy (or royalty) is a form of government in which only a
single ruler governs. The monarch rules for the benefit of the
people. His concern is for good law, order and social justice.

The perverse form of monarchy is called tyranny. He rules for his

own benefits and ego, accumulates wealth and satisfies his lust for
power. Such a ruler is not legitimate and the people has the right and the duty to remove him
in power.

Government based on rule by the few.

Aristocracy is a form of government where only quite a
few people participates in governance. The number
ranges from ten to twenty, and they are considered the
wisest, the most just and the most honest people in the
state. They are more contemplative and careful in their
actions. Together, they make governmental decisions.
The perverse form of aristocracy is oligarchy where the few people, again perhaps ten to
twenty, collectively take over the power of government not for the welfare of the people, but
rather for their own material and vainglory. This form of government is more difficult to be
overthrown as compared with tyranny.

Government based on rule by the many.

The best form of government but probably the most difficult to achieve is polity. A polity occurs
when all relevant citizens of the state participate in the decision making through open
discussion, compromise, and conciliation. Of
course, this is only possible in the small city-
states that Aristotle knew so well. Again, the
characteristics of this government are just, the
highest form of wisdom is compromise and
conciliation, and government that generally
works for the benefit of all.

The perverse form of polity was labeled as

democracy. Democracy is a form of
government where people would go into the chambers of government not to do social justice
but rather seek for their own ends. No one is willing to compromise in order to achieve
solutions to problems. This causes a breakdown in the process of government and eventually a
collapse of government.

Over the years, the Aristotle's polity became synonymous with representative government or
democracy and his perverse form of polity was renamed as mob rule or anarchy.

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FORMS OF GOVERNMENT

As to extent of powers exercised by the central or national government

a. Unitary Government – the control of national and local affairs is exercised by the
central or national government
b. Federal Government – the powers of government are divided between two sets of
organs, one for national affairs and the other for local affairs

Forms of Government as to the relationship between the executive and the legislative
branches of government:

a. Parliamentary – the state confers upon the legislature the power to terminate the
tenure of office of the real executive

b. Presidential – the state makes the executive constituionally independent of the

legislative

parliamentary
 fusion between executive and legislative branches of government
 the legislature selects the executive
presidential
 characterized by separation of powers
 directly elected executive

Other forms:
Civil government - the affairs of the state are administered and directed by the citizens or their
representatives

Military government - established and administered by a  belligerent in the territory of an

enemy occupied by him

Constitutional government - the powers of those who rule are defined and limited by
the constitution

Despotic government -  the powers of those who rule are vague and may seem limitless
because it is not defined nor limited by the constitution

Elective government - the state confers powers upon a person or organization chosen by

qualified voters and the holding of powers is for a limited term and under certain conditions

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Hereditary government - the state confers the powers of government upon a person or
organization standing in a certain family relations to his or their immediate predecessors

Coordinate government -  the powers of the government is distributed among separate

departments equally independent of but coordinate with each other

Consolidated government - the state confides all governmental powers to a single body

De jure government - established according to the constitution of the state and has the general
support of the people

De facto government - established against existing constitution of the state and is maintained

against the rightful and lawful government

Revolutionary government - installed, whether by force or otherwise, not in accordance with

the procedure prescribed in an existing constitution

The Philippines is a representative, unitary, presidential, civil, constitutional, elective,

coordinate, and de jure government. In a way, it also exercises direct or pure democracy
because of the constitutional provision on initiative and referendum.

Plenary Powers of Government

 police power
 the power to establish and enforce laws
 eminent domain
 the power to appropriate property for public use
 taxation
 the power to collect revenue from citizens

GOVERNMENT VS ADMINISTRATION

Government is distinct from administration. Government is the agency which formulates,

expresses and realizes the will of the people. On the other hand, administration is composed of
group of persons in whose hands the reins of government are for the time being. It is the
administration that runs the affairs of the government for a given period of time, after which
another administration may be called upon by the people to serve them. That is why we say
that administration changes but the government does not.

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DE FACTO AND DE JURE GOVERNMENTS

A de jure government (government of law) is an organized government of a state which has the
general support of the people.

A de facto government (government of fact) is a government which actually exercises power or

control but without legal title.

There are three kinds of de facto government:

1. the government that gets possession and control of, or usurps by force or by the voice
of the majority, the rightful legal government and maintains itself against the will of the
latter;
2. that established as an independent government by the inhabitants of a country who rise
in insurrection against the parent state; and
3. that which is established and maintained by military forces who invade and occupy a
territory of the enemy in the course of war, and which is denominated as a government
of paramount force.

The Second Republic of the Philippines was a de facto government of

paramount force, having been established by the Japanese belligerents.
On the other hand, in a decision rendered by the Supreme Court it
declared that the government under Corazon Aquino was a de jure
government as the people have already accepted it and the community
of nations have recognized its legitimacy.

Importance of Studying Governance

Governance, the people, most especially the citizens, will be aware of the need for good
governance. Consequently, such awareness should move them to action. For their continued
empowerment and sustainable development, they have to know how to fight for their rights by
knowing what to expect from Philippine governance.

PROCESSES AND ACTORS IN GOVERNANCE

• Decision-Making and Implementation - decision-making refers the process by which a

person or group of persons, guided by socio-political structures, arrive at a decision
involving their individual and communal needs and wants. Implementation is the process
that logically follows the decision.
• Actors and Structures - An actor is a sector or group or institution that participates in the
process of decision-making and implementation. A structure refers to an organization or
mechanism that formally or informally guides the decision-making process and sets into
motion the different actors and apparatuses in the implementation process.

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 • Informal Actors and Bad Governance - Their influence is felt more clearly in local
governments, such as organized crime syndicates and powerful families, and in rural
and urban areas. Most often than not, these actors are the cause of corruption, in that
legitimate government objectives are distorted by their illegal and private interests.
Worse, they manipulate government officials and agencies, and cause widespread yet
organized violence in the community. In urban and rural areas, for example, the rich and
powerful families control the economy by controlling the local government officials. They
bring about a controlled environment so that decisions must always favor them.

INDICATORS GOOD GOVERNANCE

1. Participation - active involvement of all affected and i nterested parties in the decision-
making process. Participation is one of the strengths of Philippine governance. The 1987
Philippine Constitution is replete of provisions dealing with relational and inter-sectoral
governance. The Local Government Act of 1989 was borne out of the need for decentralization
in Philippine governance. As such, these and other related legislations may be considered as
normative standards for good governance.

2. Rule of Law - Democracy is essentially the rule of law. - Rule of law demands that the
people and the civil society render habitual obedience to the law. It also demands that the
government acts within the limits of the powers and functions prescribed by the law. The
Philippines does not fare well in this aspect of good governance. In spite of being one of the
oldest democracies in the region, the Philippines ranked as last among seven indexed Asian
countries according to the World Justice Project Rule of Law Index. Generally, the reasons for
ranking last are “lack of respect for law,” “pervasive and systemic corruption in the government,”
and “circumvention of the law.” Lack of respect for law is generally caused by distrust on the
integrity of law enforcement agencies. Order and security are compromised and criminal justice
is rendered ineffectual.

3. Effectiveness and Efficiency - actors

meet the needs of the society means that there
is effective governance. That the valuable
resources are utilized, without wasting or
underutilizing any of them, means that there is
efficient governance. - enhancement and
standardization of the quality of public service
delivery consistent with international standards,
professionalization of bureaucracy. Efforts were made to attain effectiveness and efficiency in
Philippine governance. The Anti-Red Tape Act of 2007 (ARTA), for instance, was passed to
require the setting up of Citizen’s Charter for a simplified procedure and to facilitate
governmental transactions. Also, many government departments and agencies pursued a
rationalization program to check excessive and redundant staffing.

4. Transparency - Transparency, as an indicator of good governance, means that people

are open to information regarding decision-making process and the implementation of the same.
In legal terms, it means that information on matters of public concern are made available to the

23
citizens or those who will be directly affected. - It also means that transactions involving public
interests must be fully disclosed and made accessible to the people. Efforts were made in
pursuit of transparency in Philippine governance. As far as the government sector is concerned,
the current administration, consistent with its drive of curbing corruption, promotes honesty and
integrity in public service. It is currently pursuing the passage of the Freedom of Information Bill
and other related legislations, as well as intensifying people’s engagement in local governance.
Transparency in budget and disbursements are, however, still far from being substantially
implemented.

5. Responsiveness - means that institutions and processes serve all stakeholders in a

timely and appropriate manner. It also means that actors and structures of governance easily
give genuine expression to the will or desire of the people. Some of the important efforts made
to attain responsive governance in the Philippines are decentralization, creation of citizen’s
charter in all frontline agencies (as required by ARTA or  Republic Act No. 9485 which is the
Anti-Red Tape Act of 2007), and gender sensitivity programs. First, through decentralization,
local governments, which are more proximate to their constituents, serve more promptly the
people, who in turn become more involved in decision-making. Second, every government
agency now has it Citizen’s Charter, which provides timeframes for every step in attaining
frontline services. Agencies now must also respond to written queries sent by the stakeholders
or interested parties within a period of ten days, otherwise there will be delayed service.
However, this aspect of governance still remains to be one of the causes for the decline of
public’s confidence in the public sector. Although the ARTA has been passed, there is still so
much delay in public service delivery. The failure of the government agencies to explain the
charters to the stakeholders is one of the main reasons why there is still delay.

6. Equity and Inclusiveness - Equity and inclusiveness means that all the members of
the society, especially the most vulnerable ones or the grassroots level, must be taken into
consideration in policy-making. - Social equity refers to a kind of justice that gives more
opportunity to the less fortunate members of the society. The Philippine Government has done
extensive efforts in promoting equity and inclusiveness. The Constitution makes it as one of its
state policies the promotion of social justice. Pursuant to this, the Congress has enacted social
legislations like the Comprehensive Agrarian Reform Law which aims at freeing the farmer
tenants from the bondage of the soil. Also, representation in the Congress, under the party list
system, is constitutionally mandated to have sectoral representation of the underprivileged.
Gender and Development programs are in the process of being integrated with the various
structures and institutions in the country. But legislation is one thing; implementation is another.
It is in the faithful implementation of these laws that the country failed. Inequality is especially
felt in the justice system, electoral system, and even in the bureaucracy itself.

7. Consensus Oriented - Governance is consensus oriented when decisions are made

after taking into consideration the different viewpoints of the actors of the society. Among the
things done by the Philippines in promoting a consensus oriented governance are: (1) creation
of a wide-based of representation in the Congress; (2) a two-tiered legislature or bicameralism
which subjects legislation to the evaluation of national and district legislators; and (3) necessity
of public hearings or consultations of various governmental policies and actions.

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 8. Accountability - Accountability means answerability or responsibility for one’s action. It
is based on the principle that every person or group is responsible for their actions most
especially when their acts affect public interest. - Accountability comes in various forms:
political, hierarchical, and managerial accountability. Political accountability refers to the
accountability of public officials to the people they represent. Hierarchical accountability refers to
the ordered accountability of the various agencies and their respective officers and personnel in
relation to their program objectives. Managerial accountability refers to employee accountability
based on organization and individual performance.

The Philippines in the recent years had endeavored to comply with the requirements of
accountability. It had put in action the concept of political accountability as it held answerable
erring public officials involved in graft and corruption and for acts contrary to the mandate of the
constitution. It had also strengthened parliamentary scrutiny through legislative investigations
and creation of special committees exercising oversight functions. The Office of the
Ombudsman, considered as the public watchdog, has become ever so active in investigating
and prosecuting graft and plunders cases. Citizen’s Charter, as required by ARTA, was also an
important tool in promoting professional public service values. In this area, Philippine
governance has done relatively well.

CURRENT STATE GOVERNANCE PHILIPPINES

The Philippines is plagued by bad governance. Based on the six dimensions of

governance in the Worldwide Governance Indicators (WGI), it ranks in the lower half of the
percentile. In 2010-2011, the Philippines ranked only 85th in the Global Competitive Index
(GCI), lagging behind most of its Southeast Asian neighbors. The decline of trust on the actors
of governance and the consequential poor economic condition were brought about by the
systemic corruption among and between public officials and private organizations. In 2013, it
ranked 94th among 177 countries in the Corruption Perception Index. Among the key
institutions in the Philippines perceived to be most corrupt based on the Global Corruption Index
are “political parties,” “judiciary,” “police,” “public officials and civil servants,” and “legislature.”
This means all branches of the Philippine government are now challenged.

D. SOVEREIGNTY
Sovereignty is referred to as the supreme, absolute and
uncontrollable power by which any state is governed. It
has two manifestations: a) internal, which is the power
of the State to rule within its territory; and b) external,
which is the freedom of the S tate to carry out its
activities without subjection to or control by other
States. This is often called as independence.

CHARACTERISTICS OF SOVEREIGNTY

25
Sovereignty is permanent, exclusive, comprehensive, inalienable, absolute and unified.

Permanence - So long as the state itself exists, sovereignty continues without interruption.

Exclusive - There can be but one supreme power in the state. Within the state, there is no other
power that possesses equal or superior authority to it.

Comprehensiveness - Sovereign power extends over all persons, associations, and things within
such territorial limits except those over which the state has voluntarily consented to waive the
exercise of its jurisdiction.

Inalienability - An attribute of the state by virtue of which it cedes away any of its essential
elements without self-destruction.

Absolutism - Sovereignty is a primary power. It does not derive its power from anything, There
is no other body that determines the nature and the extent of the power as a matter of legal
right.

Unity - Sovereignty cannot be divided without producing several wills of the people, which is
inconsistent with the notiion of sovereignty.

ACQUISITION OF SOVEREIGNTY

It is given that sovereignty is inherent in a state. Thus, the existence of a state presupposes the
existence of sovereignty.

Dependent states do not have sovereignty. They acquire sovereignty as soon as it withdraws
itself from the sovereignty of the mother state. If it chooses to withdraw not upon the
declaration by the mother state of its independence, sovereignty arises from the moment of
such withdrawal. (Aruego, 1981). The existence of its sovereignty is founded upon the fact that
it no longer recognizes allegiance or renders obedience to the old sovereignty, and not upon
the fact that the old sovereignty has by a treaty or other form of declaration indicated that it no
longer claims its allegiance. If a dependency chooses to revolt against the mother country and
succeeds in the revolution, its sovereignty arises not from the time of its success, but from the
time of the declaration of its independence.

Sovereignty cannot be acquired as a gift or grant of State. According to Willoughby, sovereignty

cannot create another sovereignty because "legal authority cannot, by its own will or act,
create another legal authority legally superior or even equal to itself." Therefore, the Treaty of
Paris signed in 1930 contained recognition of independence of the Philippines not a grant of its
sovereignty.

LOCATION OF SOVEREIGNTY

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Where does sovereignty reside?
If we are to qualify, legal sovereignty resides in the
lawmaking body of a state. The legislative body (Congress or
Parliament) can pass a law without restraints whatsover
except those of a physical or moral character.

But of course, at the back of this power is the power of the people or the political sovereign.
This political sovereign can depose a King or a President or bring the Parliament down. In a
democratic country, political sovereign may be understood to be the electorate or ultimately
the whole mass of population. The real political sovereign is in all states the people, whether
they actually control public affairs, whether they deliberately turn over these affairs to a ruling
class, or whether they are voluntarily or involuntarily submit to the domination of a despot.
(Aruego, 1981)

Therefore, political sovereignty resides in the people; but the legal sovereignty is in the hands
of the lawmaking body. Section 1, Article II of the 1987 Philippine Constitution states that "xxx.
Sovereignty resides in the people and all government authority emanates from them."

With this principle, the Filipino people have the right to constitute their own government, to
change it, to form a new government and to organize it in a way that they deemed best.
Government functionaries is not therefore the repository of sovereignty, rather they were
delegated by the people to exercise sovereignty.

ACT OF STATE

An act of state is an act done by the state in its exercise of sovereign power through its
government or its delegate subject to the limits of the power vested in him. An act of state
cannot be questioned or made the subject of legal proceedings in a court of law.

Example of an act of state is the act of recognizing a newly-established foreign state or

government.

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 IDEOLOGY

An ideology is a set of ideas that constitutes one's

goals, expectations, and actions. An ideology can be thought of
as a comprehensive vision, as a way of looking at things
(compare worldview), as in common sense and several
philosophical tendencies, or a set of ideas proposed by the
dominant class of a society to all members of this society (a
"received consciousness" or product of socialization). The main
purpose behind an ideology is to offer either change in society,
or adherence to a set of ideals where conformity already exists, through a normative thought
process. Ideologies are systems of abstract thought applied to public matters and thus make
this concept central to politics. Implicitly every political or economic tendency entails an
ideology whether or not it is propounded as an explicit system of thought. It is how society sees
things.

Ideology then is:

 Value or belief system accepted as fact or truth by some (large) group
 Mixture of factual and moral beliefs
 Somewhat simplified, yet organized and logical

Example 1: Conservatism
 Rooted in the belief that man is imperfect and unperfectable.
 Strong emphasis on the preservation of traditions and institutions.
 Considers freedom in the positive sense
 Places high value on stability, order, and conformity.
 Views society as preceding the individual.

On Conservatism:

Traditions and institutions are useful to conservatives because they see these as reflecting “the
accumulated wisdom of the past.” In other words, the reason that institutions or traditions
endure is because they work. Hence, if you’ve ever found yourself saying “It’s tradition, and
who are we to question tradition?” chances are you’re a conservative.

Conservatives generally view society as having come about because of social forces that are
inevitable and that must be respected. Hence the view that society precedes the individual and
the strong emphasis on stability, order and conformity.

When we speak of freedom in the positive sense, what we mean is that it is considered in terms
of duties and rights that tie us to other members in society. When we speak of positive

28
freedoms we talking about freedoms that allow us to do things; thus from this sort of
perspective freedom is an instrument for us to carry out our duties towards others. (By
contrast, freedoms taken negatively tell us what we cannot do.)

Example 2: Liberalism
 Based on the fundamental belief in individual freedom.
 Highly individualistic in orientation.
 Emphasizes equality of opportunity.
 Social contract.
 High regard for pluralism and diversity (complementarity rather than conflict)

On Liberalism:

Liberals consider human beings to be naturally free. Hence the emphasis on individual freedom
and the individualistic orientation of liberalism on the whole. However, it is important to stress
that liberals consider freedom in a very qualified way; that is, with freedom comes
accompanying responsibility. In the absence of responsibility freedom becomes license, which
necessarily abrogates freedom. Keep in mind that the simplest liberal tenet is that “one
person’s freedom ends where another’s begins.”

Liberals emphasize equality of opportunity precisely because they see men as having the same
nature, thus entitled to the same freedoms.

The liberal worldview considers society as having arisen because of voluntary associations
between free individuals. Hence, liberals run along the same vein social contract theorists.
Also, this helps us understand why liberals are more open to change especially where tradition
and institutions are concerned (i.e. people elect to support a new institution or abandon an old
tradition).

Example 3: Socialism

 Rooted in the belief that man is conditioned by social forces.

 Maintains that the natural relationship between people is cooperation.
 Places high regard for social equality.
 Strong focus on what man can become.

On Socialism:

If man is a social animal, then he must be conditioned by his immediate social environment. Or
so socialists claim.

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The fundamental characteristic of socialism lies in its belief that individuals can overcome social
forces by cooperating with one another. Hence the emphasis on what man can become rather
than what he is (which in itself is a function of social forces – differences are socially produced).
More, social equality is a necessary precondition for men to fully achieve their potential. It is in
this context that Marx’s maxim “to each according to his abilities, for each according to his
means” may be best understood.

Also, it is interesting to consider that Marxism can probably be considered nothing more than
an expression of the economic socialism.

PHILIPPINE POLITICAL SYSTEM AND GOVERNMENT

The Republic of the Philippines is a constitutional democracy, with the President as head of
state. The president and vice president are elected by the people for six-year terms. The
national government has three coequal branches that exercise a system of checks and balances:
executive, legislative, and judicial.

The Philippine Constitution is the fundamental basis of the laws of the land. The country has
had several Constitutions, but the current one was adopted through a nationwide plebiscite in
1987. It is supported by other laws, such as the Civil Code, the Labor Code, the Omnibus
Investments Code, and the National Internal Revenue Code, as well as by rules and regulations
passed by government bodies. The latter include rulings, letters of instruction, circulars,
memoranda, administrative orders, judicial orders, and pronouncements, as well as laws
adopted by local government within the scope of the Constitution.

Early Filipinos System of Government

The society during our ancestors' period had two kinds of government: the Barangay and the
Sultanate Government. A datu or raja was the leader of a barangay. He could make laws and
implemented them so that peace and order would prevail in their community. The members of
his community helped and participated in the realization of the projects in the barangay. There
were two kinds of barangay laws: written and oral. The Sultanate Government was formed
because of the presence of the Islam Religion in the Philippines. This was headed by a sultan.
Aside from maintaining peace and order, it was the sultan's responsibility to let the Islam
religion and Muslim tradition remain in the lives of his constituents. The laws of the sultanate
government did not change because it was based on the Koran which is the Muslim Bible and
the Sunnah which are Mohammed's traditions.

The Early Oral and Written Laws

The Maragtas Code which was written by Datu Sumaktel of Panay in 1250 in an example of a
written law. This is the first law ever written which focuses on the penalty for those who are
lazy. The code of Kalantiaw is another law written by Datu Kalantiaw in 1433. This code speaks

30
of death penalty, exposure to ant bites for those who have been proen to be murderers,
theives abd those who marry women who are under age and those who would rebel against
elders.

Islam Influence on the Political System

Islam has a great influence on the political system of the natives in the Southern Philippines.
The sultan of the Muslim community is still the sultan of Muslim provinces. The effect of Islam
religion and their interaction with the people behind it, the Muslims have acquired a better
perception of their religion and the laws. The political organizations and their livelihood
progressed. Because of this, they were not easily swayed by colonizers.

System of Government in the Spanish Period

Spain introduced the Centralized form of government. It was divided into two units: the Central
government and the Local government. The King entrusted the colony to the governor-general,
who had the highest position in the government. The Royal Audiencia was the Supreme Court
of the Philippines. The Residencia and the Visitador were the special courts that investigated on
the conduct of the governor-general and other high-ranking Spanish officials. The Local
Government was responsible for the following: the provinces, cities, towns and barrios. The
provinces were divided into two: the alcaldia which recognized Spain's possession over the land
and the corregimiento where the people had not succumbed to its ruling power. Ayuntamiento
or the city government was the center of the society, religion, culture and business. The pueblo
was governed by the gobernadorcillo, the highest position for Filipino politicians. The Cabeza de
Barangay governed the barrios.

It was based on the “discovery” made by Ferdinand Magellan in 1521, consummated by its
conquest by Miguel Lopez de Legazpi forty-five years later and long possession for almost four
centuries, until it was terminated in 1898, when by the Treaty of Paris, the Philippines was
ceded by the Spain to the United States.

Spanish colonial government. From 1565 to n1821, the Philippines was indirectly governed by
the King of Spain through Mexico. From 1821 when Mexico obtained her independence from
Spain, to 1898, the Philippines was ruled directly from Spain. The council in Spain responsible
for the administration of the Philippines was the Council of the Indies. In 1837, it was abolished
and legislation for the Philippines was temporarily performed by the Council of Ministers, from
1863, the Ministry of Ultramar (colonies) exercised general powers of supervision over
Philippine affairs.

Three times during the Spanish period (1810-1813, 1820-1823, and 1836-1837), the Philippines
was given representation in the Spanish Cortes, the legislative body of Spain. A basic principle
introduced by Spain to the Philippines was the union of the church and the state.

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Government in the Philippines Unitary. The government which Spain established in the
Philippines was centralized in structure and national in scope. The barangays were consolidated
into towns (pueblos) each headed by a goberrnadorcillo (little governor), popularly called
capitan, and the towns into provinces, each headed by a governor represented the Governor
General in the province.

Cities governed under special characters were also created. Each of these cities had an
ayuntamiento or cabildo (city council). Cebu was the first city to be established in 1565 in the
Philippines. The second was Manila, in 1571.

1. The Governor-General - The powers of the government were actually exercised by the
Governor-General who resided in Manila. He was “Governor-General” “Captain
General,” and “vice-royal patron.” As Governor-General, he had executive,
administrative, legislative, and judicial powers. As Captain-General, he was Commander-
in-chief of all the Armed Forces in the Philippines. As the vice-royal patron, he exercised
certain religious powers. Because of these broad powers, it has been said that the
Governor General enjoyed more powers than the King of Spain himself. This was
justified, however, because of the distance of the Philippines from Spain.

The first Spanish Governor-General in the Philippines was Miguel Lopez de Legazpi
(1565-1571) and the last was Gen. Diego de los Rios (1898).

2. The Judiciary- The Royal Audencia which was established in 1583 was the Supreme
Court of the Philippines during the Spanish times. Its decision was final except on certain
cases of great importance which could be appealed to the King of Spain. It also
performed functions of executive and legislative nature.

Below The Royal Audencia, were two Territorial Audencias established in 1893- one in Cebu
and the other in Vigan - which exercised appellate jurisdiction over criminal cases coming from
the surrounding territory. In 1886, courts of first instance with both civil and criminal
jurisdiction were established in the provinces. At the bottom of the judicial system were the
justice of the peace courts which were established in the different towns in 1885.

In addition, there were special courts, like the military and naval courts which had
jurisdiction over military offenses, and the ecclesiastical courts which had cognizance of
canonical matters and ecclesiastical offenses. Treasury and commercial courts were also
created but were later abolished.

Frailocracia

During the Spanish regime, there was union of church and state. The governor-general had
power over the church. The friars, on the other hand, played a very important role in the
government.

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The governor-general being the most powerful in the Philippines, had the power to take the law
into his hands. He was more powerful than the archbishop. The Archbishop was only the most
powerful in the church. However, it seemed that the church exercised more power than the
government and because of this, the government in the Philippines was called "Frailocracia," a
government controlled by the friars.

Revolutionary Era

The Katipunan Government. The Katipunan was the secret society that precipitated our glorious
revolution on August 26, 1896. It was organized by Andres Bonifacio, who, together with a
group of Filipino patriots, signed the covenant of the Katipunan with their own blood on July 7,
1892. The central government of the Katipunan was vested in a Supreme Council
(Kataastaasang Sanggunian). In each province there was a Provincial Council (Sangguniang
Balangay) and in each town, a Popular Council (Sangguniang Bayan). The judicial power was
exercised by a Judicial Council (Sanggunian gHukuman).

The Katipunan was the first clear break from Spanish rule with the ultimate goal to establish a
free and sovereign Philippines. It was replaced by another government whose officials headed
by Gen. Emilio Aguinaldo as President, were elected in the Tejeros Convention held on March
22, 1897.

The Biak-na-Bato Republic. On November 1, 1897, a republic was established by Gen.

Aguinaldo in Biak-naBato (now San Miguel de Mayumo, Bulacan). It had a constitution which
was to take effect for two years only. It declared that the aim of the revolutions was the
“separation of the Philippines from the Spanish monarchy and their formation into an
independent state.” The Biak-na-Bato Republic lasted up to December 15, 1897, with the
conclusion of the “Pack of Biak-na-Bato.”

The Dictatorial Government. Following the outbreak of the Spanish-American war on April 25,
1898, Gen. Aguinaldo, in view of the chaotic conditions in the country, established the
Dictatorial Government on May 23, 1898. The most important achievements of the Dictatorial
Government were the Proclamation of Philippine Independence at Kawit, Cavite on June 12,
1898 and the reorganization of local governments.

The Revolutionary Government. On June 29, 1898, Gen. Aguinaldo established the
Revolutionary Government replacing the Dictatorial Government with himself as President and
a Congress whose function was advisory and ministerial. The decree making such change stated
that the new governments were “to struggle for the independence of the Philippines, until all
nations including Spain will expressly recognize it,” and “to prepare the country for the
establishment of a real Republic.”

33
The First Philippine Republic. On September 15, 1898, revolutionary Congress of Filipino
representatives met in Malolos, Bulacan at the call of the Revolutionary Government. The
Malolos Congress ratified on September 29, 1898 the proclamation of Philippine independence
made by Gen. Emilio Aguinaldo in Kawit, Cavite on June 12, 1898 and framed the so-called
Malolos Constitution. This Constitution was the first democratic constitution ever promulgated
in the whole of Asia. It established a “free and independent Philippine Republic” which was
inaugurated on January 23, 1899 with Gen. Aguinaldo as President.

Our First Philippine Republic was not recognized by the family of nations. It was
nevertheless an organized government because it actually existed and its authority was
accepted by the people. It existed from January 23, 1899 to March 23, 1901.

In February, 1899, the United States annexed the Philippines as a result of the Spanish-
American war and in April, 1901, Gen. Aguinaldo was captured. Thus, the Republic was short-
lived, its independence cut short by the superior might of a new colonial power. The Malolos
Constitution which provided for the establishment of a Philippine Republic had no opportunity
to operate. However, this in no way diminishes the historical significance of the Philippine
Revolution of 1896. It was the first war of independence fought by Asians against foreign
domination and it gave birth to the first constitutional democracy in Asia and the West Pacific.

System of Government in the American Period

The Filipinos who continued their protest against the reign of the Americans were called
"irreconcilables". The Brigandage Act intended to divide the support of the people against
those who fight the Americans. The Sedition Law prohibited any persuasion in achieving
independence be it through peaceful or violent means. The Flag Law, prohibited the public
display of anything particularly the Philippine flag and KKK that would serve as reminder of
freedom. The Filipinos acted and took steps towards independence by forming political parties,
writing and painting of nationalistic materials, the staging of plays and by sending
independence missions to the U.S. Congress. The Cooper Law, Jones Law, Hare-Hawes-Cutting
Law, and Tydings-McDuffie Law were laws passed by the U.S. Congress for the independence of
the Philippines. The members of the Philippine Assembly, which is the first law-making ,
committee, consisted of Filipinos. The Tydings-McDuffie Law provided the necessary steps that
the Filipinos should take in order to prepare for the coming independence. Filipino
representatives made the Constitution during the Constitutional Convention. The
Representatives in the Constitutional Convention signed the 1935 Constitution on February 19,
1935. It was approved by U.S. President Franklin Roosevelt on March 23, 1935 and was ratified
by the Filipino people on May 14, 1935. The plebiscite on May 14, 1935 became a very
important event for women because they were allowed to vote for the first time. The
Commonwealth was established under the 1935 Constitution. Manuel Quezon was elected
President of the Commonwealth while Sergio Osmena was elected Vice-President.

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Japanese Government in the Philippines

When Japanese captured Manila, the Japanese High Command established the Philippine
Executive Commission in January 1942. Jose B. Vargas headed the Commission, which was also
known as the Central Government of the Philippines. The commission formed seven
departments each of which had a Filipino secretary and each secretary had a Japanese adviser.
This was to determine the loyalty of their service.

Jose P. Laurel became the president of the 2nd Republic on Oct. 14, 1943 in front of the
Congress building. The people did not accept the second republic because they knew that the
president did not have the power to run the government. This was the reason why the second
republic was called a fake or a Puppet Republic.

The previous Philippine Republics

Under Joint Resolution No. 93, approved by the United States Congress on June
29,1994,the President of the United States was authorized to proclaim the independence of the
Philippines prior to July 4.1946, after the Japanese had been vanquished and constitutional
processes in the country restored. The Republic of the Philippines was formally inaugurated on
July 4, 1946 with Manuel A. Roxas as the first President and Elpidio Quirino as the first Vice-
President. Roxas and Quirino also served from May 28, 1946 as the last Commonwealth
President and Vice-President, respectively.

The 1935 Constitution served as the fundamental law not only for the Commonwealth
Government which was interrupted by the Second World War but also for the Republic of the
Philippines Until the “ratification” of the 1973 Philippine Constitution establishing a
parliamentary form of government, effected by virtue of Proclamation No.1102 of President
Ferdinand E. Marcos on January 19, 1973, after the declaration of martial law on September 21,
1972.

The first Republic was established on January 23, 1899 under the Malolos Constitution;
the Second on October 14, 1943 under the Japanese sponsored Constitution, and the Third, on
July 4 1946 under 1935 Constitution. President Ferdinand E. Marcos, in his inauguration address
on June 30, 1981 proclaimed the birth of the Fourth-Republic under 1973 Constitution which, as
amended in a plebiscite on April 7, 1981, installed a modified parliamentary system of
government thus making him its first President. All in-all, there were nine President in the
previous three-republics, including President Marcos in his two(2) terms in the Third Republics.

The Provisional Government of 1986

Before Corazon Aquino took her oath of office on the morning of February 25, 1986 at
Club Filipino, San Juan Metro Manila, the last day of a four day “people power” revolt (Feb.22-
25) that culminated in the ouster of President Ferdinand E. Marcos, she read Proclamation No.1
wherein she declared that she and her Vice-President were “taking power in the name and by

35
the will of the Filipino People” on the basis of the clear sovereign will of the people expressed in
the election of February 7,1986. In her oath, she swore to preserve and defend the
“fundamentals law”(not the “Constitutions”) and execute “just laws” (instead of its laws).

PHILIPPINE GOVERNMENT UNDER THE FIFTH REPUBLIC

Overview:

In February 1987, the Philippines adopted a new constitution that instituted the presidential-
style republican form of democracy, which resembles the U.S. model much more than the
European parliamentary system. One key difference between the Philippine and U.S. systems is
that the Philippines is a unitary republic, whereas the United States is a federal republic, with
significant powers reserved for the states. In the Philippines, by contrast, the national
government is not challenged by local authority. The ratification of the 1987 constitution—the
fourth in the nation’s history—by national referendum signaled the country’s return to
democracy following the autocratic rule of Fernando Marcos (1965–86). Politics in the
Philippines is somewhat tumultuous. In February 2006, the president declared a state of
emergency after quashing the attempted coup staged by the political opposition.

Executive Branch:

Embracing the concept of separation of powers, the constitution provides for a president, who
is simultaneously head of government and chief of state, a separately elected vice president, a
bicameral legislature, and an independent judiciary. The constitution includes legislative and
judicial limits on the power of the president. The president cannot abolish Congress, and
Congress can override a presidential veto with a two-thirds majority vote. Moreover, the
president needs Congressional support in order to implement policies and programs. The
Supreme Court rules on the constitutionality of presidential decrees.

The president is elected to a single six-year term by direct universal suffrage; the vice president
may be elected to a maximum of two consecutive six-year terms. The vice president may be

36
appointed to the cabinet without legislative confirmation.. The executive functions of the
government are carried out through the Cabinet of Ministers. The cabinet, which in 2010
consisted of heads of 22 departments and offices, is appointed by the president with the
consent of the Commission of Appointments.

Legislative Branch

The bicameral Congress of the Philippines consists of the Senate (upper chamber) and House of
Representatives (lower chamber). Members of the 24-seat Senate are elected at large to six-
year terms and are limited to no more than two consecutive terms. The House is limited by the
constitution to no more than 250 members. In 2005 there were 238 members, of whom 214
(80 percent) were elected for three-year terms from legislative districts apportioned among the
provinces, cities, and the Metropolitan Manila area in accordance with the population, on the
basis of a uniform and progressive ratio. The other 24 members (limited by the constitution to
20 percent of the total) are presidential appointees elected through a party-list system of
registered national, regional, and sectoral parties or organizations. House members are limited
to no more than three consecutive terms. By means of a two-thirds majority vote, Congress can
override presidential vetoes and declare a state of war.

Judicial Branch:

The Philippines has an independent judiciary, with the Supreme Court as the highest court of
appeal. The Supreme Court also is empowered to review the constitutionality of presidential
decrees. The Supreme Court consists of a chief justice and 14 associate justices. It is not
necessary for the entire court to convene in all cases. Justices are appointed by the president
on the recommendation of the Judicial and Bar Council and serve until 70 years of age. Lower-
level courts include a national Court of Appeals divided into 17 divisions, local and regional trial
courts, and an informal local system to settle certain disputes outside the formal court system.
In 1985 a separate court system founded on Islamic law (sharia) was established in the
southern Philippines with jurisdiction over family and contractual relations among Muslims.
Three district magistrates and six circuit judges oversee the Islamic law system. A special court
—the Sandiganbayan or anti-graft court—focuses exclusively on investigating charges of judicial
corruption.

Administrative Divisions:

Administrative divisions consist of regions, provinces, chartered cities, municipalities,

and barangays (villages). Chartered cities are not part of any province and do not elect
provincial officials. The Philippines has 17 regions, 79 provinces, 117 chartered cities, 1,500
municipalities, and 41,975 barangays. Metropolitan Manila, which is regarded as a region,
consists of 14 cities, 3 municipalities, and 1,694 barangays. The Autonomous Region in Muslim
Mindanao was established in 1990 following a plebicite in late 1989.

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Provincial and Local Government: 

Governors and vice governors are elected to head provinces, the largest local administrative
unit. Appointed functionaries responsible for managing offices concerned with finance, tax
collection, audit, public works, agricultural services, health, and schools are subordinate not just
to the governor, but also to national ministries. Because the Philippines is a unitary republic,
local government has less power than it would have in a federal system. In fact, according to
the constitution, the president oversees local government. The single biggest problem for local
government has been inadequate funding. Although local government is permitted to levy
taxes, such taxes are subject to restrictions by Congress, and they have been difficult to collect
in practice. A fragmented four-province Autonomous Region in Muslim Mindanao was formally
established in November 1990 with its own governor and unicameral legislature.

Judicial and Legal System: 

The basis of the legal code is primarily Spanish and Anglo-American law. Islamic law applies
among Muslims in portions of the southern Philippines. According to the constitution, those
accused of crimes have the right to be informed of the charges against them, to be represented
by counsel, and to have a speedy and fair public trial. Defendants also enjoy the presumption of
innocence and have the right to confront witnesses, present evidence, and appeal convictions.
However, the judiciary is said to suffer from corruption and inefficiency, which at times
undermine the provision of due process and equal justice. As a result, the Supreme Court has
undertaken a five-year program to speed up the judicial process and crack down on corruption.

Electoral System: 

The Philippines has universal direct suffrage at age 18 and older to elect the president, vice
president (who runs independently), and most of the seats in the bicameral legislature,
consisting of the House of Representatives and the Senate; a minority of House members
known as sectoral representatives are appointed by the president. Elections are held not just
for national leadership but also for representation at the provincial and local levels.

Politics and Political Parties: 

Personalities are more important than parties in Philippine politics. Movie stars and other
celebrities have enjoyed considerable success. In addition, several prominent families play a
disproportionate role in politics.

Mass Media: 

The Office of the President is responsible for managing the government’s policy toward the
press, but freedom of speech and freedom of the press are enshrined in the 1987 constitution.
Although independent observers credit the government with respecting freedom of the press in
general, the government has been criticized for failing to investigate thoroughly summary

38
killings of journalists and for subjecting journalists to harassment and surveillance. The most
widely read newspapers are the Manila Bulletin, Philippine Star, Philippine Daily Inquirer,Manila
Times, and Business World. In 2004 the country had 225 television stations, 369 AM radio
broadcast stations, 583 FM radio broadcast stations, and 5 shortwave stations. Although some
media outlets, such as IBC (television) and the Philippine Broadcasting Service (radio), are
government-run, most outlets are privately owned. Much media ownership is concentrated in
the hands of prominent families and businesses. Consequently, some reports tend to be one-
sided presentations favoring special interests. The privately owned press also tends toward
sensationalism at times.

Foreign Relations: 

The foreign policy of the Philippines aims to promote democracy and human rights and the
welfare of some 7 million overseas workers. The Philippines maintains close ties to Persian Gulf
and other Middle Eastern nations where many of these workers are employed. In an effort to
expand its relationship with the Islamic world, the Philippines is seeking observer status in the
Organization of the Islamic Conference. The Philippines is an active member of the Association
of Southeast Asian Nations. The Philippines also has participated in a variety of United Nations-
sponsored peacekeeping missions. However, in July 2004, after a Filipino truck driver was taken
hostage in Iraq, the Philippines elected to withdraw troops from that embattled nation in order
to win his release.

The Philippines maintains strong ties to the United States, which designated the nation a major
non-North Atlantic Treaty Organization ally in 2003. Although the United States mildly rebuked
the Philippines for yielding to insurgent demands in Iraq to withdraw its small contingent, the
United States continues to view the Philippines as an important ally in the war on terrorism,
particularly in view of various Islamic insurgencies on the islands of Mindanao and Jolo. The
relationship with the United States was redefined in the early 1990s, when the United States
complied with Philippine demands to vacate various military bases, including the naval base at
Subic Bay. However, the two nations remain close, and in May 2004 the Philippines signed an
agreement with the United States exempting U.S. military personnel in the Philippines from
prosecution before the International Criminal Court.

The Philippines has an improving, but still fragile, relationship with China. As reflected in
President Macapagal-Arroyo’s visit to China in 2001, the Philippines is seeking closer economic
cooperation with China, even as it fears China’s growing economic and military clout. A
territorial dispute over control of the Spratly Islands in the South China Sea is an impediment to
better relations. China also is concerned about the Philippines’ strong ties to the United States,
which it views as a strategic rival in the region.

The Philippines cooperates with the neighboring countries of Indonesia and Malaysia in
combating the regional threat posed by the Islamic terrorist group Jemaah Islamiyah. Relations
with Indonesia improved following the ouster of President Suharto in May 1998 after 32 years
of authoritarian rule. Suharto’s overthrow mirrored Ferdinand Marcos’s overthrow in the

39
Philippines in 1986. The Philippines’ relations with Malaysia are somewhat impaired by a
territorial dispute over the state of Sabah, which is now part of Malaysia.

Japan and the United States are the Philippines’ leading trading partners and sources of direct
investment. Japan is the top source of development assistance. Australia also is a significant
economic and security partner. The Philippines and Singapore share a close economic and
political relationship with the United States, and the two nations have engaged in joint military
training exercises.

Membership in International Organizations: 

The Philippines belongs to the United Nations (UN), the World Trade Organization, and several
key Asian regional organizations, notably the Association of Southeast Asian Nations (ASEAN),
ASEAN’s Regional Forum, the Asian Development Bank, and the Asia Pacific Economic
Cooperation (APEC) forum. In addition, the Philippines is a member of the following
international organizations: Colombo Plan, Customs Cooperation Council, Group of 24, Group of
77, International Chamber of Commerce, International Confederation of Free Trade Unions,
International Criminal Police Organization, International Federation of Red Cross and Red
Crescent Societies, International Hydrographic Organization, International Olympic Committee,
International Organization for Migration, International Organization for Standardization, Non-
Aligned Movement, Organisation for the Prohibition of Chemical Weapons, World
Confederation of Labor, World Federation of Trade Unions, and World Tourism Organization.
The Philippines has applied for observer status in the Organization of the Islamic Conference.

During 2004–5 the Philippines served as a temporary member of the UN Security Council. The
Philippines is a permanent member of the following UN-affiliated organizations: Economic and
Social Commission for Asia and the Pacific, Food and Agriculture Organization, International
Atomic Energy Agency, International Bank for Reconstruction and Development (World Bank),
International Civil Aviation Organization, International Development Association, International
Finance Corporation, International Fund for Agricultural Development, International Labour
Organization, International Maritime Organization, International Monetary Fund, International
Telecommunication Union, UN Conference on Aid and Development, UN Educational, Scientific
and Cultural Organization, UN Industrial Development Organization, UN Office of the High
Commissioner for Refugees, UN University, Universal Postal Union, World Health Organization,
World Intellectual Property Organization, and World Meteorological Organization.

Major International Treaties: 

The Philippines is a party to the following environmental agreements: Biodiversity, Climate

Change, Climate Change-Kyoto Protocol, Desertification, Endangered Species, Hazardous
Wastes, Law of the Sea, Marine Dumping, Ozone Layer Protection, Ship Pollution, Tropical
Timber 83, Tropical Timber 94, Wetlands, and Whaling. The Philippines has signed, but not
ratified, the agreement on Air Pollution-Persistent Organic Pollutants. In the area of arms
control, the Philippines is a party to the Biological Weapons Convention, Chemical Weapons

40
Convention, Treaty on the Non-Proliferation of Nuclear Weapons, and Limited Test Ban Treaty.
The Philippines has ratified numerous international human rights agreements, including those
against slavery, genocide, prisoner of war abuse, human trafficking, racial discrimination, and
torture. The Philippines also has adopted agreements designed to protect women, children,
and refugees. Although the Philippines is a member of the World Intellectual Property
Organization (WIPO), it has not ratified the WIPO Performances and Phonograms Treaty or the
Copyright Treaty.

http://www.mongabay.com/reference/new_profiles/343.html

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 Constitution
 A Constitution is the fundamental organic law of a State which contains the
principles on which the government is founded and regulates the division and
exercise of sovereign powers.
 A body of rules and maxims in accordance with which the powers of sovereignty are
habitually exercised.
 “that written instrument by which the powers of government are established,
limited, defined and distributed.”

THE SUPREMACY OF THE CONSTITUTION

The Constitution is the most basic and most paramount law to which all other laws must
conform and to which all persons including the higher officials of the land must defer. No act
shall be valid however noble its intentions if it is in conflict with the Constitution. The
Constitution must reign supreme.

IMPORTANCE, NATURE AND PURPOSE OF CONSTITUTION

1. The people exercise d control of their government primarily through the Constitution
which protects from unjust exercise of governmental power and through periodic
elections by means of which they choose the officers to represent them.
2. A constitution is the supreme or fundamental law creating the government having been
enacted by the people themselves.
3. The purpose of the constitution is to draw framework or general outline of the system
of the government and to specific the respective powers and functions of the various
branches of government comprising this framework.

BASIC PRINCIPLES UNDERLYING OUR CONSTITUTION

 Recognition of the Almighty God

 Sovereignity of the people

42
  Supremacy of civilian authority over the military
 Separation of Church and State
 Guarantee of human rights
 Government through suffrage
 Separation of powers
 Independence of the judiciary
 Rule of the majority
 Government of laws and not of men

Why study the constitution?

1. it is the supreme law of the land

2. it is the framework within which government power can be understood

constitutions are…
…enacted or evolved…
…written or unwritten…
…rigid or flexible.

Enacted: i.e. enacted by decree

Evolved: develops over time

Written: codified in definite form

Unwritten: comprises a broad body of politico-legal tradition, including norms, customs, etc.

Rigid or flexible: i.e. with respect to the possibility of amending them

KINDS/CLASSIFICATION of CONSTITUTION

As to their origin and history

 Conventional or enacted one which is enacted by a constituent assembly or granted by
a monarch to his subjects
 Cumulative or evolved-one which is the product of growth or a long period of
development originating in customs, traditions, judicial decisions rather than from
deliberate and formal enactment

As to their form:
 Written-one which has been given definite written form at a particular time usually by a
specially constituted authority called constitutional convention

43
  Unwritten-one which is entirely the product of political evolution ,consisting largely of a
mass of customs, usages and judicial decisions together with a smaller body of statutory
enactments of a fundamental character, usually bearing different dates

As to manner of amending them:

 Rigid or inelastic-one regarded as a document of a special sanctity which cannot be
amended or altered except by some special machinery more cumbrous than the
ordinary legislative process.
 Flexible or elastic-one which possess no higher legal authority than ordinary laws and
which may be altered in the same way as other laws.

CONSTIUTUTION DISTINGUISHED FORM STATUTE

1. A constitution is a law give \n directly by the people while a statute is enacted by the
people’s representative
2. A constitution is the fundamental law of the state on which all other laws or statute
are based

44
 The 1987 Philippine Constitution
WEB SOURCE: http://www.chanrobles.com/philsupremelaw2.html
(CHAN ROBLES ONLINE LAW LIBRARY)

PREAMBLE

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
.
The national territory comprises the Philippine archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of
its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. 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.

ARTICLE II

DECLARATION OF PRINCIPLES AND STATE POLICIES

PRINCIPLES

Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all
government authority emanates from them.

Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity with all nations.

Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the
Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State
and the integrity of the national territory.

Section 4. The prime duty of the Government is to serve and protect the people. The Government may
call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required,
under conditions provided by law, to render personal, military or civil service.

Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and
promotion of the general welfare are essential for the enjoyment by all the people of the blessings of
democracy.

45
Section 6. The separation of Church and State shall be inviolable. 

STATE POLICIES

Section 7. The State shall pursue an independent foreign policy. In its relations with other states, the
paramount consideration shall be national sovereignty, territorial integrity, national interest, and the
right to self-determination.

Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom
from nuclear weapons in its territory.

Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and
independence of the nation and free the people from poverty through policies that provide adequate
social services, promote full employment, a rising standard of living, and an improved quality of life for
all.

Section 10. The State shall promote social justice in all phases of national development.

Section 11. The State values the dignity of every human person and guarantees full respect for human
rights.

Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as
a basic autonomous social institution. It shall equally protect the life of the mother and the life of the
unborn from conception. The natural and primary right and duty of parents in the rearing of the youth
for civic efficiency and the development of moral character shall receive the support of the Government.

Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and
protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in public and civic affairs.

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.

Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.

Section 19. The State shall develop a self-reliant and independent national economy effectively
controlled by Filipinos.

46
Section 20. The State recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments.

Section 21. The State shall promote comprehensive rural development and agrarian reform.

Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the
framework of national unity and development.

Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations
that promote the welfare of the nation.

Section 24. The State recognizes the vital role of communication and information in nation-building.

Section 25. The State shall ensure the autonomy of local governments.

Section 26. The State shall guarantee equal access to opportunities for public service and prohibit
political dynasties as may be defined by law.

Section 27. The State shall maintain honesty and integrity in the public service and take positive and
effective measures against graft and corruption.

Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a
policy of full public disclosure of all its transactions involving public interest.

ARTICLE III

BILL OF RIGHTS

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

47
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. (1) 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.

(2) 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.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in
evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to the 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

48
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.

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 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.

ARTICLE IV

CITIZENSHIP

Section 1. The following are citizens of the Philippines: [1] Those who are citizens of the Philippines at
the time of the adoption of this Constitution; [2] Those whose fathers or mothers are citizens of the
Philippines; [3] Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship
upon reaching the age of majority; and [4] Those who are naturalized in accordance with law.

Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having
to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine
citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.

Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.

49
Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or
omission, they are deemed, under the law, to have renounced it.

Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

ARTICLE V

SUFFRAGE

Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law,
who are at least eighteen years of age, and who shall have resided in the Philippines for at least one
year, and in the place wherein they propose to vote, for at least six months immediately preceding the
election. No literacy, property, or other substantive requirement shall be imposed on the exercise of
suffrage.

Section 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well
as a system for absentee voting by qualified Filipinos abroad.

The Congress shall also design a procedure for the disabled and the illiterates to vote without the
assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules
as the Commission on Elections may promulgate to protect the secrecy of the ballot.

ARTICLE VI

THE LEGISLATIVE DEPARTMENT

Section 1. The legislative power shall be vested in the Congress of the Philippines which shall consist of a
Senate and a House of Representatives, except to the extent reserved to the people by the provision on
initiative and referendum.

Section 2. The Senate shall be composed of twenty-four Senators who shall be elected at large by the
qualified voters of the Philippines, as may be provided by law.

Section 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines and, on the
day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a
resident of the Philippines for not less than two years immediately preceding the day of the election.

Section 4. The term of office of the Senators shall be six years and shall commence, unless otherwise
provided by law, at noon on the thirtieth day of June next following their election. No Senator shall
serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time
shall not be considered as an interruption in the continuity of his service for the full term of which he
was elected.

Section 5. (1) The House of Representatives shall be composed of not more than two hundred and fifty
members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned
among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their
respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided
by law, shall be elected through a party-list system of registered national, regional, and sectoral parties
or organizations.

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(2) The party-list representatives shall constitute twenty per centum of the total number of
representatives including those under the party list. For three consecutive terms after the ratification of
this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided
by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities,
women, youth, and such other sectors as may be provided by law, except the religious sector.

(3) Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent
territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have
at least one representative.

(4) Within three years following the return of every census, the Congress shall make a reapportionment
of legislative districts based on the standards provided in this section.

Section 6. No person shall be a Member of the House of Representatives unless he is a natural-born

citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read
and write, and, except the party-list representatives, a registered voter in the district in which he shall
be elected, and a resident thereof for a period of not less than one year immediately preceding the day
of the election.

Section 7. The Members of the House of Representatives shall be elected for a term of three years which
shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their
election. No Member of the House of Representatives shall serve for more than three consecutive
terms. Voluntary renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.

Section 8. Unless otherwise provided by law, the regular election of the Senators and the Members of
the House of Representatives shall be held on the second Monday of May.

Section 9. In case of vacancy in the Senate or in the House of Representatives, a special election may be
called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of
Representatives thus elected shall serve only for the unexpired term.

Section 10. The salaries of Senators and Members of the House of Representatives shall be determined
by law. No increase in said compensation shall take effect until after the expiration of the full term of all
the Members of the Senate and the House of Representatives approving such increase.

Section 11. A Senator or Member of the House of Representatives shall, in all offenses punishable by not
more than six years imprisonment, be privileged from arrest while the Congress is in session. No
Member shall be questioned nor be held liable in any other place for any speech or debate in the
Congress or in any committee thereof.

Section 12. All Members of the Senate and the House of Representatives shall, upon assumption of
office, make a full disclosure of their financial and business interests. They shall notify the House
concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of
which they are authors.

Section 13. No Senator or Member of the House of Representatives may hold any other office or
employment in the Government, or any subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries, during his term without forfeiting

51
his seat. Neither shall he be appointed to any office which may have been created or the emoluments
thereof increased during the term for which he was elected.

Section 14. No Senator or Member of the House of Representatives may personally appear as counsel
before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative
bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any
franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality
thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of
office. He shall not intervene in any matter before any office of the Government for his pecuniary
benefit or where he may be called upon to act on account of his office.

Section 15. The Congress shall convene once every year on the fourth Monday of July for its regular
session, unless a different date is fixed by law, and shall continue to be in session for such number of
days as it may determine until thirty days before the opening of its next regular session, exclusive of
Saturdays, Sundays, and legal holidays. The President may call a special session at any time.

Section 16. (1). The Senate shall elect its President and the House of Representatives, its Speaker, by a
majority vote of all its respective Members. Each House shall choose such other officers as it may deem
necessary.

(2) A majority of each House shall constitute a quorum to do business, but a smaller number may
adjourn from day to day and may compel the attendance of absent Members in such manner, and under
such penalties, as such House may provide.

(3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior,
and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of
suspension, when imposed, shall not exceed sixty days.

(4) Each House shall keep a Journal of its proceedings, and from time to time publish the same,
excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any
question shall, at the request of one-fifth of the Members present, be entered in the Journal. Each
House shall also keep a Record of its proceedings.

(5) Neither House during the sessions of the Congress shall, without the consent of the other, adjourn
for more than three days, nor to any other place than that in which the two Houses shall be sitting.

Section 17. The Senate and the House of Representatives shall each have an Electoral Tribunal which
shall be the sole judge of all contests relating to the election, returns, and qualifications of their
respective Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall
be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be
Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on
the basis of proportional representation from the political parties and the parties or organizations
registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal
shall be its Chairman.

Section 18. There shall be a Commission on Appointments consisting of the President of the Senate, as
ex officio Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by
each House on the basis of proportional representation from the political parties and parties or
organizations registered under the party-list system represented therein. The chairman of the

52
Commission shall not vote, except in case of a tie. The Commission shall act on all appointments
submitted to it within thirty session days of the Congress from their submission. The Commission shall
rule by a majority vote of all the Members.

Section 19. The Electoral Tribunals and the Commission on Appointments shall be constituted within
thirty days after the Senate and the House of Representatives shall have been organized with the
election of the President and the Speaker. The Commission on Appointments shall meet only while the
Congress is in session, at the call of its Chairman or a majority of all its Members, to discharge such
powers and functions as are herein conferred upon it.

Section 20. The records and books of accounts of the Congress shall be preserved and be open to the
public in accordance with law, and such books shall be audited by the Commission on Audit which shall
publish annually an itemized list of amounts paid to and expenses incurred for each Member.

Section 21. The Senate or the House of Representatives or any of its respective committees may conduct
inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of
persons appearing in, or affected by, such inquiries shall be respected.

Section 22. The heads of departments may, upon their own initiative, with the consent of the President,
or upon the request of either House, as the rules of each House shall provide, appear before and be
heard by such House on any matter pertaining to their departments. Written questions shall be
submitted to the President of the Senate or the Speaker of the House of Representatives at least three
days before their scheduled appearance. Interpellations shall not be limited to written questions, but
may cover matters related thereto. When the security of the State or the public interest so requires and
the President so states in writing, the appearance shall be conducted in executive session.

Section 23. (1) The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting
separately, shall have the sole power to declare the existence of a state of war.

(2) In times of war or other national emergency, the Congress may, by law, authorize the President, for a
limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and
proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress,
such powers shall cease upon the next adjournment thereof.

Section 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of
local application, and private bills, shall originate exclusively in the House of Representatives, but the
Senate may propose or concur with amendments.

Section 25. (1) The Congress may not increase the appropriations recommended by the President for the
operation of the Government as specified in the budget. The form, content, and manner of preparation
of the budget shall be prescribed by law.

(2) No provision or enactment shall be embraced in the general appropriations bill unless it relates
specifically to some particular appropriation therein. Any such provision or enactment shall be limited in
its operation to the appropriation to which it relates.

(3) The procedure in approving appropriations for the Congress shall strictly follow the procedure for
approving appropriations for other departments and agencies.

53
(4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported
by funds actually available as certified by the National Treasurer, or to be raised by a corresponding
revenue proposal therein.

(5) No law shall be passed authorizing any transfer of appropriations; however, the President, the
President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme
Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in
the general appropriations law for their respective offices from savings in other items of their respective
appropriations.

(6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to
be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.

(7) If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill
for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed
re-enacted and shall remain in force and effect until the general appropriations bill is passed by the
Congress.

Section 26. (1) Every bill passed by the Congress shall embrace only one subject which shall be expressed
in the title thereof.

(2) No bill passed by either House shall become a law unless it has passed three readings on separate
days, and printed copies thereof in its final form have been distributed to its Members three days before
its passage, except when the President certifies to the necessity of its immediate enactment to meet a
public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed,
and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the
Journal.

Section 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the
President. If he approves the same he shall sign it; otherwise, he shall veto it and return the same with
his objections to the House where it originated, which shall enter the objections at large in its Journal
and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such House
shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it
shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall
become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the
names of the Members voting for or against shall be entered in its Journal. The President shall
communicate his veto of any bill to the House where it originated within thirty days after the date of
receipt thereof, otherwise, it shall become a law as if he had signed it.

(2) The President shall have the power to veto any particular item or items in an appropriation, revenue,
or tariff bill, but the veto shall not affect the item or items to which he does not object.

Section 28. (1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a
progressive system of taxation.

(2) The Congress may, by law, authorize the President to fix within specified limits, and subject to such
limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and
wharfage dues, and other duties or imposts within the framework of the national development program
of the Government.

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(3) Charitable institutions, churches and personages or convents appurtenant thereto, mosques, non-
profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for
religious, charitable, or educational purposes shall be exempt from taxation.

(4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the
Members of the Congress.

Section 29. (1) No money shall be paid out of the Treasury except in pursuance of an appropriation
made by law.

(2) No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly,
for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of
religion, or of any priest, preacher, minister, other religious teacher, or dignitary as such, except when
such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution,
or government orphanage or leprosarium.

(3) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid
out for such purpose only. If the purpose for which a special fund was created has been fulfilled or
abandoned, the balance, if any, shall be transferred to the general funds of the Government.

Section 30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court as
provided in this Constitution without its advice and concurrence.

Section 31. No law granting a title of royalty or nobility shall be enacted.

Section 32. The Congress shall, as early as possible, provide for a system of initiative and referendum,
and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or
reject any act or law or part thereof passed by the Congress or local legislative body after the
registration of a petition therefor signed by at least ten per centum of the total number of registered
voters, of which every legislative district must be represented by at least three per centum of the
registered voters thereof.

ARTICLE VII

EXECUTIVE DEPARTMENT

Section 1. The executive power shall be vested in the President of the Philippines.
Section 2. No person may be elected President unless he is a natural-born citizen of the Philippines, a
registered voter, able to read and write, at least forty years of age on the day of the election, and a
resident of the Philippines for at least ten years immediately preceding such election.

Section 3. There shall be a Vice-President who shall have the same qualifications and term of office and
be elected with, and in the same manner, as the President. He may be removed from office in the same
manner as the President.

The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no
confirmation.

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Section 4. The President and the Vice-President shall be elected by direct vote of the people for a term
of six years which shall begin at noon on the thirtieth day of June next following the day of the election
and shall end at noon of the same date, six years thereafter. The President shall not be eligible for any
re-election. No person who has succeeded as President and has served as such for more than four years
shall be qualified for election to the same office at any time.

No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the office
for any length of time shall not be considered as an interruption in the continuity of the service for the
full term for which he was elected.

Unless otherwise provided by law, the regular election for President and Vice-President shall be held on
the second Monday of May.

The returns of every election for President and Vice-President, duly certified by the board of canvassers
of each province or city, shall be transmitted to the Congress, directed to the President of the Senate.
Upon receipt of the certificates of canvass, the President of the Senate shall, not later than thirty days
after the day of the election, open all the certificates in the presence of the Senate and the House of
Representatives in joint public session, and the Congress, upon determination of the authenticity and
due execution thereof in the manner provided by law, canvass the votes.

The person having the highest number of votes shall be proclaimed elected, but in case two or more
shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a
majority of all the Members of both Houses of the Congress, voting separately.

The Congress shall promulgate its rules for the canvassing of the certificates.

The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election,
returns, and qualifications of the President or Vice-President, and may promulgate its rules for the
purpose.

Section 5. Before they enter on the execution of their office, the President, the Vice-President, or the
Acting President shall take the following oath or affirmation:

"I do solemnly swear [or affirm] that I will faithfully and conscientiously fulfill my duties as President [or
Vice-President or Acting President] of the Philippines, preserve and defend its Constitution, execute its
laws, do justice to every man, and consecrate myself to the service of the Nation. So help me God." [In
case of affirmation, last sentence will be omitted].

Section 6. The President shall have an official residence. The salaries of the President and Vice-President
shall be determined by law and shall not be decreased during their tenure. No increase in said
compensation shall take effect until after the expiration of the term of the incumbent during which such
increase was approved. They shall not receive during their tenure any other emolument from the
Government or any other source.

Section 7. The President-elect and the Vice President-elect shall assume office at the beginning of their
terms.

If the President-elect fails to qualify, the Vice President-elect shall act as President until the President-
elect shall have qualified.

56
If a President shall not have been chosen, the Vice President-elect shall act as President until a President
shall have been chosen and qualified.

If at the beginning of the term of the President, the President-elect shall have died or shall have become
permanently disabled, the Vice President-elect shall become President.

Where no President and Vice-President shall have been chosen or shall have qualified, or where both
shall have died or become permanently disabled, the President of the Senate or, in case of his inability,
the Speaker of the House of Representatives, shall act as President until a President or a Vice-President
shall have been chosen and qualified.

The Congress shall, by law, provide for the manner in which one who is to act as President shall be
selected until a President or a Vice-President shall have qualified, in case of death, permanent disability,
or inability of the officials mentioned in the next preceding paragraph.

Section 8. In case of death, permanent disability, removal from office, or resignation of the President,
the Vice-President shall become the President to serve the unexpired term. In case of death, permanent
disability, removal from office, or resignation of both the President and Vice-President, the President of
the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then act as
President until the President or Vice-President shall have been elected and qualified.

The Congress shall, by law, provide who shall serve as President in case of death, permanent disability,
or resignation of the Acting President. He shall serve until the President or the Vice-President shall have
been elected and qualified, and be subject to the same restrictions of powers and disqualifications as
the Acting President.

Section 9. Whenever there is a vacancy in the Office of the Vice-President during the term for which he
was elected, the President shall nominate a Vice-President from among the Members of the Senate and
the House of Representatives who shall assume office upon confirmation by a majority vote of all the
Members of both Houses of the Congress, voting separately.

Section 10. The Congress shall, at ten o'clock in the morning of the third day after the vacancy in the
offices of the President and Vice-President occurs, convene in accordance with its rules without need of
a call and within seven days, enact a law calling for a special election to elect a President and a Vice-
President to be held not earlier than forty-five days nor later than sixty days from the time of such call.
The bill calling such special election shall be deemed certified under paragraph 2, Section 26, Article V1
of this Constitution and shall become law upon its approval on third reading by the Congress.
Appropriations for the special election shall be charged against any current appropriations and shall be
exempt from the requirements of paragraph 4, Section 25, Article V1 of this Constitution. The convening
of the Congress cannot be suspended nor the special election postponed. No special election shall be
called if the vacancy occurs within eighteen months before the date of the next presidential election.

Section 11. Whenever the President transmits to the President of the Senate and the Speaker of the
House of Representatives his written declaration that he is unable to discharge the powers and duties of
his office, and until he transmits to them a written declaration to the contrary, such powers and duties
shall be discharged by the Vice-President as Acting President.

Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to
the Speaker of the House of Representatives their written declaration that the President is unable to

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discharge the powers and duties of his office, the Vice-President shall immediately assume the powers
and duties of the office as Acting President.

Thereafter, when the President transmits to the President of the Senate and to the Speaker of the
House of Representatives his written declaration that no inability exists, he shall reassume the powers
and duties of his office. Meanwhile, should a majority of all the Members of the Cabinet transmit within
five days to the President of the Senate and to the Speaker of the House of Representatives, their
written declaration that the President is unable to discharge the powers and duties of his office, the
Congress shall decide the issue. For that purpose, the Congress shall convene, if it is not in session,
within forty-eight hours, in accordance with its rules and without need of call.

If the Congress, within ten days after receipt of the last written declaration, or, if not in session, within
twelve days after it is required to assemble, determines by a two-thirds vote of both Houses, voting
separately, that the President is unable to discharge the powers and duties of his office, the Vice-
President shall act as President; otherwise, the President shall continue exercising the powers and duties
of his office.

Section 12. In case of serious illness of the President, the public shall be informed of the state of his
health. The members of the Cabinet in charge of national security and foreign relations and the Chief of
Staff of the Armed Forces of the Philippines, shall not be denied access to the President during such
illness.

Section 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants
shall not, unless otherwise provided in this Constitution, hold any other office or employment during
their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession,
participate in any business, or be financially interested in any contract with, or in any franchise, or
special privilege granted by the Government or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid
conflict of interest in the conduct of their office.

The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall
not, during his tenure, be appointed as Members of the Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including
government-owned or controlled corporations and their subsidiaries.

Section 14. Appointments extended by an Acting President shall remain effective, unless revoked by the
elected President, within ninety days from his assumption or reassumption of office.

Section 15. Two months immediately before the next presidential elections and up to the end of his
term, a President or Acting President shall not make appointments, except temporary appointments to
executive positions when continued vacancies therein will prejudice public service or endanger public
safety.

Section 16. The President shall nominate and, with the consent of the Commission on Appointments,
appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or
officers of the armed forces from the rank of colonel or naval captain, and other officers whose
appointments are vested in him in this Constitution. He shall also appoint all other officers of the
Government whose appointments are not otherwise provided for by law, and those whom he may be
authorized by law to appoint. The Congress may, by law, vest the appointment of other officers lower in

58
rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or
boards.

The President shall have the power to make appointments during the recess of the Congress, whether
voluntary or compulsory, but such appointments shall be effective only until disapproved by the
Commission on Appointments or until the next adjournment of the Congress.

Section 17. The President shall have control of all the executive departments, bureaus, and offices. He
shall ensure that the laws be faithfully executed.

Section 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and
whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless
violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he
may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place
the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of
martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a
report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a
majority of all its Members in regular or special session, may revoke such proclamation or suspension,
which revocation shall not be set aside by the President. Upon the initiative of the President, the
Congress may, in the same manner, extend such proclamation or suspension for a period to be
determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation or
suspension, convene in accordance with its rules without need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas
corpus or the extension thereof, and must promulgate its decision thereon within thirty days from its
filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning
of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military
courts and agencies over civilians where civil courts are able to function, nor automatically suspend the
privilege of the writ of habeas corpus.

The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged
for rebellion or offenses inherent in, or directly connected with, invasion.

During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or
detained shall be judicially charged within three days, otherwise he shall be released.

Section 19. Except in cases of impeachment, or as otherwise provided in this Constitution, the President
may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by
final judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of
the Congress.

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Section 20. The President may contract or guarantee foreign loans on behalf of the Republic of the
Philippines with the prior concurrence of the Monetary Board, and subject to such limitations as may be
provided by law. The Monetary Board shall, within thirty days from the end of every quarter of the
calendar year, submit to the Congress a complete report of its decision on applications for loans to be
contracted or guaranteed by the Government or government-owned and controlled corporations which
would have the effect of increasing the foreign debt, and containing other matters as may be provided
by law.

Section 21. No treaty or international agreement shall be valid and effective unless concurred in by at
least two-thirds of all the Members of the Senate.

Section 22. The President shall submit to the Congress, within thirty days from the opening of every
regular session as the basis of the general appropriations bill, a budget of expenditures and sources of
financing, including receipts from existing and proposed revenue measures.

Section 23. The President shall address the Congress at the opening of its regular session. He may also
appear before it at any other time.

ARTICLE VIII

JUDICIAL DEPARTMENT

Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be
established by law.

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.

Section 2. The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the
various courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated in
Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its
Members.
Section 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced
by the legislature below the amount appropriated for the previous year and, after approval, shall be
automatically and regularly released.

Section 4. (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It
may sit en banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be
filled within ninety days from the occurrence thereof.

(2) All cases involving the constitutionality of a treaty, international or executive agreement, or law,
which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court
are required to be heard en banc, including those involving the constitutionality, application, or
operation of presidential decrees, proclamations, orders, instructions, ordinances, and other

60
regulations, shall be decided with the concurrence of a majority of the Members who actually took part
in the deliberations on the issues in the case and voted thereon.

(3) Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority
of the Members who actually took part in the deliberations on the issues in the case and voted thereon,
and in no case without the concurrence of at least three of such Members. When the required number
is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid
down by the court in a decision rendered en banc or in division may be modified or reversed except by
the court sitting en banc.

Section 5. The Supreme Court shall have the following powers:

1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and
over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may
provide, final judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is
in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed
in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
(e) All cases in which only an error or question of law is involved.
(3) Assign temporarily judges of lower courts to other stations as public interest may require. Such
temporary assignment shall not exceed six months without the consent of the judge concerned.
(4) Order a change of venue or place of trial to avoid a miscarriage of justice.
(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal
assistance to the under-privileged. Such rules shall provide a simplified and inexpensive procedure for
the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies
shall remain effective unless disapproved by the Supreme Court.

(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.
Section 6. The Supreme Court shall have administrative supervision over all courts and the personnel
thereof.

Section 7. (1) No person shall be appointed Member of the Supreme Court or any lower collegiate court
unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court must be at least
forty years of age, and must have been for fifteen years or more, a judge of a lower court or engaged in
the practice of law in the Philippines.

(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be
appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.

(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and

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independence.

Section 8. (1) A Judicial and Bar Council is hereby created under the supervision of the Supreme Court
composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of
the Congress as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired
Member of the Supreme Court, and a representative of the private sector.

(2) The regular members of the Council shall be appointed by the President for a term of four years with
the consent of the Commission on Appointments. Of the Members first appointed, the representative of
the Integrated Bar shall serve for four years, the professor of law for three years, the retired Justice for
two years, and the representative of the private sector for one year.

(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record
of its proceedings.

(4) The regular Members of the Council shall receive such emoluments as may be determined by the
Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for the Council.

(5) The Council shall have the principal function of recommending appointees to the Judiciary. It may
exercise such other functions and duties as the Supreme Court may assign to it.

Section 9. The Members of the Supreme Court and judges of the lower courts shall be appointed by the
President from a list of at least three nominees prepared by the Judicial and Bar Council for every
vacancy. Such appointments need no confirmation.

For the lower courts, the President shall issue the appointments within ninety days from the submission
of the list.

Section 10. The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of
judges of lower courts, shall be fixed by law. During their continuance in office, their salary shall not be
decreased.

Section 11. The Members of the Supreme Court and judges of lower courts shall hold office during good
behavior until they reach the age of seventy years or become incapacitated to discharge the duties of
their office. The Supreme Court en banc shall have the power to discipline judges of lower courts, or
order their dismissal by a vote of a majority of the Members who actually took part in the deliberations
on the issues in the case and voted thereon.

Section 12. The Members of the Supreme Court and of other courts established by law shall not be
designated to any agency performing quasi-judicial or administrative functions.

Section 13. The conclusions of the Supreme Court in any case submitted to it for decision en banc or in
division shall be reached in consultation before the case is assigned to a Member for the writing of the
opinion of the Court. A certification to this effect signed by the Chief Justice shall be issued and a copy
thereof attached to the record of the case and served upon the parties. Any Members who took no part,
or dissented, or abstained from a decision or resolution, must state the reason therefor. The same
requirements shall be observed by all lower collegiate courts.

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Section 14. No decision shall be rendered by any court without expressing therein clearly and distinctly
the facts and the law on which it is based.

No petition for review or motion for reconsideration of a decision of the court shall be refused due
course or denied without stating the legal basis therefor.

Section 15. (1) All cases or matters filed after the effectivity of this Constitution must be decided or
resolved within twenty-four months from date of submission for the Supreme Court, and, unless
reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months for all
other lower courts.

(2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the last
pleading, brief, or memorandum required by the Rules of Court or by the court itself.

(3) Upon the expiration of the corresponding period, a certification to this effect signed by the Chief
Justice or the presiding judge shall forthwith be issued and a copy thereof attached to the record of the
case or matter, and served upon the parties. The certification shall state why a decision or resolution has
not been rendered or issued within said period.

(4) Despite the expiration of the applicable mandatory period, the court, without prejudice to such
responsibility as may have been incurred in consequence thereof, shall decide or resolve the case or
matter submitted thereto for determination, without further delay.

Section 16. The Supreme Court shall, within thirty days from the opening of each regular session of the
Congress, submit to the President and the Congress an annual report on the operations and activities of
the Judiciary.

ARTICLE IX

A. COMMON PROVISIONS

Section 1. The Constitutional Commissions, which shall be independent, are the Civil Service
Commission, the Commission on Elections, and the Commission on Audit.
Section 2. No member of a Constitutional Commission shall, during his tenure, hold any other office or
employment. Neither shall he engage in the practice of any profession or in the active management or
control of any business which, in any way, may be affected by the functions of his office, nor shall he be
financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted
by the Government, any of its subdivisions, agencies, or instrumentalities, including government-owned
or controlled corporations or their subsidiaries.

Section. 3. The salary of the Chairman and the Commissioners shall be fixed by law and shall not be
decreased during their tenure.

Section 4. The Constitutional Commissions shall appoint their officials and employees in accordance with
law.

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Section 5. The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be
automatically and regularly released.

Section 6. Each Commission en banc may promulgate its own rules concerning pleadings and practice
before it or before any of its offices. Such rules, however, shall not diminish, increase, or modify
substantive rights.

Section 7. Each Commission shall decide by a majority vote of all its Members, any case or matter
brought before it within sixty days from the date of its submission for decision or resolution. A case or
matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or
memorandum required by the rules of the Commission or by the Commission itself. Unless otherwise
provided by this Constitution or by law, any decision, order, or ruling of each Commission may be
brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a
copy thereof.

Section 8. Each Commission shall perform such other functions as may be provided by law.

B. THE CIVIL SERVICE COMMISSION

Section 1. (1) The civil service shall be administered by the Civil Service Commission composed of a
Chairman and two Commissioners who shall be natural-born citizens of the Philippines and, at the time
of their appointment, at least thirty-five years of age, with proven capacity for public administration,
and must not have been candidates for any elective position in the elections immediately preceding
their appointment.

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the
Commission on Appointments for a term of seven years without reappointment. Of those first
appointed, the Chairman shall hold office for seven years, a Commissioner for five years, and another
Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the
unexpired term of the predecessor. In no case shall any Member be appointed or designated in a
temporary or acting capacity.

Section 2. (1) The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the
Government, including government-owned or controlled corporations with original charters.

(2) Appointments in the civil service shall be made only according to merit and fitness to be determined,
as far as practicable, and, except to positions which are policy-determining, primarily confidential, or
highly technical, by competitive examination.

(3) No officer or employee of the civil service shall be removed or suspended except for cause provided
by law.

(4) No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or
partisan political campaign.

(5) The right to self-organization shall not be denied to government employees.

(6) Temporary employees of the Government shall be given such protection as may be provided by law.

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Section 3. The Civil Service Commission, as the central personnel agency of the Government, shall
establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness,
progressiveness, and courtesy in the civil service. It shall strengthen the merit and rewards system,
integrate all human resources development programs for all levels and ranks, and institutionalize a
management climate conducive to public accountability. It shall submit to the President and the
Congress an annual report on its personnel programs.

Section 4. All public officers and employees shall take an oath or affirmation to uphold and defend this
Constitution.

Section 5. The Congress shall provide for the standardization of compensation of government officials
and employees, including those in government-owned or controlled corporations with original charters,
taking into account the nature of the responsibilities pertaining to, and the qualifications required for,
their positions.

Section 6. No candidate who has lost in any election shall, within one year after such election, be
appointed to any office in the Government or any Government-owned or controlled corporations or in
any of their subsidiaries.

Section 7. No elective official shall be eligible for appointment or designation in any capacity to any
public office or position during his tenure.

Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall
hold any other office or employment in the Government or any subdivision, agency or instrumentality
thereof, including Government-owned or controlled corporations or their subsidiaries.

Section 8. No elective or appointive public officer or employee shall receive additional, double, or
indirect compensation, unless specifically authorized by law, nor accept without the consent of the
Congress, any present, emolument, office, or title of any kind from any foreign government.

Pensions or gratuities shall not be considered as additional, double, or indirect compensation.

C. THE COMMISSION ON ELECTIONS

Section 1. (1) There shall be a Commission on Elections composed of a Chairman and six Commissioners
who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least
thirty-five years of age, holders of a college degree, and must not have been candidates for any elective
positions in the immediately preceding elections. However, a majority thereof, including the Chairman,
shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten
years.
(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the
Commission on Appointments for a term of seven years without reappointment. Of those first
appointed, three Members shall hold office for seven years, two Members for five years, and the last
Members for three years, without reappointment. Appointment to any vacancy shall be only for the
unexpired term of the predecessor. In no case shall any Member be appointed or designated in a
temporary or acting capacity.

Sec. 2. The Commission on Elections shall exercise the following powers and functions:

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(1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite,
initiative, referendum, and recall.

(2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and
qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all
contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving
elective barangay officials decided by trial courts of limited jurisdiction.

Decisions, final orders, or rulings of the Commission on election contests involving elective municipal
and barangay offices shall be final, executory, and not appealable.

(3) Decide, except those involving the right to vote, all questions affecting elections, including
determination of the number and location of polling places, appointment of election officials and
inspectors, and registration of voters.

(4) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of
the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring
free, orderly, honest, peaceful, and credible elections.

(5) Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to
other requirements, must present their platform or program of government; and accredit citizens' arms
of the Commission on Elections. Religious denominations and sects shall not be registered. Those which
seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this
Constitution, or which are supported by any foreign government shall likewise be refused registration.

Financial contributions from foreign governments and their agencies to political parties, organizations,
coalitions, or candidates related to elections, constitute interference in national affairs, and, when
accepted, shall be an additional ground for the cancellation of their registration with the Commission, in
addition to other penalties that may be prescribed by law.

(6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of
voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts
or omissions constituting election frauds, offenses, and malpractices.

(7) Recommend to the Congress effective measures to minimize election spending, including limitation
of places where propaganda materials shall be posted, and to prevent and penalize all forms of election
frauds, offenses, malpractices, and nuisance candidacies.

(8) Recommend to the President the removal of any officer or employee it has deputized, or the
imposition of any other disciplinary action, for violation or disregard of, or disobedience to, its directive,
order, or decision.

(9) Submit to the President and the Congress, a comprehensive report on the conduct of each election,
plebiscite, initiative, referendum, or recall.

Section 3. The Commission on Elections may sit en banc or in two divisions, and shall promulgate its
rules of procedure in order to expedite disposition of election cases, including pre- proclamation

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controversies. All such election cases shall be heard and decided in division, provided that motions for
reconsideration of decisions shall be decided by the Commission en banc.

Section 4. The Commission may, during the election period, supervise or regulate the enjoyment or
utilization of all franchises or permits for the operation of transportation and other public utilities,
media of communication or information, all grants, special privileges, or concessions granted by the
Government or any subdivision, agency, or instrumentality thereof, including any government-owned or
controlled corporation or its subsidiary. Such supervision or regulation shall aim to ensure equal
opportunity, and equal rates therefor, for public information campaigns and forums among candidates
in connection with the objective of holding free, orderly, honest, peaceful, and credible elections.

Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules,
and regulations shall be granted by the President without the favorable recommendation of the
Commission.

Section 6. A free and open party system shall be allowed to evolve according to the free choice of the
people, subject to the provisions of this Article.

Section 7. No votes cast in favor of a political party, organization, or coalition shall be valid, except for
those registered under the party-list system as provided in this Constitution.

Section 8. Political parties, or organizations or coalitions registered under the party-list system, shall not
be represented in the voters' registration boards, boards of election inspectors, boards of canvassers, or
other similar bodies. However, they shall be entitled to appoint poll watchers in accordance with law.

Section 9. Unless otherwise fixed by the Commission in special cases, the election period shall
commence ninety days before the day of election and shall end thirty days thereafter.

Section 10. Bona fide candidates for any public office shall be free from any form of harassment and
discrimination.

Section 11. Funds certified by the Commission as necessary to defray the expenses for holding regular
and special elections, plebiscites, initiatives, referenda, and recalls, shall be provided in the regular or
special appropriations and, once approved, shall be released automatically upon certification by the
Chairman of the Commission.

D. THE COMMISSION ON AUDIT

Section 1. (1) There shall be a Commission on Audit composed of a Chairman and two Commissioners,
who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least
thirty-five years of age, Certified Public Accountants with not less than ten years of auditing experience,
or members of the Philippine Bar who have been engaged in the practice of law for at least ten years,
and must not have been candidates for any elective position in the elections immediately preceding
their appointment. At no time shall all Members of the Commission belong to the same profession.
(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the
Commission on Appointments for a term of seven years without reappointment. Of those first
appointed, the Chairman shall hold office for seven years, one Commissioner for five years, and the
other Commissioner for three years, without reappointment. Appointment to any vacancy shall be only

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for the unexpired portion of the term of the predecessor. In no case shall any Member be appointed or
designated in a temporary or acting capacity.

Section 2. (1) The Commission on Audit shall have the power, authority, and duty to examine, audit, and
settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and
property, owned or held in trust by, or pertaining to, the Government, or any of its subdivisions,
agencies, or instrumentalities, including government-owned or controlled corporations with original
charters, and on a post- audit basis: (a) constitutional bodies, commissions and offices that have been
granted fiscal autonomy under this Constitution; (b) autonomous state colleges and universities; (c)
other government-owned or controlled corporations and their subsidiaries; and (d) such non-
governmental entities receiving subsidy or equity, directly or indirectly, from or through the
Government, which are required by law or the granting institution to submit to such audit as a condition
of subsidy or equity. However, where the internal control system of the audited agencies is inadequate,
the Commission may adopt such measures, including temporary or special pre-audit, as are necessary
and appropriate to correct the deficiencies. It shall keep the general accounts of the Government and,
for such period as may be provided by law, preserve the vouchers and other supporting papers
pertaining thereto.

(2) The Commission shall have exclusive authority, subject to the limitations in this Article, to define the
scope of its audit and examination, establish the techniques and methods required therefor, and
promulgate accounting and auditing rules and regulations, including those for the prevention and
disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures or uses
of government funds and properties.

Section 3. No law shall be passed exempting any entity of the Government or its subsidiaries in any guise
whatever, or any investment of public funds, from the jurisdiction of the Commission on Audit.

Section 4. The Commission shall submit to the President and the Congress, within the time fixed by law,
an annual report covering the financial condition and operation of the Government, its subdivisions,
agencies, and instrumentalities, including government-owned or controlled corporations, and non-
governmental entities subject to its audit, and recommend measures necessary to improve their
effectiveness and efficiency. It shall submit such other reports as may be required by law.

ARTICLE X

LOCAL GOVERNMENT

GENERAL PROVISIONS

Section 1. The territorial and political subdivisions of the Republic of the Philippines are the provinces,
cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the
Cordilleras as hereinafter provided.

Section 2. The territorial and political subdivisions shall enjoy local autonomy.

Section 3. The Congress shall enact a local government code which shall provide for a more responsive
and accountable local government structure instituted through a system of decentralization with

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effective mechanisms of recall, initiative, and referendum, allocate among the different local
government units their powers, responsibilities, and resources, and provide for the qualifications,
election, appointment and removal, term, salaries, powers and functions and duties of local officials, and
all other matters relating to the organization and operation of the local units.

Section 4. The President of the Philippines shall exercise general supervision over local governments.
Provinces with respect to component cities and municipalities, and cities and municipalities with respect
to component barangays, shall ensure that the acts of their component units are within the scope of
their prescribed powers and functions.

Section 5. Each local government unit shall have the power to create its own sources of revenues and to
levy taxes, fees and charges subject to such guidelines and limitations as the Congress may provide,
consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively
to the local governments.

Section 6. Local government units shall have a just share, as determined by law, in the national taxes
which shall be automatically released to them.

Section 7. Local governments shall be entitled to an equitable share in the proceeds of the utilization
and development of the national wealth within their respective areas, in the manner provided by law,
including sharing the same with the inhabitants by way of direct benefits.

Section 8. The term of office of elective local officials, except barangay officials, which shall be
determined by law, shall be three years and no such official shall serve for more than three consecutive
terms. Voluntary renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.

Section 9. Legislative bodies of local governments shall have sectoral representation as may be
prescribed by law.

Section 10. No province, city, municipality, or barangay may be created, divided, merged, abolished, or
its boundary substantially altered, except in accordance with the criteria established in the local
government code and subject to approval by a majority of the votes cast in a plebiscite in the political
units directly affected.

Section 11. The Congress may, by law, create special metropolitan political subdivisions, subject to a
plebiscite as set forth in Section 10 hereof. The component cities and municipalities shall retain their
basic autonomy and shall be entitled to their own local executive and legislative assemblies. The
jurisdiction of the metropolitan authority that will thereby be created shall be limited to basic services
requiring coordination.

Section 12. Cities that are highly urbanized, as determined by law, and component cities whose charters
prohibit their voters from voting for provincial elective officials, shall be independent of the province.
The voters of component cities within a province, whose charters contain no such prohibition, shall not
be deprived of their right to vote for elective provincial officials.

Section 13. Local government units may group themselves, consolidate or coordinate their efforts,
services, and resources for purposes commonly beneficial to them in accordance with law.

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Section 14. The President shall provide for regional development councils or other similar bodies
composed of local government officials, regional heads of departments and other government offices,
and representatives from non-governmental organizations within the regions for purposes of
administrative decentralization to strengthen the autonomy of the units therein and to accelerate the
economic and social growth and development of the units in the region.

AUTONOMOUS REGIONS

Section 15. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras
consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive
historical and cultural heritage, economic and social structures, and other relevant characteristics within
the framework of this Constitution and the national sovereignty as well as territorial integrity of the
Republic of the Philippines.

Section 16. The President shall exercise general supervision over autonomous regions to ensure that
laws are faithfully executed.

Section 17. All powers, functions, and responsibilities not granted by this Constitution or by law to the
autonomous regions shall be vested in the National Government.

Section 18. The Congress shall enact an organic act for each autonomous region with the assistance and
participation of the regional consultative commission composed of representatives appointed by the
President from a list of nominees from multi-sectoral bodies. The organic act shall define the basic
structure of government for the region consisting of the executive department and legislative assembly,
both of which shall be elective and representative of the constituent political units. The organic acts
shall likewise provide for special courts with personal, family, and property law jurisdiction consistent
with the provisions of this Constitution and national laws.

The creation of the autonomous region shall be effective when approved by majority of the votes cast
by the constituent units in a plebiscite called for the purpose, provided that only provinces, cities, and
geographic areas voting favorably in such plebiscite shall be included in the autonomous region.

Section 19. The first Congress elected under this Constitution shall, within eighteen months from the
time of organization of both Houses, pass the organic acts for the autonomous regions in Muslim
Mindanao and the Cordilleras.

Section 20. Within its territorial jurisdiction and subject to the provisions of this Constitution and
national laws, the organic act of autonomous regions shall provide for legislative powers over:

(1) Administrative organization; 

(2) Creation of sources of revenues; 
(3) Ancestral domain and natural resources; 
(4) Personal, family, and property relations; 
(5) Regional urban and rural planning development; 
(6) Economic, social, and tourism development; 
(7) Educational policies; 
(8) Preservation and development of the cultural heritage; and 

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 (9) Such other matters as may be authorized by law for the promotion of the general welfare of
the people of the region.

Section 21. The preservation of peace and order within the regions shall be the responsibility of the local
police agencies which shall be organized, maintained, supervised, and utilized in accordance with
applicable laws. The defense and security of the regions shall be the responsibility of the National
Government.

ARTICLE XI

ACCOUNTABILITY OF PUBLIC OFFICERS

Section 1. Public office is a public trust. Public officers and employees must, at all times, be accountable
to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act with
patriotism and justice, and lead modest lives.

Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members of the
Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for,
and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other
high crimes, or betrayal of public trust. All other public officers and employees may be removed from
office as provided by law, but not by impeachment.

Section 3. (1) The House of Representatives shall have the exclusive power to initiate all cases of
impeachment.

(2) A verified complaint for impeachment may be filed by any Member of the House of Representatives
or by any citizen upon a resolution or endorsement by any Member thereof, which shall be included in
the Order of Business within ten session days, and referred to the proper Committee within three
session days thereafter. The Committee, after hearing, and by a majority vote of all its Members, shall
submit its report to the House within sixty session days from such referral, together with the
corresponding resolution. The resolution shall be calendared for consideration by the House within ten
session days from receipt thereof.

(3) A vote of at least one-third of all the Members of the House shall be necessary either to affirm a
favorable resolution with the Articles of Impeachment of the Committee, or override its contrary
resolution. The vote of each Member shall be recorded.

(4) In case the verified complaint or resolution of impeachment is filed by at least one-third of all the
Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate
shall forthwith proceed.

(5) No impeachment proceedings shall be initiated against the same official more than once within a
period of one year.

(6) The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for
that purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on
trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No person shall be
convicted without the concurrence of two-thirds of all the Members of the Senate.

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(7) Judgment in cases of impeachment shall not extend further than removal from office and
disqualification to hold any office under the Republic of the Philippines, but the party convicted shall
nevertheless be liable and subject to prosecution, trial, and punishment, according to law.

(8) The Congress shall promulgate its rules on impeachment to effectively carry out the purpose of this
section.

Section 4. The present anti-graft court known as the Sandiganbayan shall continue to function and
exercise its jurisdiction as now or hereafter may be provided by law.

Section 5. There is hereby created the independent Office of the Ombudsman, composed of the
Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy each for Luzon,
Visayas, and Mindanao. A separate Deputy for the military establishment may likewise be appointed.

Section 6. The officials and employees of the Office of the Ombudsman, other than the Deputies, shall
be appointed by the Ombudsman, according to the Civil Service Law.

Section 7. The existing Tanodbayan shall hereafter be known as the Office of the Special Prosecutor. It
shall continue to function and exercise its powers as now or hereafter may be provided by law, except
those conferred on the Office of the Ombudsman created under this Constitution.

Section 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and at the
time of their appointment, at least forty years old, of recognized probity and independence, and
members of the Philippine Bar, and must not have been candidates for any elective office in the
immediately preceding election. The Ombudsman must have, for ten years or more, been a judge or
engaged in the practice of law in the Philippines.

During their tenure, they shall be subject to the same disqualifications and prohibitions as provided for
in Section 2 of Article 1X-A of this Constitution.

Section 9. The Ombudsman and his Deputies shall be appointed by the President from a list of at least
six nominees prepared by the Judicial and Bar Council, and from a list of three nominees for every
vacancy thereafter. Such appointments shall require no confirmation. All vacancies shall be filled within
three months after they occur.

Section 10. The Ombudsman and his Deputies shall have the rank of Chairman and Members,
respectively, of the Constitutional Commissions, and they shall receive the same salary which shall not
be decreased during their term of office.

Section 11. The Ombudsman and his Deputies shall serve for a term of seven years without
reappointment. They shall not be qualified to run for any office in the election immediately succeeding
their cessation from office.

Section 12. The Ombudsman and his Deputies, as protectors of the people, shall act promptly on
complaints filed in any form or manner against public officials or employees of the Government, or any
subdivision, agency or instrumentality thereof, including government-owned or controlled corporations,
and shall, in appropriate cases, notify the complainants of the action taken and the result thereof.

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Section 13. The Office of the Ombudsman shall have the following powers, functions, and duties:

(1) Investigate on its own, or on complaint by any person, any act or omission of any public
official, employee, office or agency, when such act or omission appears to be illegal, unjust,
improper, or inefficient.

(2) Direct, upon complaint or at its own instance, any public official or employee of the
Government, or any subdivision, agency or instrumentality thereof, as well as of any
government-owned or controlled corporation with original charter, to perform and expedite any
act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the
performance of duties.

(3) Direct the officer concerned to take appropriate action against a public official or employee
at fault, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and
ensure compliance therewith.

(4) Direct the officer concerned, in any appropriate case, and subject to such limitations as may
be provided by law, to furnish it with copies of documents relating to contracts or transactions
entered into by his office involving the disbursement or use of public funds or properties, and
report any irregularity to the Commission on Audit for appropriate action.

(5) Request any government agency for assistance and information necessary in the discharge of
its responsibilities, and to examine, if necessary, pertinent records and documents.

(6) Publicize matters covered by its investigation when circumstances so warrant and with due
prudence.

(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the
Government and make recommendations for their elimination and the observance of high
standards of ethics and efficiency.

(8) Promulgate its rules of procedure and exercise such other powers or perform such functions
or duties as may be provided by law.

Section 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual
appropriations shall be automatically and regularly released.

Section 15. The right of the State to recover properties unlawfully acquired by public officials or
employees, from them or from their nominees or transferees, shall not be barred by prescription,
laches, or estoppel.

Section 16. No loan, guaranty, or other form of financial accommodation for any business purpose may
be granted, directly or indirectly, by any government-owned or controlled bank or financial institution to
the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, and
the Constitutional Commissions, the Ombudsman, or to any firm or entity in which they have controlling
interest, during their tenure.

Section 17. A public officer or employee shall, upon assumption of office and as often thereafter as may
be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of

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the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, the
Constitutional Commissions and other constitutional offices, and officers of the armed forces with
general or flag rank, the declaration shall be disclosed to the public in the manner provided by law.

Section 18. Public officers and employees owe the State and this Constitution allegiance at all times and
any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant
of another country during his tenure shall be dealt with by law.

ARTICLE XII

NATIONAL ECONOMY AND PATRIMONY

Section 1. The goals of the national economy are a more equitable distribution of opportunities, income,
and wealth; a sustained increase in the amount of goods and services produced by the nation for the
benefit of the people; and an expanding productivity as the key to raising the quality of life for all,
especially the under-privileged.

The State shall promote industrialization and full employment based on sound agricultural development
and agrarian reform, through industries that make full and efficient use of human and natural resources,
and which are competitive in both domestic and foreign markets. However, the State shall protect
Filipino enterprises against unfair foreign competition and trade practices.

In the pursuit of these goals, all sectors of the economy and all regions of the country shall be given
optimum opportunity to develop. Private enterprises, including corporations, cooperatives, and similar
collective organizations, shall be encouraged to broaden the base of their ownership.

Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural
resources are owned by the State. With the exception of agricultural lands, all other natural resources
shall not be alienated. The exploration, development, and utilization of natural resources shall be under
the full control and supervision of the State. The State may directly undertake such activities, or it may
enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or
corporations or associations at least sixty per centum of whose capital is owned by such citizens. Such
agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-
five years, and under such terms and conditions as may be provided by law. In cases of water rights for
irrigation, water supply fisheries, or industrial uses other than the development of water power,
beneficial use may be the measure and limit of the grant.

The State shall protect the nation's marine wealth in its archipelagic waters, territorial sea, and exclusive
economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.

The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as
cooperative fish farming, with priority to subsistence fishermen and fish- workers in rivers, lakes, bays,
and lagoons.

The President may enter into agreements with foreign-owned corporations involving either technical or
financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and
other mineral oils according to the general terms and conditions provided by law, based on real

74
contributions to the economic growth and general welfare of the country. In such agreements, the State
shall promote the development and use of local scientific and technical resources.

The President shall notify the Congress of every contract entered into in accordance with this provision,
within thirty days from its execution.

Section 3. Lands of the public domain are classified into agricultural, forest or timber, mineral lands and
national parks. Agricultural lands of the public domain may be further classified by law according to the
uses to which they may be devoted. Alienable lands of the public domain shall be limited to agricultural
lands. Private corporations or associations may not hold such alienable lands of the public domain
except by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five
years, and not to exceed one thousand hectares in area. Citizens of the Philippines may lease not more
than five hundred hectares, or acquire not more than twelve hectares thereof, by purchase, homestead,
or grant.

Taking into account the requirements of conservation, ecology, and development, and subject to the
requirements of agrarian reform, the Congress shall determine, by law, the size of lands of the public
domain which may be acquired, developed, held, or leased and the conditions therefor.

Section 4. The Congress shall, as soon as possible, determine, by law, the specific limits of forest lands
and national parks, marking clearly their boundaries on the ground. Thereafter, such forest lands and
national parks shall be conserved and may not be increased nor diminished, except by law. The Congress
shall provide for such period as it may determine, measures to prohibit logging in endangered forests
and watershed areas.

Section 5. The State, subject to the provisions of this Constitution and national development policies and
programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure
their economic, social, and cultural well-being.

The Congress may provide for the applicability of customary laws governing property rights or relations
in determining the ownership and extent of ancestral domain.

Section 6. The use of property bears a social function, and all economic agents shall contribute to the
common good. Individuals and private groups, including corporations, cooperatives, and similar
collective organizations, shall have the right to own, establish, and operate economic enterprises,
subject to the duty of the State to promote distributive justice and to intervene when the common good
so demands.

Section 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed
except to individuals, corporations, or associations qualified to acquire or hold lands of the public
domain.

Section 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the
Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to
limitations provided by law.

Section 9. The Congress may establish an independent economic and planning agency headed by the
President, which shall, after consultations with the appropriate public agencies, various private sectors,

75
and local government units, recommend to Congress, and implement continuing integrated and
coordinated programs and policies for national development.

Until the Congress provides otherwise, the National Economic and Development Authority shall function
as the independent planning agency of the government.

Section 10. The Congress shall, upon recommendation of the economic and planning agency, when the
national interest dictates, reserve to citizens of the Philippines or to corporations or associations at least
sixty per centum of whose capital is owned by such citizens, or such higher percentage as Congress may
prescribe, certain areas of investments. The Congress shall enact measures that will encourage the
formation and operation of enterprises whose capital is wholly owned by Filipinos.

In the grant of rights, privileges, and concessions covering the national economy and patrimony, the
State shall give preference to qualified Filipinos.

The State shall regulate and exercise authority over foreign investments within its national jurisdiction
and in accordance with its national goals and priorities.

Section 11. No franchise, certificate, or any other form of authorization for the operation of a public
utility shall be granted except to citizens of the Philippines or to corporations or associations organized
under the laws of the Philippines, at least sixty per centum of whose capital is owned by such citizens;
nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period than
fifty years. Neither shall any such franchise or right be granted except under the condition that it shall be
subject to amendment, alteration, or repeal by the Congress when the common good so requires. The
State shall encourage equity participation in public utilities by the general public. The participation of
foreign investors in the governing body of any public utility enterprise shall be limited to their
proportionate share in its capital, and all the executive and managing officers of such corporation or
association must be citizens of the Philippines.

Section 12. The State shall promote the preferential use of Filipino labor, domestic materials and locally
produced goods, and adopt measures that help make them competitive.

Section 13. The State shall pursue a trade policy that serves the general welfare and utilizes all forms
and arrangements of exchange on the basis of equality and reciprocity.

Section 14. The sustained development of a reservoir of national talents consisting of Filipino scientists,
entrepreneurs, professionals, managers, high-level technical manpower and skilled workers and
craftsmen in all fields shall be promoted by the State. The State shall encourage appropriate technology
and regulate its transfer for the national benefit.

The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases
prescribed by law.

Section 15. The Congress shall create an agency to promote the viability and growth of cooperatives as
instruments for social justice and economic development.

Section 16. The Congress shall not, except by general law, provide for the formation, organization, or
regulation of private corporations. Government-owned or controlled corporations may be created or

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established by special charters in the interest of the common good and subject to the test of economic
viability.

Section 17. In times of national emergency, when the public interest so requires, the State may, during
the emergency and under reasonable terms prescribed by it, temporarily take over or direct the
operation of any privately-owned public utility or business affected with public interest.

Section 18. The State may, in the interest of national welfare or defense, establish and operate vital
industries and, upon payment of just compensation, transfer to public ownership utilities and other
private enterprises to be operated by the Government.

Section 19. The State shall regulate or prohibit monopolies when the public interest so requires. No
combinations in restraint of trade or unfair competition shall be allowed.

Section 20. The Congress shall establish an independent central monetary authority, the members of
whose governing board must be natural-born Filipino citizens, of known probity, integrity, and
patriotism, the majority of whom shall come from the private sector. They shall also be subject to such
other qualifications and disabilities as may be prescribed by law. The authority shall provide policy
direction in the areas of money, banking, and credit. It shall have supervision over the operations of
banks and exercise such regulatory powers as may be provided by law over the operations of finance
companies and other institutions performing similar functions.

Until the Congress otherwise provides, the Central Bank of the Philippines operating under existing laws,
shall function as the central monetary authority.

Section 21. Foreign loans may only be incurred in accordance with law and the regulation of the
monetary authority. Information on foreign loans obtained or guaranteed by the Government shall be
made available to the public.

Section 22. Acts which circumvent or negate any of the provisions of this Article shall be considered
inimical to the national interest and subject to criminal and civil sanctions, as may be provided by law.

ARTICLE XIII

SOCIAL JUSTICE AND HUMAN RIGHTS

Section 1. The Congress shall give highest priority to the enactment of measures that protect and
enhance the right of all the people to human dignity, reduce social, economic, and political inequalities,
and remove cultural inequities by equitably diffusing wealth and political power for the common good.

To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its
increments.

Section 2. The promotion of social justice shall include the commitment to create economic
opportunities based on freedom of initiative and self-reliance.

LABOR

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Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized,
and promote full employment and equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations,
and peaceful concerted activities, including the right to strike in accordance with law. They shall be
entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate
in policy and decision-making processes affecting their rights and benefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers and employers and the
preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their
mutual compliance therewith to foster industrial peace.

The State shall regulate the relations between workers and employers, recognizing the right of labor to
its just share in the fruits of production and the right of enterprises to reasonable returns to
investments, and to expansion and growth.

AGRARIAN AND NATURAL RESOURCES REFORM

Section 4. The State shall, by law, undertake an agrarian reform program founded on the right of
farmers and regular farm workers who are landless, to own directly or collectively the lands they till or,
in the case of other farm workers, to receive a just share of the fruits thereof. To this end, the State shall
encourage and undertake the just distribution of all agricultural lands, subject to such priorities and
reasonable retention limits as the Congress may prescribe, taking into account ecological,
developmental, or equity considerations, and subject to the payment of just compensation. In
determining retention limits, the State shall respect the right of small landowners. The State shall
further provide incentives for voluntary land-sharing.

Section 5. The State shall recognize the right of farmers, farm workers, and landowners, as well as
cooperatives, and other independent farmers' organizations to participate in the planning, organization,
and management of the program, and shall provide support to agriculture through appropriate
technology and research, and adequate financial, production, marketing, and other support services.

Section 6. The State shall apply the principles of agrarian reform or stewardship, whenever applicable in
accordance with law, in the disposition or utilization of other natural resources, including lands of the
public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights
of small settlers, and the rights of indigenous communities to their ancestral lands.

The State may resettle landless farmers and farmworkers in its own agricultural estates which shall be
distributed to them in the manner provided by law.

Section 7. The State shall protect the rights of subsistence fishermen, especially of local communities, to
the preferential use of the communal marine and fishing resources, both inland and offshore. It shall
provide support to such fishermen through appropriate technology and research, adequate financial,
production, and marketing assistance, and other services. The State shall also protect, develop, and
conserve such resources. The protection shall extend to offshore fishing grounds of subsistence
fishermen against foreign intrusion. Fishworkers shall receive a just share from their labor in the
utilization of marine and fishing resources.

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Section 8. The State shall provide incentives to landowners to invest the proceeds of the agrarian reform
program to promote industrialization, employment creation, and privatization of public sector
enterprises. Financial instruments used as payment for their lands shall be honored as equity in
enterprises of their choice.

URBAN LAND REFORM AND HOUSING

Section 9. The State shall, by law, and for the common good, undertake, in cooperation with the private
sector, a continuing program of urban land reform and housing which will make available at affordable
cost, decent housing and basic services to under-privileged and homeless citizens in urban centers and
resettlement areas. It shall also promote adequate employment opportunities to such citizens. In the
implementation of such program the State shall respect the rights of small property owners.

Section 10. Urban or rural poor dwellers shall not be evicted nor their dwelling demolished, except in
accordance with law and in a just and humane manner.

No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with
them and the communities where they are to be relocated.

HEALTH

Section 11. The State shall adopt an integrated and comprehensive approach to health development
which shall endeavor to make essential goods, health and other social services available to all the people
at affordable cost. There shall be priority for the needs of the under-privileged, sick, elderly, disabled,
women, and children. The State shall endeavor to provide free medical care to paupers.

Section 12. The State shall establish and maintain an effective food and drug regulatory system and
undertake appropriate health, manpower development, and research, responsive to the country's
health needs and problems.

Section 13. The State shall establish a special agency for disabled person for their rehabilitation, self-
development, and self-reliance, and their integration into the mainstream of society.

WOMEN

Section 14. The State shall protect working women by providing safe and healthful working conditions,
taking into account their maternal functions, and such facilities and opportunities that will enhance their
welfare and enable them to realize their full potential in the service of the nation.

ROLE AND RIGHTS OF PEOPLE'S ORGANIZATIONS

Section 15. The State shall respect the role of independent people's organizations to enable the people
to pursue and protect, within the democratic framework, their legitimate and collective interests and
aspirations through peaceful and lawful means.

People's organizations are bona fide associations of citizens with demonstrated capacity to promote the
public interest and with identifiable leadership, membership, and structure.

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Section 16. The right of the people and their organizations to effective and reasonable participation at all
levels of social, political, and economic decision-making shall not be abridged. The State shall, by law,
facilitate the establishment of adequate consultation mechanisms.

HUMAN RIGHTS

Section 17. (1) There is hereby created an independent office called the Commission on Human Rights.

(2) The Commission shall be composed of a Chairman and four Members who must be natural-born
citizens of the Philippines and a majority of whom shall be members of the Bar. The term of office and
other qualifications and disabilities of the Members of the Commission shall be provided by law.

(3) Until this Commission is constituted, the existing Presidential Committee on Human Rights shall
continue to exercise its present functions and powers.

(4) The approved annual appropriations of the Commission shall be automatically and regularly
released.

Section 18. The Commission on Human Rights shall have the following powers and functions:

(1) Investigate, on its own or on complaint by any party, all forms of human rights violations involving
civil and political rights;

(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof
in accordance with the Rules of Court;

(3) Provide appropriate legal measures for the protection of human rights of all persons within the
Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid
services to the under-privileged whose human rights have been violated or need protection;

(4) Exercise visitorial powers over jails, prisons, or detention facilities;

(5) Establish a continuing program of research, education, and information to enhance respect for the
primacy of human rights;

(6) Recommend to Congress effective measures to promote human rights and to provide for
compensation to victims of violations of human rights, or their families;

(7) Monitor the Philippine Government's compliance with international treaty obligations on human
rights;

(8) Grant immunity from prosecution to any person whose testimony or whose possession of documents
or other evidence is necessary or convenient to determine the truth in any investigation conducted by it
or under its authority;

(9) Request the assistance of any department, bureau, office, or agency in the performance of its
functions;

(10) Appoint its officers and employees in accordance with law; and

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(11) Perform such other duties and functions as may be provided by law.

Section 19. The Congress may provide for other cases of violations of human rights that should fall
within the authority of the Commission, taking into account its recommendations.

ARTICLE XIV

EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS EDUCATION

Section 1. The State shall protect and promote the right of all citizens to quality education at all levels,
and shall take appropriate steps to make such education accessible to all.

Section 2. The State shall:

(1) Establish, maintain, and support a complete, adequate, and integrated system of education
relevant to the needs of the people and society;

(2) Establish and maintain, a system of free public education in the elementary and high school
levels. Without limiting the natural rights of parents to rear their children, elementary education
is compulsory for all children of school age;

(3) Establish and maintain a system of scholarship grants, student loan programs, subsidies, and
other incentives which shall be available to deserving students in both public and private
schools, especially to the under-privileged;

(4) Encourage non-formal, informal, and indigenous learning systems, as well as self-learning,
independent, and out-of-school study programs particularly those that respond to community
needs; and

(5) Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational
efficiency, and other skills.

Section 3. (1) All educational institutions shall include the study of the Constitution as part of the
curricula.

(2) They shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights,
appreciation of the role of national heroes in the historical development of the country, teach the rights
and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal
discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and
promote vocational efficiency.

(3) At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught
to their children or wards in public elementary and high schools within the regular class hours by
instructors designated or approved by the religious authorities of the religion to which the children or
wards belong, without additional cost to the Government.

Section 4.(1) The State recognizes the complementary roles of public and private institutions in the
educational system and shall exercise reasonable supervision and regulation of all educational
institutions.

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(2) Educational institutions, other than those established by religious groups and mission boards, shall
be owned solely by citizens of the Philippines or corporations or associations at least sixty per centum of
the capital of which is owned by such citizens. The Congress may, however, require increased Filipino
equity participation in all educational institutions.

The control and administration of educational institutions shall be vested in citizens of the Philippines.

No educational institution shall be established exclusively for aliens and no group of aliens shall
comprise more than one-third of the enrollment in any school. The provisions of this subsection shall
not apply to schools established for foreign diplomatic personnel and their dependents and, unless
otherwise provided by law, for other foreign temporary residents.

(3) All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and
exclusively for educational purposes shall be exempt from taxes and duties. Upon the dissolution or
cessation of the corporate existence of such institutions, their assets shall be disposed of in the manner
provided by law.

Proprietary educational institutions, including those cooperatively owned, may likewise be entitled to
such exemptions, subject to the limitations provided by law, including restrictions on dividends and
provisions for reinvestment.

(4) Subject to conditions prescribed by law, all grants, endowments, donations, or contributions used
actually, directly, and exclusively for educational purposes shall be exempt from tax.

Section 5. (1) the State shall take into account regional and sectoral needs and conditions and shall
encourage local planning in the development of educational policies and programs.

(2) Academic freedom shall be enjoyed in all institutions of higher learning.

(3) Every citizen has a right to select a profession or course of study, subject to fair, reasonable, and
equitable admission and academic requirements.

(4) The State shall enhance the right of teachers to professional advancement. Non-teaching academic
and non-academic personnel shall enjoy the protection of the State.

(5) The State shall assign the highest budgetary priority to education and ensure that teaching will
attract and retain its rightful share of the best available talents through adequate remuneration and
other means of job satisfaction and fulfillment.

ARTS AND CULTURE

Section 14. The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino
national culture based on the principle of unity in diversity in a climate of free artistic and intellectual
expression.

Section 15. Arts and letters shall enjoy the patronage of the State. The State shall conserve, promote,
and popularize the nation's historical and cultural heritage and resources, as well as artistic creations.

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Section 16. All the country's artistic and historic wealth constitutes the cultural treasure of the nation
and shall be under the protection of the State which may regulate its disposition.

Section 17. The State shall recognize, respect, and protect the rights of indigenous cultural communities
to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the
formulation of national plans and policies.

Section 18. (1) The State shall ensure equal access to cultural opportunities through the educational
system, public or private cultural entities, scholarships, grants and other incentives, and community
cultural centers, and other public venues.

(2) The State shall encourage and support researches and studies on the arts and culture.

LANGUAGE

Section 6. The national language of the Philippines is Filipino. As it evolves, it shall be further developed
and enriched on the basis of existing Philippine and other languages.
Subject to provisions of law and as the Congress may deem appropriate, the Government shall take
steps to initiate and sustain the use of Filipino as a medium of official communication and as language of
instruction in the educational system.

Section 7. For purposes of communication and instruction, the official languages of the Philippines are
Filipino and, until otherwise provided by law, English.

The regional languages are the auxiliary official languages in the regions and shall serve as auxiliary
media of instruction therein.

Spanish and Arabic shall be promoted on a voluntary and optional basis.

Section 8. This Constitution shall be promulgated in Filipino and English and shall be translated into
major regional languages, Arabic, and Spanish.

Section 9. The Congress shall establish a national language commission composed of representatives of
various regions and disciplines which shall undertake, coordinate, and promote researches for the
development, propagation, and preservation of Filipino and other languages.

SCIENCE AND TECHNOLOGY

Section 10. Science and technology are essential for national development and progress. The State shall
give priority to research and development, invention, innovation, and their utilization; and to science
and technology education, training, and services. It shall support indigenous, appropriate, and self-
reliant scientific and technological capabilities, and their application to the country's productive systems
and national life.

Section 11. The Congress may provide for incentives, including tax deductions, to encourage private
participation in programs of basic and applied scientific research. Scholarships, grants-in-aid, or other
forms of incentives shall be provided to deserving science students, researchers, scientists, inventors,
technologists, and specially gifted citizens.

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Section 12. The State shall regulate the transfer and promote the adaptation of technology from all
sources for the national benefit. It shall encourage the widest participation of private groups, local
governments, and community-based organizations in the generation and utilization of science and
technology.

Section 13. The State shall protect and secure the exclusive rights of scientists, inventors, artists, and
other gifted citizens to their intellectual property and creations, particularly when beneficial to the
people, for such period as may be provided by law.

SPORTS

Section 19. (1) The State shall promote physical education and encourage sports programs, league
competitions, and amateur sports, including training for international competitions, to foster self-
discipline, teamwork, and excellence for the development of a healthy and alert citizenry.

(2) All educational institutions shall undertake regular sports activities throughout the country in
cooperation with athletic clubs and other sectors.

ARTICLE XV

THE FAMILY

Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall
strengthen its solidarity and actively promote its total development.

Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be
protected by the State.

Section 3. The State shall defend:

(1) The right of spouses to found a family in accordance with their religious convictions and the
demands of responsible parenthood;

(2) The right of children to assistance, including proper care and nutrition, and special protection
from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their
development;

(3) The right of the family to a family living wage and income; and

(4) The right of families or family associations to participate in the planning and implementation
of policies and programs that affect them.

Section 4. The family has the duty to care for its elderly members but the State may also do so through
just programs of social security.

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 ARTICLE XVI

GENERAL PROVISIONS

Section 1. The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as
consecrated and honored by the people and recognized by law.

Section 2. The Congress may, by law, adopt a new name for the country, a national anthem, or a
national seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of the
people. Such law shall take effect only upon its ratification by the people in a national referendum.

Section 3. The State may not be sued without its consent.

Section 4. The Armed Forces of the Philippines shall be composed of a citizen armed force which shall
undergo military training and serve as may be provided by law. It shall keep a regular force necessary for
the security of the State.

Section 5. (1) All members of the armed forces shall take an oath or affirmation to uphold and defend
this Constitution.

(2) The State shall strengthen the patriotic spirit and nationalist consciousness of the military, and
respect for people's rights in the performance of their duty.

(3) Professionalism in the armed forces and adequate remuneration and benefits of its members shall be
a prime concern of the State. The armed forces shall be insulated from partisan politics.

No member of the military shall engage, directly or indirectly, in any partisan political activity, except to
vote.

(4) No member of the armed forces in the active service shall, at any time, be appointed or designated in
any capacity to a civilian position in the Government, including government-owned or controlled
corporations or any of their subsidiaries.

(5) Laws on retirement of military officers shall not allow extension of their service.

(6) The officers and men of the regular force of the armed forces shall be recruited proportionately from
all provinces and cities as far as practicable.

(7) The tour of duty of the Chief of Staff of the armed forces shall not exceed three years. However, in
times of war or other national emergency declared by the Congress, the President may extend such tour
of duty.

Section 6. The State shall establish and maintain one police force, which shall be national in scope and
civilian in character, to be administered and controlled by a national police commission. The authority of
local executives over the police units in their jurisdiction shall be provided by law.

Section 7. The State shall provide immediate and adequate care, benefits, and other forms of assistance
to war veterans and veterans of military campaigns, their surviving spouses and orphans. Funds shall be

85
provided therefor and due consideration shall be given them in the disposition of agricultural lands of
the public domain and, in appropriate cases, in the utilization of natural resources.

Section 8. The State shall, from time to time, review to increase the pensions and other benefits due to
retirees of both the government and the private sectors.

Section 9. The State shall protect consumers from trade malpractices and from substandard or
hazardous products.

Section 10. The State shall provide the policy environment for the full development of Filipino capability
and the emergence of communication structures suitable to the needs and aspirations of the nation and
the balanced flow of information into, out of, and across the country, in accordance with a policy that
respects the freedom of speech and of the press.

Section 11. (1) The ownership and management of mass media shall be limited to citizens of the
Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such
citizens.

The Congress shall regulate or prohibit monopolies in commercial mass media when the public interest
so requires. No combinations in restraint of trade or unfair competition therein shall be allowed.

(2) The advertising industry is impressed with public interest, and shall be regulated by law for the
protection of consumers and the promotion of the general welfare.

Only Filipino citizens or corporations or associations at least seventy per centum of the capital of which
is owned by such citizens shall be allowed to engage in the advertising industry.

The participation of foreign investors in the governing body of entities in such industry shall be limited
to their proportionate share in the capital thereof, and all the executive and managing officers of such
entities must be citizens of the Philippines.

Section 12. The Congress may create a consultative body to advise the President on policies affecting
indigenous cultural communities, the majority of the members of which shall come from such
communities.

ARTICLE XVII

AMENDMENTS OR REVISIONS

Section 1. Any amendment to, or revision of, this Constitution may be proposed by:

(1) The Congress, upon a vote of three-fourths of all its Members; or

(2) A constitutional convention.

Section 2. Amendments to this Constitution may likewise be directly proposed by the people through
initiative upon a petition of at least twelve per centum of the total number of registered voters, of which
every legislative district must be represented by at least three per centum of the registered voters

86
therein. No amendment under this section shall be authorized within five years following the ratification
of this Constitution nor oftener than once every five years thereafter.

The Congress shall provide for the implementation of the exercise of this right.

Section 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention,
or by a majority vote of all its Members, submit to the electorate the question of calling such a
convention.

Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid
when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days
nor later than ninety days after the approval of such amendment or revision.

Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a
plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification
by the Commission on Elections of the sufficiency of the petition.

ARTICLE XVIII

TRANSITORY PROVISIONS

Section 1. The first elections of Members of the Congress under this Constitution shall be held on the
second Monday of May, 1987.

The first local elections shall be held on a date to be determined by the President, which may be
simultaneous with the election of the Members of the Congress. It shall include the election of all
Members of the city or municipal councils in the Metropolitan Manila area.

Section 2. The Senators, Members of the House of Representatives, and the local officials first elected
under this Constitution shall serve until noon of June 30, 1992.

Of the Senators elected in the elections in 1992, the first twelve obtaining the highest number of votes
shall serve for six years and the remaining twelve for three years.

Section 3. All existing laws, decrees, executive orders, proclamations, letters of instructions, and other
executive issuances not inconsistent with this Constitution shall remain operative until amended,
repealed, or revoked.

Section 4. All existing treaties or international agreements which have not been ratified shall not be
renewed or extended without the concurrence of at least two-thirds of all the Members of the Senate.

Section 5. The six-year term of the incumbent President and Vice-President elected in the February 7,
1986 election is, for purposes of synchronization of elections, hereby extended to noon of June 30,
1992.

The first regular elections for the President and Vice-President under this Constitution shall be held on
the second Monday of May, 1992.

87
Section 6. The incumbent President shall continue to exercise legislative powers until the first Congress
is convened.

Section 7. Until a law is passed, the President may fill by appointment from a list of nominees by the
respective sectors, the seats reserved for sectoral representation in paragraph (2), Section 5 of Article
V1 of this Constitution.

Section 8. Until otherwise provided by the Congress, the President may constitute the Metropolitan
Manila Authority to be composed of the heads of all local government units comprising the
Metropolitan Manila area.

Section 9. A sub-province shall continue to exist and operate until it is converted into a regular province
or until its component municipalities are reverted to the mother province.

Section 10. All courts existing at the time of the ratification of this Constitution shall continue to exercise
their jurisdiction, until otherwise provided by law. The provisions of the existing Rules of Court, judiciary
acts, and procedural laws not inconsistent with this Constitution shall remain operative unless amended
or repealed by the Supreme Court or the Congress.

Section 11. The incumbent Members of the Judiciary shall continue in office until they reach the age of
seventy years or become incapacitated to discharge the duties of their office or are removed for cause.

Section 12. The Supreme Court shall, within one year after the ratification of this Constitution, adopt a
systematic plan to expedite the decision or resolution of cases or matters pending in the Supreme Court
or the lower courts prior to the effectivity of this Constitution. A similar plan shall be adopted for all
special courts and quasi-judicial bodies.

Section 13. The legal effect of the lapse, before the ratification of this Constitution, of the applicable
period for the decision or resolution of the cases or matters submitted for adjudication by the courts,
shall be determined by the Supreme Court as soon as practicable.

Section 14. The provisions of paragraphs (3) and (4), Section 15 of Article VIII of this Constitution shall
apply to cases or matters filed before the ratification of this Constitution, when the applicable period
lapses after such ratification.

Section 15. The incumbent Members of the Civil Service Commission, the Commission on Elections, and
the Commission on Audit shall continue in office for one year after the ratification of this Constitution,
unless they are sooner removed for cause or become incapacitated to discharge the duties of their office
or appointed to a new term thereunder. In no case shall any Member serve longer than seven years
including service before the ratification of this Constitution.

Section 16. Career civil service employees separated from the service not for cause but as a result of the
reorganization pursuant to Proclamation No. 3 dated March 25, 1986 and the reorganization following
the ratification of this Constitution shall be entitled to appropriate separation pay and to retirement and
other benefits accruing to them under the laws of general application in force at the time of their
separation. In lieu thereof, at the option of the employees, they may be considered for employment in
the Government or in any of its subdivisions, instrumentalities, or agencies, including government-

88
owned or controlled corporations and their subsidiaries. This provision also applies to career officers
whose resignation, tendered in line with the existing policy, had been accepted.

Section 17. Until the Congress provides otherwise, the President shall receive an annual salary of three
hundred thousand pesos; the Vice-President, the President of the Senate, the Speaker of the House of
Representatives, and the Chief Justice of the Supreme Court, two hundred forty thousand pesos each;
the Senators, the Members of the House of Representatives, the Associate Justices of the Supreme
Court, and the Chairmen of the Constitutional Commissions, two hundred four thousand pesos each;
and the Members of the Constitutional Commissions, one hundred eighty thousand pesos each.

Section 18. At the earliest possible time, the Government shall increase the salary scales of the other
officials and employees of the National Government.

Section 19. All properties, records, equipment, buildings, facilities, and other assets of any office or body
abolished or reorganized under Proclamation No. 3 dated March 25, 1986 or this Constitution shall be
transferred to the office or body to which its powers, functions, and responsibilities substantially
pertain.

Section 20. The first Congress shall give priority to the determination of the period for the full
implementation of free public secondary education.

Section 21. The Congress shall provide efficacious procedures and adequate remedies for the reversion
to the State of all lands of the public domain and real rights connected therewith which were acquired in
violation of the Constitution or the public land laws, or through corrupt practices. No transfer or
disposition of such lands or real rights shall be allowed until after the lapse of one year from the
ratification of this Constitution.

Section 22. At the earliest possible time, the Government shall expropriate idle or abandoned
agricultural lands as may be defined by law, for distribution to the beneficiaries of the agrarian reform
program.

Section 23. Advertising entities affected by paragraph (2), Section 11 of Article XV1 of this Constitution
shall have five years from its ratification to comply on a graduated and proportionate basis with the
minimum Filipino ownership requirement therein.

Section 24. Private armies and other armed groups not recognized by duly constituted authority shall be
dismantled. All paramilitary forces including Civilian Home Defense Forces not consistent with the
citizen armed force established in this Constitution, shall be dissolved or, where appropriate, converted
into the regular force.

Section 25. After the expiration in 1991 of the Agreement between the Republic of the Philippines and
the United States of America concerning military bases, foreign military bases, troops, or facilities shall
not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the
Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held
for that purpose, and recognized as a treaty by the other contracting State.

Section 26. The authority to issue sequestration or freeze orders under Proclamation No. 3 dated March
25, 1986 in relation to the recovery of ill-gotten wealth shall remain operative for not more than

89
eighteen months after the ratification of this Constitution. However, in the national interest, as certified
by the President, the Congress may extend such period.

A sequestration or freeze order shall be issued only upon showing of a prima facie case. The order and
the list of the sequestered or frozen properties shall forthwith be registered with the proper court. For
orders issued before the ratification of this Constitution, the corresponding judicial action or proceeding
shall be filed within six months from its ratification. For those issued after such ratification, the judicial
action or proceeding shall be commenced within six months from the issuance thereof.

The sequestration or freeze order is deemed automatically lifted if no judicial action or proceeding is
commenced as herein provided.

Section 27. This Constitution shall take effect immediately upon its ratification by a majority of the votes
cast in a plebiscite held for the purpose and shall supersede all previous Constitutions.

90
 COURSE SYLLABUS

I. SUBJECT TITLE : Philippine Government and Constitution

II. Course Code: Social Science 5

Number of Units : 3 Units Time /Duration: 54 hrs. or 18 weeks

Number of Class Hour/Wee.: 3 hours Lecture: 3 Laboratory: 0

II. COURSE DESCRIPTION:

This is a three-unit course which gives a clear perspective on the concepts and principles
of the State and Government which are the fundamentals of Political Science sphere. Emphasis
is given on the relevance of these concepts to the Philippine State and its Government through
the study of the Philippine Constitution.

III. VISION

A provider of relevant and quality education to a society where citizens are competent,
skilled, dignified, and community-oriented.

MISSION

An academic institution providing technological, professional, research, and extension

programs to form principled men and women of competencies and skills responsive to local and
global development needs.

IV. COURSE OBJECTIVES:

Within the context of the course, the students are expected to:

1. Explain the structural and functional organizations of the Philippine government under
the new constitution.
2. Discuss the basic principles underlying the constitution.
3. Understand the workings of government and how its people should help support it.
4. Ignite the sense of duty and commitment as citizens of the Republic.

V. COURSE OUTLINE AND TIME FRAME:

Mid-Term Coverage 27 hours

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Part I: Orientation

A. Vision, Mission of the university, goals and objectives of the College

B. Course content, requirements and grading system

Part II: Introduction

A. Definition, Functions, importance, and goals of Politics
B. Concepts of State and Government
1. Origin of State
2. Elements of State
3. State distinguished from Nation/Government
4. Purpose and Necessities of Government
5. Forms of Government
6. The Philippines Government in transition:
7. Concepts of Constitution:

Mid-term Exam

Final Coverage 27 hrs.

A. The 1987 Constitution of the Philippines

1. The Preamble
2. Article I – the National territory
3. Article II – Declaration of Principles and State Policies
4. Article III – Bill of Rights
5. Article IV - Citizenship
6. Article V – Suffrage .
7. Article VI – Legislative Department
8. Article VII – Executive Department
9. Article VII – Judicial Department
10. Article IX – Constitutional Commissions
a. Civil Service Commission:
b. Commission on Elections:
c. Commission on Audit:
11. Article X – Local Government
12. Article XI – Accountability of Public Office
13. Article XV – The Family

Final Examination

VI. METHODS AND STRATEGIES:

 Lecture and Discussions

92
  Reporting
 Research work
 Brainstorming
 Situational Analysis
 Symposia

VII. COURSE REQUIRMENTS AND EVALUATIONS ACTIVITES:

 Reports/Project
 Graded Recitations
 Quizzes
 Personal Copy of the 1987 Constitution of the Philippines

IX. GRADNG SYSTEM:

20% Reports/Project, Recitation and Class Participation

40% Quizzes
40% Term Examination (Midterm and Final Term)
100%

X. COURSE REFERENCE:
1. Arlno Busto. Constitution of the Republic of the Philippines. AVB Press, 2005.
2. De Leon, Hector S.; Textbook on the Philippines Constitution; Manila Philippines, Rex
Bookstore, 2005.
3. Maguigad, Rogelio. Politics and governance: fundamentals of political science and
study of the 1987 Philippine Constitution. Quezon City: Libro Filipino, 2005.
4. Muñoz, Mauro R. Jr.; Philippine Government and Constitution; Quezon City,
Kath Publishing Co.,Inc.,2002
5. Nolledo, Jose N.; The Constitution of the Philippines Explained; Manila,
Philippines National Bookstore.
6. Nolledo, Mercedita S. Student’s Manual on the New Constitution ©2008
7. Naugiut, Reynaldo S.; Discourse on the 1987 Constitution; Mandaluyong City,
Trinitas Publishinh Inc.,2005.
8. Salcedo, et. al., Current Issues, 2002 Edition, Katha Publishing House, Inc.

CONSULTATION: 3 hours.
The teacher is available every _________ at _______
Please see him/her at Rm. _____________________

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94
 READINGS ON SOCIAL SCIENCE 5

Philippine Politics, Government, and Constitution

STUDENT NAME: _________________________________________________

COURSE/YEAR LEVEL: _____________________________________________

95
 APPENDIX B

EXERCISE 1
READINGS ON
SOCIAL
Name: _______________________________________________ Course/Yr. Level: SCIENCE
__________________________________

4
Professor: ___________________________________________ Class Schedule: ____________________________________

I. Given the three images below who are considered to be some of the most
powerful personalities in the Philippines, describe the type and scope of
power/influence they are exercising towards the Filipino people. (Ten points
for each image)

96
97
 EXERCISE 2

Name: _______________________________________________ Course/Yr. Level: __________________________________

Professor: ___________________________________________ Class Schedule: ____________________________________

I. MULTIPLE CHOICE. Encircle the letter for your answer.

1. A teacher ordering his students to keep quiet in the class is an exercise of power which is:
a. Collective b. Implicit c. Manifest d. Strong
2. Not an element of a state.
a. Constitution b. Government c. People d. Territory
3. The intentional acquisition by a state over a territory which at the time of claim not under
the sovereignty of any state.
a. Accretion b. Cession c. Occupation d. Prescription
4. Is that part of the sea extending 12 nautical miles (19 kms) from the low-water mark.
a. Insular Shelves b. Seabed c. Subsoil d. Territorial Sea
5. The doctrine that legalizes the unity of land, water and people into a single entity.
a. Archipelagic b. Continental c. Extraterritoriality d. Hinterland
6. A person who exercises political authority.
a. Barangay Captain b. Congressman c. Mayor d. Parish Priest

7. Not a political exercise.

a. voting in election c. lobbying
b. running for government office d. attending a Christmas Party
8. The state having the smallest population.
a. East Timor b. Israel c. Singapore d. Vatican
9. The other term for the air space about the land and waters.
a. aerial domain b. digital domain c. fluvial domain d. terrestrial domain
10. Is the intentional acquisition by a state over a territory which at the time of claim not under
the sovereignty of any state.
a. Conquest b. Discovery c. Occupation d. Prescription
11. Is that part of the sea extending 12 nautical miles (19 kms) from the low-water mark.
a. Insular Shelves b. Subsoil c. Seabed d. Territorial Sea
12. It extends from the outer limit of the territorial sea to a maximum of 200 nautical miles
(370.4 km) from the territorial sea baseline, thus it includes the contiguous zone.
a. baseline b. contiguous zone c. exclusive economic zone d. insular shelves
13. It is the acquiring of territory by the use of force.
a. Cession b. Conquest c. Discovery d. Occupation
14. Connotes the exercise of power in a violent manner.
a. Authority b. Coercion c. Influence d. Persuasion
15. The following are ways to measure power EXCEPT.
a. Differences in the scope of the responses.
b. Sameness in the scope of the responses.
c. The amount of change in the position of the actor influenced
d. The costs of compliance.

98
II. TRUE OR FALSE. Write true if the statement is correct or false if the statement is incorrect.
1. Politics is a process by which groups of people do not make collective decisions.
2. Power is the ability of one actor (A) to make another (B) do something s/he (B)
would not otherwise do.
3. Philippines and China are archipelagic type of countries.
4. The Philippines is a democratic and republican State.
5. One who possesses and exercises political power must be a government official.
6. There is a specific number of people required in order that a state be considered
as one.
7. An exclusive economic zone extends from the outer limit of the territorial sea to
a maximum of 100 nautical miles.
8. The subsoil is everything beneath the surface soil and the seabed including
mineral and natural resources.
9. Conquest first takes place followed by annexation of a new territory.
10. The Catholic Church when trying to block the passage of RH Bill in Congress
means they are exercising their political influence.
11. Discovery alone would suffice to establish legal title over new territory of a
state.
12. The political authority exercised by a government may become illegitimate if
most of the citizens do not comply anymore to the decisions made by the
government.
13. Being an active member of League of Filipino Students (LFS) is considered to be
a political behavior or exercise.
14. Any government has no control of all the economic resources within its
exclusive economic zone.
15. One of the limitations of archipelagic doctrine is that any archipelagic country
has to respect the right of a the ship and other states to pass through the
territorial as well as archipelagic waters.

99
 EXERCISE 3

Name: _______________________________________________ Course/Yr. Level: __________________________________

Professor: ___________________________________________ Class Schedule: ____________________________________

Instructions: On the given puzzle below, encircle a total of ten (10) terms related to the idea
of government and give its definition using the remaining spaces of the page.

P R E S I D E N T I A L O D
T A R P P K Y P M D L O P E
T A R I S T O C R A C Y A M
H O V E R N M E N T T R S O
G M Z X N A T I O N E V T C
I Y I P A S E E G W T M N R
R R T A X A T I O N W E E A
E U A G H W E P O I T L M T
N J K K W R E M A I U E A I
I E N D E C F A C T O C I C
V D M V I D S A L M R T L E
I D O L I G A R C H Y I R R
D S O F S A F S L R E V A T
D P A D G H J K L K R E P E

100
101
 EXERCISE 4

Name: _______________________________________________ Course/Yr. Level: __________________________________

Professor: ___________________________________________ Class Schedule: ____________________________________

Instructions: Read the article below and answer the questions for five (5) points each.

DFA: PHL govt ready to defend stance on Spratlys row

08/03/2011 | 01:40 PM 

 Source: gmanews.tv

 The Philippines is ready to defend its stance on the Spratlys dispute even though China reportedly accused
Filipino authorities of lacking a sincere desire to resolve West Philippine Sea territorial disputes.

“We maintained that what is ours is ours and are prepared to validate our position in accordance with
international law, specifically UNCLOS [United Nations Convention on the Law of the Sea]," Foreign Affairs
Secretary Albert del Rosario said in a statement.

He also maintained that the Philippines is committed to a rules-based regime and to a peaceful resolution to
the issue of the West Philippine Sea (South China Sea).

The ruling Communist Party’s flagship People’s Daily reported that the recent construction work by Philippine
troops on Spratlys violates the spirit of a preliminary agreement reached last month to resolve disputes in the
West Philippine Sea.

It only means that Manila had merely been putting on “a little show," the said, adding that China won’t sit
nonchalantly by while its territory is swallowed up by others.

The Spratlys — a group of islets in the West Philippine Sea (South China Sea) and believed to be rich in oil and
gas deposits — are being claimed in whole or in part by China, Taiwan, Vietnam, Malaysia, Brunei, and the
Philippines. — JE, GMA News

1. Based on the article above and on what you know, why is it China, our country, and other
ASEAN countries wanted so much to possess the whole or part of Spratly Islands?
2. What ideological differences between claimant countries on the disputed island that
somehow muddles or increases the tensions of contending parties? Explain these
ideological differences.
3. In your own personal opinion, how will you resolve the conflict?

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