SOCIAL SCIENCES
The Prime
Lecimar Esdrelon
Law and Government (Philippines)
Constitution – the fundamental law of the land.
The Constitution of the Republic of the Philippines
provides that “all educational institutions shall include the
study of the Constitution as part of the curricula.
History of the Philippine Constitution:
 The 1897 Biak-na-Bato, promulgated the
Philippine Revolutionary Government on
November 1, 1897 is the provisionary
constitution. It provides that the Supreme
Council, vested with the supreme power of
government, shall conduct foreign relations, war,
the interior, and the treasury.
 The 1899 Political Constitution of the Republic,
known as the Malolos Constitution approved by
Emilio Aguinaldo on January 21, 1899 and
served as the constitution of the First Philippine
Republic. It provides for a parliamentary form of
government, but the President, and not a Prime
Minister, acts as head of government. Legislative
power is exercised by the Assembly of
Representatives of Nation, and judicial power is
lodge in a Supreme Court.
 The 1935 Constitution ratified on May 17, 1935
establishes the Commonwealth of the Philippines
defining its powers, composition and organization
as it function as the Government of the Philippine
Islands. It is based on the principle of separation
of powers among the three branches of
government. Executive power is vested in the
President and shall serve for a single-six year
term. Legislative power is vested in a unicameral
National Assembly, and judicial power is
exercised by the Supreme Court. It also provides
that upon the proclamation of Philippine
Independence, the Commonwealth of the
Philippines shall be known as the Republic of the
Philippines.
 The 1943 Constitution was drafted by a
committee appointed by the Philippine Executive
Commission. Anti – US stand.
 The New Society and Fourth Republic. The 1973
Constitution promulgated after Marcos’
declaration of Martial Law. This is to introduced a
parliamentary style of government. Legislative
power was vested in a unicameral National
Assembly where members were elected for six-
years term. Executive power was meant to be
exercised by the Prime Minister.
Minister was to be the head of government and
Commander-in-chief of the Armed Forces. This
was amended in 1976 where an Interim
Batasang Pambansa substituting the Interim
National Assembly. The President would also
become the Prime Minister.
 Freedom Constitution (1986)
The Constitution establishes a democratic
republican state, where sovereignty resides in
the people and all government authority
emanates from them (Section 1 Article II)
The Constitution is divided into 18 parts (excluding the
Preamble) which are called Articles.
 Article I - National Territory
 Article II - Declaration of Principles and State
Policies
 Article III - Bill of Rights
 Article IV - Citizenship
 Article V - Suffrage
 Article VI - Legislative Department
 Article VII - Executive Department
 Article VIII - Judicial Department
 Article IX - Constitutional Commission
 Article X - Local Government
 Article XI - Accountability of Public Officers
 Article XII - National Economy and Patrimony
 Article XIII - Social Justice and Human Rights
 Article XIV - Education, Science and Technology,
Arts, Culture and Sports
 Article XV - The Family
 Article XVI - General Provisions
 Article XVII - Amendments or Revisions
 Article XVIII - Transitory Provisions
Legislative Department:
It is vested in the Congress of the Philippines which
consists of the Senate and House of Representatives.
The district and electoral representatives are elected for a
term of three years. Senators are elected to a term of six
years. They can be re-elected but may not run for a third
consecutive term.
Article VI 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 5.
 1. The House of Representatives shall be 1. The Supreme Court shall be composed of a
composed of not more than two hundred and fifty Chief Justice and fourteen Associate Justices. It
members, unless otherwise fixed by law, who may sit en banc or in its discretion, in division of
shall be elected from legislative districts three, five, or seven Members. Any vacancy shall
apportioned among the provinces, cities, and the be filled within ninety days from the occurrence
Metropolitan Manila area in accordance with the thereof.
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, Other court types of courts, of varying jurisdiction around
regional, and sectoral parties or organizations. the archipelago, are the:
Lower Collegiate Courts:
2. The party-list representatives shall constitute
twenty per centum of the total number of  Court of Appeals
representatives including those under the party  Court of Tax Appeals
list. For three consecutive terms after the  Sandiganbayan
ratification of this Constitution, one-half of the
seats allocated to party-list representatives shall Regular Courts:
be filled, as provided by law, by selection or
election from the labor, peasant, urban poor,  Court of Appeals
indigenous cultural communities, women, youth,  Regional
and such other sectors as may be provided by  Municipal Circuit Trial Courts
law, except the religious sector.
Muslim Courts

 Sharia District Courts

Executive Department  Sharia Circuit Courts

It is vested in the President. The President is also the

Commander-in-chief of the Armed Forces of the Office of the Ombudsman
Philippines, and is elected by a popular vote to a term of
Given the mandate to investigate and prosecute any
six years. He can appoint his own cabinet. The Cabinet
government official allegedly guilty of crimes especially
secretaries will have to appointed and confirmed by the
Graft and Corruption.
Commission on Appointments.

Article VII MANDATE OF THE SANDIGANBAYAN

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.
SEC. 5. The Batasang Pambansa shall create a special
court, to be known as Sandiganbayan, which shall have
jurisdiction over criminal and civil cases involving graft
and corrupt practices and such other offenses committed
by public officers and employees, including those in
government-owned or controlled corporations, in relation
to their office as may be determined by law. (Art. XIII),
1973 Constitution.

Judicial Department SEC. 4. The present anti-graft court known as the

Sandiganbayan shall continue to function and exercise its
It is vested in the Supreme Court of the Philippines, and
jurisdiction as now or hereafter may be provided by law.
lower courts established by laws. The Chief Justice will
(Art. XI), 1987 Constitution.
be the head and composed of 14 associate justices. The
justices serve at the age of 70. They are appointed by the Administrative divisions:
President with the recommendation of the Judicial Bar
Council. The sitting Chief Justice is Maria Lourdes 1. Autonomous regions
Sereno, the 24th to serve in the position. 2. Provinces
3. Municipalities
Article VIII 4. Barangays

Section 4. Three inherent powers of the State:

 1. Police Power – is the power promoting the public welfare
by restraining and regulating the use of both liberty and
property of all people. It is considered to be the most
encompassing of all powers it may exercised only by the
government. The
2. Power of eminent domain – power of the state to forcibly
take private property for public use upon payment of just
compensation.
3. Power of Taxation – exacts enforced proportional
contribution from the people, property and exercise of a right
within its territory to raise revenue for the purpose of defraying
the necessary expenses of the government.

SPECIFIC PROVISIONS OF THE CONSTITUTION:

ARTICLE III BILL OF RIGHTS

 Due process – fair treatment through the normal

judicial system, especially as a citizen’s
entitlement.
 Writ of habeas corpus – directs a person, usually
a prison warden, to produce the prisoner and
justify the prisoner’s detention.
 Writ of amparo – an equitable and extraordinary
remedy to safeguard the right of the people, life,
and security as provided in the 1987 constitution.
 Double jeopardy – is a procedural defence that
forbids a defendant from being tried again on the
same (or similar) charges following a legitimate
acquittal or conviction.

THE LIFE, WORKS AND WRITINGS OF JOSE RIZAL

Name: Jose Protacio Rizal Mercado y Alonso Realonda

Date of Birth: June 19 1861

Death: December 30 1896

Novels:

Noli me Tangere (Touch Me Not)

El Filibusterismo ( a sequel)

Republic Act 1425 – requiring all high school and college

curricula a course in the study of his life, works and
writings.