Philippine

Constitution
What is a constitution?
It is a written instrument by which
the fundamental powers of
government are established,
limited and defined and by which
the powers are distributed among
several departments for their safe
and useful exercise for the
benefits of the body politics.
What is a constitution?
It is a written charter enacted and
adopted by the people of the
state, through a convention of
representatives or in any way the
people may choose to act,
which a government for them is
ordained or established.
Nature & Purpose of
Constitution
 Serves as the supreme or
fundamental law
 Establishes basic framework and
underlying principles of government
TYPES OF CONSTITUTION
1. Written
2. Unwritten
3. Conventional or enacted - ginawa
4. Cumulative or evolved -
pinagsama
5. Rigid or inelastic
6. Flexible or elastic
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 Philippine Constitutional
History
1986 Provisional
1
1899 Malolos 1973
Constitution 3 Constitution 5
“Freedom”
Constitution

1935
4
1943 1987
2 Commonwealth Constitution 6 Constitution
Constitution
 PARTS OF A
CONSTITUTION

Constitution of Government

Constitution of Liberty

Constitution of Sovereignty

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 Constitution of GOVERNMENT

Provisions which
set up the
governmental
structure

Articles VI, VII, VIII, IX and X

Constitution of LIBERTY

Provisions which
guarantee
individual
fundamental
liberties against
governmental
abuse
Articles III, IV, V, XII, XIII, XIV & XV
Constitution of SOVEREIGNTY

Provisions which
outline the process
whereby the
sovereign people
may change the
constitution
Articles II, Section 1 and XVII
 PARTS OF THE CONSTITUTION
Art. I – National Territory
Art. II – Declaration of Principles and State
Policies
Art. III – Bill of Rights
Art. IV – Citizenship
Art. V – Suffrage
Art. VI – Legislative Department
Art. VII – Executive Department
 PARTS OF THE CONSTITUTION

Art. VIII – Judicial Department

Art. IX – Constitutional Commissions
(COA, CSC, COMELEC)
Art. X – Local Government
Art. XI – Accountability of Public Officers
Art. XII – National Economy and Patrimony
 PARTS OF THE CONSTITUTION
Art. XIII – Social Justice and Human Rights
Art. XIV – Education, S & T, Arts, Culture
and Sports
Art. XV – The Family
Art. XVI – General Provisions
Art. XVII – Amendments or Revisions
Art. XVIII – Transitory Provisions
Basic principles underlying
the 1987 Constitution
1. Recognition of the aid of Almighty God;
2. Sovereignty of the people;
3. Renunciation of war as an instrument of
national policy;
4. Supremacy of civilian authority over the
military;
5. Separation of church and State;
6. Recognition of the importance of the
family as a basic social institution and of
the vital role of the youth in nation building;
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7. Guarantee of human rights;
8. Government through suffrage;
9. Separation of powers;
10. Independence of the judiciary;
11. Guarantee of local autonomy;
12. High sense of public service morality and
accountability of public officers;
13. Nationalization of natural resources and certain
private enterprises affected with public interest;
14. Non-suability of the State;
15. Rule of the majority; and
16. Government of laws and not of men.

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A republican government is a democratic govt by representatives chosen by
the people at large (indirect rule).
“democratic” was added bec it embodies some features of a pure democracy
such as initiative and referendum.
An independent foreign policy simply means one that is not
subordinate or subject to nor dependent upon the support of
another government
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.
Family is a basic social institution.
-The community’s first socializing agency
-An institution of unique social value
-foundation of the nation

Marriage is a status or relation of one MAN and

WOMAN, legally united for life, with rights and
obligations which are governed by law and not subject
to private stipulations. In this aspect, marriage is an
inviolable social institution in the maintenance of which
the public is deeply interested, for it is the foundation of
the family and society, without which there could
neither civilization nor progress.
 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.
ARTICLE XVI
GENERAL PROVISIONS
“General Provisions” is a catch-all chapter for a wide
range of subjects of national importance left out of the
rest of the new Constitution.
 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.
 Flag is made of two stripes: red and blue, white
triangle to the left and inside of it is 8 rays and at
each angle is a 5 pointed star.
 Red color – represents Filipino valor; Blue – Filipino resistance to
foreign invaders can also be peace, truth, justice and
brotherhood; white – Filipino capacity for self-determination &
purity
 3 stars indicated the solidarity of Luzon, Visayas & Mindanao
 Sun symbolizes Liberty; 8 rays represents the provinces (Manila,
Bulacan, Pampanga, Nueva Ecija, Tarlac, Laguna, Batangas, and
Cavite) which first took up arms against Spain.
 White triangle stands for equality. It represents the Katipunan
 The present flag was sewn at 535 Morrison Hill in Hongkong by
Marcela M. Agoncillo (wife of Felipe Agoncillo) from May 12-17
1898 on orders of Gen. Emilio Aguinaldo (designer of the original
flag). It was officially hoisted in Kawit, Cavite at 4:30 in the
afternoon from the balcony of Gen Aguinaldo’s house on June
12, 1898.
 In times of peace when the flag is flown from a flagpole, the blue
field is on top and in times of war, the red is on top.
 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.
 Referendum "the power of the electorate to approve or reject a
legislation through an election called for the purpose.
 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.
 The citizen army concept calls for a core of regular army men
training young citizens to form the larger base of army manpower
which could be mobilized in case of emergency… All citizens of the
country are members of the citizen force. Thus, the government
may call upon the people to defend the State and in the fulfillment
thereof, all citizens may be required to render personal, military or
civil service.
 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.cralaw
 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.
 Separation of the PNP from the Phil Constabulary
 The national character is intended to insure the continuing
professionalization of public safety services and the establishments
of standards concerning force, size, organizational structure,
personnel qualifications, and discipline, equipage and facilities,
ranks and salaries, operational procedures, and training, taking note
of urban and rural differences.
 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 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 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.