Philippine Constitution

Hector S. De Leon
2008 Edition
Philippine Constitution
Hector S. De Leon
2008 Edition
Philippine Constitution
Hector S. De Leon
2008 Edition
Introductory

What is Politics?

Politics is the struggle for power between and among individuals. It is the art and science of governance the means
by which the will of the community is arrived at and implemented.

Elements of Politics (P-R-A-I)

POWER- The ability to persuade the other to do what one wishes by whatever means, it is the persuasive,
authoritative and coercive capacity to get things done

RULE-Regulation to the conduct of man

AUTHORITY- The power inherent to one’s position that allows him to perform or exercise his
function and assumes delegated responsibilities

INFLUENCE-The power exerted over others on the basis of one’s position, wealth, intellect, skills,
degree of accomplishment etc.

What is governance?
According to the United Nations
Development Program (UNDP)
Governance is defined as the
exercise of political, economic and
administrative authority in the
management of a country’s
affairs on all levels
What is governance?
According to the United Nations Development Program (UNDP) Governance is defined as the exercise of political,
economic and administrative authority in the management of a country’s affairs on all levels.

Characteristics of good governance

1. Participation
2. Rule of Law
3. Transparency
4. Responsiveness
5. Consensus-Oriented
6. Equity
7. Effectiveness and Efficiency
8. Accountability
9. Strategic Vision
10. Simplicity of Procedure
11. Fight against Corruption
12. Individual freedom and collective expression
13. Independence of the legal system

Concepts of State and Government

Meaning of state
A state is a community of persons more or less numerous, permanently occupying a definite territory,
having a government of their own to which a great body of inhabitants render obedience, and enjoying freedom
from external control. The Philippines is a state.
Elements of state

The modern state has four (4) essential elements. They are:

People- this refers to the mass of population living within the state. Without people there can be no functionaries
to
govern and no subjects to be governed. There is no requirement as to the number of people that should compose a
state. But it should either be too small or too large: small enough to be well governed and large enough to be self-
sufficing.

Territory- it includes not only the land over which the jurisdiction of the state extends, but also the rivers and lakes
therein, a certain area of the sea which abuts upon its coasts and the air space above it. Thus, the domain of the
state
may be described as terrestrial, fluvial, maritime and aerial.

Government- it refers to the agency, through which the will of the state is formulated, expressed and carried out.
The
word is sometimes used to refer to the person or aggregate of those persons in whose hands are placed for the
time
being the function of political control. This “body of men” is usually spoken of as “administration”. The ordinary
citizens of a country are a part of the state, but are not part of the government.

Sovereignty- the term may be defined as the supreme power of the state to command and enforce obedience to its
will from the people within its jurisdiction and corollary, to have freedom from foreign control. It has, therefore,
two
manifestations:
(a) internal or the power of the state to rule within its territory
(b) external or the freedom of the state to carry out its activities without subjection to control by other states.
External sovereignty is often referred to as independence. This internal and external aspects of sovereignty are not
absolutely true on practice because of the development of international relations and consequently, of
international law.
Origin of states
There are several theories concerning the origin of states, among which are:
Divine right theory. – It holds that the state is of divine creation and the ruler is ordained by God to govern the
people Reference has been made by advocates of this theory to the laws which Moses received at Mount Sinai;

Necessity or force theory.- It maintains that states must have created through force, by some great warriors who
imposed their will upon the weak;

Paternalistic theory.- It attributes the origin of states to the enlargement of the family which remained under the
authority of the father or mother. By natural stages, the family grew into clan, then developed into tribe which
broadened into a nation, and the nation became a state;

Social contract theory.- It asserts that the early states must have been formed by deliberate and voluntary compact
among people to form society and organize government for their common good. This theory justifies the right of
the people to revolt against a bad ruler.
History has shown that elements of these theories have played an important part in the formation and
development of states.

State distinguished from nation

The state is a political concept while nation is an ethnic concept. A nation is a group of people bound together by
certain characteristics such as common social origin, language, customs, traditions, and who believe that they are
one and distinct from others. The term is more strictly synonymous with “people”. A state is not subject to external
control while a nation may or may not be independent of external control. A single may consist of one or more
nation or peoples and conversely, a single nation may be made up of several states. The United States is a melting
pot of several nationalities. On the other hand, the Arab nation is divided politically into several sovereign states.
Among them are: Egypt, Saudi Arabia, Jordan, Syria, Lebanon and others. The Philippines is a state composed of
one nation.

State distinguished from government

The government is only the agency through which the state expresses its will. A state cannot exist
without a government, but it is possible to have a government without a state. Thus we had various governments
at different periods of our history, from the Barangay times to the present. There was no Philippine state during
those periods when we were under foreign domination. A government may change, but the state, as long as
essential elements are present, remains the same.

Purpose and necessity of government

Advancement of the public welfare. - Government exists and should continue to exist for the benefit of the people
governed. It is necessary for the protection of the society and its members, the security of persons and property,
the administration of justice, the preservation of the state from external danger, and the advancement
of physical, economic, social, and cultural well-being of the people.

Consequence of absence. – Government exists to do these things which by their very nature, it is better equipped to
administer for the public welfare than any private individuals or group of individuals. It is obvious that without an
organized structure of government, anarchy and disorder, and a general feeling of fear and insecurity will prevail in
society, progress and development will not be possible, and values taken for granted in a free modern society such
as truth, freedom, justice, equality, rule of law, and human dignity can never be enjoyed. The need for government
is so apparent that even the most primitive societies , history shows, had some form of it.

Forms of government

The principal forms are the following:

As to the number of persons exercising sovereign powers:

(A) Monarchy or one in which the supreme and final authority is in the hands of a single person without regard to
the source of his election or the nature or duration of his tenure. Monarchies are further classified into two:

(1) Absolute monarchy or one in which the ruler rules by divine right; a

(2) Limited monarchy or one in which the ruler rules in accordance with a constitution.

(B) Aristocracy or in which political power is exercised by a few of privileged class which is known as an aristocracy
or oligarchy; and

(C) Democracy or in which political power is exercised by a majority of the people. Democratic governments are
further classified into:

(1) Direct or pure democracy or in which the will of the state is formulated or expressed directly and immediately

through the people in a mass meeting of primary assembly rather than through the medium of
delegates or representatives chosen to act for them and;

(2) Indirect, representative, or republican democracy or in which the will of the state is formulated and expressed

through the agency of a relatively small and select body of persons chosen by the people to act as their
representatives.

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

(1) Unitary government or one in which the control of national and local affairs is exercised by the central or
national

government; and

(2) Federal government or in which the powers of government are divided between t wo sets of organs, one for the

national affairs and the other for local affairs, each organ being supreme within its own sphere. The United States is
a federal government.

As to the relationship between the executive and legislative branches of the government:

(1) Parliamentary government or one in which the state confers upon the legislature the power to terminate the

tenure of office of the real executive. Under this system, the cabinet or the ministry is immediately and
legally responsible to the legislature and immediately and legally responsible to the electorate, while the titular or
nominal executive- Chief of State- occupies a position of irresponsibility; and

(2) Presidential government or one in which the state makes the executive constitutionally independent
of the legislature as regards his tenure and to a large extent as regards his policies and acts, and furnishes him
with sufficient powers to prevent the legislature form trenching upon the sphere marked out by the
constitution as executive independence and prerogative.

Concept of Constitution
Meaning of constitution

A body of rules and principles in accordance with which the powers of sovereignty are regularly exercised. With
particular reference to the Constitution of the Philippines, it may be defined and by which the fundamental powers
are distributed among the several departments or branches for their safe use and useful exercise for the benefit of
the people.

Nature and purpose or function of constitution

Serves as the supreme or fundamental law. - a constitution is the charter creating the government. It has the status
of the supreme or fundamental law as it speaks for the entire people from whom it derives its claim to obedience.
It is binding on all individual citizens and all the organs of the government. It occupies the highest level in the
hierarchy of laws. It is the law which all the other laws must conform and in accordance with which all private rights
must be determined and all public authority administered. It is the test of the legality of all governmental actions,
whether proceeding from the highest official or lowest functionary. Establishes basic framework and underlying
principles of the government. – The constitution is referred to as the organic or basic law being or relating to the
law by virtue of which the government exists such. Its purpose is to prescribe the permanent framework of the
system of the government and to assign to the different departments or branches, their respective powers and
duties, and to establish certain basic principles on the government is founded. It is primarily designed to preserve
and protect the rights of individuals against the arbitrary actions of those in authority. Its function is not to
legislate in details but to set limits on the otherwise unlimited power of the legislature.

Meaning of constitutional law

Constitutional law may be defined as that branch of public law which treats of constitutions, their nature,
formation, amendment, and interpretation. It refers to the law embodied in the Constitution as well as the
principles growing out of the interpretation and application made by courts of the provisions of the Constitution in
specific cases. Thus, the Philippine Constitution lies scattered in thousands of Supreme Court decisions.

The Preamble

The term preamble is derived from the Latin preambulare which means “to walk before”. It is an introduction to
the main subject. It is the prologue of the Constitution.
The Filipino People- sovereign, the source of authority
Imploring the aid of Almighty God- declares and affirms their belief in the existence of a Supreme Being that guides
the destiny of men and nations.

National Territory (Article I)

The Philippine Territory comprises:
(1) The Philippine Archipelago with all the islands and waters embraced therein;
(2) All other territories over which the Philippines has sovereignty or jurisdiction;
(3) The terrestrial, fluvial, and aerial domains including in the territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas thereof; and
(a) Territorial sea- part of the sea extending 12 nautical miles (19 km) from the low watermark.

(4)Internal waters.
Archipelago- derived from the Greek
word pelages meaning “sea”. It has
been defined as a sea of part of the 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. In other words, it
includes both sea and islands
which geographically may be
considered as an
independent whole.
(4)Internal waters.
Archipelago- derived from the Greek word pelages meaning “sea”. It has been defined as a sea of part of the 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. In other words, it includes both sea and islands which geographically may be
considered as an independent whole.

Three-fold division of navigable waters

From the standpoint of international law, the waters of the earth are divided into:
(1) Inland or internal waters - parts of the sea within the land territory. In the same light considered as rivers,
canals,
and lakes within the land territory of a state. They are also called national waters.
(2) Territorial sea. – The belt of water outside and parallel to the coastline or to the outer limits of the inland or
internal waters.
(3) High or open seas. – Waters that lies seaward of the territorial sea.

Jurisdiction over navigable waters

The state can exercise its jurisdiction over territorial waters but foreign vessels have the right of innocent passage
through territorial sea.

The archipelagic concept of principle of territoriality

Archipelago doctrine- according to the Law of the Sea, an archipelago shall be regarded as a single unit, so that
waters
around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimension s,
form
part of the internal waters of the state, subject to its exclusive sovereignty.
1. Terrestrial Domain- refers to land
whether agricultural, forest, timber
mineral lands and national parks under
the
sovereignty and jurisdiction of the
Philippines.
In fact, take a look at Article XII:
“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.”
This is otherwise referred to as the
“REGALIAN DOCTRINE”
2. Aerial Domain- refers to the
airspace above the territorial lands and
waters of the Philippines.
Airspace is an affirmation of the
generally accepted principle of
international law found in the
International
Convention of Civil Aviation also
known as the Chicago Convention.
Chicago Convention established the
principle that states have complete and
exclusive sovereignty over the air
space
above its territory and state aircrafts
are not allowed to fly over the territory
of another state or land thereof without
authorization by special agreement or
otherwise in accordance with the terms
thereof
In other words, the state has a
complete control over its airspace.
1. Terrestrial Domain- refers to land whether agricultural, forest, timber mineral lands and national parks under the
sovereignty and jurisdiction of the Philippines.
In fact, take a look at Article XII:

“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.”

This is otherwise referred to as the “REGALIAN DOCTRINE”

2. Aerial Domain- refers to the airspace above the territorial lands and waters of the Philippines.
Airspace is an affirmation of the generally accepted principle of international law found in the
International Convention of Civil Aviation also known as the Chicago Convention.

Chicago Convention established the principle that states have complete and exclusive sovereignty over the air
space
above its territory and state aircrafts are not allowed to fly over the territory of another state or land thereof
without
authorization by special agreement or otherwise in accordance with the terms thereof
In other words, the state has a complete control over its airspace.

Constitutional history

The Philippines had long been used as a trading port in Asia, and this led to their colonization by the Spanish and
later by the Americans. The Spanish converted most of the population to Catholicism and the religion remains the
dominant one in the country. During the later part of more than 300 years of Spanish rule, nationalist sentiment
began to grow among groups of Indios (which was how the Spanish referred to the Filipinos), fuelled in large
measure by the writings of national hero Jose Rizal (later executed by the Spanish authorities) and other ilustrados
(the Filipino intellegensia). A revolution was launched against Spain and the revolutionaries declared Philippine
independence in Kawit, Cavite on June 12, 1898. What became known as the Malolos Congress was convened on
September 15, 1898 and the first Philippine Constitution, called the Malolos Constitution, was approved on January
20, 1899, ushering what is called the First Philippine Republic. In the Spanish-American War of 1898, the
revolutionaries sided with the Americans, hoping that, with the defeat of Spain, independence would be granted by
the US to the Philippines. This, however, did not happen. After Spain ceded (or sold) the islands to the United
States in the Treaty of Paris, the US immediately proceeded to brutally suppress the Philippine independence
movement.

In 1916, the US passed the Jones Act which specified that independence would only be granted upon the formation
of a stable democratic government modelled on the American model, not the French model as the previous
constitution had been. The US approved a ten-year transition plan in 1934 and drafted a new constitution in 1935.
World War II and the Japanese invasion on December 8, 1941, however, interrupted that plan. After heroic Filipino
resistance against overwhelming odds finally ended with the fall of Bataan and Corregidor in 1942, a Japanese
“republic” was established, in reality, a period of military rule by the Japanese Imperial Army. A new constitution
was ratified in 1943 by Filipino collaborators who were called the Kapisanan sa Paglilingkod ng Bagong Pilipinas
(Kalibapi). An active guerilla movement continued to resist the Japanese occupation. The Japanese forces were
finally defeated by the Allies in 1944 and this sorry chapter came to a close.

Philippine independence was eventually achieved on July 4, 1946. The 1935 Constitution, which featured a political
system virtually identical to the American one, became operative. The system called for a President to be elected at
large for a 4-year term (subject to one re-election), a bicameral Congress, and an independent Judiciary.

Independence to martial law

From the moment of independence, Filipino politics have been plagued by the twin demons of corruption and
scandal. Notwithstanding, Presidents Ramon Magsaysay (1953-57), Carlos Garcia (1957-61), and Diosdado
Macapagal (1961-65) managed to stabilize the country, implement domestic reforms, diversify the economy, and
build Philippine ties not only to the United States, but also to its Asian neighbours.

Ferdinand Marcos was elected president in 1965 and was re-elected in 1969, the first president to be so re-elected.
Desirous of remaining in power beyond his legal tenure, he declared martial law in 1972, just before the end of his
second and last term, citing a growing communist insurgency as its justification. He then manipulated an ongoing
Constitutional Convention and caused the drafting of a new constitution – the 1973 Constitution – which allowed
him to rule by decree until 1978 when the presidential system of the 1935 Constitution was replaced with a
parliamentary one. Under this new system, Marcos held on to power and continued to govern by decree,
suppressing democratic institutions and restricting civil freedoms. In 1981, martial law was officially lifted, but
Marcos continued to rule by the expedient of being “re-elected” in a farce of an election to a new 6-year term. He
continued to suppress dissent and thousands of vocal objectors to his rule either mysteriously disappeared or were
incarcerated. Despite economic decline, corruption allowed Marcos and his wife Imelda to live extravagantly,
causing resentment domestically and criticism internationally.

The people’s choice

When opposition leader Benigno Aquino Jr. was assassinated upon returning from exile in 1983, widespread
outrage forced Marcos to hold “snap” elections a year early. The election was marked by fraud on the part of
Marcos and his supporters but Marcos had himself declared the winner constitutionally, amidst international
condemnation and nationwide domestic protests. A small band of military rebels tried to mount a coup, which
failed because of its discovery, but this triggered what became internationally celebrated as the “People Power”
revolution, when droves of people spilled out onto the streets to protect the rebels, eventually numbering well
over a million. Under pressure from the United States, Marcos and his family fled into exile. His election opponent,
Benigno Aquino Jr.’s widow Corazon, was installed as president on February 25, 1986.

As to the number of persons exercising

sovereign powers:
(A) Monarchy or one in which the
supreme and final authority is in the
hands of a single person without
regard to the
source of his election or the nature or
duration of his tenure. Monarchies are
further classified into two:
(1) Absolute monarchy or one in
which the ruler rules by divine right; a
(2) Limited monarchy or one in which
the ruler rules in accordance with a
constitution.
(B) Aristocracy or in which political
power is exercised by a few of
privileged class which is known as an
aristocracy or
oligarchy; and
(C) Democracy or in which political
power is exercised by a majority of the
people. Democratic governments are
further classified into:
(1) Direct or pure democracy or in
which the will of the state is
formulated or expressed directly and
immediately
through the people in a mass
meeting of primary assembly
rather than through the medium
of delegates or
representatives chosen to act for them
and;
(2) Indirect, representative, or
republican democracy or in which the
will of the state is formulated and
expressed
through the agency of a relatively
small and select body of persons
chosen by the people to act as their
representatives.
As to extent of powers exercised by
the central or national government:
(1) Unitary government or one in
which the control of national and local
affairs is exercised by the central or
national
government; and
(2) Federal government or in which
the powers of government are divided
between t wo sets of organs, one for
the
national affairs and the other for local
affairs, each organ being supreme
within its own sphere. The United
States is a
federal government.
As to the relationship between the
executive and legislative branches of
the government:
(1) Parliamentary government or one
in which the state confers upon the
legislature the power to terminate the
tenure of office of the real
executive. Under this system, the
cabinet or the ministry is
immediately and legally
responsible to the legislature and
immediately and legally responsible to
the electorate, while the titular or
nominal
executive- Chief of State- occupies a
position of irresponsibility; and
(2) Presidential government or one
in which the state makes the
executive constitutionally
independent of the
legislature as regards his tenure and to
a large extent as regards his policies
and acts, and furnishes him with
sufficient
powers to prevent the legislature
form trenching upon the sphere
marked out by the constitution as
executive
independence and prerogative.
Concept of Constitution
Meaning of constitution
A body of rules and principles in
accordance with which the powers of
sovereignty are regularly exercised.
With
particular reference to the Constitution
of the Philippines, it may be defined
and by which the fundamental powers
are
distributed among the several
departments or branches for their safe
use and useful exercise for the benefit
of the
people.
Nature and purpose or function of
constitution
Serves as the supreme or fundamental
law. - a constitution is the charter
creating the government. It has the
status of
the supreme or fundamental law as it
speaks for the entire people from
whom it derives its claim to
obedience. It is
binding on all individual citizens and
all the organs of the government. It
occupies the highest level in the
hierarchy of
laws. It is the law which all the other
laws must conform and in accordance
with which all private rights must be
determined and all public authority
administered. It is the test of the
legality of all governmental actions,
whether
proceeding from the highest official or
lowest functionary.
Establishes basic framework and
underlying principles of the
government. – The constitution is
referred to as the
organic or basic law being or relating
to the law by virtue of which the
government exists such. Its purpose is
to
prescribe the permanent framework of
the system of the government and to
assign to the different departments or
branches, their respective powers and
duties, and to establish certain basic
principles on the government is
founded. It
is primarily designed to preserve
and protect the rights of
individuals against the arbitrary
actions of those in
authority. Its function is not to
legislate in details but to set limits on
the otherwise unlimited power of the
legislature.
Meaning of constitutional law
Constitutional law may be defined as
that branch of public law which treats
of constitutions, their nature,
formation,
amendment, and interpretation. It
refers to the law embodied in the
Constitution as well as the principles
growing out
of the interpretation and application
made by courts of the provisions of the
Constitution in specific cases. Thus,
the
Philippine Constitution lies scattered
in thousands of Supreme Court
decisions.
The Pream