READINGS IN PHILIPPINE HISTORY

Main Topic IV: The Philippine Constitution

Lesson 1: The Meaning of Constitution

Constitution Defined

A Constitution is defined as the fundamental law of a nation or state. It is the constitution that establishes
the character and basic principles of the government. The system that runs the government is often codified in
this written document, which forms the fundamental rules and principles by which an organization is managed.
It is these same principles that make clear the rights of the individual and creates limitations to government power.
A constitution is also described as “the highest expression of the law.”

Some constitutions, such as the constitution of the United Kingdom are uncodified, but written in
numerous fundamental Acts of legislature, court cases or treaties.

The constitution of India is the longest written constitution of any sovereign country in the world,
containing 444 articles in 22 parts, 12 schedules and 118 amendments, with 146, 585 words in its English-
language version. On the other hand, the constitution of Monaco is the shortest written constitution, containing
10 chapters with 97 articles, and a total of 3,814 words.

Purposes of a Constitution

1. It prescribes the framework of the system or the kind of government that will exist in the state.
2. It creates the different departments and specifies their respective functions and duties.
3. It is the source of the sovereign powers of a government by establishing the fixed, first or basic principles
on which the government is founded.
4. It promotes public welfare, which involves the safety, prosperity, health, and happiness of the people. The
constitution establishes the rights of the people which the government is obligated to protect. It guarantees
freedom of speech, freedom of the press, and freedom of religion.

The constitution is written by a constitutional convention which is a body assembled for the express
purpose of framing or writing a constitution, revising an existing one, or proposing amendments to it. According
to Article XVII, Section 3 of the 1987 Constitution, the Congress may, by a vote of two-thirds (2/3) 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.

After writing the constitution, the draft constitution or its amendments/revisions are submitted to a
plebiscite for ratification in which the people will decide whether it is acceptable to become a law of the land.
The results are then considered and followed by the government. This is different from a referendum in which a
law passed by a legislative body is brought before the people to be voted upon. The results, however, may or may
not be considered by the state.

Lesson 2: The Metamorphosis of the Philippine Constitution

At least seven (7) Philippine Constitutions were framed in our history.

1. The 1897 Constitution of Biak-na-Bato

The Philippine Revolution reached a stalemate in 1897 when the revolutionary forces of General Emilio
Aguinaldo fled to the mountains of Biak-na-Bato in San Miguel de Mayumo, Bulacan. The Spanish forces led by
Gen. Miguel Primo de Rivera realized that even though they could crush the rebels in Bulacan, it did not mean
the revolution would end for it was already widespread in the other provinces. The Spaniards soon sued for a
truce with the revolutionary forces.
 In order to consolidate the forces still fighting in the other provinces, Aguinaldo met with his leaders to
establish a recognized government. A revolutionary government had already been formed in March that year with
Aguinaldo as President in Tejeros, San Francisco de Malbon (now General Trias) in Cavite. It was this
government that was now in Biak-na-Bato.

An assembly of Filipino rebel leaders were called, and it was agreed that a republican form of government
would be formed. Two Filipinos, Isabelo Artacho and Felix Ferrer were tasked to write a constitution. Both
decided to adopt the previsions of the Constitution framed in Jimaguayu, Cuba and from this, the Constitution of
Biak-na-Bato was formulated.

The Constitution was promulgated by the Philippine Revolutionary Government on November 1, 1897
and became the provisionary constitution of the government during the Revolution against Spain.

In spite of being a copied constitution, the Biak-na-Bato Constitution had its own unique features: its
preamble reiterated the objective of the Revolution which was “the separation of the Philippine from the Spanish
monarchy and their formation into an independent state with its own government.” The government that was
formed was a Supreme Council composed of a President, a Vice-President, a Secretary of the Interior, a Secretary
of Foreign Relations, a Secretary of War, and a Secretary of the Treasury. This Council had sweeping powers of
government which included the power to issue orders and other laws for the security of the State, to impose and
collect taxes, to raise an army, to ratify treaties, and to convene an Assembly of Representatives. The official
language was Tagalog. The judiciary power was vested in another Supreme Council of Justice, Articles XXII to
XXV were essentially the Bill of Rights accorded in every Filipino.

This constitution was to last only for two years during which, at certain periods, it was superseded by laws
and decrees made by Aguinaldo.

2. The 1899 Malolos Constitution (1899-1901)

Following the defeat of Spain by the United States in the Spanish-American War in 1898, the Filipinos
began their task of creating the independent nation they valiantly fought for in 1896. On June 12, 1898, Philippine
independence was declared and two weeks later, Aguinaldo ordered the convening of a Congress in Malolos,
Bulacan. Elections were held for the delegates in the provinces that were already free from Spanish forces. For
the other areas where battles against Spaniards were still being fought, Aguinaldo appointed delegates. The
Malolos Congress had its inaugural session at Barasoain Church in Malolos, Bulacan on September 15, 1898,
amidst a large celebration and coverage by both the local and foreign press. The delegates then convened Congress
and elected its officers. One of its first acts was to ratify the Independence declaration in Kawit.

The Congress was originally conceived by presidential adviser Apolinario Mabini to be an advisory body
to the President, but another group led by Pedro Paterno decided to create a constitution to form a government
that would be recognized by foreign powers. Mabini was against this for he believed that peaceful conditions
should first prevail before a constitution should be drafted. He was, however, overruled by Paterno and his allies.
Discussion for the Constitution began on October 25 after the submission of a draft by Felipe Calderon. Calderon
drew inspiration from the constitutions of Mexico, Belgium, Guatemala, Costa Rica, Brazil, and France. One of
the heated discussions focused on the issue of the union of Church and State where Catholicism would be the
state religion. This proposal was voted on twice by the Congress. The first was a tie and the second voting session
resulted on the victory for separation by only one vote. The constitution was approved by the Malolos Congress
on November 29, 1898 and forwarded to President Aguinaldo for approval.

The original draft of the constitution, however, emphasized a popular government which means supreme
power is given to a legislative body since it is representative of the people. This means that the President as well
as the judiciary including the Supreme Court would be selected by the legislative body which, at that time, was
the Malolos Congress. Mabini objected to this proposal and the approval of the Constitution was delayed. The
amendments were made, and the document was finally approved by Aguinaldo on January 21.

The Malolos Constitution was the first republican constitution in Asia. Its main features were as follows:

1. It was based on democratic traditions in which the government formed was “popular, representative and
responsible” with three distinct branches--the executive, the legislative, and the judicial.
 2. It called for a presidential form of government with the president elected for a term of four years by the
majority of the Assembly convened as a constituent assembly.
3. It recognized the freedom of religion and the separation of the Church and State.
4. It emphasized and safeguarded the basic civil rights of not only Filipinos but foreigners, through a Bill of
Rights (Article XIX to XIXIII)
5. The approval of the Constitution and the creation of the republic did not end the strife between the
Congress and Mabini. Mabini was eventually replaced as president of the Cabinet several months later.

The first Philippine Republic was inaugurated on January 23, 1899, at Barasoain Church where Emilio
Aguinaldo took his oath of office as the first President of the Republic. This was followed by the reading of the
Malolos Constitution and the taking of the oath of loyalty by the Army.

The Malolos Republic was the first democratic government of the country. It had a form of governance
that included the management of social services, education, creation of an Army, a monetary system, and
diplomatic activities. It even had a government publication in order to spread to the foreign nations the ideals of
the new republic and to ask for support for its recognition.

The Republic, however, was a short-lived government. Its demise began at the start of the Philippine-
American War in February 1899 and ceased to exist with the capture of President Aguinaldo in Palanan, Isabela
in March 1901. By that time, the Americans had firmly established themselves as the new colonizers of the
Philippines with a military government running the country. In July 1901, they formally established the first civil
government in the islands.

3. The 1935 Constitution and the Commonwealth Government

For over a decade, the Americans ran the government in the Philippines with Filipinos given a role in the
legislative function when the Philippine Assembly was established in 1907. It was only during the administration
of Governor-General Francis Burton Harrison (1913-1921) that the Filipinization policy of the government put
in place. Filipinos were given a hand in running the country. Majority of the Philippine Commission members
and civil servants were replaced by Filipinos. Soon, the colonial administration placed much of country’s
governance in the hands of the Filipinos. One year later, the Jones Law of 1916 also known as the Philippine
Autonomy Act was passed by the US Congress.

The Jones Law reorganized the government with an American governor-general, a Cabinet, and an all-
Filipino legislature composed of the Senate and the House of Representatives. It also provided both executive and
legislative sectors power over domestic affairs. The new Philippine Legislature was inaugurated on October 16,
1916, with Sergio Osmeña as House Speaker and Manuel Quezon as Senate President. In addition to this, Harrison
also formed the Council of State as an advisory body to the governor-general.

Despite the American concession of letting the Filipinos run their own government, the prospect of
independence was not erased from the minds and hearts of the Filipinos. To address this, the Jones Law provided
the presence of two resident commissioners to the US to sit and observe the proceedings of the US Congress.
They were eventually replaced by a Commission on Independence or parliamentary missions in the US to petition
for Philippine independence.

From 1918 to 1932, there were at least five Philippine independence missions to the United States. The
efforts paid off with the creation and approval of the Tydings-McDuffie Law by the US Congress this law was
approve on March 24, 1934, and was known as the Philippines Independence Act. It provided for the drafting and
guidelines of a constitution for a 10-year “transitional period” government before the granting of independence.
This was known as the Commonwealth Government.

Following the signings of Tydings-McDuffie Law, the Philippine began to ready itself for its transition
from colonial country into a self-governing nation.

On July 10, 1934, an election was held to vote for the delegates to write a constitution for the Philippines.
Two hundred two delegates were elected, and convention was opened on July 30. The draft of the Constitution
was finished by January 31, 1935, and was approved by the convention by February 8. There was only one
dissenter, Tomas Cabili of Lanao, who felt that the Constitution did not serve the people of Mindanao.
 The Constitution was approved by US President Franklin Delano Roosevelt on March 23, 1935, and
ratified by the Filipino people in a plebiscite on May 14, 1935.

The 1935 Constitution of the Philippines served as the fundamental law of the land from 1935 to 1972. It
established the Commonwealth of the Philippines and provides that upon withdrawal of American sovereignty in
the country and the declaration of Philippine independence, the Commonwealth shall be known as the Republic
of the Philippines.

The 1935 Constitution enumerated the composition, powers, and duties of the three branches of the
government (the executive, the legislative, and the judicial) and created the General Auditing Office and laid
down the framework in the establishment of the civil service in the country. The other provisions included the
Bill of Rights, a provision for women’s suffrage giving the women the right to vote and to be part of the Philippine
politics for the first time. The creation of a Philippine Armed Forces for national defense, and the development
of the national language.

The framing of the 1935 Constitution was momentous event for Filipino people. It showed the Americans
that Filipinos had the capability for self-government with the creation of the Commonwealth Government in 1935
that led the country’s independence a decade later.

On September 17, 1935, the Philippines had its first presidential election. Outgoing Senate President
Manuel L. Quezon and former Senate president pro-tempore Sergio Osmeña teamed up as president and vice-
president under the Nacionalista Party. Former President Emilio Aguinaldo ran also for the presidency, with
Raymundo Melliza as his running mate under the National Socialist Party. Bishop Gregorio Aglipay of the
Philippine Independent Church and Norberto Nabong were the candidates of the revived Republican Party.
Pascual Racuyal ran as an independent candidate.

Quezon and Osmeña won as president and vice-president by a landslide. Quezon won in all provinces
except Cavite, which was pro-Aguinaldo, and Ilocos Norte, which was pro-Aglipay. Meanwhile, Osmeña won in
all provinces, except Cavite. Osmeña's feat has yet to be matched. Two months later, the Commonwealth of the
Philippines was inaugurated.

4. The Japanese Occupation and the Second Philippine Republic (1943 Constitution)

The Commonwealth Government was interrupted by the Second Word War and the Japanese Occupation
of the Philippines. The commonwealth under President Manuel Quezon went into exile in the United States. As
part of their policy of attraction in their Greater East Asia Co-Prosperity Sphere program, the Japanese offered to
grant the Philippines its independence.

Acting on the orders of the Japanese military, the Kapisanan ng Paglilingkod sa Bagong Pilipinas or
KALIBAPI, a Filipino political party that served as the political party during the Japanese occupation, convened
and elected a Philippine commission for Philippine Independence (PCPI) to write a new constitution. This was
finished and signed on September 4, 1943, in a public ceremony and ratified by the KALIBAPI a few days later.
On October 14, 1943, as provided for in the new constitution, the Second Philippine Republic was inaugurated
with Jose P. Laurel as President.

The 1943 Constitution was basically a condensed version of the 1935 Constitution consisting only of a
preamble and 12 articles. It was transitory in nature as it was only effective during the duration of the war. It
created a republic with three offices (executive, legislative, and judicial) but owing to the war, no legislature was
convened. Instead, the powers of government were concentrated with the President. The Bill of Rights basically
enumerated the citizen’s duties and obligations rather than their constitutional rights and Tagalog was declared
the national language.

The 1943 Constitution was recognized as legitimate and binding only in Japanese-controlled areas of the
Philippines but was ignored by the United States government and the Philippine Commonwealth government in-
exile. It was abolished eventually along with the Second Republic upon the liberation of the Philippines by
American forces in 1945 and the re-establishment of the Commonwealth in the Philippines.
5. The 1973 Constitution and the Marcos Dictatorship

On June 1, 1971, a Constitutional Convention was convened at the Manila Hotel. Its purpose was to write
a new constitution that would meet the new challenges confronting the Philippines Republic that developed since
it was formed in 1946. It was during the second term of President Ferdinand Marcos that the convention opened.
Almost immediately, the convention became controversial. The delegates concentrated more on speeches and
giving themselves allowances before actually sitting down to discuss the provisions of the new constitution.
Meanwhile, the peace and order situation brought about by the First Quarter Storm deteriorated with student
rallies and other protests rocking the metropolis. The biggest scandal came when Leyte delegate Eduardo Quintero
accused Marcos of bribing delegates to vote for a provision to extend the presidential term of office and to change
the form of government.

But the convention’s activities soon came to a temporary halt when President Marcos declared martial law
on September 21, 1972. He abolished Congress and reorganized the government. Several days later, the
convention was reconvened, and a draft constitution was finally finished and approved on November 30. Instead
of being ratified by a plebiscite, however, Marcos submitted it to ‘citizen assemblies’ that was formed to approve
or reject the new constitution. The plebiscite was held from January 10-15, 1972, and the constitution was
overwhelming approved. On January 17, 1973, President Marcos signed Proclamation No. 1102 declaring the
1973 Constitution ratified.

The 1973 Constitution provided for a parliamentary form of government in which the President was the
symbolic head of the state, and the Prime Minister was the head of government. The Prime Minister, who was
nominated by the president, acted as the head of the Cabinet.

Legislative power was vested in the Batasang Pambansa. The constitution also provided for the
establishment of the Civil Service commission, the Commission on Elections, and the Commission on Audit.
In 1981, amendments were made to the 1973 Constitution and the President was restored from a symbolic head
of state to its original status as the head of the state and chief executive of the country. The amended Constitution
also granted the President several powers and functions which were originally vested in the Prime Minister and
the Cabinet.

The 1973 Constitution remained in force until the February 22-25 EDSA People Power Revolution of
1986 which toppled the Marcos administration. It was abolished with the adoption of the 1986 Freedom
Constitution by the administration of President Corazon Aquino.

6. The 1986 Freedom Constitution

On March 24, 1986, President Aquino signed Proclamation No. 3 entitled “Declaring A National Policy
to Implements the Reforms Mandated by The People, Protecting Their Basic Rights, Adopting A Provisional
Constitution, And Providing for An Orderly Transition Constitution, Later Called The “Freedom Constitution”
was proclaimed, setting aside the 1973 Constitution thereby recognizing the new Aquino administration as a
temporary revolutionary government until the framing of a new constitution. It basically adopted some provisions
of the 1973 Constitution especially the Bill of Rights.

Under the Freedom Constitution, the President continued to exercise legislative powers until a legislature
was convened under a new constitution. Furthermore, the President was given the power to appoint the members
of a Constitutional Commission tasked to draft a new charter “truly reflective of the ideals and aspirations of the
Filipino people.”

7. The 1987 Constitution

By virtue of Sec. 1, Article 5 of the Freedom Constitution, President Aquino issued on April 23, 1986,
Proclamation No. 9, consisting of a Constitutional Commission (CONCOM) charged with drafting a new
constitution not later that September 2, 1986. In line with this issuance, President Aquino, on May 26, 1986,
appointed the 50 CONCOM members representing the various sectors of society from politics to the arts and to
the religion.
 On June 2, the ConCom, headed by former Justice Cecilia Muñoz Palma, commenced its sessions at the
Batasang Pambansa in Quezon City. The ConCom completed their task on October 12, 1986 and presented the
draft constitution to President Aquino on October 15. After a period of nationwide information campaign, a
plebiscite for its ratification was held on February 2, 1987.

On February 11, the New Constitution was proclaimed ratified and in effect. On the same day, President
Aquino, government officials, and the military pledged allegiance to the New Constitution.

Among its significant provisions are as follows:

1. A presidential system of government restores the Bicameral Congress of the Philippines, composed of a
Senate and a House of Representatives.
2. A modified Bill of Rights (Article III) details the rights of every Filipino citizen. Much emphasis was
placed on the writing of this provision after the violations committed during the Marcos dictatorship. In
addition, the constitution includes the abolition of death penalty, except when Congress provides
otherwise with regard to “heinous crimes.”
3. The creation of a Commission on Human Rights which under, Section 18, Article XIII, is tasked to
investigate all forms of human rights violation involving civil and political rights. It provides appropriate
legal measures for the protection of human rights of all people within the Philippines, and several other
powers in relation to the protection of human rights.
4. The recognition of Autonomous Region of Muslim Mindanao and the Cordilleras.
5. Limited political autonomy for local government units like the provinces, cities, municipalities, and
barangays and instructing the Congress to establish a Local Government Code.

The 1987 Constitution consists of 18 Articles with a Preamble.

Preamble
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, and Arts
Article XV - The Family
Article XVI - General Provisions
Article XVII - Amendments and Revision
Article XVIII - Transitory Provisions

Read more: https://www.officialgazette.gov.ph/constitutions/1987-constitution/

Lesson 3: The Parts of the 1987 Constitution

There are three (3) parts of the 1987 Philippine Constitution. They are the following.

1) Constitution of Government. This portion of the constitution describes the framework of government
and its power; and also defines the electorate.
2) Constitution of Liberty. This part enumerates the fundamental rights of the people guaranteed under the
constitution.
3) Constitution of Sovereignty. This part indicates the manner of amending or revising the constitution.
1. CONSTITUTION OF GOVERNMENT

The present Constitution established a representative democracy or a presidential form of government

acknowledging the civilian authority as supreme over the military. Its prime duty is to serve and protect the
people. It also restored the Bicameral Congress of the Philippines. The 1987 Constitution provided for a tripartite
system of government, i.e., the Legislative, Executive, and the Judiciary. The different departments of the
government are coordinate, coequal and each function independently, uncontrolled, and uncontrollable by the
other.

Under the 1987 Constitution, the Philippine government is composed of three equal branches.

ARTICLE VI: Legislative Department

LEGISLATIVE DEPARTMENT. A branch of government that has the power to pass, amend, and repeal laws.
The legislative power is conferred upon the Congress, i.e., House of Representatives and the Philippine Senate,
except to the extent reserve to the people by the provision on initiative and referendum.

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 for 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.

(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 16. The Senate shall elect its President and the House of Representatives its Speaker, by a majority
vote of all its respective Members.

ARTICLE VII: Executive Department

EXECUTIVE DEPARTMENT. This branch of government charged with the execution and enforcement of
laws and policies and the administration of public affairs. This executive branch of government is composed of
the following.

1. The President.
2. The Vice President.

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.

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 reelection. 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 consecutive 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.

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.

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.

3. The Cabinet. Cabinet Secretaries act as the alter ego of the President executing, with his authority, the
power of the Office of the President in their respective departments. The number of cabinet secretaries
varies from time to time depending on the need of an administration. According to the Administrative
Code of 1987, the President of the Philippines may create or dissolve any department as he sees fit.

4. The Local Government. The executive branch extends beyond the national government. 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. According to Article X, Section 4 of the constitution, the President of the Philippines is
mandated to supervise local governments all over the country. However, because of Republic Act No.
7160, otherwise known as the Local Government Code of 1991, local governments enjoy relative
autonomy from the national government.

ARTICLE VIII: Judicial Department

JUDICIAL DEPARTMENT. 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 4. The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit
en banc or in its discretion, in divisions of three, five, or seven Members. Any vacancy shall be filled within
ninety days from the occurrence 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 independence.

SECTION 9. The Members of the Supreme Court and judges of 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 11. The Members of the Supreme Court and judges of lower courts shall hold office during good
behavior until they reached the age of seventy years or become incapacitated to discharge the duties of their office.
The Supreme Court 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.

2. CONSTITUTION OF LIBERTY

This part of the 1987 constitution, The Bill of Rights, enumerates the fundamental rights of the Filipino
people. It sets the limits to the government’s power which proves to be not absolute. Among the rights of the
people are freedoms of speech, assembly, religion, and the press. An important feature here is the suspension of
the writ of habeas corpus which have three available grounds such as invasion, insurrection, and rebellion.

The Bill of Rights Explained

The government is too powerful. One way to limit their power is through the Bill of Rights, sometimes
called as a Declaration of Rights or the Charter of Rights, it is the list of the most important rights to the citizens
of a country.

The Bill of Rights serves as our protection against violations from the government and any individual.
That is why it's important for us to study the third article of the 1987 Philippine Constitution, also known as the
Bill of Rights.

Let's start with our right to due process. Article III, Section 1 states that no person shall be deprived
of life, liberty, or property without due process of law, nor shall any person be denied of the equal
protection of the laws. There are three rights mentioned under this section. First, the right to life. This means
that nobody, including the government can try to end your life, this also talks about the quality of life. Second,
their right to liberty or your right to be free. Third, the right to property. This means that you have the right to
own anything without any threat being faced. These three rights cannot be taken away from you without due
process.

So, what is due process?

Due process is a requirement that legal matters must be resolved according to establish rules and
principles. For example, other due process, individuals cannot have their property seized, or you cannot be put in
jail without first going through the legal system to determine if they are guilty of the crime. Also included in this
section is the equal protection of laws. This means that the government must treat similarly situated individuals
in the same manner. This protection covers all citizens, including the aliens of a country. For example, everyone
earning an income is taxed the tax rates are based on the same standards for persons that are similarly situated.

Let's move on to the second right, the right against unreasonable searches and seizures. First, let's
differentiate search from seizure. Search is a process conducted by authorized officers to look for specific items
that are related to the crime. Seizure, on the other hand happens if officers take possessions of the items during
the search. Take note of this, a search and seizure are considered unreasonable if it is conducted by police officers
without a valid search warrant and warrant of arrest. Let’s define these two documents. Warrant of arrest is an
official document signed by the judge, which authorizes police officers to arrest the person or people named in
the document. Search warrant refers to an official document signed by the judge, which authorizes police officers
to search a particular location and sees specific items.

A valid search warrant and warrant of arrest must contain the following.

1. It must be issued upon probable cause or sufficient reason based upon known facts to believe a crime has
been committed or that certain property is connected with a crime. For example, police officers cannot
arrest someone who looks like a criminal. Just because someone wears a black shirt with a black mask
doesn't mean that person is a criminal. There is a high possibility that his attending a cosplay or a party.
Again, probable cause is a must.
2. Probable cause must be determined personally by the judge.
3. The judge might examine the complainant and the witness he may produce under oath or affirmation.
4. The warrant must particularly describe the place to be searched and the persons or things to be seized.

Another important term to remember is the warrantless arrest. There are times when a police officer doesn't
need a warrant of arrest. This is what we call warrantless arrest or an arrest without a warrant. This is valid in the
following cases.

(1) In flagrante delicto. The person to be arrested has committed, is committing, or is attempting to commit an
offense. (2) The hot pursuit arrests. The policeman should have a personal knowledge that the suspect
committed a crime. (3) A prisoner who escaped from prison.

It is also important to take note that police officers are not the only ones who can arrest the person
committing a crime. Normal people like you and me, can also arrest someone. This is what we call a citizen's
arrest, a lawful warrantless arrest performed by a civilian. However, this is not recommended because it might be
dangerous. The best thing to do is report the crime to the police instead of acting on your own.

Similar to warrantless arrest is a warrantless search or a search without a warrant. Police officers can only
search without a warrant in the following situations.

(1) If there is a consent. An individual must freely and voluntarily agree to a search of his or her property. For
example, police officers who went to your house and asked permission to search your garage because your
neighbors heard a gunshot and called the police. If you say yes, they can lawfully search in the garage, but not in
the other areas of your house. (2) Exigent circumstances. If the police officers feel that the time that it would
take to get a warrant would jeopardize public safety or lead to the loss of evidence. They can perform a search
without a warrant. For example, Popeye is a suspected drug dealer in Brgy. Manalala. One night, police officers
passed by his house and heard the suspect say, “the police are coming throw away all the evidence”, the police
officers can search this house even without a warrant because they might destroy the evidence. (3) Search
incident to an arrest. A police officer doesn't need a warrant to perform a search in connection with an arrest.
For example, if you're arrested for drug possession, the police can search for additional drugs by searching you,
your home, or your car. And any evidence found can be used against you in a court of law. (4) The plain view
doctrine. Police officers still legally search an area if the evidence is clearly visible. For example, if a police
officer stops a driver for speeding and sees marijuana in the window, a search can be conducted without a warrant.

Now, let's move on to the right to privacy. This refers to the right of a person to be left alone. Their right
to privacy is not violated when first, there is a lawful order of the court. For example, there is a search warrant.
Second, when public safety or order requires it. For example, police might enter a house because someone is
shouting for help. This is not a violation of their right to privacy.

Moving on to the next right, the freedom of speech and expression and of the press. This is the right to
express any opinion without censorship or restraint. This includes the right to express your views aloud through
the following: published articles and books, television, or radio broadcasting, works of art, the internet, and the
social media. Now, there is a limitation to this right. It ends when you start to violate the rights of another person
or the values of the society as a whole. For example, defamation. Defamation is saying or writing something about
another person that hurts their reputation. There are two kinds of defamation. Libel and slander. If the statement
is made in writing and published, the defamation is called libel. If the hurtful statement is spoken, the defamation
is slander. You can be sued if you commit any one of these.
 Let's move on to the freedom of assembly. This refers to the right to hold a rally or to voice our grievances
against the government. There are some situations in which public authorities can restrict your rights to freedom
of assembly. In order to, first, protect national security or public safety. Second, protect their rights and freedoms
of other people. And last, to prevent this order or crime.

Another right is a freedom of religion. It is a right of an individual to worship God, without interference
from any person or power. There are two aspects of freedom of religion. First, the freedom to believe in any
religion. Second, the freedom to act in accordance with such belief. This is not an absolute right. This is subject
to rules and laws of the state. For example, no one can appear nude in public in the name of religion. The Bill of
Rights also included the prohibition of religious test. Religious test is one that is requiring someone to have a
religious belief before the performance of the act. This is considered as a violation of the freedom of religion. For
example, candidates running for president should be Roman Catholic only.

Now, let's talk about the liberty of abode and the right to travel. Liberty of abode is the right of a person
to choose and change his residence without interference from the government. The right to travel is the right to
go to different places, these rights may be denied or restricted by the state. If first, there is a local order of the
court. For example, Pedro is facing criminal charges and he wants to go abroad, he may be restrained by the court
from living the country, or if he is already abroad, he will be compelled to report. Second, national security, public
safety or public health is in danger. For example, last March 2020, the Philippine government banned all the
travels from China, South Korea, Hong Kong, and other nearby countries to stop the spread of COVID-19.

Moving on to the next right, the right of the people to information. In a democratic state, the citizens
have the right to access the records of the government. This is to prevent public officials from engaging in corrupt
practices. The following documents can be disclosed in the public. First, official record. Second, documents and
papers pertaining to the official acts, transactions, or decisions. And last, government research data used as a basis
for policy development. There are also some documents which cannot be disclosed to the public. These are the
following. First, records involving the security of the state. Second, accounts pertaining to military intelligence
funds. Third, trade secrets and banking transactions. Fourth, identity of informants in criminal investigation. And
last, confidential diplomatic matters.

Next, the right to form associations. This is the freedom to organize or to be a member of any group,
association, union, or society. This right may be exercised by the employed, both in the public and the private
sectors and also the unemployed.

Moving on to right to just compensation. To understand this right, let's talk about the inherent powers
of the state. These are the powers that the Congress and the President need in order to get the job done. These are
the police power, power of taxation, and the power of eminent domain. First, police power. This is a power to
enact regulations for the health, safety, and welfare of the public. Second, power of taxation. This is the power of
the government to impose and collect taxes. Last, the power of eminent domain. This is the power of the
government to take a private property. Eminent Domain is valid in the following cases. First, it must be a private
property. Second, the land confiscated is for public use. Third, there must be a due process of law and
expropriation. And last, there is a just compensation. This means that owners will be paid accordingly when their
property gets seized by the government for public.

Now, let's talk about the obligation of contracts. Obligation of contracts is the legal duty of the
contractors to fulfill their promise stated in the contract. For example, in a contract of sale, the obligation of the
buyer is to pay the price agreed upon while the obligation of the seller is to deliver the thing sold. Take note that
the government cannot pass a law that will stop a contract from being enforced. The purpose of non-impairment
prohibition is to assure the fulfillment of promises between parties and to avoid problems.

Next, the writ of habeas corpus. Habeas Corpus is the Latin phrase, which means you may have the
body. This is because the person who’s keeping you in jail literally has to bring your body to the courthouse.
Habeas Corpus means that you have the right to make the government prove to a judge that your arrest and
detainment are justified. If you feel that you were wrongfully imprisoned, you can file a writ of habeas corpus,
which is an official request to have your day in court. The purpose of writ of habeas corpus is to control the police
and other governmental entities and make sure that they don't abuse their power. However, the following are some
instances where the privilege of writ of habeas corpus is suspended. First, in cases of invasion or rebellion.
Second, when public safety requires it.
 Moving on to debt and poll tax. Article III, Section 20 states that no person will be sent to jail because
of failure to pay a debt and poll tax. However, there are limitations. First, creditors can still bring you to the
court to demand and enforce payment of your debts. Second, if the person is guilty of estafa or the crime of
obtaining money dishonestly or by trickery, he will be sent to jail. For example, they will pay this debt in a bank
through a check. The bank found that the check that he gave doesn't have enough money. This check is called a
bounced check. The bank can now sue him for estafa.

Next, ex post facto law and bill of attainder. Article III, Section 22 states that no ex post facto law or
bill of attainder shall be enacted. Ex post facto law is a law that applies to a crime that happened before the law
was passed. For example, let's say that in December 2019, you accidentally smoke in a public area. Last month,
a law was signed prohibiting smoking in public areas. Today, the cops are at your door to arrest you for the
incident. The new law would be an example of ex post facto law as it wasn't illegal to smoke when you did it.

When does the ex post facto law apply?

First, if it makes a person a criminal because of an act that was not a crime when committed. Second, it
aggravates a crime or makes it greater when it was committed. Third, it changes the punishment of a crime and
inflicts greater punishment. Fourth, it decreases the amount of evidence required for a conviction. It is also
important to remember that ex post facto law is applicable only in criminal cases. Moving on to the bill of
attainder. The bill of attainder is a legislative act that imposes punishment without a trial.

Now, let's talk about the rights of an accused under custodial investigation. Custodial investigation is
any questioning initiated by law enforcement officers after a person has been taken into custody.

First, the Miranda rights. You probably heard the police and TV say something like you have the right
to remain silent. Anything you say can and will be used against you in a court of law. This statement is called
Miranda warning. It is a constitutional requirement that once an individual is detained by the police there are
certain warnings a police officer is required to give to detainee.

The Miranda warning gives you the following rights.

1. The right to remain silent. A person under custodial investigation has a right to refuse answering any
questions. Those who give up the right to remain silent face their prospect that their statements will be
used against them in the court. However, keeping your mouth shot the whole time is not enough for them
to realize that you wish to remain silent. You must expressly invoke them by saying something.
2. The right to competent and independent counsel, preferably of his own choice. If the person cannot
afford services of a counsel, he must be provided one without charges.
3. The right to be informed of such rights. The officer must explain the effects of these rights and ensure
the person's understanding in the language understood by him.

Next, waiving Miranda rights. This happens when a person refrains from using his Miranda rights. For
example, a person decided to talk to the police officers, even after he has been informed of his right or he will say
yes, I understand my rights, but I am willing to talk to you. Here are the requirements in waiving Miranda rights.
First, it must be in writing. Second, it must be in the presence of a counsel. However, this is not advisable. It is
better to talk to a lawyer for a full explanation of the law to avoid further damages.

Next, the right to presumption of innocence. This means the accused will be innocent until proven
guilty. Third, the right to a speedy impartial public trial. Speedy means that as much as possible, the court
shouldn't delay the trial because it would prolong the agony of the accused. Impartial means that whether the
accused is a pope or a homeless person, the judicial system must be fair. Last, is a public trial or a trial open to
the public. The accused’s friends, relatives and others who are interested to observe the proceedings may attend
that trial.

Fourth, the right against the use of torture, force, violence, threat, and intimidation. Police officers
cannot slap, beat, threaten, or intimidate an accused in custody. It is against the constitution to use any method
that would hurt the accused. If they violate this right, they will be punished by the law.
 Number 5, the right against being held in secret detention incommunicado or similar forms of
solitary detention. Seeker detentions are common when detainees are held incommunicado, or when they are not
permitted to contact the outside world, including their families and lawyers. And when detaining authorities
refused to acknowledge either the fact of the detention or the fate and whereabouts of the detainee. The new
constitution included this right to avoid what happened during the time of President Marcos.

It is also important to learn about the doctrine of poisonous tree. Any evidence that is illegally acquired
could not be used in court against the defendant. For example, Lorena was arrested for murder, and she was sent
to a secret detention where she was forced to admit the charges against her. Her confession for the crime cannot
be used in court, even if she's guilty of the crime because the evidence was illegally acquired, and it violated the
rights of Lorena as an accused.

Number 6, the right to be informed of the charges and cause of accusation. The accused person will
be informed all the charges that he is charged with. After a defendant is arrested, booked and a bail appearance is
completed. The defendant will then be arraigned. The arraignment is a hearing in which the defendant is formally
charged, their rights are read, the court will appoint an attorney if the defendant doesn't have one. Also, during
the arraignment, the defendant can plead either guilty or not guilty of the crime that he is charged with.

Next, the right to compulsory production of witnesses and evidence. The accused has the right to
demand other people who have evidence that would be helpful to him to appear in court. The judge may issue the
following. First, subpoena or a writ ordering a person to attend the court. Second, subpoena duces tecom or writ
ordering a person to attend the court and bring relevant documents.

Number 8, the right against self-incrimination. You probably heard Jannet Napoles on national TV said
I invoked my right against self-incrimination. Every witness in a Senate or House of Representatives investigative
hearing, when faced with a difficult question to answer or just respond, I invoke my right to self-incrimination.
So, what is self-incrimination? Self-incrimination in law is the giving of evidence that might plan to expose the
witness to a punishment for the crime. Therefore, the right against self-incrimination forbids a government from
compelling any person to give testimonial evidence that would likely incriminate him during a criminal case. It
covers testimonial compulsion, and compulsion to produce real or physical evidence using the body of the
accused.

Number 9, the right not to be detained by reasons of political beliefs and aspiration. This right
guarantees the people to freely express their political beliefs and aspirations without fear of arrest or prosecution,
which was denied during the time of President Marcos. Hundreds of people who criticize the government,
particularly the political opponents were arrested. They were known as political prisoners. The new constitution
made sure not to repeat the history for this right was included.

Number 10, the right against involuntary servitude. Involuntary servitude refers to compulsory service,
or simply the modern-day slavery. The new constitution prohibits involuntary servitude. However, there are
exceptions to the prohibition. First, as a punishment of the crime. Second, in the case of personal, military, or
civil service into defense of the state. Third, in compliance to return to work order issued by the Department of
Labor and Employment, or army or naval enlistment. Last, if it is exercised by parents and children.

Number 11, the right against excessive fines. A fine is the money imposed by the court as a punishment
for the crime. A fine is excessive when it is unreasonable and beyond the limits prescribed by the law. For
example, a fine of 10,000 pesos for a theft of 50 pesos is clearly excessive. This is against the new constitution.

Number 12, the right against cruel, degrading, and inhumane punishment. Cruel punishment is
prohibited, like cutting a finger or cutting the penis of a rapist.

Number 13, the right to bail. Bail is a cash, bond, or property that an arrested person gives to a court to
ensure that he or she will appear in court when ordered to do so. If the defendant doesn't show up, the court may
keep the bail and issue a warrant for the defendant’s arrest. Any person accused or detained has the right to invoke
bail, except when the crime committed is punishable by reclusion perpetua, or the imprisonment of at least 20
years and one day to a maximum of 40 years and the evidence of guilt is strong.
 Next, the right against the infliction of death penalty. The 1987 Philippine Constitution abolish the
death penalty. It was reduced into reclusion perpetua but with reservations, the Congress can still pass a law
imposing death penalties for heinous crimes or crimes that are evil and weakened, like murder and rape.

Last, the right against double jeopardy. Double Jeopardy means that a person is twice put at the risk of
conviction for the same act or offense. The right against double jeopardy therefore means that a person can only
be charged once by the court. For example, when a person has been charged for murder, and the court found him
not guilty of the crime, he can no longer be prosecuted for the same act or offense, he can now invoke his right
against double jeopardy. However, there are limitations. First, double jeopardy applies to criminal cases only.
Second, it does not protect the defendant from multiple prosecution for multiple offenses. For example, a person
acquitted of murder could be tried again for different offenses.

3. CONSTITUTION OF SOVEREIGNTY

Sovereignty. It is the quality of having independent authority over a geographic area, such as a territory.
Sovereignty is exercised by the State to exact obedience to its laws upon the citizens. Sovereignty may be internal
or external. Internal sovereignty denotes the power of the State to control and govern its people, while external
sovereignty denotes freedom of a State from external control —independence.

Garner defines sovereignty as “the power of the State to command obedience, the power to which, legally
speaking, all interests are practically subject, and all will coordinate.”

By virtue of this sovereignty, that power to amend or revise the 1987 Constitution is thereby vested on the
Congress or through a constitutional convention.

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 (3/4) 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 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.

References:

Official Gazette of the Republic of the Philippines (1987, February 2). The Constitution of the Republic of the
Philippines. https://www.officialgazette.gov.ph/constitutions/1987-constitution/

Civil Service Review TV (2020, October 11). Article 3 of the Philippine Constitution: Bill of Rights. YouTube.
https://www.youtube.com/watch?v=KaLzPN-9n70&t=207s