EVOLUTION OF PHILIPPINE CONSTITUTION 1987 CONSTITUTION

Constitution Drafted by Type of Length of PREAMBLE

Government Existence
1899 Revolutionary/Malolos First Philippine January We, the sovereign Filipino people, imploring the aid of
Malolos Congress Republic 21, 1899- Almighty God, in order to build a just and humane society and
Constitution March 23,
1901 establish a Government that shall embody our ideals and
1935 1934 Constitutional Commonwealth May 14, aspirations, promote the common good, conserve and develop
Constitution Convention Government 1935- our patrimony, and secure to ourselves and our posterity the
(amended on September
June 18, 3, 1943
blessings of independence and democracy under the rule of law
Republican Type
1940 and July 4, and a regime of truth, justice, freedom, love, equality, and peace,
March 1946- do ordain and promulgate this Constitution.
11, 1947)T January
16, 1973 ARTICLE I: NATIONAL TERRITORY
1943 Preparatory 2nd Philippine September
Constitution Commission for Republic/Puppet 4, 1943- The Philippine territorial jurisdiction includes:
Philippine July 3,
Independence 1946 1. Terrestrial : jurisdiction over bodies of land
1973 1971 Constitutional Semi- January 2. Fluvial: jurisdiction over maritime and interior waters
Constitution Convention Parliamentary 17, 1973-
(amended March 24, 3. Aerial : jurisdiction over the atmosphere
on October 1986
16-17, 1976, The national territory comprises the Philippine archipelago,
January 30, with all the islands and waters embraced therein, and all
1980, and
other territories over which the Philippines has sovereignty
April 7,
1981) or jurisdiction, consisting of its terrestrial, fluvial, and aerial
1986 Corazon Aquino provisional, March 25, domains, including its territorial sea, the seabed, the subsoil,
Freedom transitory and 1986 to the insular shelves, and other submarine areas. The waters
Constitution revolutionary February around, between, and connecting the islands of the
10, 1987
archipelago, regardless of their breadth and dimensions,
1987 Constitutional Democratic February
Constitution Commission Type/Presidential 11, 1987 form part of the internal waters of the Philippines.
up to
present ARTICLE II: DECLARATION OF PRINCIPLES AND
STATE POLICIES

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Enshrined in this article are the following: protection of the life Right to Life
of the mother and the life of the unborn from conception Right to Liberty: freedom to do right and never
(Section 12); promotion and protection of the physical, moral,
wrong
spiritual, intellectual and social well- being of the youth
(Section 12); fundamental equality before the law of men and Right to Property
women (Section 14); right to health of the people (Section 15); Kinds: (a) Personal (b) Real Property
right of the people to a balanced and healthful ecology in accord Right to Equal Protection of the Law
with the rhythm and harmony of nature (Section 16); rights of ** Deprivation: to take forcibly, to prevent from
workers (Section 18); rights of indigenous cultural possessing, enjoying or using something
communities within the framework of national unity and
Lawful Deprivation:
development (Section 22); and equal access to opportunities for
public service (Section 26). 1. To render services in defense of the state
2. Commission of a heinous crimes or crimes
Other basic principles and state policies stated in Article II punishable by death such as treason, qualified
of the constitution are as follows: Philippines as a democratic piracy, qualified bribery, parricide, murder,
and republican state; sovereignty of the people; renunciation of kidnapping and serious illegal detention,
war as an instrument of national policy; supremacy of civilian
robbery with homicide, destructive arson, rape
authority over the military; prime duty of the government is to
serve and protect the people; separation of church and State; committed by two or more persons or with
public office as a public trust; recognition on the role of youth deadly weapon or with homicide, plunder
in nation-building; recognition on the role of women in nation- (misappropriation of money amounting to
building; protection of the elderly; promotion of balanced and P50M or more)
healthful ecology; nationalization of natural resources and 3. Where a person afflicted with a communicable
certain private enterprises affected with public interest; and
disease is confined in a hospital or quarantined
autonomy of local government.
in his/her own home
ARTICLE III: BILL OF RIGHTS 4. Punishment for a crime
5. Prohibition on minor to drink intoxicating
Bill of Rights: portion of the constitution that formally beverages
declares the civil and political rights of its people 6. Private property taken when it is offensive to
Section 1. Right to life, liberty, or property with due the public service
process of law and equal protection of the laws. Unlawful Deprivation
1. Death sentence for conviction of petty offense
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 2. Execution of person mentally or physically 3. After examination under oath or affirmation of
handicapped the complainant and his witnesses
3. Imprisonment without trial 4. Particularly describing the place to be searched
4. Prevented from criticizing the government to and the persons to be seized
exercise of his freedom of expression When search warrant and seizure maybe made
5. Forced to follow a religion without warrant:
1. When there is consent and waiver
Section 2. Right of the people to be secure in their 2. Where search is incident to a lawful arrest
persons, houses, papers, and effects against 3. In the case of contraband or forfeited goods
unreasonable searches and seizures of whatever nature being transported by ship, automobile or other
and for any purpose otherwise known search warrant vehicle
and warrant of arrest. 4. Possession of articles prohibited by law
Search Warrant: an order in writing, issued in the 5. Routinary searches made at the border or ports
name of the people of the Philippines, signed by the of entry for customs and immigration laws
judge, directed to the police officer, commanding him
to search for personal property and to bring in court When arrest may be made without warrant:
Warrant of Arrest: an order of writing issued in the 1. In the presence of a peace officer, the person to
namne of the people of the Philippines, signed by the be arrested has committed, is actually
judge, directed to the police officer, commanding him committing, or is attempting to commit an
to arrest a person, that he may be bound to answer offense
for the offense committed 2. When an offense has been committed and has a
Requisites for the issuance of search warrant or personal knowledge of facts indicating that the
warrant of arrest: person to be arrested has committed it
1. Probable Cause 3. When a person to be arrested is a prisoner who
- Facts and circumstances which could lead a escaped from jail
reasonable prudence man to believe that an
offense has been committed Section 3. Right to privacy of communication and
2. To be determined by the judge correspondence.

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**what are the forms of communication and Right of petition : right of any person or group to
correspondence? apply without fear of penalty to the appropriate branch
**Except upon lawful order of the court or when or office of the government for redress of grievances
public safety or order requires otherwise by law
Section 5. Free exercise and enjoyment of religious
Section 4. Freedom of speech, of expression, or of profession and worship without discrimination
the press and right of the people peaceably to otherwise known as the freedom of religion.
assemble and petition the government for redress Religious Freedom or Freedom of Religion:
of grievances. freedom to believe in a religion and the freedom to act
in accordance with such belief
Freedom of Speech /Freedom of Expression : you
have the right to express your own opinion on any Section 6. Liberty of abode and of changing the same
issue or topic/right to freely utter as long as it does not within limits prescribed by law and right to travel.
violate the law or injure someone’s character, Liberty of abode refers to the right of a person to have
reputation or business his home in whatever place chosen by him or her and
Unprotected Speech are obscenity and libel thereafter to change it at his or her will
Right to travel pertains to the right of the people to
Freedom of the Press: right to freely publish go wherever he or she pleases, provided not contrary
whatever one pleases without previous restraint as to law.
long as it does not violate the law or injure someone’s
character, reputation or business Section 7. Right of the people to information on
matters of public concern and access to official
Right to peaceful assemble: it is your right to records and to documents, and papers pertaining to
organize or join assemble or meeting to let the official acts, transactions or decisions and
government know what you want/ right of the citizens governmental research data used as basis for policy
to meet peaceably for consultation in respect to public development.
affairs *This section includes being allowed to see official
documents and records pertaining to transactions,
actions, or decisions of the government. However, the
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government has its discretion with respect to the paying to the owner just compensation to be
authority to determine what matters are of public ascertained by law for public use
concern and the authority to determine the manner of
access to such matters for the following reasons: Section 10. Right to enter into contracts which shall
national security matters, intelligence information, not be impaired by law.
trade secrets, banking transactions, diplomatic Obligation of Contract: is the law which binds the
correspondence, executive sessions, closed door parties to perform their agreement according to its
cabinet meetings, and supreme court deliberations term or intent, not contrary to law, morals, good
customs, public order or public safety
Section 8. Right of the people including those
employed in the public and private sectors, to form Section 20. Right not to be imprisoned for debt or
unions, associations or societies or purposes not non-payment of a poll tax (cedula).
contrary to law or to be a member of any group of Poll Tax: tax of a fixed amount imposed on
association, union or society and to adopt the rules individuals residing within a specified territory,
which the members judge most appropriate to achieve whether citizens or not.
their purpose
Section 21. Right not to be twice put in jeopardy of
Section 9. Right to private property unless taken for punishment for the same offense otherwise known as
public use otherwise known as the power of eminent right against double jeopardy or a second
domain or the power of the State to take private prosecution after a first trial for the same offense.
property for public purpose upon payment of just Section 22. Right against ex post facto law and bill of
compensation to its owner. attainder. Ex post facto law is a law that makes an act
3 inherent powers of state: punishable even when the time it was committed is not
1. Police Power- public good or welfare punishable
2. Taxation- raise revenue to defray expenses of Bill of attainder is a legislative act which inflicts a
the government person without the benefit of the trial
3. Eminent Domain- the power of the state to
take or expropriate private property upon Section 11-19. Rights of persons accused of a crime
or under investigation are as follows:
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 a. Free access to the courts and quasi-judicial l. Right to a speedy disposition of their cases
bodies and adequate legal assistance before all judicial, quasi-judicial, or
b. Right to remain silent and to have competent administrative bodies,
and independent counsel preferably of his own m. Right not to be compelled to be a witness
choice, against himself otherwise known as right
c. Right against torture, force, violence, threat, against self-incrimination,
intimidation, or any other means which vitiate n. Right not to be detained solely by reason of his
the free will, prohibition of the secret detention political beliefs and aspirations,
places, solitary, incommunicado, or other forms o. Freedom from involuntary servitude except as a
of detention punishment for a crime wherein the party shall
d. Right to compensation to and rehabilitation of have duly convicted,
victims of torture or similar practices and their This provision prohibits slavery. No person
families can be forced to work for another against his
e. Right to be bailable by sufficient sureties or be will
released on recognizance including right p. Right against excessive fines, and
against excessive bails (except those charged q. Right against cruel, degrading or inhuman
with offenses punishable by reclusion punishment.
perpetua/20 years and 1 day to 40 years),
f. Right to due process of law,
g. Right to presumption of innocence, ARTICLE IV: CITIZENSHIP
h. Right to be heard by himself and counsel, Citizenship : membership in a political community
i. Right to be informed of the nature and cause of with the attachment of obligations
accusation against him,
j. Right to have a speedy, impartial and public Natural-Born citizens enjoy all rights and privileges
trial, while Naturalized Citizens possess only the
k. Right to meet the witnesses face to face, and privileges endowed by the community
have compulsory process to secure the
attendance of witnesses and the production of Manner of Possessing Citizenship:
evidence,
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 1. Jus sanguinis : pertains to the law of blood in (b) Section 3. Philippine citizenship may be lost
possession of citizenship or possession of or reacquired in the manner provided by law.
citizenship by blood connection Grounds for the loss of citizenship:
2. Jus Loci/Soli : implies the law of soil or 1. Naturalization in another country
possession of citizenship is the place of birth 2. Express renunciation of a citizenship
3. Naturalization : process of rightful action of 3. Subscribing to an oath of allegiance in
accepting foreign persons in the state and giving support the laws of foreign country
them the accorded privileges of being part of the 4. Rendering service to or accepting
political community commission in the Afs of a foreign
country
The following are the citizens of the Philippines: 5. Cancellation of the certificate of
naturalization
(1) Those who are citizens of the Philippines at the Reacquisition of Philippine citizenship:
time of the adoption of this Constitution; 1. Naturalization
(2) Natural-born citizens or Those whose fathers or 2. Repatriation (taking the oath of allegiance
mothers are citizens of the Philippines; to the Republic of the Philippines and
(3) Citizens through election or Those born before registering the same in the proper civil
January 17, 1973, of Filipino mothers, who elect registry); in contrast to Expatriation which
Philippine citizenship upon reaching the age of is the abandonment of one’s country
majority; and 3. Direct act of congress
(4) Those who are naturalized in accordance with law (c) Section 4. Citizens of the Philippines who
or naturalized citizens. marry aliens shall retain their citizenship,
unless by their act or omission they are
Other provisions of Article IV are as follows: deemed, under the law, to have renounced it.
(a) Section 2. Natural-born citizens are those (d) Section 5. Dual allegiance of citizens is
who are citizens of the Philippines from birth inimical to the national interest and shall be
without having to perform any act to acquire dealt with by law.
or perfect their Philippine citizenship. **Dual allegiance or dual loyalty refers to
aliens who became Filipinos by virtue of
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 naturalization but still maintaining loyalty to 5. Recall: method by which a public officer may
their mother country be removed from office during his tenure or
before the expiration of his term by a vote of the
people
ARTICLE V: SUFFRAGE
ARTICLE VI: LEGISLATIVE DEPARTMENT
The right to vote or be voted in a particular position
otherwise known as suffrage is stated in Article V of - Bicameral lawmaking body
the constitution. Particularly stated in this article are - Non-legislative powers of Congress:
the qualifications for an individual to exercise this 1. By a vote of both houses, in joint session
right. They are as follows: exercised by all citizens of assembled, voting separately, Congress shall
the Philippines not otherwise disqualified by law; who have the sole power to declare the existence
are at least eighteen years of age, shall have resided in of a state of war
the Philippines for at least one year; and resided in the 2. The Senate’s power to concur treaties or
place wherein they propose to vote for at least 6 months international agreement entered into by the
immediately preceding the election (CHR, Region 1). President requiring at least 2/3 of all
Members of the Senate
Scope of Suffrage: 3. To act as the canvassing body for the
1. Election: means by which the people choose Presidential and Vice Presidential elections
their officials for definite and fixed periods and to proclaim the persons duly elected
2. Plebiscite : a vote of the people expressing their 4. The power to concur to the amnesty granted
choice for or against a proposed law or by the President
enactment submitted to them 5. The HoRs to initiate impeachment against the
3. Referendum: submission or referral of a impeachable officers enumerated in the
legislative act to the people constitution
4. Initiative : process whereby the people directly 6. The Senate has the power to try and decide
propose and enact laws all impeachment cases

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 7. To act as a constituent assembly for the d. Except a party-list representative, a
proposal to change the constitution registered voter in the district in which he
shall be elected
SENATE: e. Not less than one year residence proceeding
- Composition of Senate (24 senators) the day of election
- Qualifications: - Term of office ( 3 years but not more than three
a. Natural-born citizen of the Philippines consecutive terms)
b. At least 35 years of age - Officers: Speaker of the House, Speaker Pro-
c. Able to read and write Tempore, Majority Floor Leader, Minority Floor
d. Registered voter Leader, Sgt at arms, etc.
e. Resident of the Philippines for not less than
ARTICLE VII: EXECUTIVE DEPARTMENT
two years immediately preceding the day pf
election - Qualifications of President and VP
- Term of office (6 years but will not serve for a. Natural-born citizen of the Philippines
more than two consecutive terms) b. Able to read and write
- Officers: Senate President, Senate President Pro- c. Registered voter
Tempore, Majority Floor Leader, Sgt at Arms d. At least 40 years of age
etc. e. 10 years residence in the Philippines
HOUSE OF REPRESENTATIVES immediately preceding the election
- Composition (200 elected by legislative - Term of office
districts) and 50 elected through a party list President/6 years without re-election
system Vice President/ 6 years up to two terms only
- Qualifications - Law of succession
a. Natural-born citizen of the Philippines - Powers of the President:
b. At least 25 years of age 1. Military power
c. Able to read and write 2. Diplomatic power
3. Control over appointed officials and cabinet
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 4. Supervision over local officials - Composition of the SC: Chief Justice and
5. Appointment fourteen (14) Associate Justices
6. Grant amnesty with the concurrence of - Qualifications:
Congress a. Natural born citizem
Amnesty: act of grace concurred by b. At least 40 years old
Congress, extended to a group of persons c. At least 15 years experience as judge of a
who committed political offenses lower court or as a practicing lawyer
7. To grant pardon (includes parole, reprieve d. A person of proven competence, integrity,
and commutation) probity, and independence
Pardon: act of grace which exempts a - Courts in the Philippines:
person, on whom it is bestowed from the 1. SC
punishments which the law inflicts for the 2. Court of Appeals
crime committed 3. Regional Trial Court
Parole: release of a person from 4. Metropolitan Trial Court/ Municipal Trial
imprisonment, but without full restoration of Court/Municipal Circuit Trial Court
liberty as the parolee is still under the custody 5. Court of Tax Appeals
of the law 6. Graft Court or Sandigan Bayan
Reprieve: postponement of a sentence or a 7. Barangay Courts
stay of execution, usually a death sentence 8. Military Courts
Commutation: reduction or mitigation of the
ARTICLE IX: CONSTITUTONAL
penalty
COMMISSIONS
8. To declare martial law
9. To suspend the writ of habeas corpus CIVIL SERVICE COMMISSION (central personnel
10. To deport aliens or the so called “persona- agency of the Philippine government)
non-grata”
ARTICLE VIII: JUDCIAL DEPARTMENT

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COMELEC (mandated to give life and meaning to the - Ombudsman
basic principle that sovereignty resides in the people Grounds for Impeachment:
and all government authority emanates from them) a. Culpable violation of the Constitution:
willful and intentional breach of the
COMMISSION ON AUDIT (independent body
Constitution
intended to serve as a watchdog of public funds)
b. Treason : crime committed by a public
ARTICLE X: LOCAL GOVERNMENT official who levies war against the
- local government units (province, city, Philippines or adheres to her enemies, giving
municipality, barangay) them aid and comfort within the Philippines
- autonomous regions or elsewhere
c. Bribery
ARTICLE XI: ACCOUNTABILITY OF PUBLIC Direct Bribery: offense committed by an
OFFICERS officer who shall agree to perform an act
- public office is a public trust constituting a crime, in connection with the
- IMPEACHMENT performance of his official duties in
Meaning: bring a public officer before the proper consideration of any promise or gift received
tribunal on charge of a crime other wrongdoing by such officer
Purpose: protect of the people from the official Indirect Bribery: offense committed by any
delinquency or malfeasances; protection of the public office who shall accept gifts offered to
State not for punishment of the offender him by reason of his office
IMPEACHABLE OFFICIALS: d. Graft and corruption
- President e. Other high crimes
- VP f. Betrayal of public trust : any violation of
- Chief of the SC due oath of office involving lost of popular
support even if the violation may not amount
- Associate Justices of the SC
to a criminal offense
- Chairman and members of ConCom

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SANDIGANBAYAN: created by the BP thru 1973 ARTICLE XIII: SOCIAL JUSTICE AND HUMAN
Constitution; wed out graft ad protection and other RIGHTS
forms of venalities in government service
- centerpiece of the 1987 Constitution
Office of the OMBUDSMAN to serve as an
- mandates the Congress to enact laws that should
independent body to receive and act on complaints
protect and enhance the right of all the people to human
filed in any form or manner against public officials or
dignity, reduce social, economic, and political
employees of the government
inequalities, and remove cultural inequities by
ARTICLE XII: NATIONAL ECONOMY AND equitably diffusing wealth and political power for the
PATRIMONY common good.
National Economy refers to the entire structure of - Protection to labor, promotion to full
economic life in a country, It encompasses all the employment and equal work opportunities,
activities relating with the production, distribution, and rights of workers
consumption of goods and services, and factors of - Undertaking agrarian reform program
production which are utilized to carry out these - Right of subsistence fishermen and fisherfolk
activities - Urban land reform and housing
National Patrimony refers to the natural resources of - Protection and promotion of the right to health
the country including all lands of the public domain, - Protection of working women
minerals, coal, petroleum and other mineral oils, all - Role and rights of people’s organization
forces of potential energy, fisheries, forests or timber, - Human Rights and the creation of CHR
wildlife, flora and fauna and all marine wealth in its ARTICLE XIV: EDUCATION, SCIENCE AND
archipelagic waters, territorial sea and exclusive TECHNOLOGY, ARTS, CULTURE AND
marine zone. SPORTS
- Right of all citizens to quality education

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 - Duty of the State to protect and promote right to ARTICLE XVI: GENERAL PROVISIONS
quality education
ARTICLE XVII: AMENDMENTS OR
- System of education to be relevant to the needs
REVISIONS
of the people and society
- Promotion of science and technology Changing the Constitution is stipulated under
- Preservation, enrichment, and dynamic Article XVII of the 1987 Constitution. There is an
evolution of a Filipino national culture amendment if what is being changed is a portion only
- Cultural treasures of a nation of a constitution while there is a revision if what is
being changed is the entire constitution.
- Rights of indigenous cultural communities
- Promotion of sports There are two steps in revising or amending a
ARTICLE XV: THE FAMILY Constitution. First step is the proposal. This can be
made either by Congress, Constitutional Convention,
This provision enumerates ways in order to strengthen or people’s initiative. The last step is the ratification
the solidarity of family. The following are emphasized: by the people. This refers to sentiments of the people
rights of spouses to found a family in accordance with whether they will approve or reject the proposed
their religious convictions and the demands of Constitution.
responsible parenthood (Section 3 (1)); right of
children to assistance, including proper care and ARTICLE XVIII: TRANSITORY PROVISIONS
nutrition and special protection from all forms of
neglect, abuse, cruelty, exploitation and other
conditions prejudicial to their development (Section
3(2)); right of the family to a family living wage and
income (Section 3( 3)); and right of families or family
associations to participate in the planning and
implementation of policies and programs that affect
them (Section 3 (4))

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