THE NEW CONSTITUTION

OF THE PHILIPPINES
What is Constitution?
• The etymological definition of the term constitution comes
from the word itself.
• For regulations and orders.
• A set of fundamental principles or established precedents
according to;
1. State
2. Other organization that is governed.
• Body of rules and principles in accordance with which the
powers of sovereignty are exercised.
 THE PURPOSE OF THE CONSTITUTION IS AS
FOLLOWS:
• It serves as the fundamental law of the land. It is the
paramount law onto which all other laws are based on.
• It also provide the essential framework of government
since the essential branches of the government;
* Executive
* Legislative
* Judicial
• Constitution of Government
• Constitution of Liberty
 ADDITIONAL INFORMATION
• It can define as the relationship of the government and
its people.
• February 8,1935, the preamble of The New Constitution
of the Philippines Commonwealth, was adopted by the
Constitutional Convention.
• March 23, it was approved by the President of the United
States
• May 14, it is ratified in a plebiscite of the Filipino people.
 ADDITIONAL INFORMATION
• Executive – carries out laws. Composed of the President and the Vice President.
-The constitution that grants the President an authority to appoint his Cabinet.
• Legislative – authorized to make laws, alter, and repeal them through the power
vested in the Philippine Congress.
- Divided into:
- Senate
-The House of the Representative
• Judicial – evaluates laws. It holds the power to settle controversies involving the
rights that are legally demandable and enforceable.
- it determines whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part and instrumentality of the
Government.
-Made up of the Supreme Court and Lower Courts.
THE PURPOSE OF
CONSTITUTION
 THE PURPOSE
• Basic rules or laws that every permanent organization of
individuals, whether public or private, must have.
• The national, state and local government system rests
on the Constitutions.
• A portion of the Constituent power is delegated by the
people to the legislature by allowing it to participate in the
process of amending the Constitution.
• It supports statutory laws as well as regulations and
actions supported by those laws.
 CON’T
• The methods of amending or replacing the constitution are also
provided by the constitution itself.
• It also provides for the structure of the organization.
- In Government – it establishes the legislative, the exuctive,
and the judicial branches.
• A Constitution must be both stable and flexible.
– It is rigid that it can be formally changed only by amendment or
replacement entirely.
– Flexibility is achieved through decisions made by the legislature,
by the chief executive, and by the courts.
 ADDITIONAL INFORMATION
• Constitution allocates the distribution and limiting of powers to
its department to secure the character and conception of its
government.
• To dictate permanent framework of the government to form a more
perfect union to establish justice and ensure peace of the nation.
• It also provides principles how the government can run itself,
following the rules and laws written in the constitution of each state
keeps them balanced and effective government to the state and
people.
• It gives the rights of the government as well as the people to
protect them.
 MALOLOS
CONSTITUTION
 MALOLOS CONSTITUTION

• Known as the “La Constitucion Politica de Malolos”

• Congress was held in Malolos Bulacan in 1899.
• The document declares that the people have exclusive
sovereignity.
• The Malolos constitution established Spanish as the
official languange of the Philippines
• Constitution Hala sa Biak-na-Bato, promulgated by the
Philppine Revolutionary Government on November 1,
1897
 MALOLOS CONSTITUTION

• The 1899 Political Constitution of the Republic was

approved by President Emilio Aguinaldo
• Legislative power is exercised by the Assembly of
Representatives of the nation, and judicial power is
lodged in a Supreme Court.
 ADDITIONAL INFORMATION
• written by Felipe Calderon
• ratification and proclamation held at Barasoain Church in
Malolos
• created in accordance with the establishment of the First
Philippine Republic, 1899.
• lasted until the Philippine-American War
• September 15, 1898, Congress met in Malolos, Bulacan
and framed the Malolos Constitution
• lasted only for a short period of time from January 23, 1899 to
March 23, 1901
1935 CONSTITUTION OF
RGE PHILIPPINES
 1935 CONSTITUTION OF THE PHILIPPINES

• Was written in 1934, approved and adopted by the

commonwealth of the Philippines(1935-1946)
• Later used bt the third republic of the Philippines
• It was written with an eye to meeting the approval of the
united states government, to ensure that the U.S would
live up to its promise to grant the Philippines
independence and not have a premise to hold on to its
possession on the grounds that it was to politically
immature and hence readily full independence
 1935 CONSTITUTION OF THE PHILIPPINES
• The original 1935 constitution provides, inter alia, for a
unicameral legislature and single six-year term for the
president
• It was amended in 1940 to have a bicameral congress
composed of senate and house of representatives, as
well as the creation of an independent commission on
election
• The constitution limited the president to a four-year term
with a maximun of two consecutive term
 1935 CONSTITUTION OF THE PHILIPPINES
• Ratified on May 17, 1935, establishes the commonwealth of
the Philippines, defining its powers, composition and
organization of the government of the Philippines.
BRANCES OF GOVERNMENT
• EXECUTIVE POWER- is vested in the president and shall
serve for a single-six year term
• LEGISLATIVE POWER- is vested in a unicameral national
assembly
• JUDICIAL POWER- exercised by the supreme court.
 ADDITIONAL INFORMATION
• CONSTITUTION OF THE PHILIPPINES
• The Filipino people, imploring the aid of Divine
Providence, in order to establish a government that shall
embody their ideals, conserve and develop the patrimony
of the nation, promote the general welfare, and secure to
themselves and their posterity the blessings of
independence under a régime of justice, liberty, and
democracy, do ordain and promulgate this Constitution.
 ADDITIONAL INFORMATION
• Article I.—THE NATIONAL TERRITORY
• Section 1. The Philippines comprises all the territory ceded to the
United States by the treaty of Paris concluded between the United
States and Spain on the tenth day of December, eighteen hundred
and ninety-eight, the limits of which are set forth in Article III of said
treaty, together with all the islands embraced in the treaty concluded
at Washington, between the United States and Spain on the seventh
day of November, nineteen hundred, and in the treaty concluded
between the United States and Great Britain on the second day of
January, nineteen hundred and thirty, and all territory over which the
present Government of the Philippine Islands exercises jurisdiction.
 ADDITIONAL INFORMATION
• ARTICLE II.—DECLARATION OF PRINCIPLES
• Section 1. The Philippines is a republican state. Sovereignty resides in the people
and all government authority emanates from them.
• Sec. 2. The defense of the State is a prime duty of government, and in the
fulfillment of this duty all citizens may be required by law to render personal
military or civil service.
• Sec. 3. The Philippines renounces war as an instrument of national policy, and
adopts the generally accepted principles of international law as a part of the law of
the Nation.
• SEC. 4. The natural right and duty of parents in the rearing of the youth for civic
efficiency should receive the aid and support of the Government.
• SEC. 5. The promotion of social justice to insure the well-being and economic
security of all the people should be the concern of the State.
 ADDITIONAL INFORMATION
• ARTICLE III.—BILL OF RIGHTS
• SECTION 1. (1) No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.
• (2) Private property shall not be taken for public use without just compensation.
• (3) The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures shall not be violated, and no warrants shall
issue but upon probable cause, to be determined by the judge after examination under
oath or affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched, and the persons or things to be seized.
• (4) The liberty of abode and of changing the same within the limits prescribed by law shall
not be impaired.
• (5) The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court or when public safety and order require otherwise.
 ADDITIONAL INFORMATION
• (6) The right to form associations or societies for purposes not contrary to law shall not be
abridged.
• (7) No law shall be made respecting an establishment of religion, or prohibiting the free
exercise thereof, and the free exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed. No religious test shall be
required for the exercise of civil or political rights.
• (8) No law shall be passed abridging the freedom of speech, or of the press, or the right of
the people peaceably to assemble and petition the Government for redress of grievances
• (9) No law granting a title of nobility shall be enacted, and no person holding any office of
profit or trust shall, without the consent of the National Assembly, accept any present,
emolument, office, or title of any kind whatever from any foreign state.
• (10) No law impairing the obligation of contracts shall be passed.

• (11) No ex post facto law or bill of attainder shall be enacted.

 ADDITIONAL INFORMATION
• (12) No person shall be imprisoned for debt or nonpayment of a poll tax.
• (13) No involuntary servitude in any form shall exist except as a punishment for crime whereof
the party shall have been duly convicted.
• (14) The privilege of the writ of habeas corpus shall not be suspended except in cases of
invasion, insurrection, or rebellion, when the public safety requires it, in any of which events the
same may be suspended wherever during such period the necessity for such suspension shall
exist.
• (15) No person shall be held to answer for a criminal offense without due process of law.
• (16) All persons shall before conviction be bailable by sufficient sureties, except those charged
with capital offenses when evidence of guilt is strong. Excessive bail shall not be required.
• (17) In all criminal prosecutions the accused shall be presumed to be innocent until the contrary
is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the
nature and cause of the accusation against him, to have a speedy and public trial, to meet the
witnesses face to face and to have compulsory process to secure the attendance of witnesses
in his behalf.
 ADDITIONAL INFORMATION
• 18) No person shall be compelled to be a witness against himself.
• (19) Excessive fines shall not be imposed, nor cruel and unusual
punishment inflicted.
• (20) No person shall be twice put in jeopardy of punishment for the same
offense. If an cat is punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another prosecution for the
same act.
• (21) Free access to the courts shall not be denied to any person by
reason of poverty.
1943 CONSTITUTION OF
THE REPUBLIC OF THE
PHILIPPINES
The 1943 Constitution
• provides strong executive powers.
• Legislative branch consists of National Assembly,
most of the legislators were appointed rather than
elected.
• “The honor of Independence” was promised by
Premier Hideki Tojohad on June 16, 1943
• Philippine Independence Committee was tasked to
draft a New Constitution – 1935 Constitution on
September 4, 1943
 The 1943 Constitution under Japanese regime

• Limited duration
• Legislative elections
• Stronger executive branch
• The approved draft of the new charter was ratified on
September 7, 1943 by appointed provincial
representatives of KALIBAPI.
• Jose P. Laurel was appointed as President by National
Assembly in October 1943.
• 1943 Constitution remained in force under the
Japanese regime but only in some areas of the
Philippines.
 ADDITIONAL INFORMATION
• composed of a preamble and twelve articles, creates a
Republican state with a powerful executive branch and
subordinate legislative and judicial branches.
• executive power is vested in the President - head of
government, and commander-in-chief of the Armed
Forces.
• Legislative power is exercised among the appointed
officials by the National Assembly.
• Judicial power is exercised by the Supreme Court.
• On September 21, 1944, President Laurel proclaimed
martial law in the Philippines (it came into effect on
September 22). On September 23, 1944, Laurel
proclaimed that the Philippines was “in a state of war”
with the Allied Powers—but this was never ratified by the
National Assembly.
 1973 CONSTITUTION OF THE
REPUBLIC OF THE PHILIPPINES
1973 Constitution of the Philippines
• Saligang Batas ng Pilipinas- was ratified by the Citizen
Assemblies on January 17,1973
- It provides for a shift from a presidential form to a
parliamentary system
• President- serves as a symbolic head of state
• Executive power- is exercised by the Prime Minister
with the assistance of the Cabinet
• Legislative power- is vested in Unicameral National
Assembly
 1973 Constitution of the Philippines
• 1976- National Assembly was replaed by virtue of PD 1033
issued by President Ferdinand Edralin Marcos
• 1973 Constitution- the President where no longer acts as a
symbolic head, but acts as the head of state and the chief
executive
• Under 1935 Constitution- office of the President restored to its
original status:
– Legislative power is vested in a Unicameral Batasang Pambansa
– Prime Minister, who is subordinated to the President, acts as the Head of
the Cabinet
 1973 Constitution of the Philippines
Additional Information
• January 17, 1973- Marcos issued Proclamation No. 1102
certifying and proclaiming that the 1973 Constitution has
been ratified by the Filipino people and thereby was in
effect
1986 PROVISIONAL
CONSTITUTION
 1986 PROVISIONAL CONSTITUTION
• Known as the “Freedom Constitution”
• On March 25, 1986, it was promulgated by President
Corazon C. Aquino
• It was a provisional constitution after a successful People
Power Revolution.
 ADDITIONAL INFORMATION
• 1986 provisional (freedom) constitution of the
philippines - Chan Robles (virtual law library). Declaring
a National policy to implement the reforms mandated by
the people, protecting their basic rights, adopting a
provisional constitution, and providing for an orderly
transition to a government under a new constitution.
 CONSTITUTION OF THE
REPUBLIC OF THE PHILIPPINES
 CONSTITUTION OF THE REPUBLIC OF THE
PHILIPPINES
• CONSTITUTION - constitution refers to the “body of
rules and principles in accordance with which the powers
of sovereignty is regularly exercised”
• The Constitution is important because it protects
individual freedom, and its fundamental principles govern
the United States.
• It limits the power of the government and establishes a
system of checks and balances.
 CONSTITUTION OF THE REPUBLIC OF THE
PHILIPPINES
• FIRST CONSTITUTION - 1935 constitution
• SECOND CONSTITUTION – 1973 constitution this was
during the time of martial law
• THIRD CONSTITUTION – 1986 constitution also called
as the “Freedom Constitution”. This was during the time of
President Corazon C. Aquino
 ADDITIONAL INFORMATION
• The Philippines has had a total of six constitutions since
the Proclamation of Independence on June 12, 1898. In
1899, the Malolos Constitution, the first Philippine
Constitution, the first republican constitution in Asia, was
drafted and adopted by the First Philippine Republic,
which lasted from 1899 to 1901.
SUMMARY AND ADDITIONAL
INFORMATION
 SUMMARY and ADDITIONAL
INFORMATION

The New Constitution of the Philippines

• The Filipino people, imploring the aid of Divine Providence, in

order to establish a government that shall embody their ideals,
conserve and develop the patrimony of the nation, promote the
general welfare, and secure to themselves and their posterity
the blessings of independence under a régime of justice, liberty
and democracy, do ordain and promulgate this constitution.
 SUMMARY and ADDITIONAL
INFORMATION

Importance of the Philippine Constitution

• The Philippine Constitution is important because it protects

our rights.It enables us to have justice and live a beautiful
life.

• It helps us to know our limitations and the right things we

should do in order for us to become a good citizen
BILL OF RIGHTS (ARTICLE III)
 • Bill of Rights
• Classification of
Rights
• The Constitutional
Rights of Filipino
Citizen
 BILL OF RIGHTS
• A declaration and enumeration of a person’s
rights and privileges which the Constitution is
designed to protect against violations by the
government, or by an individual or groups of
individuals
CLASSIFICATION OF RIGHTS

• Natural Rights
• Constitutional rights
• Statutory rights
• Civil rights
• Economic rights
• Political rights
 NATURAL RIGHTS

•Natural rights- these are

rights inherent to man and
given to him by God as a
human being.
CONSTITUTIONAL RIGHTS

•These are the rights

Guaranteed under the
fundamental charter of
the country.
STATUTORY RIGHTS
• These are rights provided by law-
making body of a country or by law,
such as the right to receive a
minimum wage and the right to
preliminary investigation.
 CIVIL RIGHTS
• Rights specified under the Bill of
Rights.
• They are rights enjoyed by an
individual by virtue of his citizenship in
a state or community.
SOCIAL OR ECONOMIC RIGHTS

•Rights to property,
whether personal,
real or intellectual.
POLITICAL RIGHTS
• These are rights of an
individual enjoys as a
consequence of being a
member of a body politic.
THE CONSTITUTIONAL OF RIGHTS OF FILIPINO
CITIZENS
• Due Process
• Equal Protection of the Law
• Right Against Unreasonable
Searches and Seizures
• Right to Privacy of Communication
and Correspondence
• Freedom of Speech
 • Freedom of Religion
• Liberty of Abode and Travel
• Right to Information on
Matters of Public Concern
• Right to Association
 • Right to just compensation
• Non-impairment of contracts
• Free of Access of Courts
• Right of a person Under
Custodial Investigation
 • Rights of the accused in criminal cases
• Right to due process of law
• Right to presumption of Innocence
• Right to be informed of the nature and cause
of accusation
 • Right to be heard by himself and his counsel
• Right to speedy trial
• Right to confrontation of witnesses
• Right to compulsory production of witnesses
and evidence
 • Non-suspension of the Privilege of
Habeas Corpus
• Non-Imprisonment Due to Debt
• Non-Passage of Ex Post Facto and Bill of
Attainder
 DUE PROCESS
• Is a law that hears before it condemns.
• This clause in our fundamental charter
means that no person shall be deprived of
his life, liberty and property unless due
process is observed
 •Procedural due
process
•Substantive due
process
PROCEDURAL DUE PROCESS

•“which hears it before

condemns, which
proceeds upon inquiry,
and renders judgment
only after trial”
 IN JUDICIAL IN ADMINISTRATIVE
PROCEEDINGS PROCEEDINGS

• not always judicial

process
• has its application in • In certain proceedings
of an administrative
judicial proceedings, character, notice
civil or criminal hearing may be
dispense with, where
because of public need
or for practical reasons,
the same is not feasible
PROCEDURAL DUE PROCESS
 SUBSTANTIVE DUE PROCESS

• which requires that the law itself,

not merely the procedures by
which the law would be enforced,
is fair and reasonable, and just.
 MEANING OF LIFE
•Life, as protected by due
process of law, means
something more than mere
animal existence
 MEANING OF LIBERTY
• Liberty, as protected by due process of law denotes
not merely freedom from physical restraint (e.g.
imprisonment) but also embraces the right of man
to use his faculties with which he has been
endowed by his Creator subject only to the
limitation that he does not violate the law or the
rights of others.
 MEANING OF PROPERTY
•Property, as protected by
due process of law, may
refer to the thing itself or to
the right over a thing.
 EQUAL PROTECTION OF THE LAW

• Refers to equality in the enjoyment of

similar rights and privileges granted by
law.
• Sample case: if A is a doctor who earns Php.
35, 000 / month, and B a teacher who is
earning 12, 000 / month, if they will be taxed
with the same amount of Php. 800/ month, is
it just and fair? Does this observed Equal
Protection of the Law?
• Answer: no. it is unjust and unfair to impose
the same amount of tax to two (2) different
individuals who have different monthly
income.
RIGHT AGAINST UNREASONABLE SEARCHES AND
SEIZURES

•Search warrant
• Warrant of arrest
–Probable Cause
 SEARCH WARRANT
• Is a written court order signed by a
judge authorizing search of
property or entry into somebody’s
property to look for unlawful
possession and bring it before the
court
 WARRANT OF ARREST
• Is a written court order issued to a
peace officer directing him to take
into custody the identified person
for the latter to answer for his
alleged commission of a crime.
REQUISITES FOR VALID SEARCH
WARRANT
• issuance by the judge based on
probable cause after examining
both the statements of the
complainant and witnesses;
• and detailed description of the
things to be seized and the persons
to be arrested.
• there is consent or waiver
• Where search is an incident to a lawful arrest
• When an officer making the search has
reasonable cause to conduct it in a vehicle
believed to be containing contraband or
forfeited goods
• When the possession of articles prohibited
by law is disclosed to plain view
Note: Inspection conducted by Health and Sanitary
inspectors in restaurants in the exercise of “state police
power” in view of enforcing laws on public health or by labor
inspectors of companies acting on a complaints of its workers
for possible violation of labor laws and the Bureau of Internal
Revenue examiner of financial records of companies, need
not have warrant. The same is true of routinary searches
made at the border or ports of entry in the interest national
security.
 RIGHT TO PRIVACY OF COMMUNICATION
AND CORRESPONDENCE

• Shall be inviolable except upon

lawful order of the court, or when
public safety or order requires
otherwise as prescribed by law.
 RIGHT OF PRIVACY
• The right to be left alone. It has also been
defined as the right of a person to be free
from undesired publicity, or diclosure and as
the right to live without unwarranted
interference by the public in matters with
which the public is not necessarily concerned.
 ILLUSTRATION
• A telephone conversation between two (2)
drug pushers secretly recorded by police
officers by tapping its wire without court
order is not acceptable. As evidence in
court due to the privacy of communication
enshrined in the Phil. Const.
 FREEDOM OF SPEECH
•Often times called freedom of
expression, both oral and
written.
 FREEDOM OF RELIGION
• Right of a person to worship which
God in his own way and practice
his religious beliefs without
interference from the government,
anybody or groups.
LIBERTY OF ABODE AND TRAVEL
• Refers to the freedom to choose
where one should reside, while
liberty travel means the freedom to
move from one place to another
without interference from anybody
or the government.
 RIGHT TO INFORMATION ON
MATTERS OF PUBLIC CONCERN
• Access to official records, and to documents,
and papers pertaining to official acts,
transactions, or decisions, as well as to
governmental research data used as basis for
policy development, shall be afforded the
citizen, subject to such limitations as may be
provided by law.
 RIGHT TO ASSOCIATION
• The freedom of any Filipino citizen
to organize and join any society or
group, as long as its goals and
activities are not contrary to
existing law of the land
 RIGHT TO JUST COMPENSATION

• Private property shall not be taken

for public use without just
compensation
 NON-IMPAIRMENT OF CONTRACTS
• The principal purpose of this constitutional
provision is that of safeguarding the integrity
of valid contractual agreements against
unwarranted interference from the State in the
form of laws.
 FREEDOM OF ACCESS TO COURTS
• The right was included in the Constitution
in consideration of those citizens whose
economic conditions in life deter them
from going to the court to protect their
property and persons.
RIGHT OF A PERSON UNDER
CUSTODIAL INVESTIGATION

• These rights cannot be

waived except in writing
and in the presence of
counsel.
• Miranda Rights
 RIGHT OF THE ACCUSED IN
CRIMINAL CASES
• Right to bail counsel
• Right to due process • Right to a speedy
of law trial
• Right to presumption • Right to
of innocence confrontation of
• Right to be informed witnesses
of the nature and • Right to compulsory
cause of accusation production of
• Right to be heard by witnesses and
himself and his evidence
 RIGHT OF THE ACCUSED IN
CRIMINAL CASES
• Trial in the absence • Right against
of the accused double jeopardy
• Right to appeal in • Right against death
criminal case penalty
• Right against cruel • Right against
and unusual detention due to
punishment political beliefs and
• Right against self- aspirations
incrimination
 • Habeas Corpus – literally means to
produce the body.
• Writ of Habeas Corpus – is an order
directed to a person detaining another
to produce the body of the latter at a
designated time and place.
 NON-IMPRISONMENT DUE TO DEBT

• No person shall be imprisoned for

debt or non-payment of a poll tax
pr community residence tax.
• Right against double jeopardy

• No person shall be twice put in

jeopardy of punishment for the same
offense. If an act is punished by a law
and an ordinance, conviction or
acquittal under either shall constitute
a bar to another prosecution for the
same act.
NON-PASSAGE OF EX POST FACTO
AND BILL OF ATTAINDER

• Clearly that no ex post

facto or bill of attainder
shall be enacted.
• Ex-Post Facto Law
• Bill of attainder
•End