Philippine Constitution

Main Topic IV:
The Philippine Constitution

Lesson 1
The Meaning of a
Constitution
A. 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.
B. 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 ( People
VS Linsangan, 62 Phil 646 ,December 21,
1935).
• 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.
• 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.
C. Classifications of a Constitution
A constitution is classified as;
1. Written and unwritten.
A written constitution is one in which most of its provisions
are embodied in a single formal written instrument or
instruments. It is a work of conscious art and the result of a
deliberate effort to lay down a body of fundamental principles
under which government shall be organized and conducted
(Martin, 1960). The classic example of a written constitution
is the United States Constitution. While an unwritten
constitution is one which is entirely the product of political
evolution, consisting largely of a mass of customs, usages and
judicial decisions together with a smaller body of statutory
enactments of a fundamental character, usually bearing
different dates (Garner, in Cruz, 2002). The English
Constitution is an example of an unwritten constitution.
2. Cumulative or evolved and conventional or enacted;
Cumulative and Conventional. A constitution is cumulative or
evolved when it has its origin mainly in custom, common law
principles; decisions of courts. It is the product of historical
evolution and growth rather than of deliberate and formal
enactment. It has no formal starting point, is not struck off at
a specific date, and it changes by slow gradual accretion
rather than by formal legal process. On the other hand, a
conventional or enacted is one, which has been formulated
usually by a constitutional assembly or promulgated by the
King (Garner, in Cruz, 2002). It is struck-off at a definite time
and place
3. Rigid and flexible
Rigid and Flexible. A rigid constitution is one that can be
amended only by a formal and usually difficult process, while
a flexible is one that can be altered by the same body that
makes ordinary laws of the state (Since, 1938). Examples of a
rigid constitution are those of the Philippines and United
States, while flexible Constitution includes those of Great
Britain, Hungary, Italy, and Spain. The 1987 Constitution of
the Philippines is classified as written, enacted and rigid
constitution.
D. Essential qualities of a good
written constitution
A good written constitution must be broad, brief, and
definite. It is broad in the sense that it outlines an
organization of the government for the whole state.
Brief, because its nature requires that only its great
outline should be marked, its important objects
designated, and the minor ingredients which composed
those objects be deduced from the nature of the objects
themselves. Definite, since any vagueness resulting from
the opposing interpretation of the Constitutional
provisions may cause incalculable harm and chaos to
the nation (Martin, 1960; citing Malcolm, 1936).
E. Parts of the Philippine
Constitution
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
Lesson 2
The Metamorphosis of
the Philippine
Constitution
At least seven Philippine Constitutions were
framed in our history
1. The 1897 Constitution of Biak-na-Bato

2. The 1899 Malolos Constitution ( 1899-1901)
3. The 1935 Constitution and the Commonwealth
Government
4. The Japanese Occupation and the Second
Philippine Republic (1943 Constitution)
5. The 1973 Constitution and the Marcos
Dictatorship
6. The Freedom Constitution (1986)
7. The 1987 Constitution
• 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 Malvon
(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 which 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.
• 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 on September
15, 1898 amidst a large celebration and coverage by both the
legal 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
XXIII)
• 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, the formally established the first civil government in
the islands.
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.
Government
• 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 Osmena 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.
Government
• 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.
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 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.
Government
• 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.
Government
• 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.
Government
• 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.
• 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
reestablishment of the Commonwealth in the
Philippines.
Dictatorship
• On June 1, 1971, a Constitutional Convention

was convened at the Manila Hotel. Its purpose
was to write a new constitution 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.
Dictatorship
• 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.
Dictatorship
• But the convention’s activities soon came to a temporary

halt when President Marcos declared martial law in
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.
Dictatorship
• 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.
Dictatorship
• 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.
• 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.”
• By virtue of Sec. 1, Article 5 of the Freedom Constitution,

President Aquino issued on April 23, 1986 Proclamation
No. 9, consisting 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

Munoz 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. An
overwhelming 17,059,495 voted to ratify the constitution
while 5,058,714 voted against it.
• On February 11, 1987, 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.”
• Among its significant provisions are as follows:

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 person 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 X - Local Government

Article I - National Territory Article XI - Accountability of
Article II - Declaration of Public Officers
Principles and State Policies Article XII - National Economy
Article III - Bill of Rights and Patrimony
Article IV - Citizenship Article XIII - Social Justice and
Article V - Suffrage Human Rights
Article VI - Legislative Article XIV - Education, Science
Department and Technology and Arts
Article VII - Executive Article XV - The Family
Department Article XVI - General Provisions
Article VIII - Judicial Article XVII - Amendments and
Department Revision
Article IX - Constitutional Article XVIII - Transitory
Commission Provisions
Lesson 3
Parts of the 1987

Constitution
There are three parts of the 1987 Philippine
Constitution. They are the following.
1. Constitution of Government
2. Constitution of Liberty
3. Constitution of Sovereignty
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.
As early as in the case of US vs. Nag Tang Ho in 1922 (43 Phil
1 [Feb. 27,1922]), it was held that the different departments of
the government are coordinate, coequal and each functions
independently, uncontrolled and uncontrollable by the other.
Under the 1987 Constitution, the Philippine government is

composed of three equal branches.
1. Legislative Department. A branch of
government that has the power to pass, amend,
and repeal laws. The legislative power is
conferred upon 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.
1.1. The House of Senate
1.2. The House of Representatives

2. Executive Department. This is another 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;
2.1 The President
The President of the Philippines is elected by direct vote by the
people for a term of six years. He may only serve for one term, and is
ineligible for reelection. The term of the President of the Philippines
starts at noon of the 30th day of June after the election.
2.2 The Vice –President
The Vice President of the Philippines is elected by direct vote by the
people for a term of six years, and may run for reelection once. The
term of the Vice President of the Philippines starts at noon of the
30th day of June after a regular election is held.

2.3 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.

2.4 The Local Government
The executive branch extends beyond the national government.
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.

3. Judicial Department. This is the branch of government charged
with the interpretation of laws and the administration of justice.
Judicial power is vested in the Supreme Court and other lower
courts established by law. The judiciary has the duty to settle
actual controversies involving rights, which are legally
demandable and enforceable. This judicial branch of the
government is composed of the following courts;
3.1 Supreme Court
At the top tier of the judicial hierarchy is the Supreme Court. It is
presided over by a Chief Justice and is composed of 14 other Justices.
The Court may adjudicate En Banc or in divisions of three, five or
seven Justices each. Currently, the Supreme Court is organized into
the En Banc and three divisions of five (5) Justices each.
3.2. The Court of Appeals

The CA is assigned to review cases elevated to it from the Regional
Trial Courts (RTCs) as well as quasi-judicial agencies such as the
Civil Service Commission, Securities and Exchange Commission,
National Labor Relations Commission, and the Land Registration
Authority. The CA also reviews cases where the sentence is reclusion
perpetua or life imprisonment, as well as decisions of the Office of
the Ombudsman in administrative disciplinary cases. The CA is a
collegial court and sits en banc only to exercise administrative,
ceremonial or other non-adjudicatory
functions. Being an appellate court, it resolves cases based on the
record of the proceedings from the trial court; in certain cases,
however, the CA also conducts hearings and receives evidence such
as, for instance, in applications for the writ of Amparo or Habeas
Data, whether in the exercise of original jurisdiction or on remand
from the Supreme Court.
3.3. The Court of Appeals

The CTA has exclusive jurisdiction to review on appeal decisions in
cases involving disputed assessments, refunds of internal revenue
taxes, fees, or other charges, penalties in relation thereto, or other
matters arising under the National
Internal Revenue Code. It also exercises original jurisdiction over all
criminal offenses arising from violations of the Tax or Tariff Codes
and other laws administered by the Bureau of Internal Revenue or
the Bureau of Customs.
3.4 The Sandiganbayan

The Sandiganbayan is an anti-graft court that has jurisdiction to try
public officers with a salary grade of 27 and above (including any co-
accused who are private persons) charged with criminal cases
involving violation of the country’s laws on graft and corruption,
particularly RA 3019, as amended, otherwise known as the AntiGraft
and Corrupt Practices Act, and corresponding civil cases for
recovery of civil liability arising from the offense. Likewise, the
Sandiganbayan is vested with appellate jurisdiction over final
judgments, resolutions or orders of the RTC whether in the exercise
of their original or appellate jurisdiction over crimes and civil cases
falling within the original exclusive jurisdiction of the
Sandiganbayan but which were committed by public officers below
Salary Grade 27.
Private individuals can be tried in cases before the Sandiganbayan if
they are alleged to be in conspiracy with the public officer. The
decisions of the Sandiganbayan are directly appealable to the
Supreme Court.
3.5. The Trial Courts of the First and the Second Level
In the first tier are the Courts of the First Level consisting of the
Metropolitan Trial Courts (MeTCs), which are established in
Metropolitan Manila; the Municipal Trial Courts in Cities (MTCCs),
in every city which does not form part of Metropolitan Manila; the
Municipal Trial Courts (MTCs), established in each of the other
cities or municipalities; and Municipal Circuit Trial Courts
(MTCCs), created in each circuit
comprising such cities and/or municipalities as grouped by law.
At the same level are the Shari’a Circuit Courts (SCC). Shari’a
Courts have been established in Islamic regions and provinces to
interpret and apply the Code of Muslim Personal Laws (under
Presidential Decree No. 1083). Their decisions are appealable to the
Shari’a Appellate Court which, however, has yet to be organized.
The second tier consists of the Regional Trial Courts (RTCs)

established in each of the thirteen (13) regions in the Philippines.
Each RTC may be composed of a single
sala or of several branches. RTCs have both original and appellate
jurisdiction. In exercising the former jurisdiction, RTCs act as trial
courts receiving evidence in the first instance from the parties to a
case falling within its jurisdiction; in exercising the latter
jurisdiction, the RTCs act as a court of appeal over the decisions of
the Courts of the First Level.
Also on the same level are the Shari’a District Courts (SDC), whose
decisions are appealable to the still-to-be organized Shari’a Appellate
Court. Pending such organization, SDC Decisions are reviewed by
the Supreme Court through the special civil action of certiorari
under Rule 65 if the issue is one of jurisdiction or through a petition
for review on certiorari by way of appeal under Rule 45 of the Rules
of Court.
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.
There are 22 sections under this Article III of the 1987

Constitution otherwise known as The Bill
of Rights. To wit;
Section 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.
Section 2. The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall
issue except upon probable cause to be determined personally
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.

of Rights. To wit;
Section 3. (1) The 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.
(2) Any evidence obtained in violation of this or the preceding
section shall be inadmissible for any purpose in any
proceeding.
Section 4. No law shall be passed abridging the freedom of
speech, of expression, or of the press, or the right of the people
peaceably to assemble and petition the government for redress
of grievances.

of Rights. To wit;
Section 5. No law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof. 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.

of Rights. To wit;
Section 6. The liberty of abode and of changing the same
within the limits prescribed by law shall not be impaired
except upon lawful order of the court. Neither shall the right
to travel be impaired except in the interest of national
security, public safety, or public health, as may be provided by
law.

of Rights. To wit;
Section 7. The right of the people to information on matters of
public concern shall be recognized. Access to official records,
and to documents and papers pertaining to official acts,
transactions, or decisions, as well as to government research
data used as basis for policy development, shall be afforded
the citizen, subject to such limitations as may be provided by
law.

of Rights. To wit;
Section 8. The right of the people, including those employed in
the public and private sectors, to form unions, associations, or
societies for purposes not contrary to law shall not be
abridged.
Section 9. Private property shall not be taken for public use
without just compensation.
Section 10. No law impairing the obligation of contracts shall
be passed.
Section 11. Free access to the courts and quasi-judicial bodies
and adequate legal assistance shall not be denied to any
person by reason of poverty.

of Rights. To wit;
Section 12. (1) Any person under investigation for the
commission of an offense shall have the right to be informed
of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the
person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in
writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any
other means which vitiate the free will shall be used against
him. Secret detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.

of Rights. To wit;
Section 12. (3) Any confession or admission obtained in
violation of this or Section 17 hereof shall be inadmissible in
evidence against him.
(4) The law shall provide for penal and civil sanctions for
violations of this section as well as compensation to and
rehabilitation of victims of torture or similar practices, and
their families.

of Rights. To wit;
Section 13. All persons, except those charged with offenses
punishable by reclusion perpetua when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient
sureties, or be released on recognizance as may be provided by
law. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended. Excessive
bail shall not be
required.

of Rights. To wit;
Section 14. (1) No person shall be held to answer for a criminal
offense without due process of
law.
(2) In all criminal prosecutions, the accused shall be presumed
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, impartial, and public
trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of
evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he has been
duly notified and his failure to appear is unjustifiable.

of Rights. To wit;
Section 15. The privilege of the writ of habeas corpus shall not
be suspended except in cases of invasion or rebellion when the
public safety requires it.
Section 16. All persons shall have the right to a speedy
disposition of their cases before all judicial, quasi-judicial, or
administrative bodies.
Section 17. No person shall be compelled to be a witness
against himself.

of Rights. To wit;
Section 18. (1) No person shall be detained solely by reason of
his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been
duly convicted.

of Rights. To wit;
Section 19. (1) Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. Neither shall the
death penalty be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides for
it. Any death penalty already imposed shall be reduced to
reclusion perpetua.
(2) The employment of physical, psychological, or degrading
punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman
conditions shall be dealt with by law.

of Rights. To wit;
Section 20. No person shall be imprisoned for debt or non-
payment of a poll tax.
Section 21. 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.
Section 22. No ex post facto law or bill of attainder shall be
enacted.
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. 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.”
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.
By virtue of this sovereignty, that power to amend or revise
the 1987 Constitution is thereby vested on the Congress upon
a vote of three-fourths of all its members; or through a
constitutional convention.

Philippine Constitution

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Philippine Constitution

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Main Topic IV:

The Philippine Constitution

• A Constitution is defined as the

• Some constitutions, such as the constitution

• The constitution of India is the longest

1. It prescribes the framework of the system

4. It promotes public welfare, which involves

• The constitution is written by a

• After writing the constitution, the draft

1. The 1897 Constitution of Biak-na-Bato

• The Philippine Revolution reached a stalemate

• In order to consolidate the forces still fighting in

• An assembly of Filipino rebel leaders were called

• The Constitution was promulgated by the

• In spite of being a copied constitution, the Biak-na-Bato

• Following the defeat of Spain by the United States in the Spanish-

• The Congress was originally conceived by presidential adviser

• Discussion for the Constitution began on October 25 after the

• The original draft of the constitution, however, emphasized a

• The Malolos Constitution was the first republican

• The approval of the Constitution and the creation of the republic

• The first Philippine Republic was inaugurated on January 23,

• The Malolos Republic was the first democratic government of the

• The Republic, however, was a short-lived government. Its demise

• For over a decade, the Americans ran the government in

• The Jones Law reorganized the government with an

• Despite the American concession of letting the Filipinos

• Following the signings of Tydings-McDuffie Law, the

• On July 10,1934, an election an election was held to vote

• The Constitution was approved by US President Franklin

• The 1935 Constitution of the Philippines served as the

• The 1935 Constitution enumerated the composition,

• The framing of the 1935 Constitution was

• The Commonwealth Government was

• Acting on the orders of the Japanese military, the

• The 1943 Constitution was basically a condensed version

• The 1943 Constitution was recognized as

• On June 1, 1971, a Constitutional Convention

• Almost immediately, the convention became controversial.

• But the convention’s activities soon came to a temporary

• The 1973 Constitution provided for a parliamentary form

• Legislative power was vested in the Batasang Pambansa.

• In 1981, amendments were made to the 1973 Constitution

• The 1973 Constitution remained in force until the

• On March 24, 1986, President Aquino signed

• Under the Freedom Constitution, the President continued

• By virtue of Sec. 1, Article 5 of the Freedom Constitution,

• On June 2 the ConCom, headed by former Justice Cecilia

• On February 11, 1987, the New Constitution was

• Among its significant provisions are as follows:

• Among its significant provisions are as follows:

Preamble Article X - Local Government

Parts of the 1987

The present Constitution established a representative

Under the 1987 Constitution, the Philippine government is

Under the 1987 Constitution, the Philippine government is

Under the 1987 Constitution, the Philippine government is

Under the 1987 Constitution, the Philippine government is

Under the 1987 Constitution, the Philippine government is

3.2. The Court of Appeals

3.3. The Court of Appeals

3.4 The Sandiganbayan

The second tier consists of the Regional Trial Courts (RTCs)

This part of the 1987 constitution, The Bill of Rights,