The 1987 Philippine Constitution

FLORENTINO P. GARCIA JR. BA Pol Sci, CHRA, SO II, DPO

1. Three Branches of the Government
2. Impeachment
3. Suffrage
4. Citizenship
5. Miranda Doctrine
6. Marriage
 What is Government?
 The mandate of the government
from the State is to promote the
welfare of the people.

 It refers to the political machinery

through which the will of the State
is formulated, expressed and
realized.
Doctrine of Parens Patriae:
 The government is the
guardian of the rights of the
people.

 Government of the Philippine

Islands v. Monte de Piedad
Bank (G.R. No. L-9959
December 13, 1916).
Doctrine of Parens Patriae:
Facts of the Case:
Contributions were collected during the
Spanish regime for the relief of the victims of an
earthquake but part of the money was never
distributed and instead deposited with the Monte
de Piedad bank. In action for its recovery filed
later by the government, the defendant
questioned the competence of the Government of
the Philippines, contending that the suit could be
instituted only by the intended beneficiaries
themselves or by their heirs.
Doctrine of Parens Patriae:
Issue of the case:

Whether or not the

Government of the
Philippines has the
authority to file the case?
Doctrine of Parens Patriae:

Ruling:

Yes, The Supreme Court rejected the

contention of the Monte de Piedad and upheld
the right of the government to file the case for the
State as “parens patriae” or being the guardian of
the rights of the people.
 The Philippines is a
democratic and republican
State. Sovereignty resides in
the people and all government
authority emanated from
them. (Article II, Section 1 of
the 1987 Philippine
Constitution)
 The Philippines is a republic with a
presidential form of government wherein
power is equally divided among its three
branches: executive, legislative, and
judicial. The government seeks to act in
the best interests of its citizens through
this system of check and balance.
Legislative Department
According to the 1987 Constitution,
legislative power shall be vested in the
Congress of the Philippines, which shall
consist of a Senate (upper chamber) and a
House of Representatives (lower chamber).

The Senate shall be composed of twenty-four

Senators who shall be elected at large by the
qualified voters of the Philippines, as may be
provided by law; the House of Representatives
shall be composed of not more than 250
(unless otherwise fixed by law), 20 percent of
whom must be Party-list representatives.
Executive Department
Article VII, Section 1, of the 1987
Constitution vests executive power on the
President of the Philippines. The President
is the Head of State and Head of
Government, and functions as the
commander-in-chief of the Armed Forces of
the Philippines. As chief executive, the
President exercises control over all the
executive departments, bureaus, and
offices. The 17th President of the Republic
of the Philippines
Executive Department

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
The 15th Vice President of the
held. Republic of the Philippines
Executive Department
LINE OF SUCCESSION

The constitution provides for a line of succession

in the event that the elected President of the
Philippines is not able to discharge the duties of
his office due to death, disability, or resignation.
The following is the line of succession:
1. Vice President — in cases of the death,
disability, or resignation of the President
Executive Department

2. Senate President — in cases of the death, disability, or

resignation of the President and Vice President

3. Speaker of the House of Representatives — in cases of the

death, disability, or resignation of the President, Vice President,
and Senate President.

Take note: Contrary to popular belief, the constitution doesn’t

include the Chief Justice of the Supreme Court in the President’s
line of succession.
Executive Department
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.
 Executive Department
A cabinet secretary is the alter ego of the
President in their respective departments.
Thus, they possess the power to issue
directives relative to their departments, such as
department orders. These orders only apply to
offices under a specific department under the
cabinet secretary’s jurisdiction.

Cabinet secretaries also act as advisors to

the President of the Philippines for their areas.
Judicial Department
Judicial power rests with the
Supreme Court and the lower courts,
as established by law (Art. VIII, sec. 1
of the 1987 Constitution). Its duty is
to settle actual controversies
involving rights which are legally
demandable and enforceable (Art.
VIII Sec. 1 (2)).

Pursuant to the provisions of the

1987 Constitution, the Supreme
Court is composed of a chief Justice
The chief justice and associate justices are
and 14 associate justices who serve
appointed by the President of the Philippines,
until the age of 70.
chosen from a shortlist submitted by the Judicial
and Bar Council.
HIERARCHY OF COURTS IN THE PHILIPPINES
1. The highest court of the land.

2. The second highest tribunal in the

country.

3. Formerly called as
the Court of First Instance.
Separation of powers is basic in our constitutional design. As
explained by this court in the landmark case of Angara v. Electoral
Commission:

The separation of powers is a fundamental principle in our system

of government. It obtains not through express provision but by
actual division in our Constitution. Each department of the
government has exclusive cognizance of matters within its
jurisdiction, and is supreme within its own sphere. But it does not
follow from the fact that the three powers are to be kept separate
and distinct that the Constitution intended them to be absolutely
unrestrained and independent of each other. The Constitution has
provided for an elaborate system of checks and balances to secure
coordination in the workings of the various departments of the
government.
The doctrine of separation of powers was also discussed in United
States v. Ang Tang Ho, a case which was decided when the
Philippines was still under American rule:

By the organic law of the Philippine Islands and the Constitution

of the United States all powers are vested in the Legislative,
Executive and Judiciary. It is the duty of the Legislature to make
the law; the Executive to execute the law; and of the Judiciary
to construe the law. The Legislature has no authority to execute
or construe the law, the Executive has no authority to make or
construe the law, and the Judiciary has no power to make or
execute the law. Subject to the Constitution only, the power of
each branch is supreme within its own jurisdiction, and it is for
the Judiciary only to say when any Act of the Legislature is or is
not constitutional.
1987 Philippine Constitution,
Article XI, Section 1:

“Public office is a public trust.

Public officers and employees must,
at all times, be accountable to the
people, serve them with utmost
responsibility, integrity, loyalty and
efficiency; act with patriotism and
justice and lead modest lives.
 What is Impeachment?
 A method of national inquest into the
conduct of public men. Generally
understood as a formal process whereby an
official is charged and tried and, if
convicted, removed from office.

 The Supreme Court has referred to it as

“the power of Congress to remove a public
official for serious crimes or misconduct
as provided by the Constitution.”

 Corwin describes it as “the most formidable

weapon in the arsenal of democracy.”
Who are the Impeachable Officers? (1987 Philippine
Constitution, Article XI, Section 2 )
1. President
2. Vice President
3. Members of the Supreme Court
4. Members of the Constitutional Commission
 Commission on Election
 Commission on Audit
 Civil Service Commission
5. Ombudsman
What are the Grounds of Impeachment?

1. Culpable Violation of the Constitution

2. Treason
3. Bribery
4. Graft and Corruption
5. Other High Crimes
6. Betrayal of Public Trust
 1987 PHILIPPINE CONSTITUTION
ARTICLE 4: CITIZENSHIP
Section 1. The following are citizens of the
Philippines:

1. Those who are citizens of the Philippines at the

time of the adoption of this Constitution;
2. Those whose father or mother are citizens of
the Philippines;
3. Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority;
and
4. Those who are naturalized in accordance with
law.
What is Citizenship?
Citizenship is a term denoting
membership of a citizen in a political
community. This membership implies,
reciprocally, a duty of allegiance on the
part of the member and duty of protection
on the part of the state. This legal
relationship involves rights and obligations
on the part both the individual and the
state itself.
What is an Alien?
An alien is a citizen of a country who is
residing in or passing through another
country. He is particularly called “foreigner”.
He is not given the full rights of citizenship
(such as the right to vote and hold public
office) but is entitled to receive protection as
to his person and property.
What are the two principles
governing citizenship by Birth?
1. Jus Sanguines (Law of Blood). Citizenship by virtue of blood
relationship. The children follow the citizenship of the parents.
This prevails in the Philippines.

2. Jus Soli (Law of Soil). Citizenship by virtue of the place of

birth. A person becomes a citizen of the State where he is born
irrespective of the citizenship of the parents. This principle
prevails in the United States of America.
What is Naturalization?
Naturalization is the legal act of
adopting a foreigner and clothing him with
the privileges of a natural-born citizen. A
person may be naturalized either by
complying with the substantive and
procedural requirements of a general
naturalization law or he may be
naturalized by a special act of legislature.
What is the effect of Marriage of a
Citizen to an Alien?
 Under Section 4, a Filipino citizen who
marries an alien does not automatically
loses his or her citizenship, even if his or her
nationality was granted by his or her
husband’s or wife’s country.
 Only by their act or omission are they
deemed under the law to have renounced
their citizenship such as taking an oath of
allegiance to a foreign country.
 If a Filipino woman marries an alien and
acquires her husband’s citizenship, she will
possess two citizenship, Philippine
citizenship and that of her husband.
1987 PHILIPPINE CONSTITUTION
ARTICLE V: SUFFRAGE

Suffrage is the right and

obligation of qualified Filipino
citizen to vote in the national and
local elections and in the decision
of public questions submitted to
them.
 What are the qualification of Voter?
He must be:

1. A citizen of the Philippines;

2. Not otherwise disqualified by law;

3. At least eighteen (18) years of age; and

4. Have resided in the Philippines for at

least one (1) year and in the place wherein
he proposes to vote for at least six (6)
months preceding the election.
Who are disqualified to Vote?
As to who are disqualified to vote, the law
enumerates them as follows:
 
1. Any person who has been sentenced by
final judgment to suffer imprisonment for
not less than one (1) year, such disability
not having been removed by plenary
pardon or granted amnesty. But such
person shall automatically reacquire the
right to vote upon the expiration of five (5)
years after service sentence;
Who are disqualified to Vote?
2. Any person who has been adjudged by final
judgment by competent court or tribunal of having
committed any crime involving disloyalty to the
duly constituted government such as rebellion,
sedition or any crime against national security,
unless restored to his full civil and political rights
in accordance with law. Such person shall likewise
automatically regain his right to vote upon
expiration of five (5) years after service of
sentence;

3. Insane or incompetent persons as declared

by competent authority. This person is not
qualified to vote even if they have the
necessary qualifications.
MIRANDA DOCTRINE/RIGHTS
ERNESTO MIRANDA V. STATE OF ARIZONA, 384 U.S. 436 (1966)
MIRANDA DOCTRINE/RIGHTS
ERNESTO MIRANDA V. STATE OF ARIZONA, 384 U.S. 436 (1966)

Miranda v. Arizona, 384 U.S. 436 (1966), was a

landmark decision of the United States
Supreme Court in which the Court ruled that the
Fifth Amendment to the U.S. Constitution
restricts prosecutors from using a person's
statements made in response to interrogation in
police custody as evidence at their trial unless
they can show that the person was informed of
the right to consult with an attorney before and
during questioning, and of the right against self-
incrimination before police questioning, and that
the defendant not only understood these rights,
but voluntarily waived them.
MIRANDA DOCTRINE/RIGHTS
FACTS OF THE CASE:
This case represents the consolidation of four cases, in each of which
the defendant confessed guilt after being subjected to a variety of
interrogation techniques without being informed of his Fifth Amendment
rights during an interrogation.
On March 13, 1963, Ernesto Miranda was arrested in his house and
brought to the police station where he was questioned by police officers in
connection with a kidnapping and rape. After two hours of interrogation,
the police obtained a written confession from Miranda. The written
confession was admitted into evidence at trial despite the objection of the
defense attorney and the fact that the police officers admitted that they
had not advised Miranda of his right to have an attorney present during
the interrogation. The jury found Miranda guilty. On appeal, the Supreme
Court of Arizona affirmed and held that Miranda’s constitutional rights
were not violated because he did not specifically request counsel.
MIRANDA DOCTRINE/RIGHTS
QUESTION/ISSUE:

Does the Fifth Amendment’s protection against self-

incrimination extend to the police interrogation of a suspect?
 

CONCLUSION/RULING:
(1) The Fifth Amendment requires that law enforcement
officials advise suspects of their right to remain silent and to
obtain an attorney during interrogations while in police custody.
(2) Chief Justice Earl Warren delivered the opinion of the 5-4
majority, concluding that defendant’s interrogation violated the
Fifth Amendment. To protect the privilege, the Court reasoned,
procedural safeguards were required.
MIRANDA DOCTRINE/RIGHTS
CONCLUSION/RULING:
(3) A defendant was required to be warned before questioning that
he had the right to remain silent, and that anything he said
can be used against him in a court of law. A defendant was
required to be told that he had the right to an attorney, and if
he could not afford an attorney, one was to be appointed for
him prior to any questioning if he so desired. After these
warnings were given, a defendant could knowingly and
intelligently waive these rights and agree to answer questions
or make a statement. Evidence obtained as a result of
interrogation was not to be used against a defendant at trial
unless the prosecution demonstrated the warnings were given,
and knowingly and intelligently waived.
MIRANDA DOCTRINE/RIGHTS
CONCLUSION/RULING:

(4) Justice Tom C. Clark wrote a dissenting opinion in which he

argued that the majority’s opinion created an unnecessarily strict
interpretation of the Fifth Amendment that curtails the ability of
the police to effectively execute their duties. He wrote that the
state should have the burden to prove that the suspect was
aware of his rights during the interrogation, but that statements
resulting from interrogation should not be automatically excluded
if the suspect was not explicitly informed of his rights.
MIRANDA DOCTRINE/RIGHTS
CONCLUSION/RULING:

(4) In his separate dissenting opinion, Justice John M. Harlan

wrote that the judicial precedent and legislative history
surrounding the Fifth Amendment does not support the view that
the Fifth Amendment prohibits all pressure on the suspect. He
also argued that there was no legal precedent to support the
requirement to specifically inform suspects of their rights.
Justices Potter Stewart and Byron R. White joined in the dissent.
The Miranda Rights in the Philippine Constitution
Article III. Bill of Rights. 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.

 If you cannot afford a lawyer, the state will provide one for you.
 The right to remain silent is emphasized because any statement you make
can be used against you in court.
 Similarly, it is your right to contact or have access to a lawyer at any time.
 According to the Constitution, these rights cannot be waived "except in
writing and in the presence of counsel."
 WHAT IS MARRIAGE?
 The Family Code of the Philippines (Executive
Order no. 209) was signed into law by late
President Corazon Aquino on July 6, 1987.

 The basic law covering persons and family

relations governs marriages, legal separations,
property relations between spouses, and
parental authority, among others.

Article 1. Marriage is a special contract of permanent union between a

man and a woman entered into in accordance with law for the
establishment of conjugal and family life. It is the foundation of the
family and an inviolable social institution whose nature, consequences,
and incidents are governed by law and not subject to stipulation,
except that marriage settlements may fix the property relations during
the marriage within the limits provided by this Code. (52a)
 What are the Essential Requisites
of Marriage?
Art. 2. No marriage shall be valid, unless these essential requisites are present:

 Legal capacity of the contracting parties who must be a male and a female; and
 Consent freely given in the presence of the solemnizing officer. (53a)

Take Note:
(1) Legal capacity – this means that the parties must have the necessary age and that there
must be no impediment caused by a prior existing marriage or by a certain relationship, whether
on account of affinity or consanguinity.
(2) Consent freely given – refers to the consent of the contracting parties. If there is no consent or
when the parties do not have the intention to be bound, the marriage is void. If there is consent,
but there was error, fraud, intimidation or force, the marriage is voidable.
What are the Formal Requisites
of Marriage?
 Art. 3. The formal requisites of marriage are:

 Authority of the solemnizing officer;

 A valid marriage license except in the cases provided for in Chapter
2 of this Title; and
 A marriage ceremony which takes place with the appearance of the
contracting parties before the solemnizing officer and their personal
declaration that they take each other as husband and wife in the
presence of not less than two witnesses of legal age. (53a, 55a)
Art. 4. The absence of any of the essential or formal
requisites shall render the marriage void ab initio, except as
stated in Article 35 (2).

A defect in any of the essential requisites shall render the

marriage voidable as provided in Article 45.

An irregularity in the formal requisites shall not affect the

validity of the marriage but the party or parties responsible for
the irregularity shall be civilly, criminally and administratively
liable.
Who can solemnized Marriage?
 Any incumbent member of the judiciary within the court's
jurisdiction;
 Any priest, rabbi, imam, or minister of any church or religious sect
duly authorized by his church or religious sect and registered with
the civil registrar general.
 Any ship captain or airplane chief only in the case mentioned in
Article 31;
 Any military commander of a unit mentioned in Article 32; to
which a chaplain is assigned, in the absence of the latter, during a
military operation, likewise only in the cases
 Any consul-general, consul or vice-consul in the case provided in
Article 10. (56a)
 Mayors under the Local Government Code, Section 444.
VOID AND VOIDABLE MARRIAGE
The distinctions between a void and voidable marriage as to its concept
and its effect are as follows:

Void Marriage Voidable Marriage

It is void ab initio. It is void from the The marriage is valid until it is
very beginning and therefore no annulled.
marriage legally exists.
The marriage can never be ratified. The marriage can be ratified by free
cohabitation.
No conjugal partnership is created. There is conjugal partnership unless
the marriage settlements provided
otherwise.
There is no need for judicial A judicial decision is needed to annul
declaration that the marriage is void. the marriage.
 VOID AND VOIDABLE MARRIAGE
Void Marriage Voidable Marriage
The validity of the marriage may be The validity of the marriage may not be
attacked even after the death of one party. attacked after one party dies.
The status of children born out of The status of children born out of voidable
marriages that are void ab initio – They are marriages;
illegitimate children except under Article
54 of the Family Code which provides as a. Those conceived before a decree of
follows: annulment are Legitimate children;
Art. 54. Children conceived or born before
the judgment of annulment or absolute b. Those conceived after a decree of
nullity of the marriage under Article 36 has annulment are illegitimate children.
become final and executory shall be
considered legitimate. Children conceived
or born of the subsequent marriage under
Article 53 shall likewise be legitimated.
Art. 35. The following marriages
shall be void from the beginning:
 Those contracted by any party below eighteen years of age even with
the consent of parents or guardians;
 Those solemnized by any person not legally authorized to perform
marriages unless such marriages were contracted with either or
both parties believing in good faith that the solemnizing officer had
the legal authority to do so;
 Those solemnized without license, except those covered the
preceding Chapter;
 Those bigamous or polygamous marriages not failing under Article
41;
 Those contracted through mistake of one contracting party as to the
identity of the other; and
 Those subsequent marriages that are void under Article 53.
Art. 36. A marriage contracted by any
party who, at the time of the celebration,
was psychologically incapacitated to
comply with the essential marital
obligations of marriage, shall likewise be
void even if such incapacity becomes
manifest only after its solemnization. (As
amended by Executive Order 227)
Art. 37. Marriages between the following
are incestuous and void from the
beginning, whether relationship between
the parties be legitimate or illegitimate:

Between ascendants and descendants of

any degree; and
Between brothers and sisters, whether of
the full or half blood. (81a)
Art. 38. The following marriages shall be void from the beginning for
reasons of public policy:

 Between collateral blood relatives whether legitimate or

illegitimate, up to the fourth civil degree;
 Between step-parents and step-children;
 Between parents-in-law and children-in-law;
 Between the adopting parent and the adopted child;
 Between the surviving spouse of the adopting parent and the
adopted child;
 Between the surviving spouse of the adopted child and the
adopter;
 Between an adopted child and a legitimate child of the adopter;
 Between adopted children of the same adopter; and
 Between parties where one, with the intention to marry the other,
killed that other person's spouse, or his or her own spouse. (82) 
 Make a reaction paper on "PBBM" to be the next Secretary
of Agriculture. Can his programs, such as increasing rice
production, help the country meet the needs of the Filipino
people and avoid a food crisis? Justify your answer in not less
than 250 words on yellow paper.

Your reaction paper will be submitted on Monday. (June

27, 2022)
END