PHILIPPINE CONSTITUTION

written instrument by which the fundamental powers of

the government are established, limited, and defined and
by which the powers are distributed among several
departments for their safe and useful exercise for the
benefit of the body politic
CONSTITUTION
written charter, enacted and adopted by the people of the
state, through a convention of representatives or in any
way the people may choose to act, which a government
for them is ordained or established, and by which the
people give organic and corporate form to that ideal
thing: the state.
TYPES OF CONSTITUTION

1. Written constitution
2. Unwritten constitution
3. Conventional or enacted constitution
4. Cumulative or evolved constitution
5. Rigid or inelastic constitution
6. Flexible or elastic constitution
PARTS OF A CONSTITUTION
 1. Constitution of Government which refers to those provisions which set
up the governmental structure specifically, Articles VI, VII, VIII, IX and
X of the 1987 Constitution.
 2. Constitution of Liberty are the provisions which guarantee individual
fundamental liberties against governmental abuse specifically provided in
Articles III, IV, V, XII, XIII, XIV and XV of the 1987 Constitution and
 3. Constitution of Sovereignty which refers to those provisions which
outline the process whereby the sovereign people may change the
constitution. These are provided in XVII and Article II Section 1 of the
1987 Constitution (Duka, 2019)
ESSENTIAL QUALITIES OF A WRITTEN
CONSTITUTION

It must be broad that in the sense that provides for organization
and structure of the entire government. It must embody the
political history of the nation, it must be broad in the sense that
it provides for the organization and structure of present realities
and the future prospects of the nation's destiny.
ESSENTIAL QUALITIES OF A WRITTEN
CONSTITUTION

The constitution must be brief for it must limit itself to

the basic principles and leave the implementations of
such fundamental principles to the sound judgment of the
legislative department.
ESSENTIAL QUALITIES OF A WRITTEN
CONSTITUTION

It must be definite in order to avoid unnecessary

ambiguities which would later on lead to
confusion, brought about by the different
interpretations and constructions of its provisions
(Cruz, 2003).
THE 1987 CONSTITUTION
The 1987 Constitution is founded upon certain fundamental
principles of government which have become part and parcel of
our cherished democratic heritage as a people. A knowledge of
these principles is, therefore, essential to proper understanding
of our organic law. Among these principles as contained in the
new Constitution are the following:
1. Recognition of the aid of the Almighty God. (See Preamble)
2. Sovereignty of the people (Art. II, Sec 1);
3. Renunciation of war as an instrument of national policy (Art.
II, Sec 2);
4. Supremacy of civilian authority over the military (Art. II, Sec
3);
6. Recognition of the importance of the family as a basic social
institution
and of the vital role of the youth in nation-building (Art. II, Sec.
12, 13;
Art. XV);
7. Guarantee of Human Rights (Art. III, Sec 1-22);
8. Government through suffrage (Art. V, Sec 1);
9. Separation of powers (Art VI, Sec 1);
10. Independence of the Judiciary (Art. VIII, Sec 1);
11. Guarantee of local autonomy (Art. X, Sec 2);
12. High sense of public service morality and accountability of
public
officers (Art XI, Sec 1);
 13. Nationalization of natural resources and certain private enterprises
 affected with public interest (Art. XII, Sec 2, 3, 17, 18);
 14. Non-suability of the State (Art. XVI, Sec. 3);
 15. Rule of the majority; and
 16. Government of laws and not of men
ARTICLE I
NATIONAL TERRITORY

 The national territory comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all other territories over which
the Philippines has sovereignty or jurisdiction, consisting of its
terrestrial, fluvial, and aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and other submarine areas.
 The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the
internal waters of the Philippines.
 ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES

 SECTION 1. The Philippines is a democratic and republican State. Sovereignty

resides in the people and all government authority emanates from them.
 SECTION 2. The Philippines renounces war as an instrument of national policy,
adopts the generally accepted principles of international law as part of the law of the
land and adheres to the policy of peace, equality, justice, freedom, cooperation, and
amity with all nations.
 SECTION 3. Civilian authority is, at all times, supreme over the military.
 ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES

 SECTION 4. The prime duty of the Government is to serve and protect

the people.
 SECTION 5. The maintenance of peace and order, the protection of life,
liberty, and property, and the promotion of the general welfare are
essential for the enjoyment by all the people of the blessings of
democracy.
 SECTION 6. The separation of Church and State shall be inviolable.
STATE POLICIES
 SECTION 7. The State shall pursue an independent foreign policy. In its
relations with other states the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and the right to self-
determination.
 SECTION 8. The Philippines, consistent with the national interest, adopts
and pursues a policy of freedom from nuclear weapons in its territory.
 SECTION 9. The State shall promote a just and dynamic social order that
will ensure the prosperity and independence of the nation and free the
people from poverty through policies that provide adequate social
services, promote full employment, a rising standard of living, and an
improved quality of life for all.
STATE POLICIES

SECTION 10. The State shall promote social justice in all

phases of national development.
SECTION 11. The State values the dignity of every human
person and guarantees full respect for human rights.
STATE POLICIES

 SECTION 12. The State recognizes the sanctity of family life and shall
protect and strengthen the family as a basic autonomous social institution.
It shall equally protect the life of the mother and the life of the unborn
from conception. The natural and primary right and duty of parents in the
rearing of the youth for civic efficiency and the development of moral
character shall receive the support of the Government.
STATE POLICIES

SECTION 13. The State recognizes the vital role of the youth in
nation-building and shall promote and protect their physical,
moral, spiritual, intellectual, and social well-being. It shall
inculcate in the youth patriotism and nationalism, and
encourage their involvement in public and civic affairs.
FOREIGN POLICY

general objectives that guide the activities and

relationships of one state in its interactions with
other states.
ARTICLE III - THE BILL OF RIGHTS
a declaration and enumeration of the individual rights and
privileges which the Constitution is designed to protect against
violations by the government or by individual or groups of
individuals.
It is a charter of liberties for the individual and a limitation upon
the power of the State.
CLASSIFICATION OF RIGHTS
Natural Rights - possessed by every citizen without being
granted by the State for they are conferred by God so that
human beings may live a fulfilled life. Examples: the right to
live; the right to love.
Constitutional Rights - conferred and protected by the
Constitution. They cannot be modified or taken away by the
law-making body.
CONSTITUTIONAL RIGHTS ARE CLASSIFIED AS
FOLLOWS:

 Political Rights clothes the citizens with the power to participate, directly or indirectly, in the
establishment or administration of the government.
  Examples: right of citizenships; suffrage.
2.2 Civil Rights - enforced by law at the instance of private individuals for the purpose
of securing to them the enjoyment of their means of happiness.
2.3 Social and Economic Rights intended to insure the well-being and economic security
of the individual.
2.4 Rights of the Accused intended for the protection of a person accused of any crime.
3. Statutory Rights - provided by laws promulgated by the law-
making body and may be abolished by the same body.
 ARTICLE III
BILL OF RIGHTS

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.
 BILL OF RIGHTS

 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.
PROBABLE CAUSE

Sets of facts or circumstances that will engender a well –

founded belief that a crime has been committed and the person
charged is probably guilty thereof
 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.
 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.
 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.
 (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 of victims of torture or similar practices, and
their families. civil sanctions for violations of this section as well as compensation to
and rehabilitation
 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.
 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.
 ARTICLE IV
CITIZENSHIP

Citizenship denotes membership of a permanent character in a

community. A citizen of a state is one who owes allegiance to it
and is correspondingly entitled to its protection.
 METHODS OF ACQUIRING CITIZENSHIP
A person's citizenship may be acquired either by birth or by naturalization. Those who
acquired citizenship by birth are considered as natural born citizens.
There are two principles in acquiring citizenship by birth - jus sanguinis and jus soli
principles.
1. Citizenship by birth
 A person's citizenship is determined at the time of his birth by following either of the
following principles:
 (a) jus sanguinis - under this principle a child follows the nationality or citizenship of
the parents regardless of the place of his birth.
 b. jus soli - under this principle a child's citizenship is determined by the place of his
birth.
The Philippines adheres to the jus sanguinis principle

The Philippine law on citizenship adheres to the principle of jus

sanguinis. Thereunder, a child follows the nationality or
citizenship of the parents regardless of the place of his/her birth,
as opposed to the doctrine of jus soli which determines
nationality or citizenship on the basis of place of birth.
2. CITIZENSHIP BY NATURALIZATION

 Naturalization refers to an act whereby a person acquires a citizenship

different from that person's citizenship at birth. Naturalization is most
commonly associated with economic migrants or refugees who have
immigrated to a country and resided there as aliens, and who have
voluntarily and actively chosen to become citizens of that country after
meeting specific requirements.
2. CITIZENSHIP BY NATURALIZATION

a. Administrative Naturalization under Republic Act No.

9139, also known as the Administrative Naturalization
Act of 2000.
 There shall be constituted a Special Committee on Naturalization herein referred to as
the "Committee", with the Solicitor General as chairman, the Secretary of Foreign
Affairs, or his representative, and the National Security Adviser, as members, with the
power to approve, deny or reject applications for naturalization as provided in this
Act. (Section 6, R.A. 9139)
 b. Judicial Naturalization under Commonwealth Act No. 473. The applicant for
naturalization must file his petition for naturalization with the Court.
 c. Citizenship by Congressional grant. The Congress of the Philippines may enact a
law which would grant an alien an outright Philippine citizenship.
The examples of this mode of acquiring Philippine citizenship
by an alien is Republic Act No. 10636 granting Philippine
citizenship to Andray Blatche, Republic Act No. 10148 granting
Philippine citizenship to Marcus Douthit and Republic Act No.
8266 which granted Filipino citizenship to Rev. Fr. Paul Van
Parijs, CICM.
NATURAL BORN CITIZENS

Based on the express provisions of the 1987 Constitution, the following are natural born
citizens of the Philippines:

 1. Citizens of the Philippines from birth without having to perform any act to acquire
or perfect their Philippine citizenship;

 2. Those born before January 17, 1973 of Filipino mothers, who elect
 Philippine citizenship upon reaching the age of majority.
DUTIES AND OBLIGATIONS OF A CITIZEN

 1. To be loyal to the Republic.

 2. To defend the State.
 3. To contribute to the development and welfare of the State.
 4. To uphold the Constitution and obey the laws.
 5. To cooperate with the duly constituted authorities.
 6. To exercise rights responsibly and with due regard for the rights of others.
 7. To engage in gainful work.
 8. To register and vote.
NOTE:

Citizen - a member of a democratic state

Subject - a member of a monarchial state
 ARTICLE V-SUFFRAGE

 Suffrage is the right and obligation of qualified citizens to vote in the

election of certain national and local officials of the government and in
the decision of public questions submitted to the people.
SCOPE OF SUFFRAGE
 1. Election
 - a political exercise whereby the sovereign people choose a candidate to fill up an elective
government position.
  2. Plebiscite - a political right of the sovereign people to ratify or reject constitutional amendments or
proposed laws.
  3. Referendum - the right reserved to the people to adopt or reject any or act measure which has been
passed by a legislative body and which in most cases would, without action on the part of the electors,
becomes a law.
  4. Initiative – the power of the people to propose bills and laws to enact or reject them at the polls
independent of the legislative assembly.
  5. Recall – a system by which an elective official is removed by popular vote before the end of his
term.
PERSONS DISQUALIFIED TO VOTE
 1. Any person who has been sentenced by final judgment to suffer imprisonment for
not less than one year, such disability not having been removed by plenary pardon or
amnesty. But such person shall automatically reacquire the right to vote upon
expiration of five years after service of sentence.
 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, violation of the antisubversion and firearms
laws, 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 years after service of sentence.
  3. Insane or incompetent persons as declared by competent authority.
 ARTICLE VI- LEGISLATIVE DEPARTMENT

Duties of the Legislative Department

 The Congress of the Philippines is tasked by the present Constitution to:
 1. enact laws intended as a rule of conduct to govern relationships among individuals or between the
individuals and the state;
 2. choose who shall become president in case two or more candidates have equal number of highest
votes;
 3. approve the annual budget of the government;
 4. ratify treaties and agreements between the Philippines and other countries;
 5. conduct inquiries and investigations in aid of legislation;
 6. confirm through the Commission on Appointments certain appointees of the President;
 ARTICLE VI- LEGISLATIVE DEPARTMENT
 7. declare the existence of a state of war;
 8. impose taxes and appropriate government funds;
 9. impeach government officials as provided by the Constitution;
 10. act as constituent assembly in revising or amending the Constitution;
 11. confirm or cancel the declaration of martial law by the President; and
 12. decide on election protests involving its members through the House of
Representatives Electoral Tribunal (HRET). The Congress holds regular sessions
throughout the year starting on the fourth Monday of July until June of the succeeding
year. The President may also call on Congress for special sessions anytime to settle
important issues affecting the country.
 ARTICLE VII-EXECUTIVE DEPARTMENT

The executive power is vested in the President of the

Philippines.
 
Executive power defined as the power to administer
the laws, which means carrying them into practical
operation and enforcing their due observance.
The executive department is composed of the
President and the Vice President with the
following qualifications:
1. Natural-born citizen of the Philippines;
2. Registered voter;
3. Able to read and write;
4. At least forty years old on the day of the election; and
5. A resident of the Philippines for at least ten years before the
election
The Constitution provides that the President will serve the
country for a term of six years and after that he can no longer be
reelected as President. The President is the commander-in-chief
of all the armed forces. He has the power to veto the bills passed
by Congress. He has the power to appoint members of the
cabinet and other officials as provided by the Constitution.
DUTIES OF THE PRESIDENT

 The President is mandated by the Constitution among others to:

 1. be the commander in chief of all the Armed Forces of the Philippines;
 2. veto the bills enacted by Congress;
 3. appoint heads of executive departments, ambassadors and other public ministers,
consuls, heads of bureaus, and other offices;
 4. declare martial law in accordance with the Constitution; and
 5. grant reprieves, commutations, pardons, and amnesty.
 Article VIII-Judiciary

The judicial power is vested in the Supreme Court and in such

lower courts as may be established by law. Judicial power is
the power to apply the laws to contests or disputes
concerning legally recognized rights or duties between the
state and private persons, or between individual litigants in
cases properly brought before the judicial tribunal.
The Constitution provides that judicial power shall be
exercised by one Supreme Court and other lower courts
as may be provided by law. The Supreme Court is
composed of a Chief Justice and 14 Associate Justices. It
may sit en banc or in its discretion, in divisions of three,
five, or seven members.
THE FOLLOWING QUALIFICATIONS ARE REQUIRED FOR
APPOINTMENT TO THE SUPREME

 Court:
 1. A natural-born citizen of the Philippines;
 2. At least 40 years old;
 3. A judge of a lower court or a practicing lawyer in the Philippines for at
 least 15 years; and
 4. A person with proven competence, integrity, probity, and independence.