1987 PHILIPPINE CONSTITUTION

CONSTITUTION
A written instrument enacted by direct action of
the people by which the fundamental powers of
the government are established, limited and
defined, and by which those powers are
distributed among the several departments for
their safe and useful exercise for the benefit of
the body politic. (Malcolm, Philippine
Constitution)
The 1987 Constitution was ratified in a plebiscite
on February 2, 1987.
CLASSIFICATION
Written
The 1987 Constitution wasUnwritten
ratified in a plebiscite
Enacted
on (Conventional)
February 2, 1987. Evolved (Cumulative)
Rigid Flexible

Ways to Interpret:
1. Verba Legis
2. Ratio legis est anima
3. Ut magis valeat quam pereat
Parts of a Written Constitution

1. Constitution of Sovereignty – provision

pointing out modes or procedures to formally
change the Constitution.
2. Constitution of Liberty – Fundamental civil and
political rights of citizens and imposing
limitations to the power of the government
3. Constitution of Government – provides
structure and system of government
Constitutional Constitutional People’s Initiative
Assembly Convention
By congress acting as By Congress upon a vote Upon a petition thru
ConAss upon vote of ¾ of of 2/3 of all its members plebiscite (at least 12% of
all its members (to call for ConCon); or the total number of
registered voters of
Upon a majority of vote which every legislative
of all members of the district must be
Congress to submit to the represented by 3% of RV
electorate the question therein)
calling a ConCon (Full text of the proposed
(+plebiscite) amendments attached in
the petition)
Amendment or Revision Amendments only
(No amendment may be
authorized oftener than
once every 5 years.)
RATIFICATION – Amendments or Ratification to
the Constitution should be ratified by the
majority in a plebiscite held not earlier than 60
days nor later than 90 days after approval of
such amendment.

Initiative – power of the people to propose

amendments to the constitution or to propose
and enact legislations.

Referendum – power of the electorate to

approve or reject legislation through an election
called for that purpose.
SYMBOLS OF NATIONALISM

• Philippine Flag (may be changed by a constitutional

amendment
• Name of Country
• National Anthem
• National Seal

Congress may, by law, adopt new symbols subject to a

ratification by the people in a referendum.
 HISTORY of the
PHILIPPINE CONSTITUTION
History
• April 23, 1986 – President Aquino issued
Proclamation no. 9 that had created the
Constitutional Commission of 1986
• October 12, 1986 – after 133 days of work, the
Constitution was approved by the members of
the Commission
• February 2, 1987 – the constitution was
ratified in a plebiscite.
IMPORTANCE
Contents
• The Constitution is the supreme law of the
land.
• As law is defined as a mode of social control
through systematic application of force, the
constitution therefore is a mode and instrument
of social control too.
• It contains the highest goals of the land.
PREAMBLE
Preamble
• We, the sovereign Filipino people, imploring the
aid of Almighty God, in order to build a just and
humane society, and establish a Government that
shall embody our ideals and aspirations, promote
the common good, conserve and develop our
patrimony, and secure to ourselves and our
posterity, the blessings of independence and
democracy under the rule of law and a regime of
truth, justice, freedom, love, equality, and peace,
do ordain and promulgate this Constitution.
What is a Preamble?
Preamble
• From the Latin word, “preambulare” = “to
walk before”
• The prologue of the Constitution and it
introduces the main subject.
• Not as powerful as other sections in the
Constitution, as it confers:
– 1. no right
– 2. no obligation
– 3. not a source of right
Importance of the Preamble
Importance of the Preamble
• It sets down origin and purposes.
• It tells us who are the authors, and for whom
the Constitution is for.
• It states the general purpose.
• May serve as an aid in interpretation.
ARTICLE 1
National Territory
Article 1
• 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.
 PHILIPPINE ARCHIPELAGO
That body of water studded with islands which is
delineated in the Treaty of Paris, as amended by
the Treaty of Washington and the Treaty of
Great Britain.
Article 1
• Article 1 houses and fixes the territorial limits
of the Philippines.
• Territorial limits are necessary for nation-states
to make other nation-states to be well-informed
of each other’s jurisdiction over a certain
territory.
“Jurisdiction is the extent or range of
judicial, law 
enforcement, or other authority”
• Territorial limits avoid territorial conflict.
Article 1
• Philippine National Territory includes:
– A. The Philippine Archipelago, islands and waters
therein
– The Philippines currently have 7,641 as of February
2016.
 Article 1
• Philippine National Territory includes:
– B. All other territories which the Philippines has
jurisdiction

Spratlys Sabah
Islands

Miangas /
Scarborough Palmas
Shoal Island
Article 1
• Philippine National Territory includes:
– C. Terrestrial, fluvial and aerial domains

Terrestrial Fluvial Aerial

Article 1
• Philippine National Territory includes:
– D. Internal Waters
Article 1
• Philippine National Territory includes:
– E. Territories ceded by the virtue of the US-Spain
Peace Treaty of 1900, specifically the islands of
Cagayan, Sulu and Sibuto
Article 1
• Philippine National Territory includes:
– F. Territories ceded by the virtue of the Us-UK
Treaty of 1930, specifically of Turtle and Mangsee
Island
Article 1
• Philippine National Territory includes:
– G. Batanes, an island belonging to the Philippines
by historic or legal title
Components of Territory
• 1. Terrestrial Domain
– Or the land mass
• 2. Maritime and Fluvial Domain
– Inland and External Waters
• 3. Aerial Domain
– Airspace above the land and waters
Areas Included in the Philippine Archipelago

• 1. Territorial Sea
• 2. Seabed
• 3. Sub-soil
• 4. Insular Shelves
• 5. Other Submarine Areas
Areas Included in the Philippine Archipelago

• 1. Territorial Sea
– Part of the sea extending 12 nautical miles from the
low-watermark.
1 nautical mile = 1,852 metres (approximately 6,076 feet)

• 2. Seabed
– Land that holds the sea, includes mineral and natural
resources
• 3. Sub-soil
– Everything beneath the surface of the soil and
seabed.
Areas Included in the Philippine Archipelago

• 3. Sub-soil
– Everything beneath the surface of the soil and
seabed
• 4. Insular Shelves
– Submerged portions of a continent or offshore
islands, which slope gently seaward.
• 5. Other Submarine Areas
– All areas under territorial sea.
Philippine Waters
• 1. Internal Waters
• 2. Territorial Waters
• 3. Contiguous Zone
• 4. 200 miles Exclusive Economic Zone
• 5. High Seas
Philippine Waters
Philippine Waters
Philippine Waters
• 1. Internal Waters
– Parts of the sea within land territory.
– Rivers, canals, lake, creeks.
• 2. Territorial Waters
– Belt of waters outside and parallel to the coastline.
• 3. Contiguous Zone
– Part of the sea extending 24 nautical miles from low
watermarks.
– Law enforcers can board, inspect, search and seize
foreign vessels if they are violative of our laws.
Philippine Waters
• 4. 200 miles Exclusive Economic Zones
– Part of the sea extending 200 nautical miles from
low watermark.
– Area where preservation, exploration and
exploitation of aquatic and other marine resources is
reserved to Filipinos.
• 5. High Seas
– International Waters.
– Lie seaward to the territorial sea.
– Owned in common by all states.
What is Archipelagic Doctrine?
Archipelagic Doctrine
• Archipelagic Doctrine means the integration of
group of island to the sea and their oneness so
that they constitute one unit.
• This is done by joining appropriate points of the
outermost islands of the archipelago with
straight lines and all the waters and islands
enclosed within the base line form part of the
territory of the Archipelagic states.
PURPOSE OF ARCHIPELAGIC DOCTRINE:

1. Territorial Integrity
2. National Security
3. Economic Reasons
Archipelagic Doctrine
Archipelagic Doctrine
Can a State Acquire New Territories?
New Territories
• Yes.
• States can acquire new territories by:
– A. Cession
– This is the assignment of property to another entity.
– In international law it commonly refers to land
transferred by treaty

Hong Kong was ceded to China in 1997 by the UK.

New Territories
• Yes.
• States can acquire new territories by:
– B. Occupation
– A territory is considered occupied when it is actually placed under the
authority of the hostile army.

Annexation of Crimea in 2014

New Territories
• Yes.
• States can acquire new territories by:
– C. Accretion
– Accretion is the natural process of growth, slow addition of
soil material, such as clay, silt, sand, or gravel, to land by
deposition through the operation of natural causes. 

Singapore
New Territories
• Yes.
• States can acquire new territories by:
– D. Conquest
– The acquisition of territory through force, especially by a
victorious state in a war at the expense of a defeated state.

Spanish Conquest in the Philippines

New Territories
• Yes.
• States can acquire new territories by:
– E. Prescription
– This is the sovereignty transfer of a territory by the open encroachment
by the new sovereign upon the territory for a prolonged period of time,
acting as the sovereign, without protest or other contest by the original
sovereign.

Miangas Islands
The End