PhilGov Reviewer: 1987 Philippine Constitution

Constitution of the Philippines

• Enacted on February 2, 1987, it is the law of the land, basic, and fundamental
• Consists of 18 articles covering various aspects of the country's governance and citizens' rights

Articles of the 1987 Constitution

• Article 1: National Territory
• Article 2: Declaration of Principles and Policy
• Article 3: Bill of Rights
• Article 4: Citizenship
• Article 5: Suffrage
• Article 6: Legislative Department
• Article 7: Executive Department
• Article 8: Judicial Department
• Article 9: Constitutional Commissions
• Article 10: Local Government
• Article 11: Accountability of Public Officers
• Article 12: National Economy and Patrimony
• Article 13: Social Justice and Human Rights
• Article 14: Education, Science and Technology, Arts, Culture, and Sports
• Article 15: The Family
• Article 16: General Provisions
• Article 17: Amendments and Revisions
• Article 18: Transitory Provisions

Laws and Statutes

• Laws enacted by Congress are called Statutes (RA #)
• Statutes are a source of law, the foundation, and basic law of the land

Private Agreements and Ordinances

• A private agreement between two parties is called a Contract
• Ordinances are laws that apply only within a specific jurisdiction (e.g., city, province, municipality)

History of the Philippine Constitution

• Spanish Colonization: No constitution
• Malolos Government (First Constitution): First constitution, not recognized by European powers
• Jones Law 1916: Declared the intention of the US to grant the Philippines independence and provide more autonomous government
• 1935 Constitution: Commonwealth government, transition government before granting independence
• 1943 Constitution: During Japanese colonization
• 1975 Constitution: Used during 1975-1986
• 1987 Constitution: The current constitution

Constitutional Characteristics

• By Form: Written (compiled document) or Unwritten (not compiled, seen in various sources)
• By Origin: Conventional (constructed at a definite time and place) or Cumulative/Evolved (product of political evolution)
• By Amendment: Rigid (difficult to amend due to systematic process) or Elastic (easily amended)

Elements of a State

• People: Inhabitants of the state, no legal requirement, must be female and male to perpetuate
• Territory: Fixed portion of land, with advantages and disadvantages depending on size
• Government: Agency through which the will of the people is carried out, with the mandate to promote the welfare of the people
• Sovereignty: Independent government organized for political purposes

Government Functions

• Constituent (Mandatory): Government function that constitutes the bond of society (peace and order)
• Ministrant (Optional): Intended to ensure that the members of the state meet their basic needs

Forms of Government

• Monarchy: Supreme authority is in the hands of a single person
• Absolute Monarchy: Ruler rules by divine right
• Limited Monarchy: Ruler governs in accordance with the law and the will of the people