Philippine Constitutions Overview

Philippine Constitutions

• The Philippine Constitutions are a collection of foundational documents outlining the governance structure and principles of the country.
• The documents detail the framework and roles of the three branches of government: executive, legislative, and judicial.
• They also define the rights and duties of Filipino citizens.

Objectives of the Study

• Understand the structure and functions of the three branches of government.
• Gain awareness of the rights and duties of Filipino citizens.
• Appreciate and understand principles like the rule of law, separation of powers, checks and balances, and protection of fundamental rights.

What is a Constitution?

• A constitution is a codified list of provisions that establishes the limitations of governmental power, and outlines government responsibilities towards citizens.
• It represents a set of established precedents and codified principles governing a state.

Limitation of Power of the Government: Rule of Law

• All government officials are subject to the law, and cannot act beyond their legal authority.
• Specific examples of government power limits are outlined in the constitution.

Limitation of Power of the Government: Judicial Review

• Courts have the power to review and invalidate any laws or executive actions that violate the constitution.
• This serves to uphold the constitutionality of actions.

Limitation of Power of the Government: Constitutional Rights

• The government cannot infringe on individual rights outlined in the constitution, such as freedom of speech, religion, and the press.
• These rights limit government interference in personal liberties.

Limitation of Power of the Government: Freedom of Speech and Expression

• No law may limit freedom of speech, expression, or press.
• Citizens can express opinions and ideas freely without governmental censorship or suppression.

Limitation of Power of the Government: Freedom of Religion

• No law may be made respecting an establishment of religion, or prohibiting the free exercise thereof.
• Citizens have free exercise and enjoyment of religious profession and worship without discrimination or preference.

Limitation of Power of the Government: Right to Privacy

• The privacy of communication and correspondence is inviolable, except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law.
• This limits government surveillance and interference with personal privacy.

Limitation of Power of the Government: Question: Sim Card Registration

• Whether sim card registration is a violation of privacy depends on the use and protection of the data.
• If used only for registration and secure communication, and users are informed about usage, it might not be a violation.
• However, if used for unrelated purposes like surveillance or marketing without consent, it could be considered a violation of privacy.

Limitation of Power of the Government: Term Limits

• Elected officials, like presidents and members of Congress, have fixed terms to prevent indefinite power.
• This limits power consolidation and prevents officials from abusing authority.

Limitation of Power of the Government: Term Limits - Senators

• Senators serve for a maximum of two consecutive terms (12 years)
• A break in service allows for re-election.

Limitation of Power of the Government: Term Limits - Members of the House of Representatives

• Members of the House of Representatives serve for a maximum of three consecutive terms (9 years),
• A break in service allows for re-election.

Limitation of Power of the Government: Preventing Abuse of Power

• Term limits prevent indefinite power and reduce the risk of abuse.
• This discourages officials from consolidating power and engaging in corruption.

Limitation of Power of the Government: Encouraging Political Renewal and Fresh Ideas

• Term limits create opportunities for new leaders and fresh ideas, fostering progress.
• It promotes new perspectives and innovative approaches.

Limitation of Power of the Government: Promoting Accountability

• Term limits force officials to prioritize public service, deliver results during their limited term, and remain accountable.

Limitation of Power of the Government: Preventing Dynastic Politics

• Term limits prevent families or individuals from holding onto power indefinitely, enabling a more diverse participation in democracy.

Limitation of Power of the Government: Checks and Balances

• Each branch of government has the power to limit or oversee the actions of the others, creating a balance.
• The legislative branch can impeach, the executive can veto, and the judicial branch can declare laws unconstitutional.

Limitation of Power of the Government: Protection of Life, Liberty, and Property

• The Philippine government is tasked with maintaining peace, order, and safety, ensuring the protection of life, liberty, and property.

Limitation of Power of the Government: Provision of Basic Services

• The state provides integrated and comprehensive approaches to health, education, and other social services.
• This ensures that all citizens have access to essential, affordable services.

Limitation of Power of the Government: Promotion of Social Justice

• The state promotes social justice across all aspects of national development.
• Programs such as Pantawid Pamilyang Pilipino Program (4Ps) provide conditional cash transfers to alleviate poverty and achieve social equity.

Limitation of Power of the Government: Protection of Human Rights

• The state values and protects the dignity of every human person and guarantees full respect for human rights.
• The Commission of Human Rights (CHR) investigates human rights violations, ensuring citizens' rights are upheld.

Limitation of Power of the Government: Upholding the Rule of Law

• The Supreme Court and other courts ensure that laws are fairly interpreted and upheld.
• This maintains accountability of the government to the people.

Limitation of Power of the Government: Economic Development and Employment

• The country aims for equitable distribution of opportunity, income, and wealth, along with an increase in goods and services.
• Infrastructure development, economic growth, and job creation are key in raising the quality of life.

Limitation of Power of the Government: Promotion of Education

• The state ensures all citizens have access to quality education at all levels.
• The implementation of the K-12 educational system ensures the provision of basic education.

Limitation of Power of the Government: Defense of the State

• The government has the responsibility of serving, protecting, and defending the country.
• The Armed Forces of the Philippines (AFP) is responsible for protecting national sovereignty.

Responsibilities of the People to the Government

• Obeying laws and regulations to maintain order and protect individual rights.
• Participating in elections to influence decision-making and hold leaders accountable.
• Paying taxes to fund public services and infrastructure.
• Engaging in community service to strengthen democratic principles.
• Respecting the rights of others to ensure a harmonious society.
• Defending country (if required) through military or civil service.

Evolution of Philippine Constitutions

• Details various historical Philippine Constitutions, highlighting pivotal dates, their characteristics, and the historical context of their creation.

Importance of the Constitution: Protection of Rights and Liberties

• Understanding the contents empowers citizens to know their rights and how to assert them.
• Providing mechanisms for challenging wrongful actions such as unlawful detention.

Importance of the Constitution: Promoting Nationalism and Patriotism

• Promotes unity and national pride by defining the country's sovereignty, values, and ideals.
• Encouraging patriotism through education on history and national values.

Importance of the Constitution: Guidance for Government Institutions

• Provides a blueprint for government structure and operation, ensures a balance of power, and prevents abuse.

Importance of the Constitution: Foundation for Laws

• All laws in the Philippines must conform to the Constitution.
• Helps citizens understand their legal framework and enables them to challenge laws that are inconsistent with constitutional principles.

Importance of the Constitution: Framework for Civic Participation

• The Constitution provides a structure for civic involvement, allowing people to exercise their rights and responsibilities.

Importance of the Constitution: Promotion of Social Justice

• Emphasizes equality and social justice, making it vital for addressing inequalities.

Importance of the Constitution: Empowerment Against Corruption and Abuse

• The Constitution safeguards against corruption by providing mechanisms for investigation and impeachment.