The Philippine Constitution PDF

GE1712 The Philippine Constitution Filipino People), which was modified into the Malolos Constitution later. The foreigner, US Col. L. M. Johnson, attended because I. Ang Panu...

GE1712 The Philippine Constitution Filipino People), which was modified into the Malolos Constitution later. The foreigner, US Col. L. M. Johnson, attended because I. Ang Panunumpa ng Katapatan sa Watawat ng Pilipinas Rear Admiral George Dewey (the actual invited) was forbidden by the US government to attend, thus declared it was his “mail day”. Ako ay Pilipino L. M. Johnson, though entitled as a Colonel of Artillery, wasn’t a Buong katapatang nanunumpa military personnel – he was, in fact, a cinematograph operator. Sa watawat ng Pilipinas At sa bansang kanyang sinasagisag Constitution Content Na may dangal, katarungan at kalayaan Preamble Na pinakikilos ng sambayanang We, the Representatives of the Filipino people, lawfully convened, Maka-Diyos in order to establish justice, provide for common defense, promote Maka-tao the general welfare, and insure the benefits of liberty, imploring Makakalikasan at the aid of the Sovereign Legislator of the Universe for the Makabansa. attainment of these ends, have voted, decreed, and sanctioned the following: II. Panatang Makabayan Constitution Articles Iniibig ko ang Pilipinas, aking lupang sinilangan, I. The Republic Tahanan ng aking lahi, kinukupkop ako at tinutulungang  Defines what the Philippine Republic is Maging malakas, masipag at marangal II. The Government Dahil mahal ko ang Pilipinas,  Details the description of the Philippine Government Diringgin ko ang payo ng aking magulang, as the face of the masses, and the branches it Susundin ko ang tuntunin ng paaralan, contains, as well as the limitations of those who hold Tutuparin ko ang mga tungkulin ng isang mamamayang makabayan, these positions Naglilingkod, nag-aaral at nagdarasal nang buong katapatan. III. Religion Iaalay ko ang aking buhay, pangarap, pagsisikap  Focuses on religious freedom, and the separation of Sa bansang Pilipinas. church and state IV. The Filipinos and their National and Individual Rights III. The Constitution  Details the Civil Rights of the Filipinos and, by The 1899 Constitution – is also known as the Malolos extension, foreigners [extranjeros] Constitution. This has been the declaration chartered by several V. The Legislative Power members of the Katipunan in hopes of making the Philippines an  Details the extent of power of the Legislative branch independent nation. It has been ratified or made valid by the and its duties Katipuneros and tried to rally international countries for support. VI. The Permanent Commission This constitution, as history recounts, was not recognized  Details the responsibilities of the Permanent internationally. Commission VII. The Executive Power There has been an issue regarding the extranjero or the foreigner  Details the extent of power of the Executive branch that signed the Acta de la Proclamación de Independencia del and its duties Pueblo Filipino (Minutes of the Declaration of Independence of the 04 Handout 1 *Property of STI Page 1 of 9  GE1712 VIII. The President of the Republic of the Philippine Commission (upper house) and Philippine  Details the criteria for being a President of the Assembly (lower house). It also aimed for the development Government, the length of term, and his or her duties of the bill of rights for the Filipinos, and the appointment of IX. The Secretaries of the Government two (2) commissioners to act as the country’s delegates in  Focuses on the formation of the Cabinet and their the US House of Representatives. duties X. The Judicial Power o Jones Law (1916) – also known as the Philippine  Details the extent of power of the Judicial branch and Autonomy Act, removed the Philippine Commission which its duties was replaced by the Senate where Filipinos first elected its XI. Provincial and Popular Assemblies officials.  Details the duties and functions of provincial and/or popular assemblies, which act as local government o Hare-Hawes-Cutting Act (1933) – a Filipino-rejected law units passed by three (3) US senators ratified by the US XII. Administration of the State Congress due to veto overrule. It laid out the ten-year  Focuses on the duties of the government itself process and date for Philippine independence as pursued XIII. Amendment of the Constitution by the OsRox mission.  Focuses on reforming, or amending, the Constitution XIV. Constitutional Observance, Oath, and Language o Tydings-McDuffie Act (1934) – although not recognized  Focuses on observing and following the Constitution as a constitution, it paved way for the development of the constitutional convention which helped establish a formal Transitory Provisions constitution to the country.  Details the gradual transition from the Spanish Constitution Content constitution to this written constitution, which also details Preamble emergency instructions during wartime, as the The Filipino people, imploring the aid of Divine Providence, in government established was a REVOLUTIONARY order to establish a government that shall embody their ideals, government, which is aimed for the benefit of soldiers and conserve and develop the patrimony of the nation, promote the able men and women who can be of service in times of general welfare, and secure to themselves and their posterity the war (Art. 94-101, with an unnumbered additional article). blessings of independence under a régime of justice, liberty, and democracy, do ordain and promulgate this Constitution. The 1935 Constitution - Also known as the Commonwealth Constitution, this has been the Constitution made by the Filipinos Constitution Articles but ratified by both Filipinos and Americans. It introduced the I. The National Territory Commission on Elections (COMELEC) as well as the recognition that the Philippines will be put under US rule. It was made after it  Describes the country as a ceded nation to the United was amended using the following Acts passed by the US States due to the Treaty of Paris conformed by both Government in preparation for government independence: the US and Spain, effectively making the Philippines a US territory o The Philippine Organic Act (1902) – developed the II. Declaration of Principles bicameral standing of the Philippine Legislation, composed  Details the observance and compliance of the principles established, which are as follows: 04 Handout 1 *Property of STI Page 2 of 9  GE1712 o Definition of a republic state VII. Executive Department o State defense and service  Details the duties, responsibilities, and limitations of o Renunciation of war the executive branch of government o Parental duties in developing children for civil VIII. Judicial Department service  Details the duties, responsibilities, and limitations of o Social justice the judicial branch of government III. Bill of Rights IX. Impeachment  Details the rights of the citizens, with the following civil  Details the candidates, conditions, and the court rights listed: proceedings of impeachment o Life and Liberty X. Commission on Elections o Property  Details the institution, function, and regulation of o Lawful Searches COMELEC o Abode (home) and Travel XI. General Auditing Office o Privacy  Details the responsibilities and general procedures of o Unions, associations, and societies the General Accounting Office o Religion XII. Civil Service o Speech  Details the description, criteria, and scope of the o Acceptance of Titles Philippine civil service o Contract Agreement XIII. Conservation and Utilization of Natural Resources o Rights against Summary Executions and  Details the criteria, scope, and usage of natural Retroactive laws (No ex post facto or Bill of resources, and corrective measures to those deemed Attainder) guilty of violating these provisions o Unlawful Imprisonment due to Tax XIV. General Provisions o Involuntary Servitude  Details all provisions not merited in the previous o Privilege of the writ of habeas corpus (Unlawful articles, which are: Imprisonment) o The Flag o Right to Due Process o Upholding the Constitution o Capital and Bailable Offenses o Development and Promotion of the national o Miranda Rights / Silence language, science, invention, the arts and letters o Right Against Self-Incrimination o Education o Unlawful Fine Payment o Labor protection and Private corporations o Double Jeopardy o The National Police o Free access to court and defense o Promulgation of the Constitution IV. Citizenship XV. Amendments  Details the qualifications of being a Filipino citizen  Focuses on the proceedings of the Legislation should V. Suffrage there be any provisions that need amendments  Details on the right to vote XVI. Transitory Provisions VI. Legislative Department  Details the transitory period between the American  Details the duties, responsibilities, and limitations of intervention (military government) up to the the legislative branch of government 04 Handout 1 *Property of STI Page 3 of 9  GE1712 establishment of the Commonwealth, when the the blessings of democracy under a regime of justice, peace, Filipinos inaugurated Manuel L. Quezon liberty, and equality, do ordain and promulgate this Constitution. XVII. Special Provisions Effective upon the Proclamation of Philippine Independence Constitution Articles  Focuses on the United States’ grounds of intervention I. The National Territory and influence over the developing Philippines  Describes the country as an independent nation with XVIII. The Commonwealth and the Republic its properties and all within its jurisdictions under the  Details the recognition of the Philippines as a Philippine ownership including air space, territorial Commonwealth nation under the supervision of the seas, and islands within the territorial spaces United States claimed by the country II. Declaration of Principles and State Policies Ordinances Appended to the Constitution  Same as the 1935 Constitution, but promotes the  Details the overall control of the United States over the Filipino-centric values of peace, equality, justice, Philippines due to the agreement made by the two freedom, cooperation, and amity with a few updates nations, including the usage of every natural resources of which are: the country and the free establishment of foreign o Duties of the Filipino youth businesses in the country. o Establishment and maintenance of various social services Amendments from the original 1935: o Civilian authority, provisions, and benefits  Added the formation of COMELEC as the new Article X o Autonomy of local government units for self- from the original. reliance III. Citizens The 1973 Constitution - Famous for being made and ratified by  Renamed from Citizenship Filipinos during the Marcos period. It introduced two (2) new  Adds provisions for Filipinas who marry aliens (i.e. commissions: Commission on Audit (CoA) and the Civil Service foreigners), and describes what a natural-born Commission (CSC). It also introduces the responsibilities of the citizen is Local Government, as well as the introduction of the Prime IV. Bill of Rights Minister in the Office.  Adds two (2) new civil rights from the previous constitution, and provided specified explanations of The Constitution explained that the Prime Minister, as the head of each existing right: the government, has more power than the president. Through this, o Information it would have effectively changed the government from a Republic o Right to access speedy trial into a Parliamentary form. V. Duties and Obligations of Citizens  Details on the responsibilities of the citizens to the Constitution Content country and to the fellowman Preamble VI. Suffrage We, the sovereign Filipino people, imploring the aid of Divine VII. The President and Vice-President Providence, in order to establish a government that shall embody  Details on the distinctions of duties, responsibilities, our ideals, promote the general welfare, conserve and develop the and criteria of both presidential and vice-presidential patrimony of our Nation, and secure to ourselves and our posterity 04 Handout 1 *Property of STI Page 4 of 9  GE1712 positions  All three (3) commissions have common guidelines  Explained that the Head Speaker of the National which they are expected to follow aside from their Assembly will become the acting-president in case of individual provisions presidential crisis or absence XIII. Accountability of Public Officers VIII. National Assembly  Details the candidates, conditions, and the court  Renamed from Legislative Department proceedings of impeachment  Provides the same responsibilities as before  Added a provision for the creation of the Office of the IX. The Prime Minister and the Cabinet Ombudsman  Renamed from Executive Department XIV. The National Economy and the Patrimony of the  Provides the same responsibilities, with the Prime Nation Minister as head of the Cabinet of Ministers  Added a provision for the creation of the National  Basically explains that the President is also the Prime Economic and Development Authority to be headed Minister by the Prime Minister X. The Judiciary  Details the control and prohibition of private  Renamed from Judicial Department monopolies, as well as provide opportunities,  Provides the same responsibilities as before guidelines, and limitations for the Filipino XI. Local Government entrepreneurs  Details the powers and duties of the heads of the local  Details as well the powers of the government in government units emergencies relating to business transactions and  Divides the country into (in descending order): the likes o Provinces  States that the natural resources will be used by the o Cities Filipinos only, including agrarian reforms o Municipalities XV. General Provisions o Barrios  Details all provisions not merited in the previous XII. The Constitutional Commissions articles, which are:  Merged three (3) Articles to form one (1): o The Flag o Commission on Elections o Adoption of national symbols, and adoption of a o Civil Service Commission new country name  Renamed from Civil Service o Promulgating the Constitution in both English and  Responsible for providing eligibility of Filipino people to work for government agencies and o Oath of the National Security in upholding the government-related work Constitution o Commission on Audit o Development and Promotion of the national  Renamed from the General Accounting language, science, invention, the arts and letters Office o Salary and Tax  Responsible for providing financial reports o Education and the Study of the Constitution and accountancy from all government o Development and Implementation of Technical agencies, as well as file cases for finance- and Vocational education related cases o Separation of church and State 04 Handout 1 *Property of STI Page 5 of 9  GE1712 o Filing cases against the State II. Declaration of Principles and State Policies XVI. Amendments  Same as the previous constitutions, but promotes XVII. Transitory Provisions the ideologies of being both a democratic and  Details the transitory period between the republic government, giving the power to the people. Commonwealth to the ratification of this new Some of the principles and policies enacted are: constitution o Separation of church and State  Added a provision for the Interim National Assembly, o Reserve army (ROTC) which is temporary until the members of the National o Supreme authority of civilian power over military Assembly are elected o Declaration of an independent foreign policy  Details the promulgation and processes during and o Renunciation of nuclear power after Martial Law o Poverty and Social Justice o The Family, the Women, and the Filipino Youth Amendments from the original 1973: o Public Health, Education, and Labor  Added the duties of the Vice-President in Article VII, as o Investments and Economy well as reduced the powers of the President by III. Bill of Rights transferring it to the Prime Minister.  Listed below is the COMPLETE Bill of Rights, which  Article VIII renamed from Batasang Pambansa. every Filipino should know:  Article IX renamed from The Prime Minister, The Cabinet o Life and Liberty and The Executive Committee o Lawful Searches / Issuance of Warrants o Privacy The 1987 Constitution - Known as the “Freedom Constitution”, o Speech, Expression, and of the Press is the constitution made in fulfilling the duties of both republic and o Religion democratic. It brought together all of the hardships and trials of o Abode and Travel the people and their desire for change. It is still in use today, o Information although it has been publicly criticized for its vagueness and o Unions, associations, and societies supposed loopholes. o Property o Contract Agreement Constitution Content o Free access to court and defense Preamble o Miranda Rights / Silence (also includes anti- We, the sovereign Filipino people, imploring the aid of Almighty torture) God, in order to build a just and humane society, and establish a o Reclusion perpetua (40-year imprisonment), Government that shall embody our ideals and aspirations, bailable and capital offenses promote the common good, conserve and develop our patrimony, o Right to Due Process & Presumption of and secure to ourselves and our posterity, the blessings of Innocence independence and democracy under the rule of law and a regime o Unlawful Imprisonment of truth, justice, freedom, love, equality, and peace, do ordain and o Right to access speedy trial promulgate this Constitution. o Right Against Self-Incrimination o Political Imprisonment and Involuntary Servitude Constitutional Articles o Rights against excessive fines and inhumane I. The National Territory punishments 04 Handout 1 *Property of STI Page 6 of 9  GE1712 o Unlawful Imprisonment due to Tax and Debt Cordilleras, with the following legislative powers o Right against Double Jeopardy bestowed before them: o Rights against Summary Executions and o Administrative organization Retroactive laws o Creation of sources of revenues IV. Citizenship o Ancestral domain and natural resources  Renamed from Citizens o Personal, family, and property relations  Added a provision regarding dual citizenship o Regional urban and rural planning development V. Suffrage o Economic, social, and tourism development  Added a provision regarding the security of the o Educational policies ballot’s secrecy and sanctity, as well as for absentee o Preservation and development of the cultural voters, procedures for the differently-abled and heritage illiterate o Provisions aimed for general welfare VI. Legislative Department XI. Accountability of Public Officers  Renamed from National Assembly  Highlights the importance of public accountability and VII. Executive Department trust once in office  Renamed from The Prime Minister and the Cabinet  Impeachment can now be imposed by both officials  Restores the powers of the President by merging the and civilians to the following: symbolic power of the president and the executive  The House of Representatives shall be the one to duties of the Prime Ministers preside all impeachment cases  Renamed the various Ministries into Departments  Establishment of the Sandiganbayan, an anti-graft VIII. Judicial Department court, who will hold all graft and corruption-related  Renamed from The Judiciary cases IX. The Constitutional Commissions  The Office of the Ombudsman assigns an entirely  Reinstated the independence of the three (3) new Ombudsman, with the former Ombudsman Commissions assigned from the 1973 Constitution be reassigned in  Limits the persons holding the positions from holding the new Office of the Special Prosecutor other positions other than the one entrusted with  Stresses the importance of the public figures’  All three (3) commissions have fiscal and policy allegiance to the State and to the Constitution autonomy XII. The National Economy and Patrimony X. Local Government  States that the economy will be an equal distributor of  Divides the country into several regions, with each opportunity, income, and wealth, and as such enjoying local autonomy (in descending order): promotes self-reliance o Provinces  States the intent of promoting industrialization and full o Cities employment o Municipalities  States that the Constitution will defend the human o Barangays and natural resources of the country, as well as  Provides autonomy in regions home for Muslims in Filipino enterprises against unfair foreign Mindanao, as well as to those who live in the competitions and trade practices 04 Handout 1 *Property of STI Page 7 of 9  GE1712 XIII. Social Justice and Human Rights o Filing cases against the State  Details the government’s will to uphold social equality o Oath of the National Security in upholding the and justice by justly diffusing wealth and property to Constitution the people, as well as securing human rights o Promulgating the Constitution in both English and XIV. Education, Science and Technology, Arts, Culture Filipino and Sports o Salary and Tax  Details the government’s will to protect and promote o Education and the Study of the Constitution quality education at all levels o Development and Implementation of Technical  Instills the importance of studying the Constitution, and Vocational education nationalism (love for the country), and patriotism (love XVII. Amendments or Revisions for the countrymen) XVIII. Transitory Provisions  Details the Ordinance of the Department of  Details the transitory period between the previous Education, Culture, and Sports (DECS) and the constitution to the ratification of this new constitution Department of Science and Technology (DOST)  Added a provision for the beginning and ending terms  Reinforces the lingua franca of the country: English of all elected in this new constitution and Filipino, whereas Arabic and Spanish shall be  Details as well the provisions not mentioned in the promoted on a voluntary and optional basis previous articles  Details the establishment of a national language commission that aims to promote researches for the Ordinance development, propagation, and preservation of  Details the formation of the House of Representatives in Filipino and other languages each region XV. The Family  Recognizes the family as the foundation of the nation, Reference/s: “1899 Constitution of the republic of the Philippines (Malolos Convention)” (n.d.). including elderly members Retrieved from http://www.lawphil.net/consti/consmalo.html  Instills the sanctity of marriage as a foundation for “1899 Malolos constitution” (n.d.). Lifted and modified from family formation http://www.thecorpusjuris.com/constitutions/1899-constitution.php “1935 Constitution amended” (n.d.). Lifted and modified from  Details the thins the Constitution will defend: http://www.officialgazette.gov.ph/constitutions/1935-constitution-ammended/ o Formation of family and responsible parenthood “1935 Constitution of the republic of the Philippines” (n.d.). Retrieved from o Right of children to assistance and special http://www.lawphil.net/consti/cons1935.html protection from child grievances “1973 Constitution of the republic of the Philippines” (n.d.). Lifted and modified from http://www.lawphil.net/consti/cons1973.html o Right for family wage and income “1987 Constitution of the republic of the Philippines” (n.d.). Lifted and modified from o Participation in planning and implementation of http://www.lawphil.net/consti/cons1987.html policies and programs that affect them “The 1899 Malolos constitution” (n.d.). Lifted and modified from XVI. General Provisions http://www.officialgazette.gov.ph/constitutions/the-1899-malolos- constitution/  Details all provisions not merited in the previous “The amended 1973 constitution” (n.d.). Lifted and modified from articles, which are: http://www.officialgazette.gov.ph/constitutions/the-amended-1973- o The Flag constitution-2/ o Adoption of national symbols, and adoption of a “The Constitution of the republic of the Philippines” (n.d.). Lifted and modified from http://www.officialgazette.gov.ph/constitutions/1987-constitution/ new country name 04 Handout 1 *Property of STI Page 8 of 9  GE1712 Ching, J. (2010). Panatang makabayan ng Pilipinas: Old (original) and new version. Retrieved from https://f00y0ng2.blogspot.com/2010/10/panatang- makabayan-ng-pilipinas-old.html de Leon, H. S., & de Leon, H. M., Jr. (2014). Textbook on the Philippine constitution. Quezon City: Rex Book Store, Inc. Gunday, V. (n.d.). 1899 Constitution of the republic of the Philippines. Lifted and modified from https://www.lgu.ph/listings/1899-constitution-of-the-republic- of-the-philippines/ Jesoro, A. J. (2011). Malolos republic. Lifted and modified from https://www.slideshare.net/AlyannaJeserenceJesoro/malolos-republic Mercaode, L. (2012). Panatang makabayan: Old and new version. Retrieved from https://angtagapagmulat.wordpress.com/2012/05/08/panatang-makabayan- old-and-new-version/ Robles, C. (n.d.). 1899 Constitution of the republic of the Philippines - Chan Robles virtual law library. Retrieved from http://www.chanrobles.com/1899constitutionofthephilippines.htm#.WjHvOtK WbGg Robles, C. (n.d.). 1935 Constitution of the republic of the Philippines – Chan Robles virtual law library. Retrieved from http://www.chanrobles.com/1935constitutionofthephilippines.htm#.WjNg9tK WbGg Robles, C. (n.d.). 1973 Constitution of the republic of the Philippines – Chan Robles virtual law library. Retrieved from http://www.chanrobles.com/1935constitutionofthephilippines.htm#.WjNg9tK WbGg Robles, C. (n.d.). 1987 Constitution of the republic of the Philippines – Chan Robles virtual law library. Retrieved from http://www.chanrobles.com/philsupremelaw1.htm Roco, R. S. (2001). DO 54, s. 2001 - The revised panatang makabayan. Retrieved from http://www.deped.gov.ph/orders/do-54-s-2001 Shetty, S. D. (2016). There’s a world of difference between patriotism and nationalism. Retrieved from http://www.huffingtonpost.in/sudhanva-d-shetty/patriotism- nationalism-a-_b_9354822.html Tagalog Lang (2002). Panatang makabayan. Retrieved from https://www.tagaloglang.com/panatang-makabayan/ Tagalog Lang (2002). Panunumpa ng katapatan sa watawat ng Pilipinas. Retrieved from https://www.tagaloglang.com/filipino-pledge-of-allegiance-to-flag/ 04 Handout 1 *Property of STI Page 9 of 9