Philippine Constitution PDF

Concept of the Constitution that body of rules and principles in accordance with which the powers of sovereignty are regularly exercised Constitution of the Philippines that written instrument by which the fundamental powers of the government are established, limited and defined and by which...

Concept of the Constitution that body of rules and principles in accordance with which the powers of sovereignty are regularly exercised Constitution of the Philippines that written instrument by which the fundamental powers of the government are established, limited and defined and by which these powers are distributed among the three branches for their safe and useful exercise for the benefit of the people Kinds of Constitution 1. As to their origin or history a. Conventional or enacted – one which is enacted by a constituent assembly or granted by a monarch ti his subjects like the constitution of Japan in 1889 b. Cumulative or evolved – like the English constitution – one which is the product of growth or a long period of development originating from customs, traditions, judicial decisions, rather than from a deliberate or formal enactment 2. As to form : a. Written – one which has been given a definite written form as a particular time, usually by a constituent authority called a “constitutional convention” b. Unwritten – one which is entirely a product of political evolution, consisting largely of a mass of customs, usages, and judicial decisions. The constitutions is unwritten only in the sense that it is not codified in a single document. Indeed there is no constitution that is entirely written or unwritten.  3. As to the Nature of Amending them: a. Rigid or inelastic – one regarded as a document of special sanctity which cannot be amended or altered except by the special machinery more cumbrous than ordinary legislative process b. Flexible or elastic – one which possess as higher legal authority than ordinary laws and which may be altered in the same was as other laws. Advantages and Disadvantages of written Constitution: 1. It has the advantage of clearness and definiteness over an unwritten one. 2. Its disadvantage lies I the difficulty of its amendments. This prevents the immediate introduction of needed changes and may thereby retard the growth and progress of the state. Requisites of a good written constitution: 1. As to form: a. Brief b. Broad c. Definite 2. As to content: a. Constitution of Government – that dealing with the framework of the government and its powers and defining the electorate b. Constitution of liberty – setting forth the fundamental rights of the people and imposing certain limitations on government powers as a means of securing the enjoyment of this rights. c. Constitution of sovereignty – pointing out the mode or procedure for amending or revising the constitution.  Constitution vs. Statute A legislation direct from A legislation from the the people people’s representative Merely states the Provides the details of framework of the law the subject of which it and government treats Intended not merely to Intended primarily to meet existing condition meet existing conditions but to govern the future only Supreme or the Statute and other laws fundamental law of the must conform with the state constitution Authority to Interpret the Constitution: 1. Any person who cares, may interpreted. Even a private person must ascertain the meaning and effect of the constitution. 2. Only those charged with the official duties whether executive, legislative or judicial can give authoritative interpretation of the constitution. - Particularly this function is peculiar province of the courts and to them the final decision which is binding on all departments and organs of the government Background of the 1987 Constitution In 1986, following the People Power Revolution which ousted Ferdinand Marcos as president, and following on her own inauguration, Corazón Aquino issued Proclamation No. 3, declaring a national policy to implement the reforms mandated by the people, protecting their basic rights, adopting a provisional constitution, and providing for an orderly translation to a government under a new constitution President Aquino later issued Proclamation No. 9, creating a Constitutional Commission (popularly abbreviated "Con Com" in the Philippines) to frame a new constitution to replace the 1973 Constitution which took effect during the Marcos martial law regime. Aquino appointed 50 members to the Commission  The members of the Commission were drawn from varied backgrounds, including several former congressmen, a former Supreme Court Chief Justice (Roberto Concepción), a Catholic bishop (Teodoro Bacani) and film director (Lino Brocka). Aquino also deliberately appointed 5 members, including former Labor Minister Blas Ople, who had been allied with Marcos until the latter's ouster. After the Commission had convened, it elected as its president Cecilia Muñoz-Palma, who had emerged as a leading figure in the anti-Marcos opposition following her retirement as the first female Associate Justice of the Supreme Court. The Commission finished the draft charter within four months after it was convened. Several issues were heatedly debated during the sessions: 1. The form of government to adopt 2. The abolition of the death penalty 3. The continued retention of the Clark and Subic American military bases 4. The integration of economic policies into the Constitution  Brocka would walk out of the Commission before its completion, and two other delegates would dissent from the final draft. The Con-Com completed their task on 12 October 1986 and presented the draft constitution to President Aquino on October 15, 1986. February 2, 1987- after a period of nationwide information campaign, a plebiscite for its ratification was held. More than three-fourths of all votes cast, 76.37% (or 17,059,495 voters) favored ratification as against 22.65% (or 5,058,714 voters) who voted against ratification 11 February 1987 - the new constitution was proclaimed ratified and took effect. On that same day, Aquino, the other government officials, and the Armed Forces of the Philippines pledged allegiance to the Constitution.  Parts of the 1987 Constitution Article I - National Territory Article XI - Accountability of Public Article II - Declaration of Principles Officers and State Policies Article XII - National Economy and Patrimony Article III - Bill of Rights Article IV - Citizenship Article XIII - Social Justice and Human Rights Article V - Suffrage Article XIV - Education, Science Article VI - Legislative Department and Technology, Arts, Culture and Article VII - Executive Department Sports Article VIII - Judicial Department Article XV - The Family Article IX - Constitutional Article XVI - General Provisions Commission Article XVII - Amendments or Article X - Local Government Revisions Article XVIII - Transitory Provisions  Significant features of the 1987 Constitution The Constitution establishes the Philippines as a "democratic and republican State", where "sovereignty resides in the people and all government authority emanates from them". (Section 1, Article II) Consistent with the doctrine of separation of powers, the powers of the national government are exercised in main by three branches — the executive branch headed by the President, the legislative branch composed of Congress and the judicial branch with the Supreme Court occupying the highest tier of the judiciary. The President and the members of Congress are directly elected by the people, while the members of the Supreme Court are appointed by the President from a list formed by the Judicial and Bar Council.  It is Congress which enacts the laws, subject to the veto power of the President which may nonetheless be overturned by a two-thirds vote of Congress (Section 27(1), Article VI). The President has the constitutional duty to ensure the faithful execution of the laws (Section 17, Article VII) The courts are expressly granted the power of judicial review (Section 1, Article VIII), including the power to nullify or interpret laws. The President is also recognized as the commander-in-chief of the armed forces (Section 18, Article VII).  The Constitution also establishes limited political autonomy to the local government units that act as the municipal governments for provinces, cities, municipalities, and barangays. (Section 1, Article X) The Bill of Rights, contained in Article III, enumerates the specific protections against State power. Many of these guarantees are similar to those provided in the American constitution and other democratic constitutions, including the due process and equal protection clause, the right against unwarranted searches and seizures, the right to free speech and the free exercise of religion, the right against self- incrimination, and the right to habeas corpus. The scope and limitations to these rights have largely been determined by Philippine Supreme Court decisions.  Outside of the Bill of Rights, the Constitution also contains several other provisions enumerating various state policies including, i.e., The affirmation of labor "as a primary social economic force" (Section 14, Article II) the equal protection of "the life of the mother and the life of the unborn from conception" (Section 12, Article II) The "Filipino family as the foundation of the nation" (Article XV, Section 1) The recognition of Filipino as "the national language of the Philippines" (Section 6, Article XVI) And even a requirement that "all educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors." (Section 19.1, Article XIV)