The Philippine Constitution PDF

Ang Panunumpa ng Katapatan sa Watawat ng Pilipinas ================================================== Panatang Makabayan ================== The Constitution ================ Constitution Content Preamble ============================= Constitution Articles ===================== I. **The Republi...

Ang Panunumpa ng Katapatan sa Watawat ng Pilipinas ================================================== Panatang Makabayan ================== The Constitution ================ Constitution Content Preamble ============================= Constitution Articles ===================== I. **The Republic** - Defines what the Philippine Republic is II. The Government ============== - Details the description of the Philippine Government as the face of the masses, and the branches it contains, as well as the limitations of those who hold these positions III. Religion ======== - Focuses on religious freedom, and the separation of church and state IV. The Filipinos and their National and Individual Rights ====================================================== - Details the Civil Rights of the Filipinos and, by extension, foreigners \[*extranjeros*\] V. The Legislative Power ===================== - Details the extent of power of the Legislative branch and its duties VI. The Permanent Commission ======================== - Details the responsibilities of the Permanent Commission VII. The Executive Power =================== - Details the extent of power of the Executive branch and its duties VIII. The President of the Republic ============================= - Details the criteria for being a President of the Government, the length of term, and his or her duties IX. The Secretaries of the Government ================================= - Focuses on the formation of the Cabinet and their duties X. The Judicial Power ================== - Details the extent of power of the Judicial branch and its duties XI. Provincial and Popular Assemblies ================================= - Details the duties and functions of provincial and/or popular assemblies, which act as local government units XII. Administration of the State =========================== - Focuses on the duties of the government itself XIII. Amendment of the Constitution ============================= - Focuses on reforming, or amending, the Constitution XIV. Constitutional Observance, Oath, and Language ============================================= - Focuses on observing and following the Constitution Transitory Provisions ===================== - Details the gradual transition from the Spanish constitution to this written constitution, which also details emergency instructions during wartime, as the government established was a REVOLUTIONARY government, which is aimed for the benefit of soldiers and able men and women who can be of service in times of war (Art. 94-101, with an *unnumbered additional article*). - ***The Philippine Organic Act (1902)*** -- developed the bicameral standing of the Philippine Legislation, composed - ***Jones Law (1916)*** -- also known as the Philippine Autonomy Act, removed the Philippine Commission which was replaced by the Senate where Filipinos first elected its officials. - ***Hare-Hawes-Cutting Act (1933)** --* a Filipino-rejected law passed by three (3) US senators ratified by the US Congress due to veto overrule. It laid out the ten-year process and date for Philippine independence as pursued by the OsRox mission. - ***Tydings-McDuffie Act (1934)*** -- although not recognized as a constitution, it paved way for the development of the *constitutional convention* which helped establish a formal constitution to the country. Constitution Content Preamble ============================= Constitution Articles ===================== I. **The National Territory** - Describes the country as a ceded nation to the United States due to the Treaty of Paris conformed by both the US and Spain, effectively making the Philippines a US territory II. Declaration of Principles ========================= - Details the observance and compliance of the principles established, which are as follows: - Definition of a republic state - State defense and service - Renunciation of war - Parental duties in developing children for civil service - Social justice III. Bill of Rights ============== - Details the rights of the citizens, with the following civil rights listed: - Life and Liberty - Property - Lawful Searches - Abode (home) and Travel - Privacy - Unions, associations, and societies - Religion - Speech - Acceptance of Titles - Contract Agreement - Rights against Summary Executions and Retroactive laws (No *ex post facto* or Bill of Attainder) - Unlawful Imprisonment due to Tax - Involuntary Servitude - Privilege of the writ of *habeas corpus* (Unlawful Imprisonment) - Right to Due Process - Capital and Bailable Offenses - Miranda Rights / Silence - Right Against Self-Incrimination - Unlawful Fine Payment - Double Jeopardy - Free access to court and defense IV. Citizenship =========== - Details the qualifications of being a Filipino citizen V. Suffrage ======== - Details on the right to vote VI. Legislative Department ====================== - Details the duties, responsibilities, and limitations of the legislative branch of government VII. Executive Department ==================== - Details the duties, responsibilities, and limitations of the executive branch of government VIII. Judicial Department =================== - Details the duties, responsibilities, and limitations of the judicial branch of government IX. Impeachment =========== - Details the candidates, conditions, and the court proceedings of impeachment X. Commission on Elections ======================= - Details the institution, function, and regulation of COMELEC XI. General Auditing Office ======================= - Details the responsibilities and general procedures of the General Accounting Office XII. Civil Service ============= - Details the description, criteria, and scope of the Philippine civil service XIII. Conservation and Utilization of Natural Resources ================================================= - Details the criteria, scope, and usage of natural resources, and corrective measures to those deemed guilty of violating these provisions XIV. General Provisions ================== - Details all provisions not merited in the previous articles, which are: - The Flag - Upholding the Constitution - Development and Promotion of the national language, science, invention, the arts and letters - Education - Labor protection and Private corporations - The National Police - Promulgation of the Constitution XV. Amendments ========== - Focuses on the proceedings of the Legislation should there be any provisions that need amendments XVI. Transitory Provisions ===================== - Details the transitory period between the American intervention (military government) up to the establishment of the Commonwealth, when the Filipinos inaugurated Manuel L. Quezon XVII. Special Provisions Effective upon the Proclamation of Philippine Independence ============================================================================= - Focuses on the United States' grounds of intervention and influence over the developing Philippines XVIII. The Commonwealth and the Republic ================================= - Details the recognition of the Philippines as a Commonwealth nation under the supervision of the United States Ordinances Appended to the Constitution ======================================= - Details the overall control of the United States over the Philippines due to the agreement made by the two nations, including the usage of every natural resources of the country and the free establishment of foreign businesses in the country. - *Added the formation of COMELEC as the new Article X from the original.* Constitution Content Preamble ============================= Constitution Articles ===================== I. **The National Territory** - Describes the country as an independent nation with its properties and all within its jurisdictions under the Philippine ownership including air space, territorial seas, and islands within the territorial spaces claimed by the country II. Declaration of Principles and State Policies ============================================ - Same as the 1935 Constitution, but promotes the Filipino-centric values of peace, equality, justice, freedom, cooperation, and amity with a few updates which are: - Duties of the Filipino youth - Establishment and maintenance of various social services - Civilian authority, provisions, and benefits - Autonomy of local government units for self- reliance III. Citizens ======== - Renamed from Citizenship - Adds provisions for Filipinas who marry aliens (i.e. foreigners), and describes what a natural-born citizen is IV. Bill of Rights ============== - Adds two (2) new civil rights from the previous constitution, and provided specified explanations of each existing right: - Information - Right to access speedy trial V. *Duties and Obligations of Citizens* ------------------------------------ - Details on the responsibilities of the citizens to the country and to the fellowman VI. Suffrage ======== VII. *The President and Vice-President* ---------------------------------- - Details on the distinctions of duties, responsibilities, and criteria of both presidential and vice-presidential positions - Explained that the Head Speaker of the National Assembly will become the acting-president in case of presidential crisis or absence VIII. National Assembly ================= - Renamed from Legislative Department - Provides the same responsibilities as before IX. The Prime Minister and the Cabinet ================================== - Renamed from Executive Department - Provides the same responsibilities, with the Prime Minister as head of the Cabinet of Ministers - Basically explains that the President is also the Prime Minister X. The Judiciary ============= - Renamed from Judicial Department - Provides the same responsibilities as before XI. *Local Government* ------------------ - Details the powers and duties of the heads of the local government units - Divides the country into (*in descending order*): - Provinces - Cities - Municipalities - Barrios XII. *The Constitutional Commissions* -------------------------------- - Merged three (3) Articles to form one (1): - Commission on Elections - Civil Service Commission - Renamed from Civil Service - Responsible for providing eligibility of people to work for government agencies and government-related work - Commission on Audit - Renamed from the General Accounting Office - Responsible for providing financial reports and accountancy from all government agencies, as well as file cases for finance- related cases - All three (3) commissions have common guidelines which they are expected to follow aside from their individual provisions XIII. Accountability of Public Officers ================================= - Details the candidates, conditions, and the court proceedings of impeachment - Added a provision for the creation of the Office of the Ombudsman XIV. The National Economy and the Patrimony of the Nation ==================================================== - Added a provision for the creation of the National Economic and Development Authority to be headed by the Prime Minister - Details the control and prohibition of private monopolies, as well as provide opportunities, guidelines, and limitations for the Filipino entrepreneurs - Details as well the powers of the government in emergencies relating to business transactions and the likes - States that the natural resources will be used by the Filipinos only, including agrarian reforms XV. General Provisions ================== - Details all provisions not merited in the previous articles, which are: - The Flag - Adoption of national symbols, and adoption of a new country name - Promulgating the Constitution in both English and Filipino - Oath of the National Security in upholding the Constitution - Development and Promotion of the national language, science, invention, the arts and letters - Salary and Tax - Education and the Study of the Constitution - Development and Implementation of Technical and Vocational education - Separation of church and State - Filing cases against the State XVI. Amendments ========== XVII. **Transitory Provisions** - Details the transitory period between the Commonwealth to the ratification of this new constitution - Added a provision for the Interim National Assembly, which is temporary until the members of the National Assembly are elected - Details the promulgation and processes during and after Martial Law - *Added the duties of the Vice-President in Article VII, as well as reduced the powers of the President by transferring it to the Prime Minister.* - *Article VIII renamed from Batasang Pambansa.* - *Article IX renamed from The Prime Minister, The Cabinet and The Executive Committee* Constitution Content Preamble ============================= I. **The National Territory** II. **Declaration of Principles and State Policies** - Same as the previous constitutions, but promotes the ideologies of being both a democratic and republic government, giving the power to the people. Some of the principles and policies enacted are: - Separation of church and State - Reserve army (ROTC) - Supreme authority of civilian power over military - Declaration of an independent foreign policy - Renunciation of nuclear power - Poverty and Social Justice - The Family, the Women, and the Filipino Youth - Public Health, Education, and Labor - Investments and Economy III. Bill of Rights ============== - Listed below is the **[COMPLETE]** Bill of Rights, which every Filipino should know: - Life and Liberty - Lawful Searches / Issuance of Warrants - Privacy - Speech, Expression, and of the Press - Religion - Abode and Travel - Information - Unions, associations, and societies - Property - Contract Agreement - Free access to court and defense - Miranda Rights / Silence (*also includes anti- torture*) - *Reclusion perpetua* (40-year imprisonment), bailable and capital offenses - Right to Due Process & Presumption of Innocence - Unlawful Imprisonment - Right to access speedy trial - Right Against Self-Incrimination - Political Imprisonment and Involuntary Servitude - Rights against excessive fines and inhumane punishments - Unlawful Imprisonment due to Tax and Debt - Right against Double Jeopardy - Rights against Summary Executions and Retroactive laws IV. Citizenship =========== - Renamed from Citizens - Added a provision regarding dual citizenship V. Suffrage ======== - Added a provision regarding the security of the ballot's secrecy and sanctity, as well as for absentee voters, procedures for the differently-abled and illiterate VI. Legislative Department ====================== - Renamed from National Assembly VII. Executive Department ==================== - Renamed from The Prime Minister and the Cabinet - Restores the powers of the President by merging the symbolic power of the president and the executive duties of the Prime Ministers - Renamed the various Ministries into Departments VIII. Judicial Department =================== - Renamed from The Judiciary IX. The Constitutional Commissions ============================== - Reinstated the independence of the three (3) Commissions - Limits the persons holding the positions from holding other positions other than the one entrusted with - All three (3) commissions have fiscal and policy autonomy X. Local Government ================ - Divides the country into several regions, with each enjoying local autonomy (*in descending order*): - Provinces - Cities - Municipalities - Barangays - Provides autonomy in regions home for Muslims in Mindanao, as well as to those who live in the - Administrative organization - Creation of sources of revenues - Ancestral domain and natural resources - Personal, family, and property relations - Regional urban and rural planning development - Economic, social, and tourism development - Educational policies - Preservation and development of the cultural heritage - Provisions aimed for general welfare XI. Accountability of Public Officers ================================= - Highlights the importance of public accountability and trust once in office - Impeachment can now be imposed by both officials and civilians to the following: - The House of Representatives shall be the one to preside all impeachment cases - Establishment of the *Sandiganbayan*, an anti-graft court, who will hold all graft and corruption-related cases - The Office of the Ombudsman assigns an entirely new Ombudsman, with the former Ombudsman assigned from the 1973 Constitution be reassigned in the new Office of the Special Prosecutor - Stresses the importance of the public figures' allegiance to the State and to the Constitution XII. The National Economy and Patrimony ================================== - States that the economy will be an equal distributor of opportunity, income, and wealth, and as such promotes self-reliance - States the intent of promoting industrialization and full employment - States that the Constitution will defend the human and natural resources of the country, as well as Filipino enterprises against unfair foreign competitions and trade practices XIII. Social Justice and Human Rights =============================== - Details the government's will to uphold social equality and justice by justly diffusing wealth and property to the people, as well as securing human rights XIV. Education, Science and Technology, Arts, Culture and Sports =========================================================== - Details the government's will to protect and promote quality education at all levels - Instills the importance of studying the Constitution, nationalism (love for the country), and patriotism (love for the countrymen) - Details the Ordinance of the Department of Education, Culture, and Sports (DECS) and the Department of Science and Technology (DOST) - Reinforces the *lingua franca* of the country: English and Filipino, whereas Arabic and Spanish shall be promoted on a voluntary and optional basis - Details the establishment of a national language commission that aims to promote researches for the development, propagation, and preservation of Filipino and other languages XV. The Family ========== - Recognizes the family as the foundation of the nation, including elderly members - Instills the sanctity of marriage as a foundation for family formation - Details the thins the Constitution will defend: - Formation of family and responsible parenthood - Right of children to assistance and special protection from child grievances - Right for family wage and income - Participation in planning and implementation of policies and programs that affect them XVI. General Provisions ================== - Details all provisions not merited in the previous articles, which are: - The Flag - Adoption of national symbols, and adoption of a new country name - Filing cases against the State - Oath of the National Security in upholding the Constitution - Promulgating the Constitution in both English and Filipino - Salary and Tax - Education and the Study of the Constitution - Development and Implementation of Technical and Vocational education XVII. Amendments or Revisions ======================= XVIII. **Transitory Provisions** - Details the transitory period between the previous constitution to the ratification of this new constitution - Added a provision for the beginning and ending terms of all elected in this new constitution - Details as well the provisions not mentioned in the previous articles Ordinance ========= - Details the formation of the House of Representatives in each region "*1899 Constitution of the republic of the Philippines (Malolos Convention)*" (n.d.). Retrieved from [*http://www.lawphil.net/consti/consmalo.html*](http://www.lawphil.net/consti/consmalo.html) "*1935 Constitution amended*" (n.d.). Lifted and modified from