Chapter 12 Phil Con (1) - Philippine Constitution PDF

Main Topic IV: The Philippine Constitution Intended Learning Outcomes Analyze the context, content and perspective of different kinds of sources. Demonstrate the ability to formulate arguments in favor or against particular issue.  Lesson 1 The...

Main Topic IV: The Philippine Constitution Intended Learning Outcomes Analyze the context, content and perspective of different kinds of sources. Demonstrate the ability to formulate arguments in favor or against particular issue.  Lesson 1 The Meaning of a Constitution Objectives Discuss the concepts and ideas regarding a constitution. Recognize the purposes and classifications of the constitution. Explore on the essential qualities and salient parts of a good written constitution Create a topic diary using comic strip style expressing the learning acquired from this unit of study.  What is Constitution? Constitution is the basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it. It is a written instrument embodying the rules of a political or sexual organization. A. Definition of Constitution It is the fundamental and entrenched rules governing the conduct of an organization or nation state. It is the fundamental principles or established precedents according to which a state or other organization is governed. The oldest written national constitution is that of the United States (1787)  TheConstitution of India is the longest written constitution of any sovereign country in the world. Constitution of Monaco is the shortest written constitution. B. Purposes of a Constitution 1 It prescribes the framework of the system or the kind of government that will exist in the state. 2 It creates the different departments and specifies their respective functions and duties. 3 It is the source of the sovereign powers of a government by establishing the fixed, first or basic principles on which the government is founded. 3 It promotes public welfare, which involves the safety, prosperity, health, and happiness of the people. The constitution establishes the rights of the people which the government is obligated to protect. It guarantees freedom of speech, freedom of the press, and freedom of religion ( People VS Linsangan, 62 Phil 646 ,December 21, 1935). The constitution is written by a constitutional convention which is a body assembled for the express purpose of framing or writing a constitution, revising an existing one, or proposing amendments to it. After writing the constitution, the draft constitution or its amendments/revisions are submitted to a plebiscite for ratification in which the people will decide whether it is acceptable to become a law of the land. The results are then considered and followed by the government. This is different from a referendum in which a law passed by a legislative body is brought before the people to be voted upon. The results, however, may or may not be considered by the state.  Classifications of a Constitution Constitution is classified as; 1 Written and unwritten. A written constitution is one in which most of its provisions are embodied in a single formal written instrument or instruments. It is a work of conscious art and the result of a deliberate effort to lay down a body of fundamental principles under which government shall be organized and conducted (Martin, 1960). The classic example of a written constitution is the United States Constitution. While an unwritten constitution is one which is entirely the product of political evolution, consisting largely of a mass of customs, usages and judicial decisions together with a smaller body of statutory enactments of a fundamental character, usually bearing different dates (Garner, in Cruz, 2002). The English Constitution is an example of an unwritten constitution. 2 Cumulative or evolved and conventional or enacted; Cumulative and Conventional. A constitution is cumulative or evolved when it has its origin mainly in custom, common law principles; decisions of courts. It is the product of historical evolution and growth rather than of deliberate and formal enactment. It has no formal starting point, is not struck off at a specific date, and it changes by slow gradual accretion rather than by formal legal process. On the other hand, a conventional or enacted is one, which has been formulated usually by a constitutional assembly or promulgated by the King (Garner, in Cruz, 2002). It is struck-off at a definite time and place 3 Rigid and flexible Rigid and Flexible. A rigid constitution is one that can be amended only by a formal and usually difficult process, while a flexible is one that can be altered by the same body that makes ordinary laws of the state (Since, 1938). Examples of a rigid constitution are those of the Philippines and United States, while flexible Constitution includes those of Great Britain, Hungary, Italy, and Spain. The 1987 Constitution of the Philippines is classified as written, enacted and rigid constitution.  D Essential qualities of a good written constitution A good written constitution must be broad, brief, and definite. Broad in the sense that it outlines an organization of the government for the whole state. Brief, because its nature requires that only its great outline should be marked, its important objects designated, and the minor ingredients which composed those objects be deduced from the nature of the objects themselves. Definite, since any vagueness resulting from the opposing interpretation of the Constitutional provisions may cause incalculable harm and chaos to the nation (Martin, 1960; citing Malcolm, 1936). E Parts of the Philippine Constitution 1. Constitution of Government. This portion of the constitution describes the framework of government and its power; and also defines the electorate. 2. Constitution of Liberty. This part enumerates the fundamental rights of the people guaranteed under the constitution. 3. Constitution of sovereignty. This part indicates the manner of amending or revising the constitution  Group Activity # 4 Learning Task 1 A. Answer these questions. Why do we need a constitution? Explain in not less than 100 words. Which classification of a constitution does the 1987 constitution fall? Why? Support your answer. Explain in not less than 200 words why any vagueness in the interpretation of any provision of a constitution may cause incalculable harm and chaos to the nation? Give an example.  Lesson 2 The Metamorphosis of the Philippine Constitution Objectives 1.Compare and contrast the different constitutions that prevailed in the country. 2.Defend the veracity and truthfulness of the facts affecting the evolution of the Philippine Constitution. 3.Compose a position paper as to which among the seven Philippine constitutions could have provided the country with social, economic, and political stability. 4.Create a topic diary using comic strip style expressing the learning acquired from this unit of study.  The 1897 Constitution of Biak-na-Bato The 1899 Malolos Constitution ( 1899-1901) The 1935 Constitution and the Commonwealth Government The Japanese Occupation and the Second Philippine Republic (1943 Constitution) The 1973 Constitution and the Marcos Dictatorship The Freedom Constitution (1986) The 1987 Constitution  The 1897 Constitution of Biak na Bato  On March 22, 1897 at San Francisco De Malabon where the first presidential and vice-presidential election in the Philippine On November History were held.1, 1897, the republic of Biak na Bato were established.  The 1899 Malolos Constitution (1899-1901) - Originally written in Spanish It was recognized (Constitución Política), as the first - it was ratified on January 21, republican 1899, and it served as the constitution in basic law of the First Philippine Asia. Republic.  Title I, Article Some Excepts 3. Sovereignty resides in the from the Malolos people and all government Constitution authority emanates from them. The government of the republic is popular, representative, alternative, and responsible, and shall exercise three distinct powers: namely, the legislative, the executive, and the judicial. Any two or more of these three powers shall never be united in one person Title II, Article 4 or cooperation, nor the legislative power vested in one single individual. Acts of the United States Congress (1902- 1934)  From December 10, 1898 to March 24, 1934, Philippines was a United State Colony. Hence, Philippines was under the jurisdiction of the Federal Government of the United States of America The federal government is composed of three distinct branches: legislative, executive and judicial, whose powers are vested by the U.S. Constitution, the Congress, the president and the federal courts. The United State Congress passed 2 acts named Philippine Organic Act of 1902 and Philippine Autonomy Act of 1916 considered as the informally Philippine Constitution which is defined as the fundamental political principle of the land. It established the structure, procedure, powers and duties of the Philippine Government. a.) Philippine Organic Act of 1902 also known as Philippine Bill of 1902 first organic law of the Philippine Island provided for the creation of the elected Philippine Assembly composed of Philippine Commission and the Philippine Assembly key provisions included bill of rights for the Filipino appointed of two non-voting Filipino Resident Commissioner of the Philippine to represent the Philippine in the United Sates House of the Representative -this also known as Cooper Act after its author Henry Cooper -enacted March 2, 1901 -the approval of this act is after the Philippine- American War Additional Info: -the creation of an elected Philippine Assembly conditions were met: 1. The cessation of the existing insurrection in the Philippine Islands; 2. Completion and publication of a census 3. Two years of continued peace and recognition of the authority of the United States of America Other key provisions: * the disestablishment of the Roman Catholic Church. * conservation of natural resources b.) Philippine Autonomy Act of 1916 Jones Law modified the government by removing Philippine Commission as the upper house and replacing it with senate by Filipino voters created the first elected national legislature explicitly stated that the purpose is to end the US sovereignty in the Philippine and recognize the Philippine independence Additional info: -enacted August 29, 1916 -authored the bill by William Jones -Elections were held on October 3, 1916, to the newly created Philippine Senate. c.) Tydings-McDuffie Act(1934) Philippine Independence Act provided authority and defined mechanism for the establishment for a formal constitution via constitutional convention Additional info: -authored by Sen. Milliard Tydings and John Mc-Duffie -signed into law by Pres. Franklin D. Roosevelt -established the process for the Philippines to become an independent country after a ten- year transition period. The 1935 Constitution (1935-1943, 1945-1973) The 1935 Constitution was written in 1934, approved and adopted by Commonwealth of the Philippines and Third Republic of the Philippines to ensure that the US would live up to its promises to grant the Philippines independence.  As Manuel L. Quezon was elected as the president of the Commonwealth. The 1935 Constitution provided the legal basis of the Commonwealth Government which was considered a transition government before the granting of the Philippine independence with American-inspired constitution; the Philippine government would eventually pattern its government system after American government. It has been said that the 1935 Constitution was the best- written Philippine charter.  The Third Republic of the Philippines was inaugurated on July 4, 1946. It marked the culmination of the peaceful campaign for Philippine Independence. The Third Republic also marked the recognition by the global community of nation of the Philippines. Thus, the inauguration of the Third Republic marked the fulfillment of the long struggle for independence that began with the Philippine Revolution and which was formalized on June 12, 1898 with the Proclamation of Philippine Independence at Kawit, Cavite. The original 1935 Constitution -provide unicameral National Assembly and the president was elected to a six year term without re-election. It was amended in 1940 to have a bicameral Congress composed of a Senate and House representative and as well the creation of an independent electoral commission. The Constitution granted the president a 4- year term with a maximum of 2 consecutive terms in office. The 1935 Constitution The Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall em­body their ideals, conserve and develop the patrimony of the nation, promote the general welfare, and secure to themselves and their posterity the blessings of independence under a régime of justice, liberty, and democracy, do ordain and promulgate this Constitution. Article I.—THE NATIONAL TERRITORY Section 1. The Philippines comprises all the terri­tory ceded to the United States by the treaty of Paris con­cluded between the United States and Spain and all territory over which the present Government of the Philippine Islands exercises jurisdiction. ARTICLE II.—DECLARATION OF PRINCIPLES Sec. 1. The Philippines is a republican state. Sovereignty resides in the people and all government authority emanates from them. Sec. 2. The defense of the State is a prime duty of government, and in the fulfillment of this duty all citizens may be required by law to render personal military or civil service. Sec. 3. The Philippines renounces war as an instru­ment of national policy, and adopts the generally accepted principles of international law as a part of the law of the Nation. Article II Sec. 4. The natural right and duty of parents in the rearing of the youth for civic efficiency should receive the aid and support of the Government. Sec. 5. The promotion of social justice to insure the well-being and economic security of all the people should be the concern of the ARTICLE III.—BILL OF RIGHTS SECTION 1 (1) No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. (2) Private property shall not be taken for public use without just compensation. (3) The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause, to be determined by the judge after examination under oath or affirmation of the complainant. (4) The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired. (5) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court or when public safety and order require otherwise. (6) The right to form associations or societies for purposes not contrary to law shall not be abridged. (7) No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof, and the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. (8) No law shall be passed abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances (9) No law granting a title of nobility shall be enacted, and no person holding any office of profit or trust shall, without the consent of the National Assembly, accept any present, emolument, office, or title of any kind whatever from any foreign state. (10) No law impairing the obligation of contracts shall be passed. (11) No ex post facto law or bill of attainder shall be enacted. (12) No person shall be imprisoned for debt or nonpayment of a poll tax. (13) No involuntary servitude in any form shall exist except as a punishment for crime whereof the party shall have been duly convicted. (14) The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion, insurrection, or rebellion, when the public safety requires it. (15) No person shall be held to answer for a criminal offense without due process of law. (16) All persons shall before conviction be bailable by sufficient sureties, except those charged with capital offenses when evidence of guilt is strong. Excessive bail shall not be required. (17) In all criminal prosecutions the accused shall be presumed to be innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel. (18) No person shall be compelled to be a witness against himself. (19) Excessive fines shall not be imposed, nor cruel and unusual punishment inflicted. (20) No person shall be twice put in jeopardy of punishment for the same offense. (21) Free access to the courts shall not be denied to any person by reason of poverty. ARTICLE IV.—CITIZENSHIP SECTION 1. The following are citizens of the Philippines: (1) Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution. (2) Those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the Philippine Islands. (3) Those whose fathers are citizens of the Philippines. (4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship. (5) Those who are naturalized in accordance with law SEC. 2. Philippine citizenship may be lost or re-acquired in the manner provided by law. ARTICLE V.—SUFFRAGE SECTION 1. Suffrage may be exercised by male citizens of the Philippines not otherwise disqualified by law, who are twenty-one years of age or over and are able to read and write, and who shall have resided in the Philippines for one year and in the municipality wherein they propose to vote for at least six months preceding the election. The National Assembly shall extend the right of suffrage to women, if in a plebiscite which shall be held for that purpose within two years after the adoption of this Constitution, not less than three hundred thousand women possessing the necessary qualifications shall vote affirmatively on the question. ARTICLE VI.—LEGISLATIVE DEPARTMENT SECTION 1. The Legislative power shall be vested in a National Assembly. The Members of the National Assembly shall not exceed one hundred and twenty, shall be chosen every three years, and shall be apportioned among the several provinces as nearly as may be according to the number of their respective inhabitants, but each province shall have at least one Member. SEC. 2. No person shall be a Member of the National Assembly unless he has been five years a citizen of the Philippines, is at least thirty years of age, and, at the time of his election, a qualified elector, and a resident of the province in which he is chosen for not less than one year immediately prior to his election. SEC. 3. Elections for the National Assembly shall be held on the dates fixed by law. SEC. 4. There shall be an Electoral Commission composed of three Justices of the Supreme Court designated by the Chief Justice, and of six Members chosen by the National Assembly. SEC. 5. The Members of the National Assembly shall, unless otherwise provided by law, receive an annual compensation of five thousand pesos each including per diems and other emoluments or allowances and exclusive only of travelling expenses to and from their respective districts when attending sessions of the National Assembly. SEC. 6. The Members of the National Assembly shall in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the sessions of the National Assembly, SEC. 7. The National Assembly shall elect from among its Members, on the basis of proportional representation of the political parties therein, a Commission on Appointments and a Commission on Impeachment, each to consist of twenty-one members. SEC. 8. No Member of the National Assembly may hold any other office or employment in the Government without forfeiting his seat, nor shall any such Member during the time for which he was elected, be appointed to any civil office which may have been created or the emoluments whereof shall have been increased while he was a Member of the National Assembly. SEC. 9. (The President shall submit within fifteen days of the opening of each regular session of the National Assembly a budget of receipts and expenditures, which shall be the basis of the general appropriation bill. SEC. 10. The heads of departments upon their own initiative or upon the request of the National Assembly may appear before and be heard by the National Assembly on any matter pertaining to their departments, unless the public interest shall require otherwise and the President shall so state in writing. SEC. 11. (1) Every bill which shall have passed the National Assembly shall, before it becomes a law, be presented to the President. SEC. 12. No bill which may be enacted into law shall embrace more than one subject which shall be expressed in the title of the bill. SEC. 13. (1) All money collected on any tax levied for a special purpose shall be treated as special fund and paid out for such purpose only. I SEC. 14. (1) the rule of taxation shall be uniform. SEC. 15. The National Assembly shall, with the concurrence of two- thirds of all its Members, have the sole power to declare war. SEC. 16. In times of war or other national emergency, the National Assembly may by law authorize the President, for a limited period and subject to such restrictions as it may prescribe, to promulgate rules and regulations to carry out a declared national policy. ARTICLE VII.—EXECUTIVE DEPARTMENT SECTION 1. The Executive power shall be vested in a President of the Philippines. SEC. 2. The President shall hold his office during a term of six years, and together with the Vice-President chosen for the same term, shall be elected by direct vote of the people. SEC. 3. No person may be elected to the office of President or Vice-President, unless he be a natural-born citizen of the Philippines, a qualified voter, forty years of age or over, and has been a resident of the Philippines for at least ten years immediately preceding the election. SEC. 4. No person elected President may be re- elected for the following term, nor shall the Vice SEC. 5. Elections for President and Vice-President shall be held once every six years on a date to be fixed by the National Assembly. SEC. 6. The terms of the President and Vice- President shall end at noon on the thirtieth day of December following the expiration of six years after their election, and the terms of their successors shall begin from such time. SEC. 7. If, at the time fixed for the beginning of the term of the President, the President-elect shall have died, the Vice-President- elect shall become President. SEC. 8. Before he enter on the execution of his office, the President shall take the following oath or affirmation: “I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties SEC. 9. In the event of the removal of the President from office or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the National Assembly shall by law provide for the case of removal, death, resignation, or inability, both of the President and Vice- President, SEC. 10. The President shall have an official residence and receive a compensation to be ascertained by law which shall be neither increased nor diminished during the period for which he shall have been elected, SEC. 11. (1) The President shall have control of all the executive departments, bureaus, or offices, exercise general supervision over all local governments as may be provided by law, and take care that the laws be faithfully executed. SEC. 12. (1) The executive departments of the present Government of the Philippine Islands shall continue as now authorized by law until the National Assembly shall provide otherwise. ARTICLE VIII.—JUDICIAL DEPARTMENT SECTION 1. The Judicial power shall be vested in one Supreme Court and in such inferior courts as may be established by law. SEC. 2. The National Assembly shall have the power to define, prescribe, and apportion the jurisdiction of the various courts, but may not deprive the Supreme Court of its original jurisdiction over cases affecting ambassadors, other public ministers, and consuls SEC. 3. Until the National Assembly shall provide otherwise, the Supreme Court shall have such original and appellate jurisdiction as may be possessed and exercised by the Supreme Court of the Philippine SEC. 5. The members of the Supreme Court and all judges of inferior courts shall be appointed by the President with the consent of the Commission on Appointments of the National Assembly. SEC. 6. No person may be appointed member of the Supreme Court unless he has been five years a citizen of the Philippines, is at least forty years of age, and has for ten years or more been a judge of a court of record or engaged in the practice of law in the Philippines. SEC. 7. No judge appointed for a particular district shall be designated or transferred to another district without the approval of the Supreme Court. The National Assembly shall by law determine the residence of judges of inferior courts. SEC. 8. The National Assembly shall prescribe the qualifications of judges of inferior courts, SEC. 9 All cases involving the constitutionality of treaty or law shall be heard and decided by the Supreme Court in banc, and no treaty or law may be declared unconstitutional without the concurrence of two-thirds of all the members of the Court. SEC. 10. The conclusions of the Supreme Court in any case submitted to it for decision shall be reached in consultation before the case is assigned to a Justice for the writing of the opinion of the Court. SEC. 12. No decision shall be rendered by any court of record without expressing therein clearly and distinctly the facts and the law on which it is based. SEC. 13. The Supreme Court shall have the power to promulgate rules concerning pleading, practice, and procedure in all courts, and the admission to the practice of law. ARTICLE IX.—IMPEACHMENT SECTION 1. The President, the Vice-President, the Justices of the Supreme Court, and the Auditor General, shall be removed from office on impeachment SEC. 2. The Commission on Impeachment of the National Assembly, by a vote of two-thirds of its Members, shall have the sole power of impeachment. SEC. 3. The National Assembly shall have the sole power to try all impeachments. SEC. 4. Judgment in cases of impeachment shall not extend further then to removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the Government of the Philippines, ARTICLE X.—GENERAL AUDITING OFFICE SECTION 1. There shall be a General Auditing Office under the direction and control of an Auditor General, who shall hold office for a term of ten years and may not be reappointed. SEC. 2. The Auditor General shall examine, audit, and settle all accounts pertaining to the revenues and receipts from whatever source, SEC. 3. The decisions of the Auditor General shall be rendered within the time fixed by law, and the same may be appealed to the President whose action shall be final. SEC. 4. The Auditor General shall submit to the President and the National Assembly an annual report covering the financial condition ARTICLE XI.—CIVIL SERVICE SECTION 1. A Civil Service embracing all branches and subdivisions of the Government shall be provided by law. SEC. 2. Officers and employees in the Civil Service, including members of the armed forces, shall not engage directly or indirectly in partisan political activities or take part in any election except to vote. SEC. 3. No officer or employee of the Government shall receive additional or double compensation unless specifically authorized by law. SEC. 4. No officer or employee in the Civil Service shall be removed or suspended except for cause as provided by law. ARTICLE XII.—CONSERVATION AND UTILIZATION OF NATURAL RESOURCES SECTION 1. All agricultural, timber, and mineral lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces or potential energy, and other natural resources of the Philippines belong to the State SEC. 2. No private corporation or association may acquire, lease, or hold public agricultural lands in excess of one thousand and twenty-four hectares, SEC. 3. The National Assembly may determine by law the size of private agricultural land which individuals, corporations, or associations may acquire and hold, subject to rights existing prior to the enactment of such law. SEC. 4. The National Assembly may authorize, upon payment of just compensation, the expropriation of lands to be subdivided into small lots and conveyed at cost to individuals. SEC. 5. Save in cases of hereditary succession, no private agricultural land shall be transferred or assigned except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain in the Philippines. SEC. 6. The State may, in the interest of national welfare and defense, establish and operate industries and means of transportation and communication, and, upon payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the Government. ARTICLE XIII.—GENERAL PROVISIONS SECTION 1. The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law. SEC. 2. All public officers and members of the armed forces shall take an oath to support and defend the Constitution. SEC. 3. The National Assembly shall take steps toward the development and adoption of a common national language based on one of the existing native languages. SEC. 4. The State shall promote scientific research and invention. Arts and letters shall be under its patronage. SEC. 5. All educational institutions shall be under the supervision of and subject to regulation by the State. The Government shall establish and maintain a complete and adequate system of public education. All schools shall aim to develop moral character, personal discipline, civic conscience, and vocational efficiency, and to teach the duties of citizenship. SEC. 6. The State shall afford protection to labor, especially to working women and minors, and shall regulate the relations between landowner and tenant, and between labor and capital in industry and in agriculture. SEC. 7. The National Assembly shall not, except by general law, provide for the formation, organization, or regulation of private corporations, unless such corporations are owned or controlled by the Government or any subdivision or instrumentality thereof. SEC. 8. No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines or to corporations or other entities organized under the laws of the Philippines, SEC. 9. The Government shall organize and maintain a national police force to preserve public order and enforce the law. SEC. 10. This Constitution shall be officially promulgated in ARTICLE XIV.—AMENDMENTS SECTION 1. The National Assembly, by a vote of three- fourths of all its Members, may propose amendments to this Constitution or call a convention for that purpose. ARTICLE XV.—TRANSITORY PROVISIONS SECTION 1. The first election of the officers provided in this Constitution and the inauguration of the Government of the Commonwealth of the Philippines SEC. 2. All laws of the Philippine Islands shall continue in force until the inauguration of the Commonwealth of the Philippines; thereafter, such laws shall remain operative, unless inconsistent with this Constitution, SEC. 3. All courts existing at the time of the adoption of this Constitution shall continue and exercise their jurisdiction, until otherwise provided by law in accordance with this Constitution shall continue and exercise their jurisdiction, until otherwise provided by law in accordance with this Constitution, and all cases, civil and criminal, pending in said courts, shall be heard, tried and determined under the laws then in force. SEC. 4. All officers and employees in the existing Government of the Philippine Islands shall continue in office until the National Assembly SEC. 5. The Members of the National Assembly for the Mountain Province shall be elected as may be provided by law. SEC. 6. The provisions of this Constitution, except those contained in this article and in Article V, and those which refer to the election and qualifications of officers to be elected under this Constitution, shall not take effect until the inauguration of the Commonwealth of the Philippines. ARTICLE XVI.—SPECIAL PROVISIONS EFFECTIVE UPON THE PROCLAMATION OF THE INDEPENDENCE OF THE PHILIPPINES. SECTION 1. Upon the proclamation of the President of the United States recognizing the independence of the Philippines the property rights of the United States and the Philippines shall be promptly adjusted and settled, and all existing property rights of citizens or corporations of the United States shall be acknowledged, respected, and safeguarded to the same extent as property rights of citizens of the Philippines. ARTICLE XVII.—THE COMMONWEALTH AND THE REPUBLIC SECTION 1. The government established by this Constitution shall be known as the Commonwealth of the Philippines. Upon the final and complete withdrawal of the sovereignty of the United States and the proclamation of Philippine independence, the Commonwealth of the Philippines shall thenceforth be known as the Republic of the Philippines The 1943 Constitution (1943-1945) - Drafted by the Preparatory Committee for Philippine Independence, it was ratified by the KALIBAPI on September 7, 1943, and it served as the basic law of the Second Philippine Republic. - It established a republican government with a strong executive for more direct action. - It stressed the duties and obligations of the people rather than their rights and privileges, so as to mobilize the nation so that it may survive during the emergency period. - This constitution, however, was categorically temporary, until the end of war. Once peaceful conditions were restored, the transitory provisions of the constitution clearly stated out that a new one would be promulgated to suit the times.  The 1973 Constitution (1973- 1986)  Marcos composed changes in the government by creating a new constitution in 1973 and effectively implemented it through the help of his family and cronies.  The 1973 constitution underwent several amendments because some provision were never observed and implemented. First amendment On October 16-17, 1976, a majority of barangay voters or citizen assemblies approved that martial law should be continued and gratified the amendments to the constitution proposed by President Marcos. The 1976 amendments were an interim but as incumbent saw substituting for the Interim National Assembly. The President would also become the prime minister and he would continue to exercise legislative powers until martial law should have been lifted. 2nd and 3rd Amendments In the 1980 Amendment, the retirement age of the members of the Judiciary was extended to 70 years. The 1981 Amendments, the post parliamentary system was modified 4th Amendments The last amendment in 1984 abolished the Executive Committee and restored the position of Vice President which did not exist in the original 1973 Constitution. We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. The 1986 Freedom Constitution (1986-1987) 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 Transition to a New Government Under a New Constitution WHEREAS, the new government was installed through a direct exercise of the power of the Filipino people assisted by units of the New Armed Forces of the Philippines; WHEREAS, the heroic action of the people was done in defiance of provisions of the 1973 Constitution, as amended WHEREAS, the direct mandate of the people as manifested by their extraordinary action demands the complete reorganization of the government, restoration of democracy, protection of basic rights, rebuilding of confidence in the entire governmental system, eradication of graft and corruption, restoration of peace and order, maintenance of the supremacy of civilian authority over the military, and the transition to a government under a New Constitution in the shortest time possible; WHEREAS, during the period of transition to a New Constitution it must be guaranteed that the government will respect basic human rights and fundamental freedoms; WHEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the sovereign mandate of the people, do hereby promulgate the following Provisional Constitution: Article I: Adoption of Certain Provisions of the 1973 Constitution, as Amended Section 1. The provisions of Article I (National Territory), Article III (Citizenship), Article IV (Bill of Rights), Article V (Duties and Obligations of Citizens), and Article VI (Suffrage) of the 1973 Constitution, as amended, remain in force and effect and are hereby adopted into as part of this Provisional Constitution. Section 2. The provisions of Article II (Declaration of Principles and State Policies), Article VII (The President), Article X (The Judiciary), Article XI (Local Government), Article XII (The Constitutional Commissions), Article XIII (Accountability of Public Officers), Article XIV (The National Economy and Patrimony of the Nation), Article XV (General Provisions) of the 1973 Constitution, as amended, are hereby adopted as part of this Provisional Constitution, insofar as they are not inconsistent with the provisions of this Proclamation. Section 3. Article VIII (The Batasang Pambansa), Article IX (The Prime Minister and the Cabinet), Article XVI (Amendments), Article XVII (Transitory Provisions) and all amendments thereto are deemed superseded by this Proclamation.  Article II: The President, the Vice-President, and the Cabinet Section 1. Until a legislature is elected and convened under a new Constitution, the President shall continue to exercise legislative power. Section 2. The President shall be assisted by a Cabinet which shall be composed of Ministers with or without portfolio who shall be appointed by the President. They shall be accountable to and hold office at the pleasure of the President. Section 3. The President shall have control of and exercise general supervision over all local governments. Section 4. In case of a permanent vacancy arising from death, incapacity or resignation of the President, the Vice-President shall become President. Section 5. The Vice-President may be appointed Member of the Cabinet and may perform such other functions as may be assigned to him by the President. Section 6. The President, the Vice-President, and the Members of the Cabinet shall be subject to the disabilities provided for in Section 8, Article VII, and in Sections 6 and 7, Article IX, respectively, of the 1973 Constitution, as amended.  Article III: Government Reorganization Section 1. In the reorganization of the government, priority shall be given to measures to promote economy, efficiency, and the eradication of graft and corruption. Section 2. All elective and appointive officials and employees under the 1973 Constitution shall continue in office until otherwise provided by proclamation or executive order or upon the designation or appointment and qualification of their successors, if such is made within a period of one year from February 25, 1986. (See Executive Order No. 17, to amend this Section 2). Section 3. Any public officer or employee separated from the service as a result of the reorganization effected under this Proclamation shall, if entitled under the laws then in force, receive the retirement and other benefits accruing thereunder. Section 4. The records, equipment, buildings, facilities and other properties of all government offices shall be carefully preserved. In case any office or body is abolished or reorganized pursuant to this Proclamation, its funds and properties shall be transferred to the office or body to which its powers, functions, and responsibilities substantially pertain. Article IV: Existing Laws, Treaties, and Contracts Section 1. All existing laws, decrees, executive orders, proclamations, letters of instruction, implementing rules and regulations, and other executive issuances not inconsistent with this Proclamation shall remain operative until amended, modified, or repealed by the President or the regular legislative body to be established under a New Constitution. Section 2. The President may review all contracts, concessions, permits, or other forms of privileges for the exploration, development, exploitation, or utilization of natural resources entered, granted, issued, or acquired before the date of this Proclamation and when the national interest requires, amend, modify, or revoke them.  Article V: Adoption of a New Constitution Section 1. Within sixty (60) days from the date of this Proclamation, a Commission shall be appointed by the President to draft a New Constitution. The Commission shall be composed of not less than thirty (30) nor more than fifty (50) natural born citizens of the Philippines, of recognized probity, known for their independence, nationalism, and patriotism. They shall be chosen by the President after consultation with various sectors of society. Section 2. The Commission shall complete its work within as short a period as may be consistent with the need both to hasten the return of normal constitutional government and to draft a document truly reflective of the ideals and aspirations of the Filipino people. Section 3. The Commission shall conduct public hearings to ensure that the people will have adequate participation in the formulation of the New Constitution. Section 4. The plenary sessions of the Commission shall be public and fully recorded. Section 5. The New Constitution shall be presented by the Commission to the President who shall fix the date for the holding of a plebiscite. It shall become valid and effective upon ratification by a majority of the votes cast in such plebiscite which shall be held within a period of sixty (60) days following its  Article VI: Holding of Elections Section 1. National elections shall be held as may be provided by the New Constitution. Section 2. Local elections shall be held on a date to be determined by the President which shall not be earlier than the date of the plebiscite for the ratification of the New Constitution.  Article VII: Effective Date Section 1. This Proclamation shall take effect upon its promulgation by the President. Section 2. Pursuant to the letter and spirit of this Proclamation, a consolidated official text of the Provisional Constitution shall be promulgated by the President and published in English and Pilipino in the Official Gazette and in newspapers of general circulation to ensure widespread dissemination. The 1987 Constitution (1987-Present)  The Constitution contains a preamble and eighteen self- contained articles with a section numbering that resets for every article.  Preamble It introduces the constitution and the source of sovereignty, the people that follows the pattern in past constitution including an appeal to God. Article I- National Territory Article II- Declaration of Principles and State Policies Article III- Bill of Rights Article IV- Citizenship Article VI- Suffrage Article VII- Legislative Department Article VII- Executive Department Article VIII- Judicial Department Article IX- Constitutional Commissions Article X- Local Government Article XI- Accountability of Public Officers Article XII- National Economy and Patrimony Article XIII- Social Justice and Human Rights Article XIV-Education, Science and Technology, Arts, Culture, and Sports Article XV- The Family Article XVI- General Provisions Article XVII- Amendments or Revisions Article XVIII- Transitory Provisions  Group Activity # 4 Learning Task 2 Answer these questions. What particular provision in any of the seven Philippine Constitutions do you think was not necessary, not beneficial, and not practical to the Filipino nation? Why? Support your answer. If given the chance to contribute in the crafting of a new Philippine Constitution, what constitution of government are you going to propose? Make your stand with supporting arguments in not less than 250 words.  Lesson 3 Parts of the 1987 Constitution Objectives Recognize and define each of the three salient parts of the 1987 Philippine Constitution. Explain each of the rights made available to Filipinos under Article III or The Bill of Rights as enshrined in the 1987 Philippine Constitution. Analyze as to how a constitution is revised or amended via the principle of constitution of sovereignty. Create a topic diary using comic strip style expressing the learning acquired from this unit of study.  There are three parts of the 1987 Philippine Constitution. They are the following. 1 Constitution of Government 2 Constitution of Liberty 3 Constitution of Sovereignty  1 Constitution of Government The present Constitution established a representative democracy or a presidential form of government acknowledging the civilian authority as supreme over the military. Its prime duty is to serve and protect the people. It also restored the Bicameral Congress of the Philippines. The 1987 Constitution provided for a tripartite system of government, i.e., the Legislative, Executive, and the Judiciary. As early as in the case of US vs. Nag Tang Ho in 1922 (43 Phil 1 [Feb. 27,1922]), it was held that the different departments of the government are coordinate, coequal and each functions independently, uncontrolled and uncontrollable by the other. Under the 1987 Constitution, the Philippine government is composed of three equal branches. 1. Legislative Department. A branch of government that has the power to pass, amend, and repeal laws. The legislative power is conferred upon Congress, i.e., House of Representatives and the Philippine Senate, except to the extent reserve to the people by the provision on initiative and referendum. The House of Senate The House of Representatives 2. Executive Department. This is another branch of government charged with the execution and enforcement of laws and policies and the administration of public affairs. This executive branch of government is composed of the following; 2.1 The President The President of the Philippines is elected by direct vote by the people for a term of six years. He may only serve for one term, and is ineligible for reelection. The term of the President of the Philippines starts at noon of the 30th day of June after the election. 2.2 The Vice –President The Vice President of the Philippines is elected by direct vote by the people for a term of six years, and may run for reelection once. The term of the Vice President of the Philippines starts at noon of the 30th day of June after a regular election is held.  2.3 The Cabinet Cabinet secretaries act as the alter ego of the President executing, with his authority, the power of the Office of the President in their respective departments. The number of cabinet secretaries varies from time to time depending on the need of an administration. According to the Administrative Code of 1987, the President of the Philippines may create or dissolve any department as he sees fit. 2.4 The Local Government The executive branch extends beyond the national government. According to Article X, Section 4 of the constitution, the President of the Philippines is mandated to supervise local governments all over the country. However, because of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, local governments enjoy relative autonomy from the national government. 3. Judicial Department. This is the branch of government charged with the interpretation of laws and the administration of justice. Judicial power is vested in the Supreme Court and other lower courts established by law. The judiciary has the duty to settle actual controversies involving rights, which are legally demandable and enforceable. This judicial branch of the government is composed of the following courts; 3.1 Supreme Court 3.2. The Court of Appeals 3.3 The Court of Tax Appeals 3.4The Sandiganbayan 3.5. The Trial Courts of the First and the Second Level  3.1 Supreme Court At the top tier of the judicial hierarchy is the Supreme Court. It is presided over by a Chief Justice and is composed of 14 other Justices. The Court may adjudicate En Banc or in divisions of three, five or seven Justices each. Currently, the Supreme Court is organized into the En Banc and three divisions of five (5) Justices each 3.2. The Court of Appeals The CA is assigned to review cases elevated to it from the Regional Trial Courts (RTCs) as well as quasi- judicial agencies such as the Civil Service Commission, Securities and Exchange Commission, National Labor Relations Commission, and the Land Registration Authority. The CA also reviews cases where the sentence is reclusion perpetua or life imprisonment, as well as decisions of the Office of the Ombudsman in administrative disciplinary cases. The CA is a collegial court and sits en banc only to exercise administrative, ceremonial or other non-adjudicatory functions. Being an appellate court, it resolves cases based on the record of the proceedings from the trial court; in certain cases, however, the CA also conducts hearings and receives evidence such as, for instance, in applications for the writ of Amparo or Habeas Data, whether in the exercise of original jurisdiction or on remand from the Supreme Court.  3.3 The Court of Tax Appeals The CTA has exclusive jurisdiction to review on appeal decisions in cases involving disputed assessments, refunds of internal revenue taxes, fees, or other charges, penalties in relation thereto, or other matters arising under the National Internal Revenue Code. It also exercises original jurisdiction over all criminal offenses arising from violations of the Tax or Tariff Codes and other laws administered by the Bureau of Internal Revenue or the Bureau of Customs. 3.4 The Sandiganbayan The Sandiganbayan is an anti-graft court that has jurisdiction to try public officers with a salary grade of 27 and above (including any co-accused who are private persons) charged with criminal cases involving violation of the country’s laws on graft and corruption, particularly RA 3019, as amended, otherwise known as the Anti- Graft and Corrupt Practices Act, and corresponding civil cases for recovery of civil liability arising from the offense. Likewise, the Sandiganbayan is vested with appellate jurisdiction over final judgments, resolutions or orders of the RTC whether in the exercise of their original or appellate jurisdiction over crimes and civil cases falling within the original exclusive jurisdiction of the Sandiganbayan but which were committed by public officers below Salary Grade 27. Private individuals can be tried in cases before the Sandiganbayan if they are alleged to be in conspiracy with the public officer. The decisions of the Sandiganbayan are directly appealable to the Supreme Court. 3.5. The Trial Courts of the First and the Second Level In the first tier are the Courts of the First Level consisting of the Metropolitan Trial Courts (MeTCs), which are established in Metropolitan Manila; the Municipal Trial Courts in Cities (MTCCs), in every city which does not form part of Metropolitan Manila; the Municipal Trial Courts (MTCs), established in each of the other cities or municipalities; and Municipal Circuit Trial Courts (MTCCs), created in each circuit comprising such cities and/or municipalities as grouped by law. At the same level are the Shari’a Circuit Courts (SCC). Shari’a Courts have been established in Islamic regions and provinces to interpret and apply the Code of Muslim Personal Laws (under Presidential Decree No. 1083). Their decisions are appealable to the Shari’a Appellate Court which, however, has yet to be organized. The second tier consists of the Regional Trial Courts (RTCs) established in each of the thirteen (13) regions in the Philippines. Each RTC may be composed of a single sala or of several branches. RTCs have both original and appellate jurisdiction. In exercising the former jurisdiction, RTCs act as trial courts receiving evidence in the first instance from the parties to a case falling within its jurisdiction; in exercising the latter jurisdiction, the RTCs act as a court of appeal over the decisions of the Courts of the First Level. Also on the same level are the Shari’a District Courts (SDC), whose decisions are appealable to the still-to-be organized Shari’a Appellate Court. Pending such organization, SDC Decisions are reviewed by the Supreme Court through the special civil action of certiorari under Rule 65 if the issue is one of jurisdiction or through a petition for review on certiorari by way of appeal under Rule 45 of the Rules of Court.  2 Constitution of Liberty This part of the 1987 constitution, The Bill of Rights, enumerates the fundamental rights of the Filipino people.It sets the limits to the government’s power which proves to be not absolute. Among the rights of the people are freedoms of speech, assembly, religion, and the press. An important feature here is the suspension of the writ of habeas corpus which have three available grounds such as invasion, insurrection, and rebellion. There are 22 sections under this Article III of the 1987 Constitution otherwise known as The Bill of Rights. To wit; Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.  Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law. Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. Section 9. Private property shall not be taken for public use without just compensation. Section 10. No law impairing the obligation of contracts shall be passed. Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. (4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families. Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required. Section 14. (1) No person shall be held to answer for a criminal offense without due process of law. (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable. Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it. Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. Section 17. No person shall be compelled to be a witness against himself. Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations. (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall the death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. (2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. Section 20. No person shall be imprisoned for debt or non-payment of a poll tax. Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. Section 22. No ex post facto law or bill of attainder shall be enacted.  3 Constitution of Sovereignty Sovereignty. It is the quality of having independent authority over a geographic area, such as a territory. Sovereignty is exercised by the State to exact obedience to its laws upon the citizens. Garner defines sovereignty “as the power of the State to command obedience, the power to which, legally speaking, all interests are practically subject and all will coordinate.” Sovereignty may be internal or external. Internal sovereignty denotes the power of the State to control and govern its people, while external sovereignty denotes freedom of a State from external control; independence. By virtue of this sovereignty, that power to amend or revise the 1987 Constitution is thereby vested on the Congress upon a vote of three-fourths of all its members; or through a constitutional convention.  Unit Activity. Creating a Topic Diary – Comic Strip Style. Make a summary of the learning acquired from the topics presented and discussed above. Using own sketching skills or subscribing to Make Beliefs Comix (printable or digital), continue to create a topic diary of the summary – comic strip style in not less than 6 panels or not more than 18 panels.