The Philippine Constitutions PDF

THE PHILIPPINE CONSTITUTIONS READINGS IN PHILIPPINES HISTORY OBJECTIVES: ❑ To comprehend the framework and functions of the three branches of government (executive, legislative, and judicial) and their roles in governance, as outlined in the Constitution. ❑ To instill awareness of the rights...

THE PHILIPPINE CONSTITUTIONS READINGS IN PHILIPPINES HISTORY OBJECTIVES: ❑ To comprehend the framework and functions of the three branches of government (executive, legislative, and judicial) and their roles in governance, as outlined in the Constitution. ❑ To instill awareness of the rights and duties of Filipino citizens, fostering civic engagement, and encouraging responsible participation in democratic processes. ❑ To develop an appreciation for the principles of the rule of law, separation of powers, checks and balances, and the protection of fundamental rights, ensuring the preservation of democratic values in the Philippines. WHAT IS CONSTITUTION? ❑ Latin word “CONSTITUO” which means “fixed”, “established”, or “settled”. A constitution is a codified list of provisions that identifies the limitations of the power of the government and enumerates its responsibilities to the people. It is the set of established precedents and codified principles according to which a state is governed.  LIMITATION OF POWER OF THE GOVERNMENT: ❑ Rule of Law All government officials, including the president, are subject to the law. They cannot act beyond their legal authority or ignore constitutional limits. Example: Article VII, Section 18, which outlines the president's powers, including the power to declare martial law, but it also sets clear limits. It states that: "The President... may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law... but Congress may revoke such proclamation or suspension, which revocation shall not be set aside by the President.“ This provision ensures that the president's power is not absolute and that checks and balances are in place to uphold the rule of law.  LIMITATION OF POWER OF THE GOVERNMENT: ❑ Judicial Review Courts have the power to review and invalidate laws or executive actions that violate the constitution, acting as a check on both the legislature and the executive. This provision empowers the courts, particularly the Supreme Court, to review both legislative and executive actions to ensure they comply with the Constitution. If a law or executive action violates the Constitution, the court has the authority to declare it unconstitutional, serving as a check on the powers of both the legislature and the executive. Example: (Priority Development Assistance Fund) The Supreme Court declared that the PDAF system was unconstitutional. The PDAF was a discretionary fund that allowed legislators to allocate government money for specific projects in their districts, but it was widely criticized for being prone to corruption and patronage politics.  LIMITATION OF POWER OF THE GOVERNMENT: ❑ Constitutional Rights The government cannot infringe upon individual rights outlined in the constitution, such as freedom of speech, religion, and the press. These rights limit government interference in citizens' personal liberties. Example: Freedom of Speech and Expression: Article III, 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.“ This ensures that citizens can express their opinions and ideas freely without government censorship or suppression, such as through protests or public discourse.  LIMITATION OF POWER OF THE GOVERNMENT: ❑ Constitutional Rights Example: Freedom of Religion: Article III, 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.“ This ensures that the government cannot establish an official religion or interfere with individuals' religious practices.  LIMITATION OF POWER OF THE GOVERNMENT: ❑ Constitutional Rights Example: Right to Privacy: Article III, Section 3: "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." This protects individuals' personal privacy, limiting government surveillance or unwarranted interference.  LIMITATION OF POWER OF THE GOVERNMENT: ❑QUESTION: Is sim card registration is an example of violation of privacy? If the collected data is used only for the purpose of registration and ensuring secure communication, and if users are informed of how their data will be used, it may not be considered a violation. However, if the data is used for purposes unrelated to the original intent, such as government surveillance or marketing without consent, it could be seen as a breach of privacy. So, SIM card registration can potentially violate privacy if not managed with proper security, transparency, and respect for users' personal information. However, if well-regulated and secure, it may be seen as a reasonable security measure to combat crime or terrorism.  LIMITATION OF POWER OF THE GOVERNMENT: ❑ Term Limits Elected officials, like the president or members of Congress, may serve only for a fixed number of terms or years, preventing them from holding power indefinitely. Example: President Article VII, Section 4 of the Constitution states: "The President shall not be eligible for any re-election. The President of the Philippines is limited to one six-year term with no re-election, ensuring that no individual can serve as president for more than six consecutive years. Example: President Ferdinand Marcos was able to stay in power beyond the term limit during the Martial Law period, but the 1987 Constitution was later framed to prevent such occurrences by limiting future presidents to a single term.  LIMITATION OF POWER OF THE GOVERNMENT: ❑ Term Limits: Senators Article VI, Section 4 states: "No Senator shall serve for more than two consecutive terms." Senators serve for a term of six years and can be re-elected once, allowing them to serve a maximum of two consecutive terms or 12 years in total. However, they can run again after a break in service. Example: Senator Juan Ponce Enrile served several non-consecutive terms in the Senate. After completing two consecutive terms, he could not immediately run for a third, but he could return after a break.  LIMITATION OF POWER OF THE GOVERNMENT: ❑ Term Limits: Members of the House of Representatives: Article VI, Section 7 states: "Members of the House of Representatives shall be elected for a term of three years... No member of the House of Representatives shall serve for more than three consecutive terms." Representatives can serve for three years per term and may serve a maximum of three consecutive terms, or nine years in total. Example: Former Speaker Feliciano Belmonte Jr. served the maximum of three consecutive terms in the House of Representatives, after which he had to step down but could run again after a break in service. ❑ Preventing Abuse of Power: WHAT IS THE Term limits ensure that no individual holds MAIN PURPOSE office for too long, which reduces the risk of officials using their prolonged tenure to OF TERM LIMITS consolidate power, engage in corruption, or abuse their authority. It limits the possibility TO of officials becoming entrenched in power indefinitely. GOVERNMENT OFFICIALS? ❑ Encouraging Political Renewal and Fresh WHAT IS THE Ideas: By limiting the number of terms an MAIN PURPOSE official can serve, term limits create opportunities for new leaders to emerge. This OF TERM LIMITS promotes the infusion of fresh ideas, new perspectives, and innovative approaches to TO governance, which can prevent stagnation and encourage progress. GOVERNMENT OFFICIALS? ❑ Promoting Accountability: WHAT IS THE Term limits force elected officials to focus MAIN PURPOSE on their performance within a fixed timeframe. Knowing they cannot remain in OF TERM LIMITS office indefinitely, officials are more likely to prioritize public service and deliver results TO during their limited term, as they are accountable to the electorate. GOVERNMENT OFFICIALS? ❑ Preventing Dynastic Politics: WHAT IS THE In countries where political dynasties are common, term limits help prevent families or MAIN PURPOSE individuals from holding onto power for extended periods, which can undermine OF TERM LIMITS democracy. Limiting terms ensures the political system remains open to broader TO participation from different segments of society. GOVERNMENT OFFICIALS?  LIMITATION OF POWER OF THE GOVERNMENT: ❑ Checks and Balances Each branch of government has the authority to limit or oversee the actions of the others. For example, the legislative branch can impeach the president, and the judicial branch can rule laws unconstitutional. Legislative Check on the Executive (Impeachment): The legislative branch (Congress) has the power to impeach the President or other high-ranking officials for serious offenses such as betrayal of public trust, bribery, graft, or corruption. Example: The impeachment trial of Chief Justice Renato Corona in 2012, where the Senate acted as the impeachment court and ultimately convicted him for failure to disclose his assets.  LIMITATION OF POWER OF THE GOVERNMENT: ❑ Checks and Balances Executive Check on the Legislative (Veto Power): The President has the power to veto bills passed by Congress if he/she deems them inappropriate or unconstitutional. Example: President Gloria Macapagal-Arroyo vetoed a bill in 2008 that aimed to grant workers additional benefits, citing budgetary constraints. ❑ Protection of Life, Liberty, and Property: Article II, Section 5: "The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of RESPONSIBILITIE democracy.“ S OF THE Example: GOVERNMENT The Philippine National Police (PNP) is tasked with maintaining peace and order, preventing crimes, and TO THE PEOPLE ensuring public safety. When the government responds to natural disasters or national security threats (e.g., through evacuation efforts during typhoons), it fulfills this responsibility. ❑ Provision of Basic Services: Article XIII, Section 11: "The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential RESPONSIBILITIE goods, health, and other social services available to all the people at affordable cost.“ S OF THE Example: GOVERNMENT The government provides basic services such as TO THE PEOPLE healthcare (via PhilHealth) and education (through the Department of Education), ensuring that all citizens have access to fundamental public services. ❑ Promotion of Social Justice: Article II, Section 10: "The State shall promote social justice in all phases of national development.“ RESPONSIBILITIE Example: S OF THE Programs like the Pantawid Pamilyang Pilipino GOVERNMENT Program (4Ps) provide conditional cash transfers to TO THE PEOPLE low-income families, aiming to alleviate poverty and promote social equity. ❑ Protection of Human Rights: Article II, Section 11: "The State values the dignity of every human person and guarantees full respect for human RESPONSIBILITIE rights.“ S OF THE Example: GOVERNMENT The Commission on Human Rights (CHR) investigates human rights violations and protects individuals from TO THE PEOPLE abuse by the government or private entities, safeguarding the dignity and rights of all citizens. ❑ Upholding the Rule of Law: Article II, Section 1: "The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.“ RESPONSIBILITIE Example: S OF THE The Supreme Court and other courts are tasked with GOVERNMENT ensuring that laws are interpreted and enforced fairly. TO THE PEOPLE Judicial processes, such as the PDAF ruling (mentioned earlier), help ensure that laws are upheld and the government is accountable to the people. ❑ Economic Development and Employment: Article XII, Section 1: "The goals of the national economy are a more equitable distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the RESPONSIBILITIE people; and an expanding productivity as the key to raising S OF THE the quality of life for all, especially the underprivileged.“ GOVERNMENT Example: TO THE PEOPLE The government promotes infrastructure development through programs like Build, Build, Build to boost economic growth and generate jobs, providing more opportunities for citizens. ❑ Promotion of Education: Article XIV, Section 1: "The State shall protect and promote the right of all citizens to quality education at all levels, and shall take appropriate steps to make such RESPONSIBILITIE education accessible to all.“ S OF THE Example: GOVERNMENT The implementation of the K-12 educational system TO THE PEOPLE ensures that all Filipino students receive basic education that prepares them for higher education, employment, or entrepreneurship. ❑ Defense of the State: Article II, Section 4: "The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions RESPONSIBILITIE provided by law, to render personal military or civil S OF THE service.“ GOVERNMENT Example: TO THE PEOPLE The Armed Forces of the Philippines (AFP) is responsible for defending the country from external threats and insurgencies, ensuring the protection of national sovereignty. ❑ Obeying Laws Citizens are expected to follow the laws and regulations set forth by the government to RESPONSIBILITIE maintain order and protect individual rights. S OF THE PEOPLE TO THE ❑ Voting GOVERNMENT Participating in elections is a fundamental responsibility that allows citizens to have a say in their government and influence decision-making. ❑ Paying Taxes Contributing to government revenue through taxes helps fund public services and infrastructure, such as education, healthcare, and RESPONSIBILITIE transportation. S OF THE PEOPLE TO THE ❑ Civic Engagement GOVERNMENT Engaging in community service, attending town hall meetings, and advocating for issues can strengthen democracy and improve local governance. ❑ Respecting Rights of Others: Upholding the rights of fellow citizens and respecting diverse opinions contribute to a RESPONSIBILITIE harmonious society. S OF THE PEOPLE TO THE ❑ Defending the Country: GOVERNMENT In some nations, serving in the military or participating in civil defense is a duty to protect national security.  WHAT IS CONSTITUTION? Constitution is a written instrument (document) by which the fundamental powers of government are established, limited, and defined, and by which these powers are distributed among several departments for their safe and useful exercise for the benefit of the body politic. the term constitution refers to the “body of rules and principles in accordance with which the powers of sovereignty is regularly exercised.”  IMPORTANCE OF CONSTITUTION ❑ Protection of Rights and Liberties ✔ Understanding the Constitution helps citizens protect their rights. It empowers individuals to know what they are entitled to and how to assert their rights. Example: If a person is unlawfully detained without charges, they can invoke their constitutional right to habeas corpus (Article III, Bill of Rights) to challenge the legality of their detention. IMPORTANCE OF CONSTITUTION ❑ Promotion of Nationalism and Patriotism The Constitution promotes unity and national pride. It defines the country's sovereignty, values, and ideals. Example: Article XIV, Section 3 mandates that educational institutions teach students the History and Values of the Nation, which promotes patriotism. Learning the Constitution ensures that citizens understand the principles that their country stands for. IMPORTANCE OF CONSTITUTION ❑ Guidance for Government Institutions It provides a blueprint for the structure and operation of the government, ensuring a balance of power and preventing abuse. Example: Article VI, VII, and VIII of the Constitution define the powers of the Legislative, Executive, and Judicial branches. This ensures a separation of powers where each branch functions independently, preventing authoritarianism. IMPORTANCE OF CONSTITUTION ❑ Foundation for Laws All laws in the Philippines must conform to the Constitution. Knowing it helps citizens understand the legal framework that governs their lives. Example: The Constitution prohibits cruel and unusual punishment (Article III, Section 19). If a new law attempted to reinstate such penalties, citizens could challenge it as unconstitutional. IMPORTANCE OF CONSTITUTION ❑ Framework for Civic Participation Studying the Constitution helps citizens actively engage in the political process, from voting to running for office. Example: Article V states that suffrage is a right and obligation of all citizens. Understanding this enables people to participate in elections and hold their leaders accountable. IMPORTANCE OF CONSTITUTION ❑ Promotion of Social Justice The Constitution emphasizes equality and social justice, making it vital for citizens to understand how it addresses inequality and promotes fairness. Example: Article XIII promotes agrarian reform and social justice by requiring the state to redistribute land to the landless, ensuring a more equitable society. IMPORTANCE OF CONSTITUTION ❑ Empowerment Against Corruption and Abuse Knowledge of the Constitution helps citizens recognize and resist corrupt practices and governance abuses. Example: If a government official misuses public funds, the Constitution’s provisions (like Article XI, Accountability of Public Officers) give citizens the power to demand investigation and impeachment. EVOLUTION OF PHILIPPINE CONSTITUTION November 1, 1897 The 1897 Constitution of Biak na Bato November 1, 1897 The 1899 Malolos Constitution Philippine Philippine Tydings-McDuffi Organic Act of Autonomy Act e 1902 of 1916 July 4, 1946- January 16, 1973 The 1935 Philippine Constitution October 14, 1943 The 1943 Constitution January17, 1973 The 1973 Constitution March 25, 1986 The 1986 Freedom Constitution February 8, 1987 The 1987 Philippine Constitution THE 1897 CONSTITUTION OF BIAK-NA-BATO ❑ It was on November 1, 1897 that the Republic of Biak-na-Bato (Republica de Biac-na-Bato) was established during a meeting held at Biak-na-Bato in the town of San Miguel de Mayumo in Bulacan. ❑ This was a De Facto Constitutional Republic. In this meeting, the constitution written by Isabelo Artacho and Felix Ferrer was promulgated by the Katipunan, which acted as Constitutional Assembly. – was short-lived as it operated only from November 1, 1897- December 14, 1897. PREAMBLE OF 1897 CONSTITUTION OF BIAK The separation of the Philippines from the Spanish monarchy and their formation into an independent state with its own government called the Philippine Republic has been the end sought by the Revolution in the existing war, begun on the 24th of August, 1896; and therefore, in its name and by the power delegated by the Filipino people, interpreting faithfully their desires and ambitions, we, the representatives of the Revolution, in a meeting at Biac-na-bato, Nov. 1st. 1897, unanimously adopt the following articles for the Constitution of the State THE 1899 MALOLOS CONSTITUTION (THE POLITICAL CONSTITUTION OF 1899) -was the basic law of the First Philippine Republic whose form of government was unitary semi-presidential constitution in Asia (Tucker, 2009) written by Felipe Calderon y Roca and Felipe Buencamino after the declaration of Philippine independence from Spaniards. ❑ It was signed into law by the Malolos Congress and promulgated on January 21, 1899. ❑ The Malolos Constitution was in operation from January 23, 1899 to March 23, 1901. The salient features of the 1899 Malolos Constitution include the: 1. declaration of sovereignty of the people 2. the enumeration of the basic civil rights, 3. the separation of church and state PREAMBLE OF 1899 MALOLOS CONSTITUTION WE, the Representatives of the Filipino people, lawfully convened, in order to establish justice, provide for the common defense, promote the general welfare, and to secure for ourselves the blessings of liberty, imploring the aid of the Supreme Legislator of the Universe to help us attain these objectives, have voted, decreed, and sanctioned the following. THE ACTS OF THE UNITED STATES CONGRESS -was in operation from December 10, 1898 to March 24, 1934, since the Philippines was a territory of the United States during these period because of the Treaty of Paris which transferred the sovereignty from Spain to the United States. The acts: Philippine Organic Act- known as “Philippine Bill 1902” was the first organic law enacted by the US congress for the Philippines. Provided for creation of the Philippine Assembly, and a bicameral legislature composed of a Philippine Commission (upper house) and the Philippine Assembly (lower house) were the lawmaking power was vested. Philippine Autonomy Act of 1916- also known as the “Jones Law”, amended the structure of the Philippine government that was provided for in the Philippine Bill of 1902. ✔ It removed the Philippine Commission- replaced with SENATE. Tydings-Mcduffie Act of 1934- this act allowed the Filipino nation to have a self-government. A 10 year transition period was granted by this Act so that the Filipinos could be prepared for self-government and full independence. 1935 CONSTITUTION ❑ This constitution was written in 1934 with the goal of meeting the United States expectation of political maturity among Philippine leaders so that the full and real independence could be granted by the US. ❑ This constitution was promulgated by the 1934 Constitutional Convention and was in operation during the Commonwealth era (1935-1946), until the Third Republic (july 4, 1946- January 16-1973) ❑ During the commonwealth period, the form of government was Presidential system, with the president serving a six-year term without reelection. ❑ It also provided for a unicameral National Assembly. However, in 1940 an amendment was done establishing a Bicameral Congress of the Philippines composed of the Senate and House of Representatives, as well as creation of an independent electoral commission. ❑ President’s term was changed from 6 years without reelection to 4 years term with a maximum of 2 consecutive terms in office. ❑ In 1971, a Constitutional Convention was held to rewrite or revise the 1935 Constitution. However proclaimed martial law to suppress the increasing civil strife and the threat of communist takeover of the government. ❑ The proclamation of martial law suspended the 1935 Constitution. THE 1943 CONSTITUTION- JAPANESE OCCUPATION ❑ The constitution was in operation in Japanese-controlled areas of Philippines from October 14, 1943 to August 17, 1945. ❑ This was the time of President Jose P. Laurel, he was appointed as President by the National Assembly. ❑ Benigno Simeon Aquino Sr. was the speaker of the National Assembly. 1973 CONSTITUTION ❑ Was promulgated by the 1973 Constitutional Convention, after Marcos declared martial law. The 1973 Constitution ruled the Fourth Philippine Republic from January 17, 1973 to February 22, 1986. 1986 CONSTITUTION Right after the 1986 People Power Revolution that compelled President Marcos to step down from power, President Corazon Aquino issued Proclamation No. 3 to serve as provisional constitution. ❑ The proclamation contained some provisions adopted from the 1973 Constitution. ❑ Powers such as government reorganization, removal of officials, appointment of commission to draft a new and more formal Constitution, which upon ratification, would supplant the Freedom Constitution.  THE 1987 PHILIPPINE CONSTITUTION The 1987Constitution was drafted by a constitutional assembly that was mandated in Proclamation No. 3. ❑ The commission composed 50 members appointed by President Corazon Aquino from various backrounds: I. Former members of house of representatives II. Former justices of Supreme Court III. Roman catholic Bishop IV. Political activist against the Marcos Regime Cecilia Munos-Palma, who was the former Associate Chief Justice of the Supreme Court was elected by the commission as its president. The final draft of the 1987 Constitution was finished on October 12, 1986 and was presented to President Aquino on October. The constitution was ratified on February 8, 1987 through a national plebiscite.