Philippine Constitution - · PDF filePolitical vs. Civil vs. ... the right reserved to the...

Philippine Constitution

What is a constitution?

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It is a written instrument by whichthe fundamental powers ofgovernment are established,limited and defined and by whichthe powers are distributed amongseveral departments for their safeand useful exercise for thebenefits of the body politics.

What is a constitution?

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It is a written charter enacted andadopted by the people of thestate, through a convention ofrepresentatives or in any way thepeople may choose to act, which agovernment for them is ordainedor established.

TYPES OF CONSTITUTION

1.Written2.Unwritten3.Conventional or enacted 4.Cumulative or evolved5.Rigid or inelastic6.Flexible or elastic

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Philippine ConstitutionThrough the Years

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Philippine Constitutional History

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1899 MalolosConstitution

1935 Commonwealth

Constitution

1973 Constitution1

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3

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1986 Provisional “Freedom”

Constitution5

1943 Constitution 6

1987 Constitution

PARTS OF A CONSTITUTION

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Constitution of Government

Constitution of Liberty

Constitution of Sovereignty

Constitution of GOVERNMENT

Provisions which setup the governmentalstructure

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Articles VI, VII, VIII, IX and X

Constitution of LIBERTY

Provisions whichguarantee individualfundamental libertiesagainst governmentalabuse

9Articles III, IV, V, XII, XIII, XIV & XV

Constitution of SOVEREIGNTY

Provisions which outlinethe process whereby thesovereign people maychange the constitution

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Articles II, Section 1 and XVII

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PARTS OF THE CONSTITUTION

Art. I – National Territory

Art. II – Declaration of Principles and State

Policies

Art. III – Bill of Rights

Art. IV – Citizenship

Art. V – Suffrage

Art. VI – Legislative Department

Art. VII – Executive Department

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PARTS OF THE CONSTITUTION

Art. VIII – Judicial Department

Art. IX – Constitutional Commissions

(COA, CSC, COMELEC)

Art. X – Local Government

Art. XI – Accountability of Public Officers

Art. XII – National Economy and Patrimony

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PARTS OF THE CONSTITUTION

Art. XIII – Social Justice and Human Rights

Art. XIV – Education, S & T, Arts, Culture and

Sports

Art. XV – The Family

Art. XVI – General Provisions

Art. XVII – Amendments or Revisions

Art. XVIII – Transitory Provisions

“

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“We, the sovereign Filipino people,imploring the aid of Almighty God, in orderto build a just and humane society andestablish a government that shall embodyour ideals and aspirations, promote thecommon good, conserve and develop ourpatrimony, and secure to ourselves and ourposterity the blessings of independence anddemocracy under the rule of law and aregime of truth, justice, freedom, love,equality and peace, do ordain andpromulgate this Constitution.”

National Territory➝The Philippine archipelago➝All the islands and waters

embraced therein➝Territories which the Philippines

has sovereignty or jurisdiction

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National Territory➝Terrestrial, fluvial and aerial

domains of the Philippines➝Including its territorial seas,

seabed, subsoil, insular shelves and other submarine areas

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National Territory➝The water around,

between and connecting the islands of the archipelago…form part of the internal waters of the Philippines

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Archipelagic

doctrine

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CLASSIFICATION OF RIGHTS

I. NATURAL RIGHTSPossessed by every citizen without being granted by the State as conferred by God to a human being to live a happy life

Ex: right to live; right to love ☺

II. CONSTITUTIONAL RIGHTSRights conferred and protected by the Constitution- Part of the

fundamental law- Cannot be

modified or taken away

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III. STATUTORY RIGHTSProvided by laws promulgated by the law-making body and consequently may be abolished by the same body

Example: right to receive a minimum wage and right to inherit property

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II. Constitutional

Rights

Political Rights

Civil Rights

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Civil Rights

Social and Economic

Rights

Rights of the Accused

Constitutional Right

Classification of Constitutional Rights

1. POLITICALRights which give citizens the power to directly participate or indirectly in the establishment of administration of the government

Ex: rights of citizenship and suffrage

2. CIVILRights which will be enforced at the instance of private individuals for the purpose of securing them the enjoyment of their means of happiness

Ex: 2.a. Social and economic rights

2.b. Rights of the accused

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Classification of CIVIL Rights

2.a. SOCIAL & ECONOMICRights intended to ensure the well-being and economic security of the individual

2.b. RIGHTS OF THE ACCUSEDIntended for the protection of a person accused of any crime

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ARTICLE III

➝THE BILL OF RIGHTS

- The declaration and enumeration ofthe individual rights and privileges whichthe Constitution is designed to protectagainst violations by the government orby individual or groups of individuals.

Bill of Rights

▪ Fundamental characteristic of arepublican system

▪ It is “a charter of liberties forthe individual and a limitationupon the power of the State”

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Political vs. Civil vs. Legal

Political Rights

▪ Those that

pertain to an

individual’s

participation in

government or

the political

process

Civil Rights

▪ Basically refer

to rights

enjoyed to

enable

individuals to

undertake the

everyday

business of life

“Legal” Rights

▪ Rights that apply

to individuals

when subjected

to the law and/or

legal procedures

and processes

Article III, Section 4

1. Freedom of speech

2. Right to a free press

3. Freedom of assembly

4. The right of petition

Article III, Section 8

• Freedom to form associations• i.e. the right to organize

• N.B.: So long as the association isnot contrary to the law

Article III, Section 9

▪The right to private property

▪Explicit limitation to the power of eminent domain

▪Public use

▪ Just compensation: fair market price

▪Due process of law

Power of Eminent Domain

➝The power of thestate to take propertyfor public use with justcompensation.

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Article III, Section 3

Right to privacy

Especially with respect to

correspondence

Illegally obtained material as

inadmissible evidence

Article III, Section 5

▪ Freedom of religion

▪ Corollary: the state has no official religion▪ The state shall not endorse any

religion/religious preference▪ Religion shall not be a prerequisite for

political rights

▪ Affirms the separation of Church and State

Article III, Section 6

❖Liberty of abode

❖Right to travel

Article III, Section 7

✓Right of access to information✓ Access to Public records

✓ Refers mainly to citizens but extends to aliens in some cases

✓ Legal restrictions may apply (e.g. matters of national security)

“Art. III, Sec 15 - Theprivilege of the writ ofhabeas corpus shall notbe suspended except incases of invasion orrebellion when thepublic safety requires it.

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ART. IV -CITIZENSHIP

➝This denotes membershipof a permanent character in a political community.

➝A citizen of a state is one who

owes allegiance to it and

is correspondingly entitled to its protection.

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Sec 1

The following are citizens of the Philippines:

1. Those who are citizens of the Philippines at the

time of the adoption of this Constitution;

2. Those whose fathers or mothers are citizens of

the Philippines;

3. Those born before January 17, 1973, of Filipino

mothers, who elect Philippine citizenship upon

reaching the age of majority; and

4. Those who are naturalized in accordance with

law.

Jus Soli or Jus Loci

METHODS OF ACQUIRING CITIZENSHIP

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Jus Sanguinis

Naturalization

HOW TO BECOME A

FILIPINO CITIZEN

Birth

Natu

raliz

ation

BIRTH

1. JUS SANGUINIS▪ Right of blood – the

children follow thecitizenship of theparents

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BIRTH

2. Jus Soli (Right of Soil) of Jus Loci▪ Place of birth serves as

the basis for citizenship

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Duties and Obligations of a Citizen

1. To be loyal to the Republic

2. To defend the State

3. To contribute to the

development and welfare of

the State

4. To uphold the Constitution

and obey the laws42

Duties and Obligations of a Citizen

5. To cooperate with the duly

constituted authorities

6. To exercise rights responsibly

and with due regard for the

rights of others

7. To engage in gainful work

8. To register and vote

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ART. V - SUFFRAGE

The right and obligation to votefor qualified citizens in theelection of certain national andlocal officers of the governmentand in the decision of publicquestions submitted to the people.

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Election Plebiscite Referendum

Initiative Recall

SCOPE OF SUFFRAGE

SCOPE OF SUFFRAGE

1. ELECTION – the people choose acandidate to fill up an elective postor government position

2. PLEBISCITE – a political right of thesovereign people to ratify or rejectconstitutional amendments orproposed laws

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SCOPE OF SUFFRAGE

3. REFERENDUM (Popular Vote) –the right reserved to the people toadopt or reject any act or measurewhich has been passed by alegislative body and which in mostcases would without action on thepart of the electors become a law

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SCOPE OF SUFFRAGE

4. INITIATIVE – the power of thepeople to propose bills andlaws, and to enact or rejectthem at the polls,independent of thelegislative assembly

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SCOPE OF SUFFRAGE

5. RECALL – a system bywhich an elective official isremoved by popular votebefore the end of his term

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Executive

• President

• Vice President

Legislative

• Senate (24)

• House of Representatives

Judiciary/Judicial

• Supreme Court

• Court of Tax Appeals

• Court of Appeals

• Sandiganbayan

EXECUTIVE (Art. VII)

➝PRESIDENT

➝VICE PRESIDENT

QUALIFICATIONS

➝A natural born citizen of the Philippines

➝A registered voter

➝Able to read and write

➝At least forty (40) years of age on the day of

the election for President

➝A resident of the Philippines for at least ten

years immediately preceding such election51

LEGISLATIVE (Art. VI)

➝Upper House: SENATE – 24

members

➝Lower House: HOUSE OF

REPRESENTATIVES*

➝ (with not more than 250 members)

– 20% comes from the party list

representatives

➝As of last count, there are 297

members of the Lower House52

Upper House - Senate

➝Senate President (#3):

Aquilino Pimentel III

➝Senate President Pro Tempore:

Ralph Recto

➝Majority Leader:

Vicente Sotto III

➝Minority Leader:

Franklin Drilon53

Qualifications to be a Senator

➝Natural born citizens of the

Philippines

➝At least 35 years old on the day of

election

➝Able to read and write

➝A registered voter

➝A resident of the Philippines for 2

years preceding the day of the

election54

Lower House - House of Representatives

➝Speaker of the House (#4):

➝Pantaleon Alvarez,

Davao del Norte

➝Majority Floor Leader:

➝Rodolfo Farinas (Ilocos Norte)

➝Minority Floor Leader:

➝Danilo Suarez (Quezon)

➝Batasang Pambansa

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297Representatives

59Party-list representatives

238From geographical districts

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Qualifications to be a Congressman/Congresswoman

➝Natural born citizens of the Philippines

➝At least 25 years old on the day of

election

➝Able to read and write

➝A registered voter in his district

(except for party list)

➝A resident of the Philippines for at

least a year preceding the day of the

election57

JUDICIARY (Art. VIII)

➝Power is vested in the Supreme Court

➝Composition of the Supreme Court

➝Chief Justice: Hon. Maria Lourdes Sereno

➝14 Associate Justices

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Qualifications to be a Justice

➝Natural born citizens of the

Philippines

➝At least 40 years old

➝Judge or a law practitioner for 15

years in the Philippines

➝A person of proven competence,

integrity, probity and independence

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CONSTITUTIONAL COMMISSIONS

1.Civil Service Commission2.Commission on Election3.Commission on Audit

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81Provinces

1489 Municipalities

18Regions

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145 Cities

AS OF MARCH 31, 2017

Art. XI – Public office is a public trust.

➝Impeachable Officials1. President2. Vice President3. Members of the

Supreme Court4. Members of the

Constitutional Commissions

5. Ombudsman

➝Grounds for Impeachment

1. Culpable violation of the Constitution

2. Treason3. Bribery4. Graft and Corruption5. Other high crimes6. Betrayal of Public Trust

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“ ➝Public office is a public trust.Public officers and employeesmust, at all times, beaccountable to the people,serve them with utmostresponsibility, integrity,loyalty, and efficiency; act withpatriotism and justice, andlead modest lives.

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HUMAN RIGHTS

• The rights that human beings havesimply because they are humanbeings.

• These cannot be transferred,relinquished or forfeited by theactions of another individual.

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Universal Human Declaration of Human Rights (1948)

➝Passed by the UN General Assemblyon December 10, 1948.

➝It calls upon all member states topromote and secure the effectiverecognition and observance of therights and freedoms set forth in thedeclaration.

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Articles 3-21 – Civil and political rights

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Articles 3-21 – Civil and political rights

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Articles 3-21 – Civil and political rights

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Articles 22-27 – Economic, social and cultural rights

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Articles 28-30 – Everyone is entitled to social and international order in which these rights may be fully realized. They also stress the duties and responsibilities of the individual to the community.