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Philippine Constitution
What is a constitution?
2
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?
3
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
5
Philippine Constitutional History
6
1899 MalolosConstitution
1935 Commonwealth
Constitution
1973 Constitution1
2
3
4
1986 Provisional “Freedom”
Constitution5
1943 Constitution 6
1987 Constitution
PARTS OF A CONSTITUTION
7
Constitution of Government
Constitution of Liberty
Constitution of Sovereignty
Constitution of GOVERNMENT
Provisions which setup the governmentalstructure
8
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
10
Articles II, Section 1 and XVII
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12
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
13
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
14
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
17
National Territory➝The water around,
between and connecting the islands of the archipelago…form part of the internal waters of the Philippines
18
Archipelagic
doctrine
19
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
24
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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”
26
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.
31
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.
36
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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38
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
39
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
40
BIRTH
2. Jus Soli (Right of Soil) of Jus Loci▪ Place of birth serves as
the basis for citizenship
41
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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45
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
46
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
47
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
48
SCOPE OF SUFFRAGE
5. RECALL – a system bywhich an elective official isremoved by popular votebefore the end of his term
49
50
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
56
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
58
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
59
CONSTITUTIONAL COMMISSIONS
1.Civil Service Commission2.Commission on Election3.Commission on Audit
60
81Provinces
1489 Municipalities
18Regions
61
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.
63
HUMAN RIGHTS
• The rights that human beings havesimply because they are humanbeings.
• These cannot be transferred,relinquished or forfeited by theactions of another individual.
64
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.
65
66
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
69
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.