Phil. gov t and constitution

title situations Aspects influences seven ways charisma end
The 1987The 1987
PhilippinePhilippine
ConstitutionConstitution
BY: ALLAN S. TIEMPO, Ph.

What is Power?What is Power?
Power refers to the
ability or the right to do
something; the ability to
exercise authority over
others.

Expert Power
The Bases of Social Power
POWER
Referent Power
Coercive Power
Reward Power
Legitimate
The Star of Power

What are the sources of power?What are the sources of power?
P
O
W
E
R
Intangible
Factors
Material
Resources
SanctionsSkills and
Knowledge
Human
Resources
Authority
Ask Some examples of Political partiesAsk Some examples of Political parties

Thus, Power is the center on domination and influence.
Authority, on the other hand, is the feature of the leader
or an institution that compels others to grant it
obedience, usually because of some ascribes legitimacy. It
is also the power inherent in a position or function that
allows an incumbent to perform assigned duties and
assume delegated responsibilities.
Rule can be defined as the regulation or bylaw governing
procedures in a public or private body. It can also be the
regulation or bylaw controlling the conduct and behavior
of people. Thus, to rule is to govern, to lead, to command
and get persons or people to act accordingly.
Influence, on the other hand , refers to the act, process,
or power of producing and effect without apparent
exertion of tangible force, or direct exercise of command
and often without deliberate effort or intent.

However, if there is necessity of
regulating freedom, there is also
an indispensability of regulating
powers of government. In other
word, the regulators must also be
regulated. Unregulated powers of
the government may create
tyranny, oppression and
despotism. (Power tends to corrupt, absolute power corrupts
absolutely)

STAT
E
PEOPLE
TERRITOR
Y
GOVERNMEN
T
SOVEREIGNT
Y

People- comprise the population or
inhabitants of a state.
Territory- consists of three domains:
Terrestrial, Aerial and Fluvial.
Government- this is the machinery of the
state necessary to maintain its existence
and carry on its functions.
Sovereignty- means supreme authority in
internal matters and freedom from
external control.
Elements of the State

CONCEPT ANDCONCEPT AND
NATURE OFNATURE OF
CONSTITUTIONCONSTITUTION

Constitution andConstitution and
Constitutionalism DefinedConstitutionalism Defined
The word Constitution-comes from
the Latin word, constituo, meaning “
established, fixed or settled”. It is an
organized and accepted body of
fundamental laws, rules, norms,
standards and principles or
established precedents.

It is also defined as “A written
instrument, a precise text or series
of text enacted at a given time by a
sovereign power; or it maybe the
more or less definite result of a
series of legislative acts,
ordinances, judicial decisions,
precedents, and customs of diverse
origin and of unequal value and
importance” (Aruego & Aruego- Torres, 1981)

It is also a “body of rules
in accordance with which
the powers of sovereignty
are habitually exercised”.
(Cooley)
It is also “the fundamental
law of the state or the

The concept of
constitutionalism- it refers to
an essentially limited
government with a system
of restraints on both rulers
and ruled. It asserts that there are
fundamental limits that must be observe
in the relationship between the ruler and
the ruled.

1.it serves as the supreme or fundamental law
of the land;
2.it establishes the basic framework and
underlying principles of government;
3.it empowers the state;
4.it ensures government stability;
5.it legitimizes the regime; it protects the
freedom;
6. it promotes social and economic
development and
7. it is a symbol of national unity and cultural
values of the people.
Importance of ConstitutionImportance of Constitution
The Philippine constitution is important because:

The purpose of constitution is toThe purpose of constitution is to
clearly defined the organization ofclearly defined the organization of
the government and equallythe government and equally
delegate governmental powers indelegate governmental powers in
order to bring stability,order to bring stability,
predictability, and order to thepredictability, and order to the
actions of government.actions of government.
Purpose of ConstitutionPurpose of Constitution

PURPOSE OF THE CONSTITUTION
FREEDOM
ABSOLUTE
GOV’T.
REGULATED
ANARCHY/C
HAOS
SOCIAL
ORDER
GOV’T.
POWER
ABSOLUTE
CONSTITUTIONALLY
REGULATED
TYRANNY/
OPPRESSION
POLITICAL
ORDER

Government regulates freedom
to promote the general welfare of
the people. Ex. A person in the name
of freedom may set his property on fire.
But in doing so, he may burn the
property of others. Thus, government
must regulate freedom of burning one’s
property. Under the law, a person who
sets his house on fire and burns also the
house nearby will be punished for the
crime of Arson.

QUERY:
Atty. Victorino Fornier filed a petition to
disqualify “FPJ” from the 2004 presidential
race on the ground that he is not a Filipino
citizen. Under the Constitution the president
must be a natural-born citizen. Some FPJ
supporters argued that the citizenship of FPJ
is immaterial. To them, what is important is
the choice of the people. Is the popular will of
the people in selecting a President supreme
over the constitutional provision that only a
natural-born citizen is qualified to be come
President?

ANSWER:
NO. The Constitution is supreme
even over the popular will. If the people
want to have an alien President, they
must first amend the Constitution. The
maker of the Constitution is the people.
When they adopted the Constitution,
they agreed that the President must be a
natural-born citizen. They cannot simply
ignore what they agreed on in the
middle of the game.

1. Preamble- Express the idea of a nation
2. National Territory- boundaries of the
state
3. Bill of Rights- fundamental civil and
political rights of the people
4. Structure and Function of
Gov’t- The main branches of gov’t, LGU and
Constitutional Commissions.
5. Amendatory Process- Whereby
formal changes in the constitution may be brought about
6. The Date of Effectivity
Contents of a Written
Constitution

1. A constitution deals with
fundamental principles of
the government.
1.While a Statute is a law
made by the legislature.
Statutes are also known
as legislations.
Constitution vs. Statutes

Constitution
2. It is supreme law of the
land.
Statutes
2. It is of general
application but must
conform to the
constitution.

Constitution
3. It is the direct enactment
from the people
Statutes
3. It is the enactment from
the people’s
representative.

Constitution
4. It contains general
principles or provisions.
Statutes
4. It contains details to
implement provisions of
the constitution.

Constitution
5. It is permanent in
character as its
amendment is difficult.
Statutes
5. It is easy to amend
directly by the legislative
body.
Constitution vs Statutes

Constitution
6. The amendatory
process must be strictly
followed.
Statutes
6. The amendment
process is just a simple

The 1987 Philippine Constitution:The 1987 Philippine Constitution:
The PreambleThe Preamble
We, the sovereign Filipino people,We, the sovereign Filipino people,
imploring the aid of Almighty God, inimploring the aid of Almighty God, in
order to build a just and humaneorder to build a just and humane
society and establish a Governmentsociety and establish a Government
that shall embody our ideals andthat shall embody our ideals and
aspirations, promote the commonaspirations, promote the common
good, conserve and develop ourgood, conserve and develop our
patrimony, and secure to ourselvespatrimony, and secure to ourselves
and our posterity the blessings ofand our posterity the blessings of
independence and democracy underindependence and democracy under
the rule of law and a regime of truth,the rule of law and a regime of truth,
justice, freedom, love, equality, andjustice, freedom, love, equality, and
peace, do ordain and promulgate thispeace, do ordain and promulgate this

Answer:
As stated in its preamble, the
constitution seeks to build a just
and humane society under a
government that will promote the
general welfare and preserve our
independence and democracy.
What is the fundamentalWhat is the fundamental
objective of the Constitution?objective of the Constitution?

The word preamble
is derived from the Latin word
preambulus which means
“going before/going in front” and
preambulare, “to walk before”
It is the preliminary statement in
speech or writing; a preface,
prologue, or introduction.

What does the Preamble of
1987 Constitution all about?
Function and Importance of Preamble:
Its function is merely to introduce
the Constitution by indicating the
people as the author and showing
their wishes, aims ideals and
aspirations. However, the preamble
maybe a useful aid in interpreting
the meaning of the Constitution.

Author of the Constitution
One of the purposes of the
preamble is to introduce the
makers of the constitution. The
phrase “We, the sovereign
Filipino people,… do ordain and
promulgate this Constitution”
points to the Filipino people as
the authors of the Constitution.

First Person “We”
The preamble of the 1935 Constitution spoke
of “The Filipino people”, while that of the 1987
Constitution says “We the Filipino people”.
The word “people” is a third person noun
while “we” is in the first person. To remove
any traces of our colonial past, the present
Constitution uses the first person “We”,
which indicates that the Filipinos themselves
are expressing that they are the authors of the
Constitution.

Sovereign Filipino People
The framers of the 1935 Constitution used the
word “the Filipino people” while the 1973 and
the present Constitution also use the same
term with modification: “sovereign Filipino
people”. The reason why the drafters of the
1935 Constitution did not describe the Filipino
people as sovereign is that politically
speaking sovereignty over the Philippine
Archipelago still belongs to the United States
at that time.

Almighty God
The people of the Philippines, in ordaining
and promulgating the 1935 and 1973 Constitution
implored the aid of “Divine Providence”. The phrase
“the aid of Divine Providence” is a manifestation of
the Filipinos’ intense religious nature and placement
of unfaltering reliance upon Him who guides the
destinies of men and nations. The elevating
influence of religion in human society is recognized
here as elsewhere. The drafters of the 1987
Constitution used the word “Almighty God”
instead of “Divine Providence”.

To Establish a Government
The preamble is revelation of the reason why the
people ordained and promulgated the Constitution.
During the colonial era, the American authorities,
through the Tydings-McDuffie Act of 1935,
authorized the people of the Philippines to ordain
and promulgate a constitution. Since the people of
the Philippines had no government of their own, the
primary aim in making a constitution was to
establish a government and distinct from the
American government. In addition, the authors of the
1987 Constitution ordain and promulgate it “to build
a just and humane society”.

Purpose and Reasons of
Establishing a Government
After disclosing that the people ordain and promulgate the Constitution
to build a just and humane society and to establish
a government,
the preamble presents the reason behind such
establishment:
1. to embody their ideals and aspirations;
2. to promote the common good;
3. to conserve and develop their patrimony;
4. to secure to ourselves and our posterity the blessings of
independence and democracy;
The people also require that government be under
1. the rule of law
2. a regime of truth, justice, freedom, love, equality, and peace.

Ideals and Aspirations
The people, in ordaining the
Constitution establish a
government to embody their ideal
and aspirations. In sum, the
government must not go against
the interest of the people since the
latter is a mere creation of the
former. The spring cannot run
higher than its source.

Common Good
The 1935 Constitution used the phrase
“general welfare”(Makakabuti sa nakakarami), which
covers everything conducive to the
public safety, public health, public
comfort, and convenience. The 1973
Constitution copied this phrase.
However, the designers of the 1987
Constitution replaced it with term
“common good” (Makakabuti sa lahat).

Patrimony
Patrimony refers to everything that
belongs to the Filipino people. It
embraces material properties such
as land, natural resources, forests,
and intangible possessions such
as the ideals, the customs, and the
traditions of the race.

Blessings of Independence
the Tydings McDuffie Act of 1934 authorized the Filipinos to
make their own Constitution and to establish the
Commonwealth Government of the Philippines and
guaranteed independence for the Philippines after ten
years. In turn, the colonial power would bless the
Philippine government with independence after ten years
from the effectivity of the 1935 Constitution. Thus, the
people of the Philippines professed their wish that the
government that they established must secure for them the
blessing of independence and democracy. Blessings of
democracy from 1935 Constitution now reads blessings of
independence and democracy emphasizing independence
within the democratic framework.

Rule of Law
The people- established government
must be under the rule of law.
The rule of law must be in the
concept of the principle “ours is a
government of law not by men”. In
sum not even the government is
above the law.

Under a Regime of
The preamble of 1935 Constitution spoke of “regime of
justice, liberty and democracy” while the 1973 Constitution
of “regime of justice, peace, liberty and equality”. The 1987
Constitution on the other hand states “the blessings of …
democracy” and “regime of truth, justice, freedom, love,
equality and peace”. This is probably the reason why
Justice Isagani Cruz described the preamble of the present
Constitution as “wordy”. The people – established
government must be under the regime of love. The
introduction of “love according to Father Joaquin Bernas
probably makes the Philippines the only nation to enshrine
the word “love in its Constitution.

Answers:
The constitution addresses itself to the
following concerns:
Article I - National Territory
Article II - Declaration of Principles
and State Policies
Article III - Bill of Rights
Article IV - Citizenship
Article V - Suffrage
Article VI - The Legislative
Department
Article VII - Executive Department
Article VIII - Judicial Department
What are the concerns of theWhat are the concerns of the
Constitution?Constitution?

Article IX - Constitutional Commissions
Article X - Local Government
Article XI - Accountability of Public
Office
Article XII - National Economy and
Patrimony
Article XIII - Social Justice and Human
Right
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

ARTICLE 1
NATIONAL TERRITORY
Q. Describe briefly the national territory
as defined by the constitution.
 The national territory shall comprise
all the islands and waters embraced
within the Philippines archipelago
and includes all the water around,
between and connecting the islands.
It also includes all other territories
over which the Philippines has
sovereignty. (Article 1).

ARTICLE II
DECLARATION OF PRINCIPLES AND STATE
POLICIES
Q. Cite some important principles declared in
the constitution.
Article II of the constitution declares:
 The Philippines is a democratic and republican state
Sovereignty and government authority belong to the
people.
 The first duty of the government is to serve and
protect the people.
 The Philippines renounces war and adopts a policy of
friendly relations with all nations.
 The separation of church and state shall at all times
be upheld.
 Civilian authority is at all times supreme to the
military.

Q. Cite some state policies.
Among the state policies declared in
Article II of the constitutions are:
 The Philippines adopts a policy of freedom from nuclear
weapons.
 The state shall promote a just social order to eradicate
poverty. (See also Article XIII).
 The state values the dignity of every person and
guarantees full respect for human right. For this purpose
the constitution creates an independent Commission on
Human Rights. (Article XIII, Sec. 17).
 The state recognizes the family as a sacred social
institution and shall protect the life of the unborn child
from the moment of conception. (See also Article XV).

 The state recognizes the role of youth in nation-
building and shall protect him and promote his well-
being. (See also Article XIV).
 The state shall protect and promote the health of the
people.
 The state protects its natural environment.
 The state shall give priority to education, science and
technology, arts, culture and sports. (See also Article
XIV).
 The state shall protect the workers and promote their
well-being. (See also Article XIII).
 The state shall develop a self-sustaining national
economy controlled by Filipinos.
 The state shall promote comprehensive rural
development and agrarian reform. (See also Article
XIII).
 The state shall promote the rights of culture
communities. (See also Article XII, Sec.5).

ARTICLE III
BILL OF RIGHTS
Q. Enumerate some basic rights of the individual
embodied in the constitution.
Some basic rights of the individual embodied in
the constitution are the following:
 The right t life, liberty, or property, and equal protection
of the laws. (Section 1).
 The right of the people to be secure in their persons,
houses, papers and effects against unreasonable
searches and seizures. (Sec. 22).
 The right of privacy of communication and
correspondence. (sec. 3, (1)).
 The right of freedom of speech, of expression, or of the
press, or the right of the people to assemble peaceable to
petition the government for redress of grievances. (Sec.
4).
 The right of free exercise and enjoyment of religion. (Sec.
5).
 The right of liberty of abode and of changing the same.
(Sec. 6).
 The right of the people to information on matters of
public concern. (Sec. 7).

Q. What are the rights of the accused
under the constitution?
The rights of accused under the constitution are
the following:
 The right to be informed of his right to remain silent and to
counsel. (Sec. 12, (1)).
 The right to bail. (Sec. 13).
 The right to be presumed innocent until the contrary is proven,
and the right to be heard by himself or counsel. (Sec. 14, (2)).
 The right to be informed of the nature and cause of the
accusation against him. (Sec. 14, (2)).
 The right to have a speedy, impartial, and public trial. (Sec. 14
(2)).
 The right to meet the witnesses face to face. (Sec, 14 (2)).
 The right to a speedy disposition of his case before a judicial,
quasi-judicial or administrative body. (Sec. 16).
 The right against self-incrimination. (Sec. 17).
 The right against excessive fines. (Sec. 19).
 The right against double jeopardy. (Sec. 21).

Q. Cite some new features in the Bill of
Rights of the constitution.
Some new features in the Bill of Rights of the
constitution are the following:
 A person under investigation shall not be subject to
torture, force, violence, threat, intimidation, or any
other means which vitiate the free will, and
detention in secret places, solitary, in communicado
or other similar forms of detention. (Sec. 12, (2)).
 A person shall not be detained for his political
beliefs and aspirations. (Sec. 18, (1)).
 The death penalty shall not be imposed, unless for
compelling reasons involving graves crimes the
Congress hereafter provides for it. (Sec. 19, (1)).
 A detainee shall not be subject to physical,
psychological, or degrading punishment or the use
of substandard or inadequate penal facilities under
subhuman conditions. (Sec. 19, (2)).

ARTICLE IV
CITIZENSHIP
9.) Q. Who 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. (section 1)

10.) Q. What is a natural
born citizen?
 He is a citizen of the Philippines
from birth without having to
perform any act to acquire or
perfect his Philippine citizenship.
(Sec.2)

11.) Q. What is the effect
of marriage to aliens?
 Filipino marrying aliens retain their
Philippine citizenship, unless by their
act or omission they are deemed,
under the law, to have renounced it
(Sec.4).

Q. Is dual allegiance allowed
under the constitution?
A. No, it is inimical to the
national interest and shall be
dealt with by law. (Sec.5).

ARTICLE V
SUFFRAGE
13.) Q. What are the qualifications of a voter under
the constitution?
A. 1. He must be a citizen of the Philippines who
is not otherwise disqualified by law;
 1. He must be a citizen of the Philippines
who is not otherwise disqualified by law;
 2. He must be at least eighteen of age;
and
 3. He must be a resident of the Philippines
for at least one year and in the place
wherein he proposes to vote, for at least
six months immediately preceding the
election. (Section 1).

Q. Aside from these qualifications, are there
other requirements for the exercise of
suffrage?
A. The constitution prohibits
literacy, property or other
substantive impositions on the
exercise of suffrage. (Section 1)

Q. If so, many overseas Filipino
voters, the illiterates and the disable
be allowed to vote? And how?
 A. Yes. Congress shall provide a system
for absentee voting a voting by the
illiterates and the disable without
assistance from other persons. (RA9189)
 Until Congress can so provide, the
Omnibus Electrons Code allows illiterates
and the disabled to vote with the help of
assistors.
 Absentee voting by qualified overseas
Filipino voters is not allowed under
present legislation. (Sec. 2).

ARTICLE VI
THE LEGISLATIVE DEPARTMENT
16) Q. Where is the law making power
vested?
A. The legislative power is
vested in the Congress which
shall consist of a Senate and a
House of Representatives.
(Section 1).

Q. What is the composition of
these two Houses of the
congress?
 A. The Senate shall be composed of
twenty-four Senators and the House
of Representatives, of not more than
two hundred and fifty members
including those who shall be elected
through a party-list system of
registered national, regional, and
sectoral parties or organization.
(Sec. 2, and 5 (1)).

Q. What are the qualifications set by the
constitution for Senator or Member of the
House Representatives?
 A. No person shall be Senator unless he is a natural-
born citizen of the Philippines, and on the day of the
election, is at least thirty-five years of age, able to
read and write, a registered voter, and a resident of
the Philippine for not less than two years immediately
preceding the day of the election. (Sec.3).
 No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of
the Philippines and, on the day of the election, is at
least twenty-five years of age, able to read and write,
and except the party-list representatives, a registered
voter in the district in which he shall be elected, and a
resident thereof for a period of not less than one year
immediately preceding the day of the election. (Sec.
6).

Q. What are the terms of office of the
Senator and the Members of the House of
Representatives?
 A. The term of office of the Senators
shall be six years, and no Senators
shall serve for more than two
consecutive terms. The term of office
of the members of the House
Representatives shall be three years,
and no Members shall serve for more
than three consecutive terms. (Secs.4
and 7).

Q. How shall the Senators and the Members
of the House of Representatives be elected?
 A. The Senators shall be elected at large by the
qualified voters of the Philippines. (Sec.2).
 The Members of the House of Representatives
shall be elected from being legislative district
appointed among the provinces cities, and the
Metropolitan Manila area in accordance with the
number of their respective inhabitants, and on
the basis of a uniform and progressive ratio.
With respect to the party-list representatives,
they shall be elected through a party-list system
of registered national, regional and sectoral
parties or organizations. (Sec. 5, (1)).

Q. Cite some disqualifications and
disabilities of the Members of
Congress.
 A. The following are some disqualifications and
disabilities of the Members of Congress: (a) No
member of the Congress may hold any other office or
employment in the Government; (b) No such Member
shall be appointed to any office which may have seen
created or the emoluments thereof increase during
the term for which he was elected; (c) No such
Member may personally appear as counsel before any
court of justice or before the Electoral Tribunals, or
quasijudicial and other administrative bodies; (d) No
such Member shall, directly or indirectly, be interested
financially in any contract with the Government; and
(e) No such Member shall intervene in any matter
before any office of the Government for his pecuniary
benefit or where he may be called upon to act on
account of his office. (Sec. 13 and 14).

Q. When does a bill passed by both
Houses of Congress become a law?
 A. A bill passed by both Houses of
Congress become a law: 1. If the
President fails to return the bill to the
House where it originated within thirty
days after the date of receipt thereof;
and 2. If the President disapproves the
bill and such veto is overridden by a
two-thirds vote of each House. (Sec.
27, (1)

ARTICLE VII
EXECUTIVE DEPARTMENT
23.) Q. Where is the executive power vested?
 . Executive power is vested in
the President of the Philippines.
(Section 1).

Q. What are the qualifications
prescribed by the constitution for
President?
 A. No person may be elected President
unless he is natural-born citizen of the
Philippines, as registered voter, able to
read and write, at least forty years of
age on the day of the election, and a
resident of the Philippines for at least
ten years immediately preceding such
election. (Sec. 2).

Q. Who succeeds the President
should he be unable to govern?
A. Sec. 3 provides that there
shall be a Vice-President who
shall have the same
qualifications and term of office
and be elected with and in the
same manner as the President.

Q. Explain briefly the rule of
succession to the President?
 A. If, as a result of the election for
President and Vice-President, a President
has not been chosen or the President-
elect fails to qualify, the Vice-President-
elect shall act as President until the
President is elected and has qualified.
(Sec. 7)
 In case of death, permanent disability,
removal from office or resignation of the
President during his term, the Vice-
President shall become President to
serve the unexpired term (Secs. 7 and
8).

Q. What is the manner of election and
the term of office of the President
and the Vice-President?
 A. The President and the Vice-
President shall be elected by direct
vote of the people for a term of six
years. The President shall not be
eligible for any reelection whereas
the Vice-President shall serve for not
more than two successive terms
(Sec. 4)

Q. Is the public entitled to know
the state of health of the
President?
 A. Yes, in case of serious illness of the
President, the public shall be informed of
the state of his health. Moreover, during
such illness, the members of the Cabinet
in charge of national security and foreign
relations and the Chief of Staff of the
Armed Forces of the Philippines shall not
be denied access to him. (Sec. 12).

 (c) The Supreme Court may review and decide within
30 days from the filing of an appropriate proceeding
by any citizen the factual basis of the proclamation of
martial law or the suspension of the privilege;
 (d) A state of martial law does not suspend the
operation of the Constitution, nor supplant the
functioning of the civil courts or legislative assemblies,
not authorize the conferment of jurisdiction on military
courts and agencies over civilians where ever starts
are able to function, nor automatically suspend the
privilege of the writ;
 (e) The suspension of the privilege of the writ shall
apply only to persons judicially charged with rebellion
or invasion; and
 (f) During the suspension of the privilege of the writ,
any person thus arrested or detained shall be judicially
charge within three days, otherwise he shall be
released. (Sec. 18).

Q. Explain briefly the provisions of the constitution
with respect to declaration of martial law or
suspension of the privilege of the writ of habeas
corpus.
 A. 1. Basis for declaration or suspension: In case of
invasion or rebellion, when the public safety requires
it, the President may suspend the privilege of the writ
of habeas corpus or place the Philippines or any part
thereof under martial law.
 2. Limitations
 (a) The duration of martial or suspension of the
privilege shall not exceed a period of sixty days.
 (b) The Congress voting jointly, by a vote of at least a
majority of all its Members may revoke such
proclamation or suspension. This revocation shall not
be set aside by the President. If the crisis should
persist, upon the initiative of the President. if the crisis
should persist, upon the initiative of the President, the
Congress may, in the same manner, extend such
proclamation or suspension;

Q. Cite some inhibitions on the officials
in the Executive Department.
 A. Basically they shall strictly avoid conflict of
interest in the conduct of their office.
 They spouse and relatives by consanguinity
or affinity within the fourth civil degree of the
President shall not during his tenure be
appointed as Members of the Constitutional
Commission, or the Office of the Ombudsman,
or as Secretaries, Undersecretaries, chairman
or heads of bureaus or offices, including
government owned or controlled corporations
and their subsidiaries. (Sec. 13).

ARTICLE VIII
JUDICIAL DEPARTMENT
31) Q. In the general plan of government, where
is the judicial power vested?
A. The judicial power is vested
in one Supreme Court and in
such lower courts as may be
established by law. (Sec. 1).

Q. What is the composition of the
Supreme Court and in what manner may it
is sit to hear and dispose of cases?
A. The Supreme Court shall be
composed of a Chief Justice and
fourteen Justices. It may sit en
banc or in its discretion, in
divisions of three, five, or seven
members. (Sec. 4; (1)).

Q. How are Members of the
Judiciary selected?
 A. Prospective appointees to the Judiciary shall be
recommended by the Judicial and Bar Council. This is a
body created by the constitution and placed by it
under the supervision of the Supreme Court. It is
composed of the Chief Justices as ex-officio. Chairman,
the Secretary of Justice and a representative of the
Congress as officio Members, a representative of the
Integrated Bar, a professor of law, a retired Member of
the Supreme Court, and a representative of the private
sector. The members of the Supreme Court and judges
of lower courts shall be appointed by the President
from a list of at least three nominees prepared by the
judicial and bar Council. Such appointments need no
confirmation by the Commission on Appointments.
(Sec. 8, pars. (1) and (5), and Sec. 9).

Q. May Members of the Supreme Court and of other
lower courts be designated to any agency
performing quasi-judicial and administrative
functions?
A. No. The Members of the
Supreme Court and of other
courts established by law shall
not be designated to any agency
performing quasi-judicial or
administrative functions. (Sec.
12).

Q. Cite some of the guarantees of
independence for the Judiciary.
 A. Some guarantees of independent are the following:
 1. The judiciary shall enjoy fiscal autonomy.
Appropriations for the Judiciary may not be reduced by
the legislature below the amount appropriated for the
previous year and, after approval, shall be
automatically and regularly released;
 2. No law shall be passed reorganizing the Judiciary
when it undermines the security of tenure of its
Members.
 3. The Supreme Court shall have administrative
supervision over all courts and the personnel thereof;
 4. The salary of the Chief Justice and of the Associate
Justices of the Supreme Court and the Judges of lower
courts shall not be decreased during their continuance
in office. (Secs. 2, 3, 6 and 10).

ARTICLE IX
CONSTITUTIONAL COMMISSIONS
36) Q. What are the Constitutional Commissions
created by the constitution?
A. There are three Constitutional
Commissions under the
constitution namely:
 The Civil Service Commission;
 The Commission on Elections; and
 The Commission on Audit.

Q. How is the Civil Service Commission
constituted, and what is the term of
office of its Members:
 A. The Civil Service Commission is composed of a
Chairman and two Commissioners. The Chairman and
the Commissioners shall be appointed by the
President with the consent of the Commission on
Appointments for a terms of seven years without
reappointment. Of those first appointment, the
Chairman shall hold office for seven years, a
Commissioner for five years, and another
Commissioner for three years without reappointment.
Appointment to any vacancy shall be only for an
unexpired term of the predecessor. (B. Section 1,
pars. (1) and (2).

Q. What are the basic functions of
the Civil Service Commission?
 A. The basic functions of the Civil Service
Commission are:
 1. It shall administer the civil service;
 2. It shall be the central personnel
agency of the Government and for that
purpose it shall, among others.
 established a career service;
 strengthen the merit and rewards system and
 integrate all human resources program. (B, Sec.
3)

Q. How is the Commission on
Elections constituted and what is
the term of office of its Members?
 A. The Commission on Elections is
composed of a chairman and six
Commissioners. The Chairman and the
Commissioners shall be appointed by the
President with consent of the Commission
on appointments for a term of seven years
without reappointment. Of those first
appointed, three members shall hold office
for seven years, two members for five
years, and the last members for three
years, without reappointment.
Appointment to any predecessor. (C.
Section 1 pars, (1) and (2)

the Commission on Election?
 A. The basic functions of the Commission on
Election are:
 1. Enforce and administer all laws and
regulations relative to the conduct of an
electron, plebiscite, referendum and recall;
 Exercise exclusive original jurisdiction over
all contests relating to the election, returns,
and qualifications of all elective regional,
provincial, and city officials and appellate
jurisdiction over all contest involving elective
municipal official decided by trial courts of
general jurisdiction, or involving elective
barangay officials decided by trial courts of
limited jurisdiction. (C, Sec 2, pars. (1) and
(2)).

Q. How is the Commission on
Audit constituted and what is the
term of office of its Members?
 A. The Commission on Audit is composed of a
Chairman and two Commissioners. The
chairman and the Commissioners shall be
appointed by the President with the consent of
the Commission on Appointments for a term of
seven years without reappointment. Of those
first appointed. The Chairman shall hold office
for seven years, one Commissioner for five
years, and the other Commissioner for three
years, without reappointment. Appointment to
a vacancy shall be only for the unexpired
portion of the term of the predecessor. (D.
Section 1, pars, (1) and (2)).

the Commission on Audit?
 A. The basic functions of the Commission on
Audit are to examine, audit and settle all
accounts pertaining to the revenue and
receipts of, and expenditures or uses of funds
and property, owned or held in trust by, or
pertaining to, the Government, or any of its
subdivisions, agencies, or instrumentalities,
including government-owned or controlled
corporations with original charters. Pursuant
hereto, no entity of the Government, or any
investment of public funds may, by law, be
exempt from the jurisdiction of this
Commission. (D, Sec. 2 (1) and Sec. 3).

Q. Cite some of the guarantees of
independence for the Constitutional
Commission
 A. Some guarantees of independence are the
following:
 1. The Commission shall enjoy fiscal autonomy. Their
approved annual appropriation shall be automatically
and regularly released;
 2. The salary of the Chairman and the Commissioners
shall not be decreased during their tenure;
 3. The Chairman and the Commissioners shall not be
reappointed;
 4. The Members of the Constitutional Commissions
may be removed from office only on impeachment. (A,
Sec. 3 and 5, B, Section 1 (2), C, Section 1 (2), and D,
Section 1 (2), Article XI, Sec. 2).

ARTICLE X
LOCAL GOVERNMENT
44) Q. What is the policy under the constitution for
territorial and political subdivisions?
RA 7160. LGU Code of 1991
A. The territorial and political
subdivisions shall enjoy local
autonomy. (Sec. 2)

Q. Cite some provisions in the
constitution that assures local
autonomy. (Sec. 2)
A. Local government units are
empowered to create their
sources of revenues and levy,
taxes, and are entitled to a
share in the national taxes
which shall be automatically
released to them. (Sec. 5 and
6).

Q. What are the political units of
the Republic of the Philippines?
A. The political units of the
Republic are the:
 Provinces
 Cities
 Municipalities
 Barangay
 Autonomous regions, such as Muslim
Mindanao and the Cordilleras Province
(Section 1).

Q. May other political units, metropolitan
political subdivisions or autonomous
regions be created? If so, why?
 A. Yes, These political creations shall
be effective when approved by a
majority of the votes cast in a
plebiscite in the political units or
geographical areas directly affected.
(Sec. 11).

Q. What is the term of office of
elective local official as prescribed in
the constitution?
 A. The term prescribed for elective
local officials is three years, but no
such officials shall serve for more
three consecutive terms. This rule,
however shall not apply to elective
barangay officials (Sec. 8).
 Note: SK is not part of the LGU but
1 of the structure of the Barangay

ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS
49) Q. What is the significance of a public
office under the constitution?
 A. Under the constitution, “a public
office is a public trust". Public
officers and employees shall at all
times be accountable to the people.
They shall serve with utmost
responsibility, integrity, loyalty, and
efficiency, act with patriotism and
justice, and lead modest lives.
(Section 1).

Q. Who of the government officials
may be removed by impeachment?
 A. The government officials who may be
removed by impeachment are the
following:
 1. The President
 2. Vice-President
 3. Members of the Supreme Court
 4. Members of the Constitutional
Commissions; and
 5. Ombudsman (Sec. 2)

Q. Describe briefly the
procedure of removal by
impeachment
 A. The procedures of removal by
impeachment:
 1. The House of Representatives shall
initiate the impeachment;
 2. The Senate shall try and decide the
case of impeachment. In case the
President of the Philippines is on trial, the
Chief Justice of the Supreme Court shall
preside, but shall not vote, (Sec. 3, pars.
(1) and (6)).

Q. What is the Ombudsman
in the constitution?
 A. The Ombudsman of the Constitution
as protector of the people, shall act
promptly on complaints against public
officials or employees of the
Government. His office shall investigate
on its own or on complaint by any
person, any act or omission by a public
official or employee which appears to
be illegal, unjust, improper or
inefficient. (Secs. 12 and 13, (1)).

ARTICLE XII
NATIONAL ECONOMY AND PATRIMONY
53) Q. What is the policy under the constitution
regarding the national economy?
 A. The policy in relation to the national
economy is toward a more equitable
distribution of opportunities, income,
and wealth, with a view to raising
quality of life for all, especially the
underprivileged (Section 1).

Q. In relation to national resources,
cite some policies under the
constitution.
 A. Some policies under the constitution are:
 1. All lands of the public domain, waters,
minerals, coal, petroleum, and other mineral oils,
all forces of potential energy, fisheries, forests or
timber wildlife, flora and fauna, and other natural
resources are owned by the State;
 2. The exploration, development, and utilization of
natural resources shall be under the full control
and supervision of the State;
 3. The state may directly undertake activities, or it
may enter into co-production, joint venture, or
production-sharing agreements with Filipino
citizens, or corporations or associations. Such
agreements may be for a period not exceeding
twenty-five years and renewable for not more
than twenty-five years. (Sec. 2).

Q. Under the constitution how
are lands of the public domain
classified?
A. They are classified into:
1. Agricultural
2. Forest or timber
3. Mineral
4. National Parks (Sec. 3, (1)).

Q. Which of these may
be sold or alienated?
A. Only agricultural lands
may be sold or alienated.
(Sec. 3).

Q. To whom may these alienable
lands be disposed and under
what forms of disposition?
A. Alienable lands shall be disposed of as follows:
 1. To private corporations and associations, by
lease for period not exceeding twenty-five
years and renewable for not more than
twenty-five years, and not exceed one
thousand hectares in area.
 2. To Filipino Citizens:
 a. By lease of an area of not more than five
hundred hectares.
 b. By purchase, homestead, or grant of an
area of not more that twelve hectares. (Sec. 3,
(1)).

Q. May a natural-born citizen of the
Philippines who has lost his Philippine
citizenship be a transferee of private
lands?
A. Yes. A Natural-born citizen of
the Philippines who has lost his
Philippine citizenship may be a
transferee of private lands,
under limitations provided by
law. (Sec. 8)

Q. What are the limitations in
the operation of a public
utility?
 A. It shall be limited to Filipino citizens
or to corporations at least sixty per
centum of whose capital is owned by
such citizens. The authority to operate
shall not be a longer period than fifty
years and it shall be subject to
amendment or repeal by Congress
when the common good so requires.
(Sec. 11).

Q. What is the policy of the
constitution in the practice
of professions?
A. The practice of all
professions in the Philippines
shall be limited to Filipino
citizens, save in cases
prescribed by law. (Sec. 14).

ARTICLE XVII
AMENDMENTS OR REVISIONS
61) Q. What are the three methods of amending or revising the
constitution as prescribed under the constitution?
 A. The three (3) methods of amending or revising the
constitution are:
 The Congress, upon a vote of three-fourths of all its Members
may propose amendments;
 A constitutional convention duly called for the purpose, by
Congress or the electorate, may proposes amendments;
 Amendments may be proposed directly by the people through
initiative upon a petition of at least twelve per centum of the
total number of registered voters, of which every legislative
district must be represented by at least three per centum of the
registered votes therein.
 In every case above, the proposed amendments or revisions shall
be valid when ratified by a majority of the votes cast in a
plebiscite.
 When proposes by congress or by constitutional
convention, the plebiscite shall be held no earlier than sixty (60)
days nor later than ninety (90) days after the approval of such
amendment or revision.
 When proposed through an initiative the plebiscite
shall be held not earlier than sixty days not later than ninety days
after the certification by the commission on Elections of the
sufficiency of the petition. (Section 1, and Secs. 2, and 4).

Q. Is there a limitation on the
method of amendment by
initiative?
A. Yes, No amendment through
initiative shall be authorized
within five years following the
ratification of this constitution
nor oftener than once every
years thereafter. (Sec. 2).

ARTICLE XVIII
TRANSITORY PROVISIONS
63) Q. When will the first election be held under the
constitution and until when will these officials hold
office?
 A. 1. The first election for Senators and
Representatives will be held on the second
Monday of May 1987. Those elected will hold
office until noon of June 30, 1992. (Section 1
and Sec. 2).
 2. For provincial, city municipal officials,
including the members of the Local Councils in
Metropolitan Manila, the elections will be held on
a date to be determined by the President which
may be the same date as the election of the
members of Congress. The local official so
elected will hold office for three years. (Section
1.).

Q. What is the first task of
the first Congress under
this constitution?
A. The first Congress shall give
priority to the full
implementation of free public
secondary education. (Sec. 20).

Q. What is the term of the incumbent
President and Vice-President under
the constitution?
A. The incumbent President and
Vice-President have a term of
six years to be counted from
February 7, 1986 until noon of
June 30, 1992. (Sec. 5).

Q. What is the policy regarding public lands
acquired in violation of public lands acquired
in violation of public laws, or through corrupt
practices?
 A. The Congress shall provide
efficacious procedure and adequate
remedies for their reversion to the
State. Within one year from the
ratification of this constitution no
transfer of such lands will be allowed.
(Sec.21).

Q. What will happen to the
military bases after this
constitution is ratified?
 A. After the expiration of the
Agreement between the Republic of
the Philippines and the United States
of America in 1991 these bases will no
longer be allowed within the
Philippines territory unless said
Agreement is renewed under a treaty
concurred in by the Senate and duly
ratified in a national referendum held
for that purpose. (Sec. 25).

Q. Shall the authority of the Presidential
Commission on Good Government (PCGG) to
issue sequestration or freeze order’s of ill-gotten
wealth continue and the ratification of this
constitution?
 A. Yes, but this authority shall remain
for not more than 18 months from the
ratification of the constitution.
However, in the national interest as
certified by the President the Congress
may extend said period, but the same
shall be a judicial action or proceeding.
(Sec. 26).

MISCELLANEOUS
ARTICLES XII, XIII, XIV, AND XVI
69) Q. What is the national language of the
Philippines?
 A. The national language of the
Philippines is Filipino. For purposes of
communication and instruction, the
official language of the Philippines are
Filipino and English, with the dialects
as auxiliary languages. (Article XIV,
Secs. 6 and 7).

Q. Name some sectoral interests
given special mention in the
constitution.
 A. Some sectoral interests which the
constitution specifically mentions are the:
 Cultural communities (Article XII, Sec. 5).
 Urban poor (Article XIII, Sec. 9).
 Working women (Article XIII, Sec. 14)
 Veterans (Article XVI, Sec. 8).
 Retirees (Article XVI, Sec. 8).
 Consumer (Article XVI, Sec. 9).

Q. What is the State policy
towards the police force?
A. 1. Police force:
 The State shall establish and maintain a police
force which shall be national in scope and
civilian in character. (Article XVI, Sec. 6).
 2. Armed Forces;
 The Armed Forces of the Philippines shall be
composed of a citizen armed force which shall
undergo military training.
 Professionalism in the Armed Forces shall be a
prime concern of the State. The Armed Forces
shall be insulated from partisan politics. The
officers and men of the regular force of the
Armed Forces shall be recruited from all
provinces and cities as far as practicable. (Secs.
4, 5, (3) (6)).

Q. Why is the commission on Elections
presenting the constitution to the
people in a plebiscite?
 A. Pursuant to Sec. 5, Article V,
Proclamation No. 3 as amended by
Proclamation No. 36, and Sec. 14 of
Proclamation No. 9 as amended by
Proclamation No. 3y, No. 37, the
constitution adopted by 1986
Constitutional Commission “shall
become valid effective upon ratification
by a majority of the votes cast in a
plebiscite.”

Basic Principles of GovernmentBasic Principles of Government
AS EXPRESS IN THEAS EXPRESS IN THE
CONSTITUTIONS OF THECONSTITUTIONS OF THE
PHILIPPINESPHILIPPINES

1. The supremacy of the
constitution. There is no
foundation and basis for all
decisions and actions of the
government or its agencies but the
constitution. Every official act of
the government is valid as long as
it is in accordance with the
constitution.

2. The rule of majority with respect
to the rights of minority. Basically, one half
plus one of a given number constitutes majority. But our constitution
distinguishes different forms of the rule of majority such as:
a. Simple Majority. It means one half plus one
of a given number. As applied, a majority vote of all
respective members of the Senate and the House of
Representatives is needed to elect the Senate President
and the Speaker of the House, respectively (Art. VI, Sec.
16-1); the vote of a majority of all members of both Houses
of the Congress, voting separately is required to choose the
President in case of a tie in a presidential election. The
Supreme Court, sitting en banc, shall be the sole judge of all
contests relating to the election. (Art. VII. Sec. 4).

b. Two-thirds majority. It means
two-thirds (2/3 of votes) of a given
number is required to decide on
issues such as:
* to override the veto of the
President of a bill passed by
Congress (Art. VI, Sec. 27-1). (Take
note that the two-thirds vote
requirement must come from all
members of each House, voting
separately).

*in cases where the President of the Philippines
or any person to that effect, is on impeachment
trial.
The government officials who may be removed
by impeachment are the following:
1. The President
2. Vice-President
3. Members of the Supreme Court
4. Members of the Constitutional
Commissioners; and
5. Ombudsman (Art. XI, Sec. 2).

The law provides that no person shall be
convicted without the concurrence of two-
thirds of all the members of the Senate.
(Art. XI, Sec 3-6);
* to ratify or validate a treaty (Art. VII, Sec.
21);
* to declare the existence of a state of
war (Art. VI, Sec. 23-1) To be valid, said
article states that a two-thirds vote is
required of both Houses in joint session
assembled, voting separately to declare
such existence.

c. Three-fourths majority. It means 75 % of a
given number must be secured such as, for all
members of Congress as a constituent
assembly, to propose an amendment to, or
revision of the constitution (Art. XVII, Sec. 1-1-
2).
3. The observance of government of laws
and not of men. No person, from the
highest government official of the land to
the lowest member of society, is above the
law. Not anyone, powerful or not, is beyond
the reach of the long arm of the law. It is
the rule of law that should prevail and not
one’s caprices and whims.

4. The Welfare of the people is the
supreme law
On the other hand, it is the collective will of
the people that must prevail over any
existing statute or policy when a situation
demands. It is so bec. The people’s
sovereign will is translated into laws and
that as real source of sovereignty, may
impose their will. This principle was
inspired and taken from the Latin Maxim,
“salus populi suprema est lex”

Revision
-changing or rewriting
the entire constitution
-its intention is a re-
examination of the entire
document or place a
structural change.
Example: The Constitutional
Commission of 1986 re-wrote
the 973 Constitution to
produce the 1987
Constitution.
Amendment
-only a part or parts of
the constitution is/are
change.
-Its intention is to improve or
add a new provision or delete
and existing one.
Example: Organic Resolution
No. 1 of the 1971
constitutional convention
which lowers the voting age
from 21 to 18.
Both signify
change in
the text and
the meaning
of the
constitution
DISTINGUISHING AMENDMENT FROM REVISION
(Reynaldo S. Naguit, Discourses on the 1987 Philippine Constitution, Trinitas
Publishing Inc., 2005, pp. 85-94)
The word amendment is different from revision. We have to
understand both first before going deeper to the manner of amending or
revising a constitution. Look at the diagram below.

There are three bodies that may propose
a change in the constitution in
accordance with Article XVII of the 1987
Philippine Constitution. The word
“propose” is used because it is the
people that will finally approve any
constitutional change. It means that any
amendment or revision thereto must be
ratified by the people in a plebiscite.
STEPS IN CHANGING THE
CONSTITUTION

Congress
It is a constituent assembly or body that is empowered to propose
amendments. Remember, Congress is basically a legislative body, not
a constituent body. It needs to pass a resolution to turn itself into a
constituent assembly.
Constitutional Convention
Members of a Constitutional Convention are elected by qualified votes.
The delegates or members are the direct representatives of the people
in framing the fundamental law of the land.
Electorate
This refers to the qualified voters through popular initiative. The power
of the people to directly propose a change in the constitution is
enshrined in the 1987 Constitution Art. XVII, Sec. 2. Qualified voters
herein referred to are citizens who are 18 years old, registered voters,
and have none of the disqualifications provided by law )Art. V, Sec. 1).
The three constituent bodies being referred to are:

An Illustration of Direct or
Pure Democracy:
The people are directly involved in the law-making
process. And have the right to choose their
leaders
People
Law –making
process

An Illustration of In-
direct/Representative/Republican
Democracy:
Electing representatives makes people
participate indirectly in law-making.
People
Elected Law making

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