Introduction Articles and Features of the Philippine Constitution

CONSTITUTION is a written instrument enacted by direct action of the people by which

the fundamental powers of the government are established, limited and defined, and by which
those powers are distributed among the several departments for their safe and useful exercise for
the benefit of the body politic (Phil. Constitutional Law 6).

The Constitution is the fundamental law of the land. all laws must not contradict or in
any way contravene the Constitution lest such law will be unconstitutional or illegal. Any
taxpayer can challenge the constitutionality or legality of any measure or law in the proper court.
When passed upon by the proper court and such measure or law is declared unconstitutional, it
cannot be implemented.

The 1987 Philippine Constitution was drafted by a Constitutional Commission appointed

by the late President Corazon C. Aquino through Proclamation No. 9. The Constitution is
enacted by the direct action of the people because the people will ratify the same in a nation-
wide referendum. Unless ratified by the people the draft will not metamorphose into a
constitution. The 1986 draft of the Philippine Constitution was overwhelmingly ratified or
approved by the people.

The 1987 Philippine Constitution is the 4th Fundamental Law since 4 July 1946. The
previous constitutions are:
Commonwealth Constitution of 1935
Constitution of 1973
Freedom Constiution of 1986

With reference to the Philippine Constitution it can be defined as the written instrument by
which the fundamental powers of the government are established, limited, and defined and by
which these powers are distributed among the several departments or branches for their safe and
useful exercise for the benefit of the people (Malcohm and Laurel, 2010)

The purpose of the constitution is to (1) prescribe the permanent framework of a system
of government, (2) to assign to the several departments their respective powers and duties, and
(3) to establish certain first fixed principles on which government is founded (Cruz, 1987).

Constitutions are classified into written or unwritten, evolved or enacted, and rigid or flexible.

Written or Unwritten

A constitution is said to be written when the precepts are embodied in one document or
set of documents, while unwritten constitution consists of rules which have been integrated
into a single concrete form but scattered in various sources. It can be found in statutes of
fundamental character, judicial decisions, commentaries of publicist, customs and traditions and
certain common law principles (Cruz, 1987).

The essential qualities of a written constitution are:

A written Constitution is BROAD. It covers all persons and things within the territory of
the state. it also embodies the past, to reflect the present and anticipate the future.
 A written Constitution is BRIEF. It confines to basic principles to be implemented with
legislative details more adjustable to change and easier to amend.

A written constitution is DEFINITE. It is clear, not ambiguous and not confusing.

Unwritten Constitution consist of rules which have not been integrated into a single concrete
form but scattered in various sources.

The various sources of unwritten constitution are (1) statutes of a fundamental character,
(2) judicial decisions, (3) commentaries of publicists, (4) customs and traditions, and, (5) certain
common law principles.

Conventional or Enacted, Cumulative or Evolved

A conventional constitution is formally struck off at a definite time and place following
a conscious or deliberate effort taken by a constituent body or ruler, a cumulative one is the
result of political evolution. it is not done at any specific time but changing by accretion rather
than a systematic method (Cruz, 1987).

Rigid or Un-elastic and Flexible or Elastic

A constitution is rigid when it can only be amended by a formal and usually difficult
process while a flexible constitution can be changed by ordinary legislation.

ESSENTIAL PARTS OF THE CONSTITUTION

Constitution of Liberty (Articles III,II, IV,V and XII) This part sets forth the fundamental
civil and political rights of the citizens and imposing limitations on the powers of the
government.
Constitution of the Government (Articles VI, to XI). This constitution incudes the
provisions outlining the organization of the government and enumerating its powers.
Constitution of sovereignty (Article XVII). This contains the provisions pointing the
mode or procedure in accordance with which formal changes in the fundamental law of
the land may be brought about.

The politics of the Philippines takes place in an organized framework of a presidential,

representative, and democratic republic whereby the president is both the head of state and the
head of the government within a pluri-form multi-party around system. This system revolves
around three separate and sovereign yet interpedent branches: the legislative branch, the
executive branch, the executive branch, and the judicial branch. Executive power is exercised by
the government under the leadership of the president. Legislative power is vested in both the
government and the two-chamber congress-the senate(upper chamber) and the House of
Representatives (the lower chamber). Judicial power is vested in the courts with the Supreme
Court of the Phillipines as the highest judicial body.

The Philippines is a republic with a presidential form of government which has three
coequal branches: executive, legislative, and judiciary. The Executive branch consists of the
President and the Vice-President, who are elected by direct popular votes and serve for a term of
six years. The President appoints his Cabinet to help im administer the functions of the
government. The cabinet is made up of various departments with specific functions and headed
by secretaries. The Legislative branch, consists of the Upper House (the Senate) and the Lower
House (the House of Representatives). The Senate President is the head of the Upper House;
while the Lower House is led by the Speaker. The Judiciary branch consists of the systems of
courts, with the Supreme Court as the highest and headed by the Chief Justice.
 The government of the Philippines is composed of three branches. The three branche3s
are co-equal but each is supreme in its own sphere. The essence of having three co-equal
branches is for checks and balances.

Below are the branches or the departments of the Philippine Government

L J
E
E
X U
G
E I D
C S I
U L C
A
T I
T
I I A
V V R
E E
Y
ORGANIZATIONAL CHART OF THE GOVERNMENT OF THE PHILIPPINES
EXECUTIVE BRANCH LEGISLATIVE BRANCH JUDICIAL BRANCH

President Congress (2 houses) Supreme Court (15 Justices

Head: Chief Justice

Vice president
Senate (24) House of
Court of Tax
Head: Representatives
Courts of Appeals Courts
(69) of Appeals (69) Appeals (9)
Senate President (285)
Head: Presiding Judge
Head: Presiding Judge
Head:
Head: Speaker
Cabinet Members Presiding
Judge

Regional Legislative Regional Trial Courts Shari a District Courts

Regional Governor
Assembly (24) (12) (5)
(ARMM)

Provincial Assembly
Governor Head: Vice Governor

Vice-Governor

Mayor Municipal/City
Assembly Municipal Shari a
MetropolitanMunicipal
Trial Courts
Trial Courts in Cities
Municipal Trial Courts
Circuit Circuit
Trial Courts Trial Courts
Vice-Mayor

Barangay Assembly (8)

Barangay Captains Head: Barangay Captains

Youth Assembly (7)

Head: Chairperson

The Doctrine of Separation of Powers

The three branches of the government are co-equal bodies, each cannot intervene in the
domain of another. The legislature limits itself in making laws, the executive branch in
implementing and the judicial branch in interpreting and applying the laws. These branches
cannot delegate the powers vested or conferred to them. The rule is potestas delegate non
delegare potest (what is delegated cannot be delegated). No other entity or body exercises the
powers of government except those which are authorized. This is the principle of non-delegation
of power. This principle anyway is not absolute for the Congress delegated to the sangguniangs
of the local government units the legislative power to make ordinances.
 The Systems of Checks and Balances

Though the three branches of government are independent and separate of each other,
each stands to check each other and thereby balancing the power. If one branch becomes
powerful it will become tyrannical and depotic. If this happens there will be a mockery of
democracy.

The Principle of Checks and Balances Applied in the Philippine government

EXECUTIVE BRANCH

President
can veto bills from congress
Presidents appoints meber of the judiciary
President prepares the national budget and cannot be increased by Congress.

Congress can impeach the president.

Congress can override the veto of the president.
Congress has the sole power to release public funds.
Congress confirm appointments made by rhe president.

The courts can declare as unconstitutional acts of the president.

LEGISLATIVE BRANCH
Courts can declare laws made by Congress as unconstitutional.

Congress can impeach members of the Supreme Court. JUDICIAL BRANCH

Congress defines, prescribes and apportions jurisdiction of courts.

Significant Factors of the 1987 Philippine Constitution

The Constitution establishes the Philippines as a democratic and republican State,

where sovereignty resides in the people and all government authority emanates from
them(section 1, Article II) Consistent with the doctrine of the separation of powers, the powers
of the national government are exercised in main three branches the executive branch headed
by the President, the legislative branch composed of Congress and the Judicial branch with the
Supreme court occupying he highest of the judiciary.

The President and the members of Congress are directly elected by the people, while
the members of the Supreme court are appointed by the President from a list submitted by
the Judicial and Bar council (JBC). As with the American system of government, it is Congress
which enacts the laws, subject to the veto power of the President which may nonetheless be
overtuned by a two-thirds vote of Congress (Section 27(1), Article VI). The President are as the
constitutional duty to ensure the faithful execution of the laws (Section 17, Article VII), while the
courts are expressly granted the power of judicial review (Section 1, Article VIII), including the
power to nullify or interpret laws. The president is also recognized as the commander-in chief of
the armed forces (Section 18, Article VII).
 The Constitution also established limited political autonomy to the local government
units that act as the municipal government for the provinces, cities, municipalities, and
barangays (Section 1, Article X). Local government considered as falling under the executive
branch, yet local legislation requires enactment by duly elected local legislative bodies. The
constitution (section 3, Article X) mandated that the Congress would enact a Local Government
Code. The Congress duly enacted Republic Act No. 7160. the Local Government Code of 1991,
which became effective on 1 January 1992.

The Supreme Court has noted that the Bill of Rights Occupies a position of primacy
in the fundamental law. The Bill of rights, contained in Article III, enumerates the specific
protection against State power. Many of these guarantees are similar to those provided in
the American constitutionand other democratic constitutions, including the due process and
equal protection clause, the right against unwarranted searches and seizures, the right to free
speech and the free exercise of religion, the right against self-incrimination, and the right to
habeas corpus. The scope and limitations to these rights have largely been determined by
Philippine Supreme Court decisions.

Outside of the Bill of Rights, the Constitution also contains several other provisions
enumerating various state policies including, ie., the affirmation of labor as a primary
social economic force (Section 14, Article II); the equal protection of the life of the mother
and the life of the unborn from conception (Section 12, Article II); the Filipino family as the
foundation of the nation (Article XV, Section1) ; the recognition of Filipino as the national
language of the Philippines (Section 6,Article XVI), and even a requirement that all
educational institutions shall undertake regular sports activities throughout the country in
cooperation with athletic clubs and other sectors. (Section19.1,Article XIV).Whether these
provisions may, by temselves, be the source of enforceable rights without accompanying
legislation has been the subject of considerable debate in the legal sphere and within the
Supreme Court . The Court, for example, has ruled that a provision requiring that the State
guarantee equal access to opportunities to public service could not be enforced without
accompanying legislation, and thus could not bar the disallowance of so-called nuisance
candidates in presidential elections. But in another case, the Court held that a provision
requiring that the State protect and advance the right of the people to a balanced and healthful
ecology did not require implementing legislation to become the source of operative rights.

The Preamble of the Philippine Constitution

The Preamble

We, the sovereign Filipino people, imploring the aid of the Almighty God, in order to
build a just and humane society and establish a Government that shall embody our ideals and
aspirations, promote the common good, conserve and develop our patrimony, and democracy
under the rule of law and a regime of truth, justice, freedom, love, equality, and, peace, do ordain
and promulgate this Constitution.

Purposes in adapting the 1987 Philippine Constitution

The Preamble of the Constitution aptly provided the purposes and these are:
1. To build a just and humane society
2. to establish a government that shall:
a. embody ideals and aspirations
 b. Promote the common good
c. Conserve and develop our patrimony and secure to ourselves and our posterity the
blessings of independence and democracy under the:
i. rule of law; and,
ii. regime truth, justice, freedom, love, equality, and peace, do ordain and
promulgate this Constitution.

3 The Philippine Territory

Article I: National Territory

The national territory comprises the Philippine archipelago, with all islands and waters
embraced therein, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its the territorial sea, the seabed, the subsoil, the insular shelves, and
other submarine areas. The waters around, between, and connecting the islands of the islands of
the archipelago, regardless of their breadth and dimensions, form part of the internal waters of
the Philippines.

Importance of Defining our National Territory

It is very important to define exactly and accurately the national territory represents the
jurisdiction of the state of which it has dominion , where its laws are applicable and its authority
are enforcible. The Philippines as a sovereign state can, enact its laws of all other powers or
sovereign are excluded in its jurisdiction and effect. Delineation of national territory also
prevents conflicts.

The present territorial dispute between the Philippines and China is a recent example of
how important territories are to be delineated, fixed and fully agreed upon. China claimed part of
the Spratley as its territorial evidenced by its alleged 9 dash lines and the South China Sea
principle, while the Philippines also claimed some parts especially the Recto Bank, based on
some historical accounts and its proximity to some island properties of fisherman was shot, is
clearly a Philippine territory, however, Taiwanese fishermen are encroaching it. In this instant
case, China claimed that the fishing boats of Taiwan did not enter Philippine territory but the
Philippine claimed otherwise.

The National Territory of the Philippines (sec. 1)

Article 1 provides the territory of the Philippines and it comprised of:

a) the Philippine archipelago with all the islands and waters embraced therein;
b) All other territories over which the Philippines has sovereignty or jurisdiction;
c) The terrestrial, fluvial, and aerial domains including territorial sea, the seabed,
the subsoil, the insular shelves, and other submarine areas; and,
d) The internal waters

State Principles and Policies

Article II: Declaration of Principles and State Policies

 Principles is the guiding doctrine or ideology that one persues. In the government
parlance, principle composed the ideologies that a state pursues for its existence including
the directions that it will establish as a sovereign state.

In general terms, policy is a course of action or aseries of program adopted by a

group or a person or government in view to address or respond to existing issues or
concerns (Lazo, 2010). An issue is a topic or matter of significance; it is a recognized part of
a political agenda which is being sought to remedy its spills. A policy suggest that a formal
decisions, and it involves a predespisition to respond in a specific way. Thus, to designate
something as a policy suggests that a formal decision has been reached for execution and
then giving official action to a particular course of action.

Policy is a rule for action, manifestating or clarifying specific organizational goals,

objectives, values or ideals and often prescribing the obligatory on most desirable ways and
means for their accomplishments.

It is also a rule for action established for the purposes of framing, guiding and
directing organizational activities, including decision making, with the intensions of
providing relative stability, consistency, uniformity and continuity in the operation of the
organization.

STATE PRINCIPLES

Section 1. The Philippines is a democratic and republican State Sovereignty resides in the
people and all government authority emanates from them.

Democratic and Republican State

The Philippine government is a republican government because the officials of the land
from the highest to the lowest are directly voted by the qualified registered voters in an election
called for such. The term democratic is added because the Philippine government though
republican in nature retains the basic features of pure democracy such as initiative and
nreferendum. Initiative enables the people to proposed laws directly while referendum gives the
chance to the people to adapt or approve a law.

Section 2. The Philippines renounces war as an instrument of national policy, adopts the
generally accepted principles of international law as part of the law of the land and adheres to the
policy of peace, equality, justice, freedom, cooperation,

Renunciation of War as Instrument of National Policy

The Philippines does not advocate military approach in the enforcement of national
policy. It is done in adherence to the UN Charter that all members refrain in their international
relations from the threat or use of force against the territorial integrity or political independence
of any state"

What the Philippines renounced as an instrument is offensive war but not defensive war
in case our national honor and integrity is maligned.
Section 3. Civilian authority is, at all times, supreme over the military. The armed Forces of the
Philippines (AFP) is the protector of the people and the state. Its goal is to secure
the sovereignty of the state and the integrity of the national territory.

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 provided by law , to render
personal, military or civil service.
Duty of the Government and People

Section 5. The maintenance of peace and order, the protection of life, liberty, and
property, promotion of the general welfare are essential for the enjoyment by all the
people of the blessings of democracy.