1987

CONSTITUTION
OF THE PHILIPPINES

PREAMBLE
We, the (1) __________ Filipino people, imploring the
aid of the (2) __________ God, in order to build a just
and (3) __________ society, and establish a
Government that shall embody our (4) __________ and
aspirations, promote the common good, (5) __________
and develop our (6) __________, and secure to
ourselves and our (7) __________, the blessings of
independence and (8) __________ under the rule of law
and a regime of (9) __________, (10) __________, (11)
__________, (12) __________, (13) __________, and
(14) __________, do (15) __________ and promulgate
this Constitution.

WHAT IS POLITICAL SCIENCE?

The systematic study of the STATE and its
GOVERNMENT
Primarily concerned with the association
of beings into a body politic or a political
community
State vs. Government
Political = greek word polis; Science = latin
word scire

SCOPE
POLITICAL SCIENCE includes:
POLITICAL THEORY
PUBLIC LAW
PUBLIC ADMINISTRATION

FUNCTION AND IMPORTANCE

Discover the principles that should be
adhered to in public affairs and to study
the operations of government
Used by constitution makers, legislators,
executives and judges who need models
or norms that can be applied to immediate
situations
Deals with problems of social welfare,
economy, international cooperation and
other concerns of public officials and
citizens.

GOALS
Education for citizenship
Essential parts of liberal education
Knowledge and understanding of
government

WHAT IS A STATE?
Community of persons, more or less
numerous, permanently occupying a
definite portion of territory, having a
government of their own to which a great
body of inhabitants render obedience and
enjoying freedom from external control.

ESSENTIAL ELEMENTS
PEOPLE
INHABITANTS

TERRITORY
TERRESTRIAL, AERIAL, FLUVIAL,
MARITIME

GOVERNMENT
AGENT OF THE STATE

SOVEREIGNTY
INTERNAL vs. EXTERNAL

ORIGIN

DIVINE RIGHT THEORY

NECESSITY OR FORCE THEORY
PATERNALISTIC THEORY
SOCIAL CONTRACT THEORY

STATE VS. NATION

STATE
political concept
not subject to external
control
single state made up
of several nations

NATION
ethnic concept
may or may not
subject to external
control
single nation made up
several states

PURPOSE AND NECESSITY OF GOVERNMENT

PURPOSE
necessary for the protection of society and its
members
the security of persons and property
administration of justice
preservation of state from external danger
dealings of the state with foreign powers
advancement of physical, social and cultural
well-being of the people

 NECESSITY
without an organized government:

there will be anarchy and disorder

general feeling of fear and insecurity will prevail
progress and development will not be possible
values taken for granted

FORMS OF GOVERNMENT
As to number of persons exercising
authority
MONARCHY
ABSOLUTE vs. LIMITED

ARISTOCRACY
DEMOCRACY
DIRECT/PURE vs. INDIRECT/REPRESENTATIVE

 As to relationship between executive and

legislative branches of government
PRESIDENTIAL
PARLIAMENTARY

As to extent of powers exercised by

central or national government
UNITARY
FEDERAL

WHAT IS CONSTITUTION?
refers to that body of rules and principles in
accordance with which the powers of
sovereignty and regularly exercised
Particularly, the PHILIPPINE
CONSTITUTION is a written instrument
created by the people themselves to
establish at the same time limit the powers
of the government and thereby distributing
these powers to different branches for the
common good of the sovereign people.

PURPOSES
Prescribes the permanent framework of a
system of government
Assigns to the different departments their
respective powers and duties
Establishes certain fixed principles on
which government is founded
Serves the purpose of a political plan by
directing the political and socio-economic
goals and aspiration of the people

CONSTITUTION vs. STATUTE

CONSTITUTION

STATUTE

Legislation direct from the

people i.e. constitutional
convention

Legislation from peoples

representatives

States the general

Provides details of the
framework of the law and the subject of which it treats
government
Serves the present and the
future

Serves existing conditions

only

Supreme and fundamental

law

Ordinary law which should

conform to the constitution

KINDS OF CONSTITUTION
As to their form
written
unwritten

As to manner of amending them

rigid or inelastic
flexible or elastic

As to their origin and history

Conventional or enacted
Cumulative or evolved

ESSENTIAL QUALITIES OF A GOOD

WRITTEN CONSTITUTION
It must be BROAD
It must be BRIEF
It must DEFINITE

EVOLUTION OF PHILIPPINE
CONSTITUTIONS

MALOLOS CONSTITUTION OF 1899

The Malolos Constitution was the first republican constitution in Asia.

It declared that sovereignty resides exclusively in the people, stated
basic civil rights, separated the church and state, and called for the
creation of an Assembly of Representatives to act as the legislative
body.

It also called for a parliamentary republic as the form of government.

The president was elected for a term of four years by a majority of the
Assembly.

It was titled "Constitucin poltica", and was written in Spanish

following the declaration of independence from Spain, proclaimed on
January 20, 1899,
Enacted and ratified by the Malolos Congress, a Congress held
in Malolos, Bulacan.

 1935 CONSTITUTION
The 1935 Constitution was written in 1934, approved and
adopted by the Commonwealth of the Philippines (19351946)
and later used by the Third Republic (19461972).
The original 1935 Constitution provided for unicameral National
Assembly and the President was elected to a six-year term
without re-election.
It was amended in 1940 to have a bicameral Congress
composed of a Senate and House of Representatives, as well
the creation of an independent electoral commission. The
Constitution now granted the President a four-year term with a
maximum of two consecutive terms in office.

 1973 CONSTITUTION
Introduced a parliamentary government
Unicameral assembly; 6 years term
President, elected amongst members of the assembly; 6
years term; unlimited re-election; symbolic only; not a
member of any political party

Executive power exercised by the Prime Minister

Chosen amongst the assemblymen
Head of government and commander-in-chief

Undergone four major amendments

Ultimately, it produced an authoritarian government

 1986 CONSTITUTION
Drafted through a constitutional convention
Constitutional Commission
Convened on June 2, 1986
Composed of 50 Filipino citizens of recognized probity,
independence, nationalism and patriotism
Selected by the President after consultation from various
sectors

Approved by the CONCOM on October 12, 1986

Ratified through a plebiscite on February 2, 1987

AMENDMENTS & REVISIONS

Amendments & Revisions:
Amendment to, or revision of, the Constitution may be
proposed by: (1) Congress, upon a vote of 3/4s of all its
members (2) Constitutional convention (Section 1, Art.
XVII)

Amendments only:
Directly proposed by the people through an initiative
(Section 2, Art. XVII)
Petition of at least 12% of the total number of registered voters
Each legislative district must be represented by at least 3% of
the registered voters therein
RA 6735 Initiative & Referendum Law

 AMENDMENT
An amendment envisages an alteration of one
or a few specific and separable provisions.
May be done through three modes: (1)
constituent assembly (2) constitutional
convention (3) peoples initiative
Through CON-CON:
Upon 2/3s votes of all its members
Majority vote of all its members, submit to the electorate
the question of calling such convention

 REVISION
re-examination of the entire document or of
provisions of the document
May be done through: (1) constitutional
convention (2) constituent assembly

 CONSTITUTIONAL CONVENTION
Body organized and convened for the purpose of
framing and adopting a new constitution, or of
revising and amending the current one. The
delegates of the constituent body are either
chosen or elected by the people as may be
provided by law.

CONSTITUENT ASSEMBLY
Members of the Congress is formally convened
for the purpose of amending or revising the
constitution

 PEOPLES INITIATIVE
The proposal to amend the constitution
comes directly from the people

RATIFICATION
Amendment or Revision through CON-CON
and CON-ASS:
By a majority of the votes cast in a plebiscite,
which shall be held not earlier than 60 days nor
later than 90 days after the approval of such
amendment or revision

Amendment through P-I:

By a majority of the votes cast in a plebiscite,
which shall be held not earlier than 60 days nor
later than 90 days after the certification by the
COMELEC of the sufficiency of the petition

FEATURES OF THE 1987 PHILIPPINE

CONSTITUTION
PRO-GOD

Preamble states that the sovereign people is

imploring the aid of the Almighty God

PRO-LIFE
Banning of nuclear weapons (Sec 8, Art. II)
Protection of the unborn from moment of
conception (Sec. 12, Art. II)
Strengthening of the solidarity of the family
and promoting its total development (Sec. 1,
Art. XV)

 PRO-FILIPINO

Filipino control of economy

Filipino control of schools, colleges and universities
Filipino control of mass media and advertising
Total Filipino management and control of public utilities
Reservation to Filipinos of certain areas of investment
Reservation to the Filipinos the practice of all
professions
Development of a pool of national talents
Preservation of Filipino culture
Development of a Filipino national language and
technology

 PRO-PEOPLE
Promotion of just and dynamic social order
Protection and promotion of the right to health
Protection and advancement of the rights of the people to a balanced
and healthful ecology
Giving priority to peoples education, science, technology, arts, culture
and sports
Allowing a free and open system to ensure greater participation of the
people
Sectoral representation in the House of Representatives
Recognition of the right of the people and their organization to effective
and reasonable participation at all levels of decision making
Initiatives and referendum in legislation and amending the constitution
Protection of consumers through regulation of the advertising industry
Protection of consumers from unfair trade practices and hazardous
products
Protection of public interest against mass media monopolies

 PRO-POOR
Policies that improve the plight of the poor
and the underprivileged
Economic policies for the benefit of the poor
Educational policies promoting the right of the
citizens to quality education at all levels

BILL OF RIGHTS (ARTICLE III)

Enumeration of individuals rights provided for by
the Constitution which is designed to protect
such individual against the abuse of his fellow
individual and against the violations of the
government
To create an equilibrium in the exercise of
powers between the individuals and the
government
Empowers the person to enjoy his rights to life,
liberty and property and limits the powers of the
government

CLASSIFICATION OF RIIGHTS
Natural Rights inherent to persons as
natural creations i.e. right to life
Constitutional Rights rights enumerated
in the Constitution, i.e. right to privacy
Statutory Rights rights created by lawmaking body, i.e. right to appeal

CLASSES OF CONSTITUTIONAL RIGHTS

POLITICAL RIGHTS rights of the citizens
which give them the power to participate in the
establishment/operation of the government, i.e.
right to suffrage
CIVIL RIGHTS rights which the law will enforce
at the instance of private individuals for the
purpose of securing to them the enjoyment and
means of happiness i.e. right to own property
RIGHTS OF THE ACCUSED rights designed
to protect a person accused of any crime

SECTION 1
PERSON natural or juridical
LIFE more than mere animal existence;
includes possession of complete physical
faculties
LIBERTY freedom with responsibility
PROPERTY anything that can be owned
and subject of a contract; within the
commerce of man

 DUE PROCESS OF LAW law that hears

before it condemns, proceeds upon
inquiry and renders judgment only after
trial
EQUAL PROTECTION OF THE LAW all
persons subject to legislation should be
treated alike; equality among equals

SECTION 2
SEARCH WARRANT an order in writing
issued in the name of the people of the
Philippines, signed by the judge and
directed to a peace officer, commanding
him to search for a certain personal
property and bring its before the court.
WARRANT OF ARREST command to
arrest a person and take him into custody
of the law for him to answer the
commission of offense

REQUISITES OF A VALID WARRANT

It must be issued upon probable cause
Probable cause must be determined
personally by the judge
Determination must be made after
examination under oath of affirmation of the
complainant and the witnesses he may
produce
It must particularly describe the place to be
searched and the persons or things to be
seized

PROBABLE CAUSE
Such facts and circumstances antecedent
to the issuance of the warrant that in
themselves are sufficient to induce a
cautious man to rely on them and act in
pursuance thereof.

REQUISITES FOR WARRANTLESS

SEARCH

When there is consent or waiver

Where search is an incident to lawful arrest
In case of contraband or forfeited goods
Plain view
Inspection and regulation
Checkpoint

REQUISITES FOR WARRANTLESS

ARREST
When in his presence, the person to be arrested has
committed, is actually committing, or is attempting to
commit an offense
When an offense has in fact just been committed and he
has personal knowledge of facts indicating that the
person to be arrested has committed it
When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he
is serving final judgment or temporarily confined while
his case is pending, or has escaped while being
transferred from one confinement to another

SECTION 3
DOCTRINE OF THE FRUIT OF THE
POISONOUS TREE
Refers to the inadmissibility or illegality of the
evidence obtained in violation of the
Constitution particularly Section 2 & 3 of Art.
III
If the tree is poisonous, its fruit is also
poisonous; if the process is illegal, then the
evidence acquired is likewise illegal

 RIGHT TO PRIVACY
Right to be left alone
Right of a person to be free from unwarranted
publicity or disclosure
Right to live without unwarranted interference
by the public in matters with which the public
is not necessarily concerned

 PRIVACY OF COMMUNICATION AND

CORRESPONDENCE protects the right
of the person against wire-tapping, the use
of any device that is used to listen to
private conversations without the consent
of parties
EXCEPTIONS:
When there is lawful order from the court
When public safety or order requires

SECTION 4
RIGHT TO ASSEMBLY AND RIGHT TO PETITION
Right to meet peaceably for consultation in respect to
public affairs; permit necessary
Right of any person or group of persons to petition
without fear of penalty for redress of grievances

FREEDOM OF SPEECH, OF EXPRESSION AND

OF THE PRESS
CLEAR AND PRESENT DANGER RULE
Whether the words are used in such circumstances and are of
such a nature as to create a clear and present danger that will
bring about the substantive evils that the State has a right to
prevent

SECTION 5
NON-ESTABLISHMENT OF RELIGION
CLAUSE
RELIGIOUS FREEDOM
RELIGION specific system of belief,
worship, conduct, etc.
Also includes freedom from religion
Right to worship includes right not to worship

SECTION 6
LIBERTY OF ABODE AND TRAVEL
Right to establish residence and the right to
change it wherever he pleases
Right to travel where he wills
EXCEPTION:
LAWFUL ORDER BY THE COURT
NATIONAL SECURITY, PUBLIC SAFETY OR
PUBLIC HEALTH

SECTION 7
RIGHT TO INFORMATION
LIMITATIONS:

National security matters and military intelligence

Criminal matters
Trade secrets and banking laws
Tax returns
Other confidential matters

SECTION 8
RIGHT OF THE PEOPLE TO FORM
UNIONS, ASSOCIATIONS AND
SOCIETIES
UNIONS labor organization of
employees/workers
Purposes and/or objectives must not be
contrary to law, public policy, public order and
morals

SECTION 10
NON-IMPAIRMENT OF CONTRACTS
CLAUSE
To safeguard the integrity of a valid
contractual agreement against unlawful
interference by the state
DOCTRINE OF OPERATIVE FACT

RIGHTS OF THE ACCUSED

CUSTODIAL INVESTIGATION
MIRANDA DOCTRINE
BAIL
WRIT OF HABEAS CORPUS
INVOLUNTARY SERVITUDE
PROHIBITION OF IMPRISONMENT FOR NONPAYMENT OF DEBT OR POLL TAX
DOUBLE JEOPARDY
EX POST FACTO LAW
BILL OF ATTAINDER