CONSTITUTION
CONSTITUTION
government are established, limited and defined, and by which the powers
are distributed among several departments for their safe and useful exercise
state.
Types of Constitution
fundamental law of the land. A more appropriate term for this kind
Parts of a Constitution
outline the process whereby the sovereign people may change the
must be broad in the sense that it provides for the organization and structure
of the entire government. It must embody the political history of the nation,
The constitution must be brief for it must limit itself to the basic principles
(Cruz, 2003).
government which have become part and parcel of our cherished democratic
2);
4. Supremacy of civilian authority over the military (Art II, Sec 3);
The term preamble is derived from the Latin word “perambulate” which
“We, the sovereign Filipino people, imploring the aid of 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 secure to ourselves and our
posterity the blessings of independence and democracy under the rule of law
and a regime of truth, justice, freedom, love, equality and peace, do ordain
The National Territory comprises the Philippine Archipelago, with all the
islands and waters embraced therein, and all other territories over which the
and aerial domains , including its territorial seas, the seabed, subsoil, the
insular shelves, and other submarine areas. The water around, between and
constitution are:
constitution; and
granted by the State for they are conferred by God to human being
so that he may live a happy life. Ex. The right to live and the right to
love.
suffrage.
2. Civil Rights – right which the law will enforce at the instance of
2.1. Social and Economic Rights – rights are intended to insure the
body.
process of law nor shall any person be denied the equal protection
of the laws.
6. The liberty of abode and changing the same within the limits
the court. Neither shall the right to travel be impaired except in the
be provided by law.
9. Private property shall not be taken for public use without just
competition.
11. Free access to the courts and quasi-judicial bodies and adequate
legal assistance shall not be denied to any person by reason of
poverty.
12. (1) Any person under investigation for the commission of an offense
shall have the right to be informed of his right to remain silent and
other means which vitiate the free will shall be used against him.
inadmissible in evidence against him (4) The law shall provide for
penal and civil sanctions for violations of this section as well provide
for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar
14. No person shall be held to answer for a criminal offense due process
innocent until the contrary is proved, and shall enjoy the right to be
accused provided that he has been duly notified and his failure to
appear is unjustifiable.
15. The privilege of the writ of habeas corpus shall not be suspended
requires it
16. All persons shall have the right to a speedy disposition of cases
19. (1) Excessive fines shall not be imposed, nor cruel, degrading or
law.
tax.
same offense.
22. No expose facto law or bill of attainder shall be enacted.
ARTICLE IV – CITIZENSHIP
There are two principles in acquiring citizenship by birth – jus snguinis and
1. Citizenship by birth
A person’s citizenship is determined at the time of his birth by following
sanguinis.
regardless of the place of his/her birth, as opposed to the doctrine of jus soli
2. Citizenship by naturalization
The applicant for naturalization must file his petition for naturalization with
the Court.
The Congress of the Philippines may enact a law which would grant an alien
Republic Act No. 8266 which was approved on February 20, 1997 and
granted Filipino citizenship to Rev. Fr. Paul Van Parijs, CICM, a Belgian citizen
Based on the express provisions of the 1987 Constitution, the following are
6. To exercise rights responsibly and with due regard for the rights of
other
ARTICLE V – SUFFRAGE
Suffrage is the right and obligation to vote of qualified citizens in the election
of certain national and local officers of the government and in the decision of
Scope of Suffrage
1. Election – A political exercise whereby the sovereign people chose
4. Initiative – the power of the people to propose bills and laws, and
assembly.
final judgment to suffer imprisonment for not less than one year, such
But such person shall automatically reacquire the right to vote upon
restored to his full civil and political rights in accordance with law. Such
person shall likewise automatically regain his right to vote upon expiration of
make laws and to alter and repeal them. Under the present set-up, the
members and the House of Representatives with note more than 250
Qualification of Senators
4. A registered voter
5. A resident of the Philippines for 2 years preceding the day of
election
Qualifications of Representatives
election
Republic Act No. 7941, the different sectors of the Philippine society like the
farmers, labors, education, women, youth and others except the religious
The different sectors from a party and register their respective parties
with the Commission on Elections. The voters for the party that they want in
the ballot on Election Day and the Party who garners at least two per cent of
means carrying them into practical operation and enforcing their due
observance.
2. A registered voter
4. At least forty (40) years of age on the day of the election for President
5. A resident of the Philippines for at least ten years immediately preceding
such election.
13. Jose Ejercito Estrada (June 30, 1998 – January 20, 2001)
14. Gloria Arroyo (January 20, 2001 – June 30, 2010)
15. Benigno Simeon Aquino, III (July 1, 2010 – June 30, 2016)
The Judicial power is vested in the Supreme Court and in such lower
courts as may be established by law. Judicial power is the power to apply the
It may sit end banc or in its discretion, in division of three, five or seven
members.
independence
the President for every vacant position in the Supreme Court and
2. Secretary of Justice
3. Representative from Congress
5. A professor of law
statute.
capacity for public administration and must not have been candidates for
The chairman and the two commissioners are appointed by the president
college degree, and must not have been candidates for any elective
the Philippine Bar who have been engaged in the practice of law for at least
ten years. The Chairman the Commissioners are appointed by the President
of the Philippine Bar who have been engaged in the practice of law for at
least ten years, must not have been candidates for any elective position in
profession.
the unexpired portion of the term of the predecessor. In no case shall any
state which is constituted by law and has substantial control of local affairs,
with officials elected or otherwise locally selected. The implementing law for
this Article is Republic Act 7160 or the Local Government Code of 1991.
component cities.
Its functions and duties in relation to its component cities and municipalities
City – There are three classes of cities in the Philippines: the highly
province, and the component cities which are part of the provinces where
within its territorial boundaries, one of which is the seat of government found
Barangay – The smallest political unit into which cities and municipalities in
the Philippines are divided. It is the basic unit of the Philippine political
system.
It consists of less than 1,000 inhabitants residing within the territorial limit of
a city or municipality and administered by a set of elective officials, headed
City Classification
Statistics Authority, and with the latest annual income of at least One
Component Cities – Cities which do not meet the above requirements shall
geographically located.
If a component city is located within the boundaries of two (2) or more
used to be a municipality.
LIST OF PROVINCES
cities, 1490
Ilocos Norte
Ilocos Sur
La Union
Pangasinan
Region II (Cagayan Valley)
Batanes
Cagayan
Isabela
Nueva Vizcaya
Quirino
(Aurora)
Bataan
Bulacan
Nueva Ecija
Pampanga
Tarlac
Zambales
REGION VIII (Eastern Visayas)
(Eastern Samar)
Leyte
Northern Samar
Southern Leyte
Biliran
Region IV A-CALABARZON
Cavite
Laguna
Batangas
Rizal
Quezon
REGION IV B-MIMAROPA
Occidental Mindoro
Oriental Mindoro
Marinduque
Romblon
Palawan
Albay
Camarines Norte
Camarines Sur
Catanduanes
Masbate
Sorsogon
Aklan
Antique
Capiz
Guimaras
Ilo-Ilo
Negros Occidental
Bohol
Cebu
Negros Oriental
Siquijor
(Eastern Samar)
Leyte
Northern Samar
Samar (Western Samar)
Southern Leyte
Biliran
Zamboanga Sibugay
Bukidnon
Camiguin
Misamis Occidental
Misamis Oriental
REGION XI (Davao Region)
Davao Oriental
Davao Occidental
Compostela Valley
South Cotabato
Sultan Kudarat
Sarangani
Dinagat Islands
Malabon City
ARMM – Autonomous Region in Muslim Mindanao
Basilan
Maguindanao
Sulu
Tawi-Tawi
A public office is the right, authority and duty created and conferred by
law which, a given period either fixed by law or enduring at the pleasure of
down in unequivocal terms the mandate that all government officials and
servants, shall at all times be answerable for their misconduct to the people
men.
Impeachable Officials
1. President
2. Vice President
5. Ombudsman
2. Treason
3. Bribery
There shall be one Ombudsman and one overall Deputy and at least one
Deputy each for Luzon, Visayas and Midanano and one Deputy for the
military establishment.
The Ombudsman and his Deputies shall be appointed by the President from
a list of six nominees prepared by the judicial and Bar Council, without the
The Ombudsman and his deputies must be natural born citizens of the
the Philippine Bar (lawyers); and must not be candidates in any elective
upon complaints of any person any act or omission of any public official,
improper, or inefficient.
are called” factors of production’ which are utilized to carry out these
activities.
which under the Constitution includes all lands of the public domain, waters,
and care for their national patrimony, to conserve and develop it for the
Social justice is not a mere slogan to express concern for the plight of
requires the adoption by the State of measures that guarantee the right of
all the people to equality of opportunity in all fields of human endeavor and
privileged groups.
The states shall protect and promote the right of all citizens to quality
education at all levels and shall take appropriate steps to make such
underprivileged;
respect for human rights, appreciation of the role of national heroes in the
and high schools within the regular class hours by instructors designated or
citizens.
shall comprise more than one third of the enrollment in any school.
All assets of non-stock, nonprofit educational institutions used actually,
directly and exclusively for educational purposes shall be exempt from taxes
and duties.
requirements.
advancements.
The state shall assign the highest budgetary priority to education and
ensure that teaching will attract and retain its rightful share of the best
The State recognizes the Filipino family as the foundation of the nation.
Accordingly, it shall strengthen its solidarity and actively promote its total
development.
The family is very important to the state because it is the basic social
institution.
The family is the very heart of society and the community’s first
socializing agency.
2. The Congress is given the power to adopt a new name for the
force.
7. Protection of consumers.
document.
Any amendment to, or revision of, this Constitution may be proposed by:
constitutional convention.
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
following the ratification of this Constitution nor oftener than once every five
years thereafter.
The Congress shall provide for the implementation of the exercise of this
right.
The Congress may, by a vote of two thirds of all its Members, call a
plebiscite which shall be held not earlier than sixty days nor later than ninety
majority of the votes cast in a plebiscite which shall be held not earlier than
sixty days nor later than ninety days after the certification by the
forming part of, or appended to, a Constitution to provide for the transition
from the old government to the new and put the provisions of the new