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Michael P. Vale
Instructor 1
THE 1987 Constitution of
the republic of the
Philippines
OFFICERS:
President: Cecilia Munoz Palma
Vice President: Ambrosio B. Padilla
Floor Leader: Napoleon G. Rama
Assistant Floor Leaders: Jose
Calderon and Ahmad Domocao
Alanto
Ratified: February 2, 1987
ARTICLE I- NATIONAL TERRITORY
The Philippine Archipelago with all the
islands and waters contained therein.
ARCHIPELAGO- Greek Pelagos
meaning SEA- Group of Islands
DOMAINS:
Areal- Air Territory
Terrestrial- Land Territory
Fluvial- Water
UNITED NATIONS CONVENTION ON THE
LAW OF THE SEA (UNCLOS)
12 Nautical mile (19 km.) territorial
sea
200 nautical mile Exclusive
Economic Zone (EEZ)
Other Territories:
Seabed
Subsoil
Other submarine areas
NAVIGABLE WATERS
Inland/Internal waters
Territorial Sea
High or Open Seas
TERRITORIAL DISPUTES
Spratlys/Scarborough
Shoal- China, Taiwan,
Vietnam, Malaysia
Sabah- Malaysia
ARTICLE II- DECLARATION OF PRINCIPLE
AND STATE POLICIES
Section 1- Democratic and
Republican State. Sovereignty reside in
the people.
Democratic- Election
Republican- Representative
Sovereignty:
Internal- The State can govern itself
External- No other country can
interfere with state affairs
ARTICLE II- DECLARATION OF PRINCIPLE
AND STATE POLICIES
Section 2- Renunciation of war
Aggressive
Defensive
Adopts generally accepted principle of
international law
INTERNATIONAL LAW- Rules and
Principles that govern the relations of
nations
ARTICLE II- DECLARATION OF PRINCIPLE
AND STATE POLICIES
Section 3- Civilian authority is
supreme over the military
-President is the Commander-in-Chief
Section 4- To serve and Protect the
People
MILITARY SERVICE- Compulsary and
personal for the defense of the State
CIVIL SERVICE- Any service to
government, Encouraged and Personal
ARTICLE II- DECLARATION OF PRINCIPLE
AND STATE POLICIES
Section 6- Separation of Church and
State should be inviolable
-Church should not interfere in purely
political or temporal life matters. It’s
concern is religious and moral matters.
-State shall not have official religion
-State shall not fund any religion
-Freedom of Religion
ARTICLE II- DECLARATION OF PRINCIPLE
AND STATE POLICIES
Section 7- Pursue Independent
Foreign Policy
-FOREIGN POLICY- Conduct of a
State of it’s affairs with other State
Section 8- Freedom from Nuclear
weapons
-Except when national interest
warrants:
-No production, storage or transit of
Nuclear Weapon
ARTICLE II- DECLARATION OF PRINCIPLE
AND STATE POLICIES
Section 11- Values the dignity of
every person and guarantees full
respect for human rights
-Violation of Human Rights is violation
of the Dignity of a person
Section 12- Protect and strengthen
family
-Family- basic unit of society
-Ban on abortion
-No divorce
-Crime against adultery and
concubinage
ARTICLE II- DECLARATION OF PRINCIPLE
AND STATE POLICIES
Section 25- Autonomy of local
governments
Section 26- Equal access to public
service and prohibit Political Dynasties
Section 28- Full public disclosure
ARTICLE III- BILL OF RIGHTS
BILL OF RIGHTS- Charter of Liberty
Declaration and enumeration of person’s
basic rights and privileges to protect from
abuse of government and other individuals
or group of individuals
CLASSES:
NATURAL RIGHTS- Given by God
(Right to life, liberty, love) inalienable
CONSTITUTIONAL- Right guaranteed
by the constitution and cannot be taken
by the law making body, alienable
ARTICLE III- BILL OF RIGHTS
STATUTORY- Additional rights granted
by law. (right to minimum wage)
CLASSIFICATION OF
CONSTITUTIONAL RIGHTS
Political- To participate in government
(right to suffrage, citizenship and
information on public concerns
Civil- Enforced by law for the
enjoyment of happiness (right to equal
protection of law, against involuntary
servitude, against imprisonment for non-
payment of debt)
ARTICLE III- BILL OF RIGHTS
CLASSIFICATION OF CONSTITUTIONAL
RIGHTS
Social and Economic RIGHTS- to
ensure economic security (right to
property, just compensation, education)
Accused- For protection of person
accused of a crime (unreasonable seize
and seizure, presumption of innocence,
impartial and speedy trial, against inhuman
punishment)
Miranda Doctrine
ARTICLE III- BILL OF RIGHTS
Section 1- Due process of Law, Equal
protection
Procedural Due process- Follows right
process
Substantive- Jurisdiction and evidence
Section 2- Right to be secure in their
person, houses, papers against
unreasonable searches, seizures
Search Warrant- Order in writing, named
in the people of the Philippines, signed by
a judge
Warrant of arrest- To arrest a person
ARTICLE III- BILL OF RIGHTS
Search and seizure without warrant:
-consent or waiver
-questionable contrabands in checkpoints
-Law prohibited possession is in plain
view
-Routinary searches in customs
Arrest without warrant:
-Crime in presence (Citizen arrest)
-Prisoner escaped from prison
ARTICLE III- BILL OF RIGHTS
Section 3- Privacy of communication
Right of Privacy- Right to be left alone
against undesired publicity, disclosure of
communication and correspondence when
public matter/security is not concerned
(writ of habeas data)
Section 4- No law shall be passed
abridging freedom of speech, expression,
press, assembly, and redress grievances
Section 5- Religious Freedom
Section 6- Liberty of abode
ARTICLE III- BILL OF RIGHTS
Section 7- Information on matters of
public concern
Section 8- Right to form unions,
association and societies not contrary to
law
Section 9- private property shall not be
taken without just compensation (Eminent
domain)
Section 11- Free access to courts and
adequate legal assistance
Section 12- Accused Right to
information, against self incrimination and
competent and independent counsel
ARTICLE III- BILL OF RIGHTS
Section 13. Right to bail
Section 14. Right to presumption of
innocence
No person shall be compelled as a
witness against himself (right to self
incrimination)
Section 22. No ex post facto bill of
attainder shall be enacted
Ex post facto- Bill for punishment after
crime was committed
Bill of attainder- Punishment without
judicial trial
ARTICLE IV- CITIZENSHIP
CITIZENSHIP- membership of a person in
a political society.
CITIZEN- A person having the title of a
citizen who enjoys civil and political rights
and is protected by the state inside or
outside the territory.
ALIEN- A citizen of other country
WAYS OF ACQUIRING CITIZENSHIP:
Involuntary method- By birth (blood or
place)
Voluntary- By naturalization
ARTICLE IV- CITIZENSHIP
CITIZENSHIP BY BIRTH:
Jus Sanguinis- By blood
Jus Soli/Loci- By soil
NATURALIZATION- An act of formally
adopting a foreigner into the political body
of the state and clothing him with the
rights and privileges of a citizen.
Judgment of the Court
Direct act of Congress
Administrative proceeding
KINDS OF CITIZEN:
Natural born
Naturalized
ARTICLE IV- CITIZENSHIP
LOSS OF CITIZENSHIP:
VOLUNTARILY
•Naturalization in other country
•Renunciation of citizenship
•Oath of allegiance to constitution of other country
INVOLUNTARY
•Cancellation of certificate of naturalization by the court
•Deserter of the armed forces in times of war
REACQUISITION:
•Naturalization
•Repatriation- for deserters and marriage to alien
•Direct act of Congress
ARTICLE IV- CITIZENSHIP
Section 5. Dual allegiance is inimical to
national interest and shall be dealt with
by law.
DUAL ALLEGIANCE- Continued
allegiance of a naturalized to his previous
constitution/mother country
DUAL CITIZENSHIP- Possession of two
citizenship.
ARTICLE V- SUFFRAGE
Section 1. Suffrage may be exercized by all citizen unless
otherwise disqualified by law
SUFFRAGE- Right and obligation to vote of citizen (18
years of age, resident for one year and in the place to vote
for 6 months)
ELECTION- Choosing officials
PLEBISCITE- Yes or no to proposed legislation that may
affect local government units/ revision, amendment to
constitution
REFERENDUM- Submission of law or part for ratification or
rejection of voting citizen
INITIATIVE- People directly proposes or enacts law
RECALL- Suspension of public official
ARTICLE V- SUFFRAGE
WHO SHALL NOT VOTE?
•Sentenced criminals (disenfranchised)
•Disloyal people to government
•Insane or incompetent people declared
by competent authority
Section 2. Congress shall provide system
for securing the secrecy and sanctity of
ballot, procedure for illiterates and
absentee voting
ARTICLE VI- LEGISLATIVE DEPARTMENT
Section 1. The legislative power shall be vested
in the Congress of the Philippines
LEGISLATIVE POWER- Power to create, alter
or repeal a law
Bicameralism/Double-Chamber
•Upper House- Senate
•Lower House- House of representatives
Section 2. The SENATE
•24 senators
•Natural born
•35 years old
•Able to read and write
•Registered voter
•Resident for two years
•TERM: Six years/2 consecutive terms
ARTICLE VI- LEGISLATIVE DEPARTMENT
Section 5. House of Representatives
•250 members
•Party list is 20%
•Natural born
•25 years old
•Able to read and write
•Registered voter in his legislative district
•Resident of his legislative district for 1 year
•3 years and 3 consecutive terms
•ELECTION:
•Regular- Second Monday of may
•Special- in terms of vacancy
•Immunity to cases with 6 years below sentence
while house is in session
ARTICLE VI- LEGISLATIVE DEPARTMENT
ELECTORAL TRIBUNAL:
•Judge of electoral contests
•3 SC Justices
•6 members of Senate/Congress
•Senior Justice is Chairman
COMMISSION ON APPOINTMENT:
•Senate Pres- Ex officio (not voting except in a
tie) Chairman
•Six senators
•Six congressmen
Section 23. Joint session with 2/3 vote each
(Congress shall have the sole power to declare
the existence of war)
ARTICLE VI- LEGISLATIVE DEPARTMENT
CHECK:
Legislative: Veto a Bill- Override a vetoed Bill
(3/4 vote)
Judiciary- Declare a bill or parts thereof
unconstitutional
Section 24. All appropriations shall come from
the house of Representatives
Hodge-podge or log-rolling legislation- Several
subjects in one bill
ARTICLE VII- EXECUTIVE DEPARTMENT
Section 1. The executive power shall be vested
in the President of the Philippines
EXECUTIVE POWER- Power to administer law.
Qualifications of Pres and VP:
•Natural Born
•Registered voter
•Able to read and write
•40 years old
•Resident for 10 years
•No reelection for Pres
•One reelection for VP
•No reelection for Pres successor who served
for four years and above
ARTICLE VII- EXECUTIVE DEPARTMENT
Section 18. The writ of habeas corpus may
only be suspended or put the Philippines or
any part thereof for a period not exceeding
sixty days unless extended by congress.
Must only be suspended at times of rebellion,
invasion or public service require it.
PARDONING POWER:
•Reprieve- postponement of sentence
•Commutation- reduction of sentence
•Pardon- act of grace, total forgiveness
•Parole- Freedom without finishing sentence
•Amnesty- Mass granting of freedom (with
concurrence of Congress)
ARTICLE VIII- JUDICIAL DEPARTMENT
Section 1. The judicial power shall be vested
in one supreme court and lower courts
established by law.
JUDICIAL POWER- Power and duty of courts
of justice to interpret and apply laws.
•Scope:
•Adjudicatory power- To settle controversies
•Judicial review- interpret constitution
•Incidental power- Power to infer punishment
ARTICLE VIII- JUDICIAL DEPARTMENT
Supreme Court- Chief Justice and 14
Associate Justices
Qualifications: natural born, 40 years old, 15
years judge of lower court or in practice
Court of Appeals- 69 justices with 1 Presiding
Justice
Regional Trial Court- 720 Trial Judges
Metropolitan Courts
Special Courts
Sandiganbayan- 14 justices and 1 presiding
justice
Court of tax appeals- 5 justices and 1
presiding justice
ARTICLE VIII- JUDICIAL DEPARTMENT
JURISDICTION OF SUPREME COURT
•Certiorari- Writ to transmit records to higher
court for review
•Prohibition- Command to a lower court,
corporation, board or person to desist from
proceeding to action or matter
•Mandamus- Ordering a certain act to be done
•Quo Warranto- Recover an office or
franchise from persons or corporations
unlawfully holding it.
ARTICLE IX- CONSTITUTIONAL
COMMISSION
Civil Service Commission, Commission on
Elections and Commission on Audit
CIVIL SERVICE COMMISSION
•Chairman and two commissioner
•Natural born, 35 years old and not a
candidate for election preceding appointment
•Chairman- Seven years
•Commissioner- Five years
•Commissioner- Three years
•CIVIL SERVICE- Professionalized men and
women who made government service a
lifetime career
ARTICLE IX- CONSTITUTIONAL
COMMISSION
Commission on Elections
•One chairman and six commissioners
•Natural born
•35 years old
•Holder of college degree
•Not a candidate for election preceding
appointment
•TERM: Chairman for seven years, Three
members for 7 years, two members for five
years and and the last for 3 years without
reappointment
ARTICLE IX- CONSTITUTIONAL
COMMISSION
Commission on Audit
•One chairman and two commissioners
•Natural born
•35 years old
•CPA or member of Philippine BAR and is in
practice for ten years
•Chairman-7 years
•One commissioner for 5 years
•One for three years
•No reappointment
ARTICLE X- LOCAL GOVERNMENT
Section 1. Territorial divisions are provinces,
cities, municipalities and barangays.
Autonomous Region in Mindanao and
Cordilleras
LOCAL GOVERNMENT- political subdivision
with a control of local affairs
Section 2. Enjoy local autonomy
LOCAL AUTONOMY- exercise of basic
powers (police, taxation and eminent domain)
DECENTRALIZATION- transfer of basic
powers from national to local governments
ARTICLE XI- ACCOUNTABILITY OF PUBLIC
OFFICERS
Section 1. Public Office is public trust
PUBLIC OFFICE- Public position
Employee- Holds clerical position
Officer- Holds managerial and executive
functions
Section 2. Impeachment for President, VP,
Members of Supreme Court, Members of
Constitutional Commission and Ombudsman
(Tanod Bayan)
Grounds:
•Violation of constitution, treason, bribery,
graft and corruption, high crimes, betrayal of
public trust
ARTICLE XI- ACCOUNTABILITY OF PUBLIC
OFFICERS
Impeachment- Senate as quasi court to
decide on the inquest of the conduct of public
men
Section 3. Senate shall have the sole power to
try and decide cases of impeachment
Two thirds vote of the senate with the Senate
President to preside
When the President is on trial, the Chief
Justice shall Preside but not vote
ARTICLE XI- ACCOUNTABILITY OF PUBLIC
OFFICERS
Sandiganbayan- Anti graft court
Ombudsman- Tanodbayan
Section 15. Right of the State to recover ill-
gotten wealth
ARTICLE XII- NATIONAL ECONOMY AND
PATRIMONY
Section 1. Equitable distribution of
opportunities, income and wealth, promote
industrialization and full employment
THREE-FOLD GOALS OF NATIONAL
ECONOMY:
•Equity- Control of monopoly and prevention
of unfair competition
•Growth- Increase in (GDP) and (GNP)
•Productivity- ability to create better outputs
•Section 2. All natural resources are owned by
the state (Regalian Theory)
ARTICLE XIII- SOCIAL JUSTICE AND
HUMAN RIGHTS
SOCIAL JUSTICE- Guarantee the equality of
opportunity in all fields of human endeavor
Section 4. Agrarian and natural resources
Reform
Section 9. Urban Land and Housing
Section 11. Promotion Health
Section 14. Women
Section 15. Organization
Section 17. Commission on Human Rights
Chairman and 4 members
Natural born, members of Bar
ARTICLE XIV- EDUCATION, SCIENCE AND
TECHNOLOGY, ARTS, CULTURE AND
SPORTS
Section 1. Right of every citizen to quality
education at all levels
•Free education up to High School
•Compulsory Elementary Education for all
children of school age
•Formal Education- DepEd
•Non- Formal Education- ALS, Distance
learning
•Section 3. Study of Constitution as part of
curricula
ARTICLE XIV- EDUCATION, SCIENCE AND
TECHNOLOGY, ARTS, CULTURE AND
SPORTS
•Optional Religious Instruction in Public
Elementary and High School
•Parents desire in writing
•Instructors designated or approved by
religious authorities where the children’s ward
belong
•No cost to government
•Exemption from taxes and duties of private
schools
•Academic freedom of Higher Institution
ARTICLE XIV- EDUCATION, SCIENCE AND
TECHNOLOGY, ARTS, CULTURE AND
SPORTS
•Role of Teachers in Education of the Youth
•Second Parents- Loco parentis
•Heart of Education System
•Contributors to nation building
•Section 6. Filipino as national language-
medium of instruction and official
communication
•Section 10- Science and Technology as
essential to national development and
progress
•Section 14- Arts and Culture
•Section 19. Sports
ARTICLE XV- THE FAMILY
Section 1. The family as the basic
unit/foundation of nation
FAMILY- group of persons united together by
marriage and blood
MARRIAGE- status of relation of man and
woman
ARTICLE XVI- GENERAL PROVISIONS
Section 1. Flag of the Philippines
Section 2. Name for the country, national
anthem, national seal
Section 3. The state may not be sued without
it’s consent
Section 4. Armed forces
Section 6. Police force
Section 11. mass media to Filipino Citizen
ARTICLE XVII- AMMENDMENTS OR
REVISION
Section 1. Amendment shall be proposed by:
•¾ vote by congress
•Constitutional convention
•People’s initiative (12% of registered voter)
•AMENDMENT- Change in some parts or
specific provision
•REVISION- Re-writing or substantial
changing in Constitution
•RATIFICATION- Direct approval by the
people to amendment or revision
ARTICLE XVIII- TRANSITORY PROVISION
Transitory Provision- Schedule and
ordinances to provide for the transition of old
government to new government.
Thank You…

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Constitution.pptx

  • 2. THE 1987 Constitution of the republic of the Philippines
  • 3. OFFICERS: President: Cecilia Munoz Palma Vice President: Ambrosio B. Padilla Floor Leader: Napoleon G. Rama Assistant Floor Leaders: Jose Calderon and Ahmad Domocao Alanto Ratified: February 2, 1987
  • 4. ARTICLE I- NATIONAL TERRITORY The Philippine Archipelago with all the islands and waters contained therein. ARCHIPELAGO- Greek Pelagos meaning SEA- Group of Islands DOMAINS: Areal- Air Territory Terrestrial- Land Territory Fluvial- Water
  • 5. UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS) 12 Nautical mile (19 km.) territorial sea 200 nautical mile Exclusive Economic Zone (EEZ) Other Territories: Seabed Subsoil Other submarine areas
  • 7. TERRITORIAL DISPUTES Spratlys/Scarborough Shoal- China, Taiwan, Vietnam, Malaysia Sabah- Malaysia
  • 8. ARTICLE II- DECLARATION OF PRINCIPLE AND STATE POLICIES Section 1- Democratic and Republican State. Sovereignty reside in the people. Democratic- Election Republican- Representative Sovereignty: Internal- The State can govern itself External- No other country can interfere with state affairs
  • 9. ARTICLE II- DECLARATION OF PRINCIPLE AND STATE POLICIES Section 2- Renunciation of war Aggressive Defensive Adopts generally accepted principle of international law INTERNATIONAL LAW- Rules and Principles that govern the relations of nations
  • 10. ARTICLE II- DECLARATION OF PRINCIPLE AND STATE POLICIES Section 3- Civilian authority is supreme over the military -President is the Commander-in-Chief Section 4- To serve and Protect the People MILITARY SERVICE- Compulsary and personal for the defense of the State CIVIL SERVICE- Any service to government, Encouraged and Personal
  • 11. ARTICLE II- DECLARATION OF PRINCIPLE AND STATE POLICIES Section 6- Separation of Church and State should be inviolable -Church should not interfere in purely political or temporal life matters. It’s concern is religious and moral matters. -State shall not have official religion -State shall not fund any religion -Freedom of Religion
  • 12. ARTICLE II- DECLARATION OF PRINCIPLE AND STATE POLICIES Section 7- Pursue Independent Foreign Policy -FOREIGN POLICY- Conduct of a State of it’s affairs with other State Section 8- Freedom from Nuclear weapons -Except when national interest warrants: -No production, storage or transit of Nuclear Weapon
  • 13. ARTICLE II- DECLARATION OF PRINCIPLE AND STATE POLICIES Section 11- Values the dignity of every person and guarantees full respect for human rights -Violation of Human Rights is violation of the Dignity of a person Section 12- Protect and strengthen family -Family- basic unit of society -Ban on abortion -No divorce -Crime against adultery and concubinage
  • 14. ARTICLE II- DECLARATION OF PRINCIPLE AND STATE POLICIES Section 25- Autonomy of local governments Section 26- Equal access to public service and prohibit Political Dynasties Section 28- Full public disclosure
  • 15. ARTICLE III- BILL OF RIGHTS BILL OF RIGHTS- Charter of Liberty Declaration and enumeration of person’s basic rights and privileges to protect from abuse of government and other individuals or group of individuals CLASSES: NATURAL RIGHTS- Given by God (Right to life, liberty, love) inalienable CONSTITUTIONAL- Right guaranteed by the constitution and cannot be taken by the law making body, alienable
  • 16. ARTICLE III- BILL OF RIGHTS STATUTORY- Additional rights granted by law. (right to minimum wage) CLASSIFICATION OF CONSTITUTIONAL RIGHTS Political- To participate in government (right to suffrage, citizenship and information on public concerns Civil- Enforced by law for the enjoyment of happiness (right to equal protection of law, against involuntary servitude, against imprisonment for non- payment of debt)
  • 17. ARTICLE III- BILL OF RIGHTS CLASSIFICATION OF CONSTITUTIONAL RIGHTS Social and Economic RIGHTS- to ensure economic security (right to property, just compensation, education) Accused- For protection of person accused of a crime (unreasonable seize and seizure, presumption of innocence, impartial and speedy trial, against inhuman punishment) Miranda Doctrine
  • 18. ARTICLE III- BILL OF RIGHTS Section 1- Due process of Law, Equal protection Procedural Due process- Follows right process Substantive- Jurisdiction and evidence Section 2- Right to be secure in their person, houses, papers against unreasonable searches, seizures Search Warrant- Order in writing, named in the people of the Philippines, signed by a judge Warrant of arrest- To arrest a person
  • 19. ARTICLE III- BILL OF RIGHTS Search and seizure without warrant: -consent or waiver -questionable contrabands in checkpoints -Law prohibited possession is in plain view -Routinary searches in customs Arrest without warrant: -Crime in presence (Citizen arrest) -Prisoner escaped from prison
  • 20. ARTICLE III- BILL OF RIGHTS Section 3- Privacy of communication Right of Privacy- Right to be left alone against undesired publicity, disclosure of communication and correspondence when public matter/security is not concerned (writ of habeas data) Section 4- No law shall be passed abridging freedom of speech, expression, press, assembly, and redress grievances Section 5- Religious Freedom Section 6- Liberty of abode
  • 21. ARTICLE III- BILL OF RIGHTS Section 7- Information on matters of public concern Section 8- Right to form unions, association and societies not contrary to law Section 9- private property shall not be taken without just compensation (Eminent domain) Section 11- Free access to courts and adequate legal assistance Section 12- Accused Right to information, against self incrimination and competent and independent counsel
  • 22. ARTICLE III- BILL OF RIGHTS Section 13. Right to bail Section 14. Right to presumption of innocence No person shall be compelled as a witness against himself (right to self incrimination) Section 22. No ex post facto bill of attainder shall be enacted Ex post facto- Bill for punishment after crime was committed Bill of attainder- Punishment without judicial trial
  • 23. ARTICLE IV- CITIZENSHIP CITIZENSHIP- membership of a person in a political society. CITIZEN- A person having the title of a citizen who enjoys civil and political rights and is protected by the state inside or outside the territory. ALIEN- A citizen of other country WAYS OF ACQUIRING CITIZENSHIP: Involuntary method- By birth (blood or place) Voluntary- By naturalization
  • 24. ARTICLE IV- CITIZENSHIP CITIZENSHIP BY BIRTH: Jus Sanguinis- By blood Jus Soli/Loci- By soil NATURALIZATION- An act of formally adopting a foreigner into the political body of the state and clothing him with the rights and privileges of a citizen. Judgment of the Court Direct act of Congress Administrative proceeding KINDS OF CITIZEN: Natural born Naturalized
  • 25. ARTICLE IV- CITIZENSHIP LOSS OF CITIZENSHIP: VOLUNTARILY •Naturalization in other country •Renunciation of citizenship •Oath of allegiance to constitution of other country INVOLUNTARY •Cancellation of certificate of naturalization by the court •Deserter of the armed forces in times of war REACQUISITION: •Naturalization •Repatriation- for deserters and marriage to alien •Direct act of Congress
  • 26. ARTICLE IV- CITIZENSHIP Section 5. Dual allegiance is inimical to national interest and shall be dealt with by law. DUAL ALLEGIANCE- Continued allegiance of a naturalized to his previous constitution/mother country DUAL CITIZENSHIP- Possession of two citizenship.
  • 27. ARTICLE V- SUFFRAGE Section 1. Suffrage may be exercized by all citizen unless otherwise disqualified by law SUFFRAGE- Right and obligation to vote of citizen (18 years of age, resident for one year and in the place to vote for 6 months) ELECTION- Choosing officials PLEBISCITE- Yes or no to proposed legislation that may affect local government units/ revision, amendment to constitution REFERENDUM- Submission of law or part for ratification or rejection of voting citizen INITIATIVE- People directly proposes or enacts law RECALL- Suspension of public official
  • 28. ARTICLE V- SUFFRAGE WHO SHALL NOT VOTE? •Sentenced criminals (disenfranchised) •Disloyal people to government •Insane or incompetent people declared by competent authority Section 2. Congress shall provide system for securing the secrecy and sanctity of ballot, procedure for illiterates and absentee voting
  • 29. ARTICLE VI- LEGISLATIVE DEPARTMENT Section 1. The legislative power shall be vested in the Congress of the Philippines LEGISLATIVE POWER- Power to create, alter or repeal a law Bicameralism/Double-Chamber •Upper House- Senate •Lower House- House of representatives Section 2. The SENATE •24 senators •Natural born •35 years old •Able to read and write •Registered voter •Resident for two years •TERM: Six years/2 consecutive terms
  • 30. ARTICLE VI- LEGISLATIVE DEPARTMENT Section 5. House of Representatives •250 members •Party list is 20% •Natural born •25 years old •Able to read and write •Registered voter in his legislative district •Resident of his legislative district for 1 year •3 years and 3 consecutive terms •ELECTION: •Regular- Second Monday of may •Special- in terms of vacancy •Immunity to cases with 6 years below sentence while house is in session
  • 31. ARTICLE VI- LEGISLATIVE DEPARTMENT ELECTORAL TRIBUNAL: •Judge of electoral contests •3 SC Justices •6 members of Senate/Congress •Senior Justice is Chairman COMMISSION ON APPOINTMENT: •Senate Pres- Ex officio (not voting except in a tie) Chairman •Six senators •Six congressmen Section 23. Joint session with 2/3 vote each (Congress shall have the sole power to declare the existence of war)
  • 32. ARTICLE VI- LEGISLATIVE DEPARTMENT CHECK: Legislative: Veto a Bill- Override a vetoed Bill (3/4 vote) Judiciary- Declare a bill or parts thereof unconstitutional Section 24. All appropriations shall come from the house of Representatives Hodge-podge or log-rolling legislation- Several subjects in one bill
  • 33. ARTICLE VII- EXECUTIVE DEPARTMENT Section 1. The executive power shall be vested in the President of the Philippines EXECUTIVE POWER- Power to administer law. Qualifications of Pres and VP: •Natural Born •Registered voter •Able to read and write •40 years old •Resident for 10 years •No reelection for Pres •One reelection for VP •No reelection for Pres successor who served for four years and above
  • 34. ARTICLE VII- EXECUTIVE DEPARTMENT Section 18. The writ of habeas corpus may only be suspended or put the Philippines or any part thereof for a period not exceeding sixty days unless extended by congress. Must only be suspended at times of rebellion, invasion or public service require it. PARDONING POWER: •Reprieve- postponement of sentence •Commutation- reduction of sentence •Pardon- act of grace, total forgiveness •Parole- Freedom without finishing sentence •Amnesty- Mass granting of freedom (with concurrence of Congress)
  • 35. ARTICLE VIII- JUDICIAL DEPARTMENT Section 1. The judicial power shall be vested in one supreme court and lower courts established by law. JUDICIAL POWER- Power and duty of courts of justice to interpret and apply laws. •Scope: •Adjudicatory power- To settle controversies •Judicial review- interpret constitution •Incidental power- Power to infer punishment
  • 36. ARTICLE VIII- JUDICIAL DEPARTMENT Supreme Court- Chief Justice and 14 Associate Justices Qualifications: natural born, 40 years old, 15 years judge of lower court or in practice Court of Appeals- 69 justices with 1 Presiding Justice Regional Trial Court- 720 Trial Judges Metropolitan Courts Special Courts Sandiganbayan- 14 justices and 1 presiding justice Court of tax appeals- 5 justices and 1 presiding justice
  • 37. ARTICLE VIII- JUDICIAL DEPARTMENT JURISDICTION OF SUPREME COURT •Certiorari- Writ to transmit records to higher court for review •Prohibition- Command to a lower court, corporation, board or person to desist from proceeding to action or matter •Mandamus- Ordering a certain act to be done •Quo Warranto- Recover an office or franchise from persons or corporations unlawfully holding it.
  • 38. ARTICLE IX- CONSTITUTIONAL COMMISSION Civil Service Commission, Commission on Elections and Commission on Audit CIVIL SERVICE COMMISSION •Chairman and two commissioner •Natural born, 35 years old and not a candidate for election preceding appointment •Chairman- Seven years •Commissioner- Five years •Commissioner- Three years •CIVIL SERVICE- Professionalized men and women who made government service a lifetime career
  • 39. ARTICLE IX- CONSTITUTIONAL COMMISSION Commission on Elections •One chairman and six commissioners •Natural born •35 years old •Holder of college degree •Not a candidate for election preceding appointment •TERM: Chairman for seven years, Three members for 7 years, two members for five years and and the last for 3 years without reappointment
  • 40. ARTICLE IX- CONSTITUTIONAL COMMISSION Commission on Audit •One chairman and two commissioners •Natural born •35 years old •CPA or member of Philippine BAR and is in practice for ten years •Chairman-7 years •One commissioner for 5 years •One for three years •No reappointment
  • 41. ARTICLE X- LOCAL GOVERNMENT Section 1. Territorial divisions are provinces, cities, municipalities and barangays. Autonomous Region in Mindanao and Cordilleras LOCAL GOVERNMENT- political subdivision with a control of local affairs Section 2. Enjoy local autonomy LOCAL AUTONOMY- exercise of basic powers (police, taxation and eminent domain) DECENTRALIZATION- transfer of basic powers from national to local governments
  • 42. ARTICLE XI- ACCOUNTABILITY OF PUBLIC OFFICERS Section 1. Public Office is public trust PUBLIC OFFICE- Public position Employee- Holds clerical position Officer- Holds managerial and executive functions Section 2. Impeachment for President, VP, Members of Supreme Court, Members of Constitutional Commission and Ombudsman (Tanod Bayan) Grounds: •Violation of constitution, treason, bribery, graft and corruption, high crimes, betrayal of public trust
  • 43. ARTICLE XI- ACCOUNTABILITY OF PUBLIC OFFICERS Impeachment- Senate as quasi court to decide on the inquest of the conduct of public men Section 3. Senate shall have the sole power to try and decide cases of impeachment Two thirds vote of the senate with the Senate President to preside When the President is on trial, the Chief Justice shall Preside but not vote
  • 44. ARTICLE XI- ACCOUNTABILITY OF PUBLIC OFFICERS Sandiganbayan- Anti graft court Ombudsman- Tanodbayan Section 15. Right of the State to recover ill- gotten wealth
  • 45. ARTICLE XII- NATIONAL ECONOMY AND PATRIMONY Section 1. Equitable distribution of opportunities, income and wealth, promote industrialization and full employment THREE-FOLD GOALS OF NATIONAL ECONOMY: •Equity- Control of monopoly and prevention of unfair competition •Growth- Increase in (GDP) and (GNP) •Productivity- ability to create better outputs •Section 2. All natural resources are owned by the state (Regalian Theory)
  • 46. ARTICLE XIII- SOCIAL JUSTICE AND HUMAN RIGHTS SOCIAL JUSTICE- Guarantee the equality of opportunity in all fields of human endeavor Section 4. Agrarian and natural resources Reform Section 9. Urban Land and Housing Section 11. Promotion Health Section 14. Women Section 15. Organization Section 17. Commission on Human Rights Chairman and 4 members Natural born, members of Bar
  • 47. ARTICLE XIV- EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS Section 1. Right of every citizen to quality education at all levels •Free education up to High School •Compulsory Elementary Education for all children of school age •Formal Education- DepEd •Non- Formal Education- ALS, Distance learning •Section 3. Study of Constitution as part of curricula
  • 48. ARTICLE XIV- EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS •Optional Religious Instruction in Public Elementary and High School •Parents desire in writing •Instructors designated or approved by religious authorities where the children’s ward belong •No cost to government •Exemption from taxes and duties of private schools •Academic freedom of Higher Institution
  • 49. ARTICLE XIV- EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS •Role of Teachers in Education of the Youth •Second Parents- Loco parentis •Heart of Education System •Contributors to nation building •Section 6. Filipino as national language- medium of instruction and official communication •Section 10- Science and Technology as essential to national development and progress •Section 14- Arts and Culture •Section 19. Sports
  • 50. ARTICLE XV- THE FAMILY Section 1. The family as the basic unit/foundation of nation FAMILY- group of persons united together by marriage and blood MARRIAGE- status of relation of man and woman
  • 51. ARTICLE XVI- GENERAL PROVISIONS Section 1. Flag of the Philippines Section 2. Name for the country, national anthem, national seal Section 3. The state may not be sued without it’s consent Section 4. Armed forces Section 6. Police force Section 11. mass media to Filipino Citizen
  • 52. ARTICLE XVII- AMMENDMENTS OR REVISION Section 1. Amendment shall be proposed by: •¾ vote by congress •Constitutional convention •People’s initiative (12% of registered voter) •AMENDMENT- Change in some parts or specific provision •REVISION- Re-writing or substantial changing in Constitution •RATIFICATION- Direct approval by the people to amendment or revision
  • 53. ARTICLE XVIII- TRANSITORY PROVISION Transitory Provision- Schedule and ordinances to provide for the transition of old government to new government.