UNIT III.

The 1987
Philippine
Constitution
Discussants

Michael A. Escaño Kent Denver T. Guarin

Jayvi A. Domingo Kyla Mae F. De Jesus
Kim Danica E. Miguel Mary Grace D. Diola
Aries M. Basangan
 "
—SOMEONE FAMOUS
CANS – TETU - SHONE

CONSTITUTION
BELL OFF RITES
BILL OF RIGHTS
 SUP REYG
SUFFRAGE
ESEC – CUE - THIEVE
EXECUTIVE
LAY – GIST – LAY - THIEF
LEGISLATIVE
JODE – DISH - SHALL
JUDICIAL
 OBJECTIVES
At the end of the lesson, the students should be able to:

● Identify and explain the meaning, importance of constitution.

● Analyzing the contents/provisions/ articles of the present constitution.
● Identify and familiarize with the different terminologies and conditions in
our constitution.
● Make an analysis of the contents and terms used in the present
constitution.
● Create a sense of responsibility as a citizen of the country.
● Establish a sense of belongingness, truth, justice, freedom, love, equality,
and unity among Filipinos.
 CONTENT
A B C

HISTORY AND BILLS OF RIGHTS SUFFRAGE

EVOLUTION OF THE
1987 PHILIPPINE
CONSTITUTION

D E F

EXECUTIVE LEGISLATIVE JUDICIAL

DEPARTMENT DEPARTMENT DEPARMENT
EVOLUTION OF
THE PHILIPPINE
CONSTITUTION
(Part 1)
 OBJECTIVES

At the end of the lesson, the students should be able to:

● Recall the six constitutions of the Philippines since the
proclamation of Independence on June 12, 1898.
● Arrange the six constitutions of the Philippines in a
chronological order.
● Compare the six constitutions of the Philippines.
 CONTENT
A B C

DEFINITION OF BRIEF HISTORICAL 1899 MALOLOS

CONSTITUTION EVENTS BEFORE CONSTITUTION
AND ITS THE
IMPORTANCE ESTABLISHMENT
OF 1899 MALOLOS
CONSTITUTION
D E F

WHAT HAPPENED 1935 CONSTITUTION 1943 CONSTITUTION

BETWEEN 1902 TO (LEGAL BASIS OF (JAPANESE-
1934? COMMONWEALTH SPONSORSED
GOVERNMENT) SECOND REPUBLIC
OF THE
PHILIPPINES
CONSTITUTION
a set of rules that guides how
a country, state, or other
political organization works
CONSTITUTION IS LIKE A RULE BOOK

● BRANCHES
● POWERS
● RESPONSIBILITIES
● RIGHTS OF PEOPLE
 “
“This is a quote, words full of wisdom that someone
important said and can make the reader get inspired.”

—SOMEONE FAMOUS
 IMPORTANCE OF CONSTITUTION

● Maintain Law and Order

● Impose Rules and Regulations
● Protects Individual Rights and Freedom
● Limit the Power of the Government
Brief Historical Events before the Establishment of
Malolos Constitution of 1899
Philippines under
Exile of Aguinaldo
Spaniards

01 02 03 04

Declaration of Philippine
Filipino-Spanish Truce Independence
(June 12, 1898)
Brief Historical Events before the Establishment of
Malolos Constitution of 1899
US-Spain Secret Malolos Republic
Agreement (First Philipine Republic)

05 06 07 04

Malolos Constitution
TIMELINE OF PHILIPPINE CONSTITUTION

1899 Constitution

1935 Constitution

1943 Constitution
1899 MALOLOS
CONSTITUTION
01. 03.
UNICAMERAL
LEGISLATOR BILL OF RIGHTS

02. 04.
SEPARATION OF CHURCH COMPULSORY AND FREE BASIC
AND STATE EDUCATION
 What Happened between 1902 to 1934?

PHILIPPINE ORGANIC ACT

OF 1902 Philippine Independence Act 1934
The Act mandated the
The Establishment of Philippine Legislature to form a
Philippine Constitutional Convention by
Assembly composed of Filipino means of Election of Delegates
Citizens.

PHILIPPINE AUTONOMY ACT

OF 1916 The 1934 Constitutional
Convention
The First Pledge of Philippine The Constitutional Convention
Independence. The Philippine draft the Constitution for the
Organic Act of 1902 and the Philippines and finished its
Philippine Autonomy Act of 1916 work on February 08, 1935.
served as Constitutions of the
Philippines from 1902 to 1935
1935
CONSITUTION
COMMONWEALTH
GOVERNMENT
01. 03.
BICAMERAL
LEGISLATOR RIGHT TO SUFFRAGE

02. 04.
4-YEAR TERM OF THE PRESIDENT AN INDEPENDENT JUDICIARY
(SUBJECT TO ONE RE-ELECTION
1943
CONSTITUTION
Japanese-sponsored
Second Republic of The Philippines
KALIBAPI
STRONG EXECUTIVE UNICAMERAL
POWER LEGISLATOR
 INTRODUCTION

Every state has had a constitution of some kind whether it be an elaborate

document or just a collection of rules. It is inconceivable how a state could exist or
survive without a constitution of some form. The foundation of the system of
government of the Philippines is the constitution.

Constitution defined: “Constitution is a written instrument (document) by which the

fundamental powers of government are established, limited, and defined, and by
which these powers are distributed among several departments for their safe and
useful exercise for the benefit of the body politic
 NATURE AND PURPOSES
Nature and Purposes 1. Serves as the supreme or fundamental law.
Nature and Purposes 2. Establishes the basic framework and underlying principles of government.

Constitution of the Republic of the Philippines

1) The 1935 Constitution- Ratified on May 14, 1935

Features: a) Established the Commonwealth Government. b) Provided a Democratic and Republican government c)
Inclusion of the Bill of Rights

2) The 1973 Constitution- Ratified on January 17, 1973

Features: a) Establishment of a modified parliamentary government. b) Suspension of the Bill of Rights. c) Has given
greater power to the Executive Department.

3) The 1987 Constitution- Ratified on February 2, 1987

Features: a) Reinstitution of a Democratic Government. b) Separation of Church and State. c) Sovereignty of the people.
d) Renunciation of war as a national policy. e) Supremacy of Civilian authority over the military. f) Separation of Powers
 The 1935 Constitution resumed being in force when the
Philippines were liberated in 1945. Up until 1947, when the
Philippine Congress demanded its amendment through
Commonwealth Act No. 733, the Constitution remained
unchanged. The Parity Amendment, which went into effect on
March 11, 1947, allowed Americans and Filipinos the same
rights to use the nation's natural resources and run public
services. After then, the Constitution remained unchanged
until martial law was proclaimed on September 23, 1972.
 A Constitutional Convention was already deliberating on
altering or updating the 1935 Constitution before President
Marcos proclaimed Martial Law. On December 1, 1972, they
completed their task and delivered it to President Marcos.

It was put out for ratification by President Marcos at the

start of 1973. Knowing that ratifying the constitution directly
would be unsuccessful, Marcos issued Presidential Decree No.
86, s. establishing people assembly in 1972, replacing secret
ballots with Viva Voce votes to ratify the newly drafted
constitution. On January 17, 1973, Marcos said that it had
been ratified and was in full force and effect.
 The 1973 Constitution had been "ratified" in this way, yet
there was still hostility to it. In his dissenting opinion in the
case of Javellana v. Executive Secretary, Chief Justice Roberto
V. Concepcion revealed the fraud that took place during the
citizen's assembly's adoption of the 1973 Constitution on
January 10–15, 1973. However, the eventual ruling in this
case was that the 1973 Constitution's ratification was
legitimate and in effect.
 In 1986, once democracy had been restored, President
Corazon C. Aquino issued Proclamation No. 3 suspending
some aspects of the 1973 Constitution and promulgating a
temporary constitution in its place. Proclamation No. 9 was
made public by President Aquino a month later. A
Constitutional Commission was established in 1986 with the
responsibility of revising the 1973 Constitution. The
commission completed its job at 12:28 in the morning. on 16
October 1986. On February 2, 1987, a national referendum
was held to approve the new constitution.
 President Aquino announced the official canvassing of
results and the acceptance of the draft constitution on
February 11, 1987, under Proclamation No. 58. That same
day, the President, senior civilian leaders, and members of the
armed forces took oaths of loyalty to the new constitution,
bringing it fully into existence.
BILL OF
RIGHTS
 ARTICLE III
BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty, or property without
due process of law, nor shall any person be denied the equal protection of
the laws.

Section 2. The right of the people to be secure in their persons, houses,

papers, and effects against unreasonable searches and seizures of
whatever nature and for any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things
to be seized.
 ARTICLE III
BILL OF RIGHTS
Section 3. (1) The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court, or when public safety or
order requires otherwise, as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section

shall be inadmissible for any purpose in any proceeding.
Section 4. No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably to
assemble and petition the government for redress of grievances.
 ARTICLE III
BILL OF RIGHTS
Section 5. No law shall be made respecting an establishment of religion,
or prohibiting the free exercise thereof. The free exercise and enjoyment
of religious profession and worship, without discrimination or preference,
shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.

Section 6. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the
court. Neither shall the right to travel be impaired except in the interest of
national security, public safety, or public health, as may be provided by
law.
 ARTICLE III
BILL OF RIGHTS
Section 7. The right of the people to information on matters of public concern
shall be recognized. Access to official records, and to documents and papers
pertaining to official acts, transactions, or decisions, as well as to government
research data used as basis for policy development, shall be afforded the
citizen, subject to such limitations as may be provided by law.

Section 8. The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not
contrary to law shall not be abridged.

Section 9. Private property shall not be taken for public use without just
compensation.
 ARTICLE III
BILL OF RIGHTS
Section 10. No law impairing the obligation of contracts shall be passed.

Section 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.

Section 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 to
have competent and independent counsel preferably of his own choice. If the
person cannot afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the presence of
counsel.
 ARTICLE III
BILL OF RIGHTS
(2) No torture, force, violence, threat, intimidation, or any other means
which vitiate the free will shall be used against him. Secret detention
places, solitary, incommunicado, or other similar forms of detention are
prohibited.

(3) Any confession or admission obtained in violation of this or Section

17 hereof shall be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of
this section as well as compensation to and rehabilitation of victims of
torture or similar practices, and their families.
 ARTICLE III
BILL OF RIGHTS
Section 13. All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before
conviction, be bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to bail shall not be
impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.
BILL OF RIGHTS
(Section 14-22)
 SECTION 14
Section 14. (1) No person shall be held to answer for a
criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved, and
FOCUS: shall enjoy the right to be heard by himself and
CONSTITUTIONAL counsel, to be informed of the nature and cause of the
RIGHTS OF THE accusation against him, to have a speedy, impartial,
ACCUSED and public trial, to meet the witnesses face to face, and
to have compulsory process to secure the attendance
of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided
that he has been duly notified and his failure to appear
is unjustifiable.
 SECTION 15
The privilege of the writ of habeas corpus
shall not be suspended except in cases of
invasion or rebellion when the public safety
requires it.
FOCUS: HEBEAS The literal meaning of habeas corpus is "You shall
CORPUS have the body"—that is, the judge must have the
person charged with a crime brought into the
courtroom to hear what he's been charged with. 
 SECTION 16
All persons shall have the right
to a speedy disposition of their
cases before all judicial, quasi-
FOCUS: RIGHT TO judicial, or administrative
SPEEDY DISPOSITION
OF CASES bodies.
 SECTION 17
No person shall be compelled
to be a witness against himself.
Self-Incrimination: the constitutional right of a person
FOCUS: RIGHT
to refuse to answer questions or otherwise give
AGAINST SELF-
testimony against himself or herself which will
INCRIMINATION
subject him or her to an incrimination.
 SECTION 18
(1) No person shall be detained solely by reason
of his political beliefs and aspirations.
(2) No involuntary servitude in any form shall
exist except as a punishment for a crime whereof
FOCUS: NON-DETENTION BY
the party shall have been duly convicted.
REASON OF POLITICAL
BELIEFS OR ASPIRATIONS Involuntary servitude means a condition of servitude induced
INVOLUNTARY SERVITUDE by means of any scheme, plan, or pattern intended to cause a
person to believe that if the person did not enter into or
continue in such condition, that person or another person
would suffer serious harm or physical restraint or the
threatened abuse of legal process.
 SECTION 19
(1) Excessive fines shall not be imposed, nor cruel, degrading
or inhuman punishment inflicted. Neither shall the death
penalty be imposed, unless, for compelling reasons involving
heinous crimes, the Congress hereafter provides for it. Any
death penalty already imposed shall be reduced to reclusion
perpetua.
FOCUS: PROHIBITED (2) The employment of physical, psychological, or degrading
PUNISHMENTS punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman
conditions shall be dealt with by law.

“Reclusion perpetua,” or “permanent imprisonment,” is a crime

sentence similar to life imprisonment. It is used in the Philippines. A
person sentenced to reclusion perpetua must serve a jail term of at
least 30 years and face additional penalties.
 SECTION 20
No person shall be imprisoned for
debt or non-payment of a poll tax.
Poll tax - a specific sum levied upon every person belonging
FOCUS: NON- to a certain class without regard to his property or
occupation.
IMPRISONMENT FOR
DEBTS
 SECTION 21
No person shall be twice put in
jeopardy of punishment for the same
offense. If an act is punished by a
law and an ordinance, conviction or
FOCUS: RIGHT
AGAINST DOUBLE acquittal under either shall constitute
JEOPARDY a bar to another prosecution for the
same act.
 SECTION 22
No ex post facto law or bill of
attainder shall be enacted.
‘Ex Post Facto Law’ is a type of law that makes
FOCUS: EX POST FACTO
criminal an act done before the passage of the law and
LAW AND BILL OF
ATTAINDER which was innocent when done, and punishes such an
act.
Bill of Attainder - is a legislative act which inflicts
punishment without judicial trial. If the punishment
be less than death, the act is termed a bill of pains and
penalties."
SUFFRAGE
“Universal suffrage is the right for all citizens to vote in public elections
or referendums. Everyone can vote regardless of sex, income, status,
religion, political belief, or ethnicity” - (Rei Publicae, 2022)
 SECTION 1
Qualifications of Voters
Suffrage may be exercised by all citizens of
1. Citizen of the Philippines the Philippines not otherwise disqualified by
law, who are at least eighteen years of age,
2. Not disqualified by law
and who shall have resided in the Philippines
3. 18 years of age for at least one year, and in the place wherein
they propose to vote, for at least six months
4. Resided in the Philippines at
least one year and in the place immediately preceding the election. No
wherein he proposes to vote for literacy, property, or other substantive
at least months before the requirement shall be imposed on the exercise
election. of suffrage.
   Disqualifications. - The following shall be disqualified from voting:
[1] Any person sentenced by final judgment to suffer imprisonment for not less
than one year (unless granted a plenary pardon or an amnesty); but right is
reacquired upon the expiration of 5 years after service of sentence.

[2] Any person adjudged by final judgment of having committed any crime
involving disloyalty to the government or any crime against national security
(unless restored to full civil and political rights in accordance with law); but right
is reacquired upon the expiration of 5 years after service of sentence.

[3] Insane or incompetent persons as declared by competent authority. (Sec. 118,

BP 881)
 SECTION 1
Suffrage may be exercised by all citizens of
the Philippines not otherwise disqualified by
1. Property law, who are at least eighteen years of age,
Requirement is and who shall have resided in the Philippines
prohibited. for at least one year, and in the place wherein
they propose to vote, for at least six months
2. Literacy Requirement immediately preceding the election. No
is prohibited. literacy, property, or other substantive
requirement shall be imposed on the exercise
of suffrage.
 SECTION 2
1. System for securing The Congress shall provide a system for securing
the secrecy and sanctity the secrecy and sanctity of the ballot as well as a
of the ballot. system for absentee voting by qualified Filipinos
abroad.
2. System for absentee The Congress shall also design a procedure for the
voters. disabled and the illiterates to vote without the
assistance of other persons. Until then, they shall
3. Procedure for the be allowed to vote under existing laws and such
disabled and the rules as the Commission on Elections may
promulgate to protect the secrecy of the ballot.
illiterates to vote.
 EXECUTIVE DEPARMENT
● Article VII, Section 1, of the 1987 Constitution vests executive power on the
PRESIDENT of the Philippines. 

● Is composed of the President and the Vice President who are elected by direct popular
vote and serve a term of six years. The Constitution grants the President authority to
appoint his Cabinet. These departments form a large portion of the country’s
bureaucracy.
ROLES OF THE EXECUTIVE BRANCH
• Head of Government

• Head of State

• Commander in Chief

• Chief Diplomat

• Chief “Legislator”
THE PRESIDENT OF THE PHILIPPINES

QUALIFICATIONS

The qualifications for an individual aspiring to

become the President of the Philippines are outlined
in Article VII, Section 2 of the 1987 Constitution. 

• natural born Filipino;

• a registered voter;
• must be able to read and write;
• 40 years of age at the day of the election; and
• must have resided in the Philippines ten years before
the election is held.
HISTORY OF THE PRESIDENT OF THE
PHILIPPINES
POWERS OF THE PRESIDENT
Besides the constitution, the powers of the President of the
Philippines are specifically outlined in 
Executive Order No. 292, s. 1987. The following powers
are:

1. Power of control over the executive branch

2. Power ordinance power
A. Executive Orders
B. Administrative Orders
C. Proclamations
D. Memorandum Orders
E. Memorandum Circulars
F. General or Special Orders
3. Power over Aliens
4.  Powers of eminent domain, escheat, land reservation and recovery of ill-
gotten wealth
5. Power of Appointment
6. Power of general supervision over local governments
 LINE OF SUCCESSION

VICE PRESIDENT
 in cases of the death, disability, or
resignation of the President.

SENATE PRESIDENT
in cases of the death, disability, or resignation
of the President and Vice President.
SPEAKER OF THE HOUSE OF
REPRESENTATIVES
 in cases of the death, disability, or
resignation of the President, Vice
President, and Senate President.
VICE PRESIDENT OF THE PHILIPPINES
The qualifications for aspirants to the Office of the Vice
President is outlined in Article VII, Section 3. According to
the constitution, the qualifications for the President is the
same for the Vice President.

QUALIFICATIONS

• natural born Filipino;

• a registered voter;
• must be able to read and write;
• 40 years of age at the day of the election; and
• must have resided in the Philippines ten
years before the election is held.
HISTORY OF THE VICE PRESIDENT OF
THE PHILIPPINES
 CABINET SECRETARIES
Cabinet secretaries act as the alter ego of the President executing, with his authority, the power of
the Office of the President in their respective departments.

APPOINTMENT OF CABINET SECRETARIES

 Executive Secretary  Secretary of Labor and Employment

 Secretary of Agrarian Reform  Secretary of National Defense
 Secretary of Agriculture  Secretary of Public Works and Highways
 Secretary of Budget and Management  Secretary of Science and Technology
 Secretary of Education  Secretary of Social Welfare and Development
 Secretary of Energy  Secretary of the Interior and Local Government
 Secretary of Environment and Natural  Secretary of Trade and Industry
Resources  Secretary of Transportation and Communications
 Secretary of Finance  Secretary of Tourism
 Secretary of Foreign Affairs  Commission on Higher Education
 Secretary of Health  Director General of the National Economic and
 Secretary of Justice Development Authority
LOCAL GOVERNMENTS
The executive branch extends beyond the national
government. According to Article X, Section 4 of the
constitution, the President of the Philippines is
mandated to supervise local governments all over
the country. However, because of 
Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, local
governments enjoy relative autonomy from the
national government.
 LOCAL GOVERNMENT
Each local government has its own chief executive.
The following is the list of local chief executives:

barangay — punong barangay (barangay chairman)

municipality — municipal mayor
city — city mayor
province — provincial governor

TERM LIMITS

The offices of the abovementioned local chief executives are limited to three
consecutive three-year terms. Once they end their third term, they may not
run for reelection, but may run again once they let one term pass.
Judicial
Department
The Constitution expressly grants the Supreme Court the power of Judicial
Review as the power to declare a treaty, international or executive agreement,
law, presidential decree, proclamation, order, instruction, ordinance or
regulation unconstitutional.

Judicial power rests with the Supreme Court and the lower courts, as
established by law (Art. VIII, sec. 1 of the 1987 Constitution). Its dutyis to
settle actual controversies involving rights which are legally demandable and
enforceable (Art. VIII Sec.1 (2)).
The judiciary enjoys fiscal autonomy. Its
appropriation may not be reduced by the
Legislature below the appropriated amount the
previous year (Art. VIII, Sec. 3).
 Role of Judiciary

-To interpret and define law

- This involves individual cases and deciding how the law should apply

Power of Judiciary

-Settling legal controversies

- Determining whether there has been grave abuse of discretion amounting to
lack or excess of jurisdiction by any branch of government.
 Scope of Judicial Power

Adjucating Power
- The power to settle disputes.
Power of Judicial Review
- Refers to the power of the supreme court to interpret and make judgements
with respect to the law.
Incidental powers
- Power necessary for the discharge of the judicial function.
 The Supreme Court

Has a Chief Justice and Fourteen Associate Justices, all appointed by the
president on the recommendation of the Judicial and Bar Council

Qualifications:

-Natural-born Philippine Citizen

-At least 40 years old
-At least 15years experience of bein judge at the lower court or engaged in the
practice of the law person of proven competence, integrity, probity and
independence
 Classes of Court

- Lower Courts
- -Court of Appeal
- -Sandiganbayan
- -Court of Tax Appeals

- Regional Trial Courts

- -Metropolitan Trial Courts
- -Municipal Trial Courts
- -Municipal Trial Courts in Cities
- -Municipal Circuit Trial Courts

- Shari'a District Courts

 According to the 1987 Constitution, Article VIII, Section 5,
the Supreme Court exercises the following powers:

1. Exercise jurisdiction over cases affecting ambassadors, other public ministers and consuls, and
over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

2. Review, revise, reverse, modify, or affirm, on appeal or certiorari, as the law or the Rules of
Court may provide, final judgments and orders of the lower courts.

3. Assign temporarily judges of lower courts to other stations as public interest may require. Such
temporary assignments shall not exceed six months without the consent of the judge
concerned.

4. Order a change of venue or place of trial to avoid a miscarriage of justice.

 According to the 1987 Constitution, Article VIII, Section 5,
the Supreme Court exercises the following powers:

5. Promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
practice, and procedure in all courts; the admission to the practice of law, the Integrated Bar;
and legal assistance to the underprivileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts the
same grade, and shall not diminish, increase or modify substantive rights. Rules of procedure
of special courts and quasi-judicial bodies shall remain effective unless disapproved by the
Supreme Court.

6. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law
(Sec. 5 , id.).