Law REPORT 1987 Constitution
Law REPORT 1987 Constitution
The 1987
Philippine
Constitution
Discussants
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:
D E F
● 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
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?
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
Features: a) Established the Commonwealth Government. b) Provided a Democratic and Republican government c)
Inclusion of the Bill of Rights
Features: a) Establishment of a modified parliamentary government. b) Suspension of the Bill of Rights. c) Has given
greater power to the Executive Department.
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.
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.
(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.
[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.
● 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
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
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
Power of Judiciary
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:
- Lower Courts
- -Court of Appeal
- -Sandiganbayan
- -Court of Tax Appeals
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.
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.).