Summary of Philippine Constitution (chapter by chapter)

Article I: National Territory

Components of the National Territory of the Philippines
1.
Philippine Archipelago with all the islands (7,107 Islands) with the aerial territory.
2.
All other territory which the Philippines has sovereignty and jurisdiction.
3.
Terrestrial, aerial, fluidal domain (waters) including the seabed, sub soil, insularshelves, territorial sea and sub
marine areas.
4.
Internal Water of the Philippines.
Waters
1.
External Water- water that surrounds the Philippines.
2.
Internal Water- water that can be located in lands such as the lake, rivers, etc
3.
International Water (Open Sea)- portion of the earths water wherein no state takes it a part of its territory such as
the Pacific Ocean.
Other Areas Included in Philippine Archipelago
1.
Territorial Sea- 12 Nautical miles from the shore line. Known as marginal sea, marginal belt, marine belt.
2.
Seabed- land that holds the sea including the minerals and natural resources.
3.
Subsoil- everything beneath the surface soil and sea bed including the minerals and natural resources.
4.
Insular Shelves

The Philippines being an archipelago is using the Archipelago Doctrine in determining its territorial sea. By using
this doctrine, Philippines should be regarded as a one single unit instead of islands. From the sea shores of the
Philippines, we measure 12 Nautical Miles to determine its territorial sea.
Additional to it, during the time of President Marcos, he made a Law which talks about the Exclusive Economic Zone
which is 200 Nautical Miles from the sea shore of Philippines. Meaning, 200 Nautical Miles from the sea shore of the
Philippines is part of the territorial sea of the Philippines.

ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICIES

Republican Government- democratic government by representation chosen by the people at large.
Philippines Government- is a republican democracy, which features the characteristics of a democracy such as initiative
and referendum. It adapts international law.
Manifestation of a Democratic and Republican State
1.
The Existence of a Bill of Rights
2.
The observance of the Rule of the Majority
3.
The observance of the principle that ours is a government of Laws and not of men.
4.
The presence of election through popular will
5.
The Observance of the principle of separation of powers and the system of checks and balances
6.
The observance of the principle that the legislation cannot pass irrepealable laws
7.
The observance of the law on Public officers
8.
The observance of the principle that a state cannot be sued without its consent.
Sovereignty of the people
1.
Exercised indirectly through public officials- people choose who will represent them.

2.

Exercised directly through suffrage- by voting/choosing who will sit in a certain position in the government (election).

Adoption of the International Law as part of the Philippine Law

1.
When international usage to be applied- when absence of a treaty between two country, International Law must be
used to judge the certain case.
2.
A treaty has the force of a statute
3.
Constitution prevails over a treaty- when a certain treaty violates the constitution, it is considered to be null and
void.
Existence of war- may be declared only by the congress. At least two-thirds vote of the representatives is needed in both
houses. Philippine Government may only declare a defensive war.
Military and Civil Service by the People
1.
Defense of the State performed through an army- people are required to defend the state against any possible
invasion.
2.
Compulsory
3.
Civil Service
4.
Personal- must be done personally
5.
By law
Principle of Separation of Church and state- states that the religion and state must be separated. Meaning the
government cannot give any budget to build or to support a religion.

Article III: Bill of Rights

Bill of Rights- declaration and enumeration of the individual rights and privileges which the constitution had designed to
protect against violation of the Government or by individual or group of individuals.
Classes of Right
1. Natural Rights- right of each individual without being granted by the state.
2. Constitutional Rights- rights that are being stated in the Constitution.
3. Statutory Rights- rights that are being given by a certain statute.
Classification of the Constitutional Rights
1. Political Rights- power to participate.
2. Civil Rights- right of someone to enjoy their means of happiness
3. Social and Economic Rights- security of their well-being and economic security of each individual.
4. Rights of the Accused- right being made intended to those being accused.
Some of the Rights Stated in Article III
1. Right of life- right to choose freely.
2. Right to own a property- it is the right of an individual to own a property without any threat being
faced. The government should not confiscate anything that an individual owns without the due
process of law.
Eminent Domain- it is the power of the government to acquire any private property provided that the acquiring of the
property is intended for the use of the Public and there is a due process of law that had undergo between the Government
and Private property owner.
3. Right of Liberty- it is the right of an individual to go anywhere he likes.
4. Right to be secured from any unreasonable searches and seizures- it is the right of an individual to be safeguarded
from any searches and seizures being made in his house, documents and property without a search warrant or a warrant
of arrest.

Warrant of Arrest- an order in writing signed by a judge stating that a person should be arrested.
Search Warrant- an order in writing signed by a judge stating for a search for a something.
5. Right of Privacy- it is the right to be left alone.
6. Right of Speech and expression of ideas- individual right which is to be used to express emotion, ideas about a
certain issue or anything provided that there is no violation of anyones right and does not put in danger the Government.
7. Right to choose freely a Religion-There is a clear separation of the Government and the church. So it is given that
any individual has the right to choose his religion and follow its practices without the violation of the law.
8. Right to form a Union, Association or Societies.
9. Right to Assembly
10. Right to Petition
Some of the Rights given to the accused
11. Right to have a free access to the courts and to have an adequate legal assistance.
12. Right to remain silent
13. Right against the use of force, torture, violence, threat, intimidation and any other means which vitiates the free will.
14.
15.
16.
17.
18.
19.
20.

Right to undergo the process of law in times of any criminal offense.

Right to have a Speedy Trial
Right to confrontation of the witness
Right against self-incrimination
Right against illegal detention by reason of Political beliefs and aspirations
Right against excessive fines- a fine given to a person should be based on the two categories.
Right against double jeopardy.

The Principle of the Poisonous Tree

-it is the principle which states that any evidence acquired illegally will not be used in any trial proceedings. It is due to the
fact that in the acquiring of those illegal evidences had undergo a violation of the law in which is not allowable by the
constitution.
In any right vested by the constitution, there should be an observation of the law. Any violation of the law in the exercising
of those rights is to be considered as a crime.

ARTICLE IV: CITIZENSHIP

Citizen- is a member of a political community. He owes allegiance to the state. Example a Filipino who lives in Philippines
is a Filipino Citizen.
National- is not a part of a political community. He owes allegiance to the State. Example a Filipino who lives in Dubai is
a Filipino National.
The Principles in Acquiring Citizenship
1.
Jus Sanguinis- a principle which talks about the parents of a child. If the parent/s of a child is a Filipino he is
considered as Filipino. This principle is being practiced in Philippines.
2.
Jus Soli/Loci- a principle which tends to determine a childs citizenship by referring to childs birth place. Example in
America, when a Filipino got a child in America, his child is considered to be an American Citizen. This is not being
practiced in the Philippines.

Acquiring Citizenship
1.
Involuntary (Natural born Citizen)- citizenship by birth

2.
Voluntary (Naturalized Citizen)- citizenship by applying (Naturalization). Example an Arab wants to be
a Filipino Citizen, he can apply for it if also he met the requirements in Naturalization Process.

Citizens of the Philippines according to Article IV Section I

1.
-

Those who are citizens of the Philippines at the time of the adoption of this Constitution.
People who are present in the Philippines during the adoption of the constitution is a Filipino Citizen.

2.
-

Those whose fathers or mothers are citizens of the Philippines.

Child whos parent is a Filipino is considered as Filipino. This is based on the Jus Sanguinis Principle.

3.
Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of
majority.
To clean up the mess of the 1935 Constitution which say that if a Filipina married a Foreigner her child is not
a Filipino, this sub paragraph was made. This state that anyone born before January 17, 1973 of Filipino mother is
a Filipino.
4.
Those who are naturalized in accordance with law.
This Naturalization process can be given by Judicial, Administrative Process or by the Act of the Congress thru
Republic Act.

A Naturalized Citizen of the Philippines has its limit. Limit in term of running in a Political Positions and in applying Jobs.
This is due to the fact that a Naturalized Citizen might not have its loyalty to the Philippines. He might have been a spy
and might betray Philippines. Whereas the Natural born Filipino enjoys all the privileges.
In the Philippine constitution, having a dual Citizenship is allowed but having a dual allegiance of citizenship is prohibited
for a fact that he might betray the Philippines.

Article VI: Legislative Department

Legislative power- the power to make, alter, and repeal laws.
Laws being describe is the Statutory Laws
Functions of Law
1.
Defines the right and duties of the citizens
2.
Imposes taxes
3.
Appropriate funds
4.
Defines crimes and provides their punishment
5.
Creates and abolishes Government Offices
Legislative branches
1.
House of Senate- composes of senators
2.
House of Representative- composes of different congressman

The Legislative body in the Philippines is in Bicameralism form.

Powers of the Congress
1.
General Legislative Power- enact laws
2.
Specific Powers

a.
b.
c.
d.
e.
f.
3.
4.
a.
b.
c.

Choose who will be the President in case of the temporary disabilities/death of the incumbent President.
Confirms appointments made by the President through the Congress Commission on Appointments.
Promotes social Justice
Imposes Taxes
Impeach a high position government Official
Act as constituent Assembly in case of any changes being made in the constitution
Implied Power- power needed to enact a law
Inherent Power
Eminent Domain- acquiring any private property to be used for the use of the Public.
Power of Taxation- creating laws regarding taxation
Police Power- enacting law through the help of the Police Force

Principle of Checks and Balances Implied on Legislative

1.
Legislative is being check by the Executive Branch through checking the Laws made by the Congress. Any bill
without the signature of the President is void. The President can disapprove the bill being submitted.
2.
Presidents veto (disapproval of a bill) can be removed by a voting of the House of Representative. There must be
at least 2/3 vote of the total Representative must be gathered to override the veto.
3.
Laws created by the Congress also is being confirmed by the Judiciary by check it if it does not violate the
constitution.
The House of Senate
There are 24 senators. They have a 6 years term. The senate is being alternately being elected, meaning every
election only 12 senator sits are vacant while the remaining 12 is still in the position.
Qualification of a Senator
a.
Natural Born Citizen of the Philippines
b.
At least 35 Years of Age
c.
Able to read and write
d.
Must be A registered voter.
Two consecutive term is not allowed
House of Representative
There are 250 Representatives/congressmen.
Composes of Different provincial representative and different party list.
They have 3 years term.
Qualification of a Congressman
a.
Natural Born Citizen of the Philippines
b.
At least 25 years of Age
c.
Able to read and write
3 consecutive term is not allowed
Party List
It is the 20% of the number of congressmen.
Representative of different sectors such as the teens, woman, athletes.
Kind of Election for the Members of the Congress
1.
Regular Election
2.
Special Election- happens only if there is vacancy is the congress.
Stages of Legislative Enactment/ Passage of a Bill
1.
First Reading- the bill is only being read by its title and number together with the name/s f the author/s.
2.
Referral to the appropriate committee- it will be referred to the appropriate committee for study and consideration.
Revision may be made depending on the public hearing results to be conducted by the certain committee.

3.
Second Reading- the bill is being read in its entirely together with the amendments proposed by the committee.
4.
Debates- authors are given time to deliver his speech to convince his colleagues and to make his co-legislators be
in favor of the authors bill which is needed in the voting of the approval of the bill.
5.
Printing and Distribution- after all the proposed amendments has been presented during the debate, the bill shall be
in its final forms and copies of its would be distributed among the members of the House where it originated three days
before its passage
6.
Third Reading- the voting of the approval of the bill.
7.
Referral to the other house- after the approval from the other house, it must be submitted to the other house. The
bill will undergo Step 1-6.
8.
Submission to a Joint Bicameral Committee- if in case the decision of the Houses contradict, the respective
committees in both housed shall have a joint bicameral meeting to compromise their stance in order to have consensual
positions.
9.
Submission to the President

Article VII: Executive Department

Executive Power- power to administer the laws.

Qualification of the President
1.
Natural Born Citizen of the Philippines
2.
A registered voter
3.
Able to read and write
4.
At least 40 years of age.
5.
Resident of the Philippines for at least 10 years

Power of the President

1.
Veto Power- reject or disapprove any bill passed by the congress
2.
Appointing power- to appoint its cabinet members and other officials of the military and civil service. This
certain appointment is subject to the confirmation of the Congress Commission on Appointment
3.
Reprieve- postponed the date of execution of a convict from a definite date to other definite time.
4.
Suspension of Sentence- postponement of a sentence without a given definite time when will be the sentence be
executed.
5.
Commutation- to lower a certain punishment given to a convict to a lower crime.
6.
Pardoning- to forgive and release the convict from imprisonment
7.
Amnesty- act of forgetfulness by the president to a person who committed an offense undermining the sovereignty
of the state
8.
Commander-in-Chief of the Armed Forces of the Philippines
9.
Declare Martial Law- to be confirmed by the congress
10. Suspend the Privilege of the writ of habeas corpus

Restrictions to Declare a Martial or suspend Habeas Corpus

1.
There must be an actual invasion or rebellion on a certain area (province, city, etc)
2.
The period must not exceed 60 days unless extended by the congress
3.
President must submit a report in person or in writing to the congress within 48hours of proclamation or suspension
which will guide the congress in deciding the action it should take, i.e., revocation or extension;
4.
Proclamation or suspension may be made by the Congress by voting.
5.
The Supreme Court may inquire into the sufficiency of the factual basis of the proclamation or suspension of a
Martial Law or Habeas corpus.

Article VIII: Judiciary Department

Judiciary- watch dog of the Legislative and Executive Department
Judicial Power
1.
Adjudicatory power- power to use law to solve an issue and to determine the abuses made.
2.
Judicial Review- reviewing of the validity of the laws
3.
Incidental Power- Judgement of contempt.
Kind of Offense
1.
Criminal Case- an offense which affect the community such as killings, massacre, and etc
2.
Civil Case- an offense which affect two or more individual such as failure to comply to a contract.
Classification of Court According to Origin
1.
Constitutional Court- the Supreme Court, the only Court mandated by the constitution to be created.
2.
Statutory Curt- courts created by the law (Lower Court)

Classification of Court According to Case

1.
Special Court- court which has a limited jurisdiction
a.
Court of Tax Appeal- court which hold the cases related to tax
b.
Sandigan Bayan- court which hold the cases related to graft and corruption. Has 14 Associate Justices.
c.
Court of Appeals- court on which hold the cases being appeal to be rejudged.
d.
Shariah Court- court which holds the cases of civil offenses related to Muslims.
2.

Regular Court- those court which handles those common cases

Composition of Supreme Court

1.
One Chief Justice
2.
Fourteen Associate Justices
Qualification of a Chief Justice
1.
Natural Born Citizen of the Philippines
2.
At least 40 years of age
3.
Must have 15 years or more been judge of a lower court or engaged in the practicing law in the Philippines
4.
Must be a person of a proven competence, integrity, probity, and independence.
5.
Must be a Member of Integrated Bar of the Philippines

Appointment of a Chief Justice/ associate justices

A certain list of people must be submitted by the Judicial and Bar Council to the President.
The President will appoint the Justice but it cannot remove any justice being appointed.
Retirement age is 70 year old.

Article XI: Accountability of the Public Officers

Public Office is the right, authority, and duty created and conferred by law by which a given period either fixed by law or
enduring at the pleasure of the appointing power.
Nature of Public Office
1. Public Trust- means Public Office Position should be of rendering service to the public.
2. Public Office is not a Property- the holder of the office should not claim that he as the full right and he owns his
position.

3. Public Office is not a Contract- anyone being removed from the office should not blame the government for any
damages he sue after being removed.

Impeachment method of national inquest into the conduct of Public Men.

Officials to be removed by the Impeachment
1. President and Vice-President
2. Member of the Supreme Court
3. Members of the Constitutional Commission
4. Ombudsman

Grounds for Impeachment

1. Culpable Violation of the Constitution- willing to violate the constitution.
2. Treason- giving alliances other than the Republic of the Philippines.
3. Bribery- accepting gift which has a certain exchange.
4. Betrayal of the Public Trust- loss of the trust of the public
5. Other High Crimes
Steps on an Impeachment Trial
1. Filling of an Impeachment complain from the House of Representatives.
2. A required vote f 1/3 of the Member of House.
3. Impeachment Trial in the Senate.
4. 2/3 vote of the senators to decide the faith of the one being impeached.
Penalty in Impeachment Case
1. Removal to the Office.
2. Disqualification to hold any office in the Republic of the Philippines.

The Ombudsman (Office of the Special Prosecutor)

-known as the Tanodbayan
-serves as the WATCHDOG of the Government Offices and Agencies.
Power of the Ombudsman
1. Investigate- made an investigation on a certain complain against a Government Officials
2. Prosecute- suggest a solution to the complain
Composition of the Ombudsman
1. One Over-all Deputy Ombudsman
2. One Deputy Ombudsman for the 3 Major Islands in the Philippines (Luzon, Visayas, Mindanao)
3. One Deputy Ombudsman on the AFP and law enforcing Agency.
Ombudsman Personnel Appointment and Term of Office
1. A list of at least 6 candidate should be passed by the Judicial and Bar Council to the President. Confirmation of the
Commission on Appointment is not needed.
2. Qualifications:
a. Natural Born Citizen of the Philippines
b. Must be 40 years old on the time of their appointment
c. Must be member of Philippine Bar
d. Must have a recognized probity and independence
3. Term of Office seven years without reappointment in the Ombudsman.