Constitutional Law 1 (first Assignment Reviewer)

Constitutional Law Reviewer (1st Assignment) 1987 PHILIPPINE CONSTITUTION

Summary: Article IV enumerates the conditions of being citizens of the Philippines and the manner of acquiring and losing Philippine citizenship. It also provides for the constitutional definition of “natural-born” citizen and the retention of Philippine citizenship of those who marry aliens unless they have renounced it.

ARTICLE I: National Territory

ARTICLE V: Suffrage

Summary: Article I states the scope and extent of the country's territory, including the internal waters; and terrestrial, fluvial and aerial domains. Furthermore, the waters around, between, and connecting the islands of the Philippines form part of the country's internal waters (based on the Archipelagic Doctrine).

Summary: Article V stipulates the qualifications of the Filipinos who have the right to vote. No literacy, property, or other substantive requirement is imposed on the exercise of suffrage. The Congress is tasked to provide a system to protect the ballots, a system of overseas absentee voting, and a procedure for the disabled and illiterates to vote without the assistance of other persons.

ARTICLE II: Declaration of Principles and State Policies Summary: Article II contains 28 sections divided into two parts. The first part enumerates the principles of the State such as the democratic and republican nature of the Philippine State; the supremacy of civilian authority over the military; the people's duty to defend the State; separation of Church and State; and renunciation of war as an instrument of national policy. While the second part stipulates the State policies such as the promotion of an independent foreign policy; recognition of the youth's and women's role in nation-building; promotion of a comprehensive rural development and agrarian reform; and the promotion of social justice. ARTICLE III: Bill of Rights Summary: Article III recognizes the individual rights of the Filipino people and guarantees its protection against abuses. Included in the bill of rights are: due process of law; equal protection of the laws; protection against unreasonable searches and seizures; right to privacy of communication and correspondence; and the right to free speech, expression and to peaceably assemble. The specific rights of the accused is likewise presented, such as; right to bail, right to criminal due process, right to speedy disposition of cases, right against self-incrimination, non-imprisonment for non payment of debt or a poll tax, and right against double jeopardy. It further prohibits the enactment of an ex post facto law or a bill of attainder. ARTICLE IV: Citizenship

ARTICLE VI: Legislative Department Summary: Article VI provides for the establishment of a bicameral legislature, its composition, terms of office, powers and functions as the legislative branch of the government. Under this Article, the people can also exercise legislative powers through a system of initiative and referendum. The members of the Senate, or the Upper house, are elected at large by the qualified voters of the Philippines and are to serve for six years with a maximum of two terms. While there are two kinds of members of the House of Representatives or the Lower House of Congress, namely, the representatives elected by district and those elected through the party-list system. The term of office of the members of the lower house is shorter than the Senate. Each member of the House of Representatives is elected for a term of three years with a maximum of three terms. The powers of Congress include the passage of bills, levy taxes, approve appropriation, declare a state of war, and confirm presidential appointments through the Commission of Appointments. ARTICLE VII: Executive Department Summary: Article VII stipulates the qualifications, duties and functions of the President and Vice-President. It expressly states that the executive power is vested in the President of the Philippines. The President and the VicePresident are elected by direct vote of the qualified voters of the Philippines for a six-year term. While the President is not qualified for re-election, the vice-president can serve two (2) consecutive terms. This article stipulates that the President is the head of state, the chief executive of government,

and the commander-in-chief of the armed forces. However, certain protections are declared against abuses of executive power such as the prohibition against practice of any other profession, prohibition against appointment of spouse and relatives to certain positions in government and limitation on the declaration of martial law or suspension of the privilege of the writ of habeas corpus to a period not exceeding 60 days. ARTICLE VIII: Judicial Department Summary: Article VIII provides for the composition, powers and functions of the judiciary. The judicial power is vested in one Supreme Court and in such lower courts as may be established by law. Composed of the Chief Justice and 14 Associate Justices, the Supreme Court has administrative supervision over all courts and its personnel. Among the notable powers of the Supreme Court are its exercise of original jurisdiction on cases involving ambassadors, public ministers and consuls; review, revise, reverse, modify, or affirm judgments or decisions of lower courts; rule on the constitutionality of laws and treaties; and appoint officials and employees of the judiciary. Furthermore, the members of the Supreme Court and the judges of lower courts are appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council (JBC). They must be natural-born citizens of the Philippines and must be at least forty years of age. They will hold office hold office during good behavior until the age of 70 years or become incapacitated to discharge the duties of their office. The JBC, which is created in this article, is under the supervision of the Supreme Court and has the principal function of nominating appointments to the judiciary ARTICLE IX: Constitutional Commissions Summary: Article IX stipulates the creation of three independent constitutional commissions such as, the Civil Service Commission (CSC), the Commission on Elections (COMELEC), and the Commission on Audit (COA). Each commission enjoys fiscal autonomy, appoints their officials and employees in accordance with law, and is composed of commissioners appointed by the President with the consent of the Commission on Appointments. The Civil Service Commission is the central personnel agency of the government and establishes a career service based on merit and fitness. The Commission on Elections, on the other hand, enforces and administers all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall. Lastly, the Commission on Audit examines, audits, and settles all accounts pertaining to the funds and property, owned or held in trust by, or pertaining to the government.

ARTICLE X: Local Government Summary: Article X provides for a decentralized local government administration through the various territorial and political subdivisions such as, the autonomous regions, provinces, cities, municipalities, and barangays. This article further mandates Congress to enact a local government code for a more responsive and accountable local government structure, and an organic act for the autonomous regions in Muslim Mindanao and in the Cordilleras. ARTICLE XI: Accountability of Public Officers Summary: Article XI states that public office is a public trust. This article enumerates the officials that may be impeached, the grounds for impeachment, and the rules of impeachment. The House of Representatives initiates all impeachment cases, while the Senate conducts the trial and decides on all impeachment cases. This article also provides for the creation of special judicial institutions as instruments of public accountability namely, the Sandiganbayan as the anti-graft court, the Office of the Ombudsman and the Office of the Special Prosecutor. ARTICLE XII: National Economy and Patrimony Summary: Article XII declares the aims of the State for a more equitable distribution of opportunities, income, and wealth; sustainable development and industrialization; and full employment of its citizens. All natural resources except agricultural lands are owned by the State. It stipulates the limitations on the exploration, development and utilization of these natural resources by Filipino citizens, private corporations or associations, and foreign-owned corporations. Congress is mandated to establish an independent economic and planning agency and an independent central monetary authority. Section 17 grants the State the power to take over or direct the operation of any privately-owned public utility or business affected with public interest in times of national emergency. Article XIII: Social Justice and Human Rights Summary: Article XIII declares that the State shall promote social justice, agrarian and natural resources reform, urban land reform and housing; protect labor; recognize the rights of every citizen and people's organization, and adopt an integrated health development program. It also mandates

Congress to enact a law creating an independent Commission on Human Rights, with the responsibility of investigating cases of human rights violation. ARTICLE XIV: Education, Science and Technology, Arts, Culture, and Sports Summary: Article XIV declares the principles of the State on education, language, science and technology, arts and culture, and sports. On education, the State shall protect and promote the right of all citizens to quality education. This article also mandates that education shall be accessible to all. On language, this article states that Filipino is the the national language of the Philippines. Filipino shall be used as a medium of official communication and as language of instruction in the educational system. Furthermore, Congress is mandated to establish a national language commission. On science and technology, priority is given on research and development, incentives are provided to science students, researchers, scientists and gifted citizens to encourage scientific research. On arts and culture, the State shall promote the Philippine national culture and shall preserve, and develop the cultures, traditions and institutions of the indigenous cultural communities. Lastly on sports, the State shall promote physical education and different sports activities to foster self-discipline, teamwork, and excellence. ARTICLE XV: The Family Summary: Article XV recognizes the Filipino family as the foundation of the nation. The constitutional definition of marriage is found herein. It further provides for specific provisions to protect the rights of spouses, children, family and family associations. The duty of the family and the State to care for the elderly is likewise set forth in this article. ARTICLE XVI: General Provisions Summary: Article XVI contains provisions on twelve subjects. The design of the Philippine flag is set forth in the first section, followed by a section on any change, by law, of the name of the country, national anthem and national seal. Section 3 hereof provides for the general rule on State's immunity from suit. The composition of the Armed Forces of the Philippines as well as other provisions on the military such as recruitment, appointment, and retirement of soldiers and officers are likewise found in this article. This article further provides for the establishment of a national and civilian police force. It also stipulates general provisions on the benefits, pensions and assistance to war

veterans, their spouses and orphans, as well as to the retirees of the government and the private sectors. It is also mandated that the State shall protect the consumer against trade malpractices, respect the freedom of speech and of the press, regulate the ownership and management of mass media and the advertising industry. Lastly, it is stipulated that Congress may create a consultative body on indigenous cultural communities. ARTICLE XVII: Amendments or Revisions Summary: Article XVII stipulates that any amendment to, and revision of the Constitution may be proposed by a three-fourths vote of all the members of Congress and a constitutional convention. The people may likewise propose amendments through an initiative of at least twelve percent of total registered voters. It further states that any amendment or revision is not valid without a ratification by a majority of votes cast in a plebiscite. ARTICLE XVIII: Transitory Provisions Summary: Article XVIII stipulates specific provisions that are temporary in nature on the first elections, the judiciary, legal codes, international agreements, civil service and private armies. It stipulates the dates of the first elections of the members of the Congress, the first local elections and the first regular elections for the President and Vice-President. This article further provides for the continued enforcement of all existing laws which are consistent with this Constitution as well as the continued exercise of jurisdiction of all courts, until otherwise provided by law. Section 24 mandates that all private armies and other paramilitary groups outside the armed forces of the Philippines be dismantled. An important provision on the expiration of the Military Bases Agreement in 1991 includes a declaration that no foreign military bases, troops or facilities shall be allowed in the Philippines except under a treaty duly concurred in by the Senate. The last part hereof is with regard to the sequestration or freeze order concerning the recovery of illgotten wealth.

The Laws in the land is governed by a constitution; it is a written instrument

The Conventional of Enacted Constitution is the constitution that was

in which the fundamental powers of the government to govern are

created through a constitutional convention; this convention is called to be

established, defined, as well as limited. It is also written in the constitution

able to draft the constitution.

how the powers are being distributed among the several departments of the government.

The Cumulative or Evolve Constitution is the constitution that is developed as a part of the history of a particular nation; it was not created through a

The constitution is a written charter that are enacted as well as adopted by

national convention.

the people in a particular state. The Laws on the land should be guided on what was being written in the constitution. The policies of the government

The Rigid or Inelastic Constitution is the kind of constitution that cannot be

should also be in accordance with the constitution so that any action will not

easily amended. However, if the constitution itself provides that particular

be lead unto constitutional crisis.

amendment, then it could be possible to amend the constitution.

A constitutional crisis is an event where in a particular part of a constitution is

The Flexible or Elastic Constitution is the kind of constitution that can be

or are not being followed in accordance with the policies or actions taken by

easily be changed.

the authorities.

The constitution is both important for the people and the state. For the

There are different types of Constitution; these are the Written

people, the constitution provides their social protection wherein their right

Constitution, the Unwritten Constitution, the Conventional or Enacted

and privileges as citizens of a particular country is stated. For the state, the

Constitution, the Cumulative or Evolve Constitution, the Rigid or Inelastic

constitution serves as the backbone of the system of governance. Stated in

Constitution and the Flexible or Elastic Constitution. All of the above

the constitution is how the state should take action to govern and protect its

mentioned constitutions have their different features and characteristics.

citizens.

The Written Constitution is the constitution where the provisions are all contained in a single document. Source: The Unwritten Constitution is the constitution where the provisions are not contained in a single document. The provisions are written in different documents that are considered as part of the land’s fundamental law. This constitution can also be considered as an Un-compiled constitution.

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