Concept-of-philippine-constitution.pptx

Concept of Philippine Constitution

Constitution In broad sense, the term constitution refers to “that body of rules and principles in accordance with which the powers of sovereignty are regularly exercised.” As thus defined, it covers both written and unwritten constitution. It is a social contract that binds, by its terms and conditions, the people and their government in a civil society. It pertains to that body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised.

Nature and Purpose or Function of Constitution: 1. Serves as the supreme or fundamental law. – A constitution is the charter creating the government. It has the status of a supreme or fundamental law as it speaks for the entire people from whom it derives its claim to obedience.

2. Establishes basic framework and underlying principles of government. – The constitution is also referred to as the organic or basic law being or relating to the law by virtue of which the government exists as such.

Meaning of Constitutional Law Constitutional law may be defined as that branch of public law which treats of constitutions, their nature, formation, amendment, and interpretation.

Kinds of Constitution Constitution may classify as follows: As to their origin and history a. Conventional or enacted. One which is enacted by a constituent assembly or granted by a monarch to his subjects like the Constitution of Japan in 1889; and b. Cumulative or evolved. Like the English Constitution, one which is a product of growth or a long period of development originating in customs, traditions, judicial decisions, etc., rather than from a deliberate and formal enactment.

As to their form a. Written. One which has been given definite written form at a particular time, usually by a specially constituted authority called a “constitutional convention”; and

b. Unwritten. One which is entirely the product of political revolution, consisting largely of a mass of customs, usages and judicial decisions together with a smaller body of statutory enactments of a fundamental character, usually bearing different dates.

As to manner of amending them a. Rigid or inelastic. One regarded as a document of special sanctity which cannot be amended or altered except by some special machinery more cumbrous than the ordinary legislative process; and b. Flexible or elastic. One which possesses no higher legal authority than ordinary laws and which may be altered in the same way as other laws.

The Philippine Constitution may be classified as conventional or enacted, written, rigid or inelastic. It was drafted by an appointive body called “Constitutional Commission.”

Advantages and Disadvantages of a Written Constitution 1. It has the advantage of clearness and definiteness over an unwritten one. This is because it is prepared with great care and deliberation. Such a constitution cannot be easily bent or twisted by the legislature or by the courts, to meet the temporary fancies of the moment. Hence, the protection it affords and the rights it guarantees are apt to be more secure. Moreover, it is more stable and free from all dangers of temporary popular passion.

2. Its disadvantage lies in the difficulty of its amendment. This prevents the immediate introduction of needed changes and may thereby retard the healthy growth and progress of the state.

Requisites of a Good Written Constitution As to form, a good written constitution should be: a. Brief- Because if the constitution is too detailed, it would lose the advantage of a fundamental law which in a few provisions outlines the structure of the government of the whole state and the rights of the citizens. It would probably never be understood by the public. Furthermore, it would then be necessary to amend it every once in a while to cover many future contingencies;

b. Broad- Because a statement of the powers and functions of government , and of the relations between the governing body and the governed, requires that it be as comprehensive as possible; and c. Definite - Because otherwise the application of its provisions to concrete situations may prove unduly difficult if not impossible. Any vagueness which may lead to opposing interpretations of essential features may cause incalculable harm. Civil war and the disruption of the state may conceivably follow from the ambiguous expressions in a constitution.

As to contents, it should contain at least three sets of provisions: a. That dealing with the framework of government and its powers and defining the electorate. This group of provisions has been called the constitution of government; b. That setting forth the fundamental rights of the people and imposing certain limitations on the powers of government as a means of securing the enjoyment of these rights. This group has been referred to as the constitution of liberty; and

c. That pointing out the mode or procedure for amending or revising the constitution. This group has been called the constitution of sovereignty.

Constitution Distinguished from Statute 1. A constitution is a legislation direct from the people, while a statute is a legislation from the people’s representatives; 2. A constitution merely states the general framework of the law and the government, while a statute provides the details of the subject of which it treats; 3. A constitution is intended not merely to meet existing conditions but to govern the future, while a statute is intended primarily to meet existing conditions only; and 4. A constitution is the supreme or fundamental law of the State to which the statutes and all other laws must conform.

Authority to Interpret the Constitution – 1. Even a private individual may interpret or ascertain the meaning of particular provisions of Constitution in order to govern his own actions and guide him in his dealings with other persons. – 2. It is evident, however, that only those charged with official duties, whether executive, legislative, or judicial, can give authoritative interpretation of the Constitution. a. This function belongs primarily to the courts whose final decisions are binding on all departments or organs of the government, including the legislature. b. There are, however, constitutional questions (i.e., political questions) which under the Constitution are addressed to the discretion of the other departments and, therefore, before the power of the judiciary to decide.

Thus, the determination of the President as to which foreign government is to be recognized by the Philippines cannot be passed upon by the courts. Purpose in Interpreting the Constitution: The fundamental purpose in constructing constitutional provisions is to ascertain and give effect to the intent of the framers and of the people who adopted or approved it or its amendments. It is, therefore, the duty of the courts to constantly keep in mind the objectives sought to be accomplished by its adoption and the evils, if any, sought to be prevented or remedied. It may be assumed that the people, in ratifying the constitution, were guided mainly by the explanations given by the framers on the meaning of its provisions.

CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

The 1935 Constitution • 1. Framing and Ratification. Briefly stated, the state which led to the drafting and adoption of the 1935 Constitution of the Philippines are as follows: a. Approval on March 24, 1934 by President Franklin D. Roosevelt of the Tydings- McDuffie Law, otherwise known as the Philippine Independence Act, enacted by the United States Congress, authorizing the Philippine Legislature to call a constitutional convention to draft a constitution for the Philippines; b. Approval on May 5, 1934 by the Philippine Legislature of a bill calling a constitutional convention as provided for in the Independence Law;

c. Approval on February 8, 1935 by the convention by a vote of 177 to 1 of the Constitution (the signing began on the following day and was completed on February 19, 1935); d. Approval on March 23, 1935 by Pres. Roosevelt of the Constitution as submitted to him, together with a certification that the said Constitution conformed with the provisions of the Independence Law; and e. Ratification on May 14, 1935 of the Constitution by the Filipino electorate by a vote of 1,213,046, with 44,963 against.

• 2. Limitations and Conditions. While the Tydings-Mcduffie Law empowered the Filipinos to frame their own Constitution, it contained, however, provisions limiting such authority. The 1935 Constitution ceased to operate during the Japanese occupation from 1942-1944. It automatically became effective upon the reestablishment of the Commonwealth government on February 27, 1945 and the inauguration of the Republic of the Philippines On July 4, 1946. • 3. Sources. The 1935 Constitution of the Philippines did not contain original ideas of government. While the dominating influence was the Constitution of the United States, other sources were also consulted by the framers, particularly the 1898 Malolos Constitution and the three organic laws that were enforced in the Philippines before the passage of the Tydings-McDuffie Law, namely: the Instruction of Pres. William McKinley to the Second Philippine Commission on April 7, 1900; the Philippine Bill of July 1, 1902; and the Jones Law of August26, 1916 which, of the three mentioned, was the nearest approach to a written constitution.

4. Scope. The Constitution as approved by the 1935 Constitutional Convention was intended both for the Commonwealth and the Republic. Thus, Article XVII (which later became Article XVIII after the Constitution was amended) declares: “The government established by this Constitution shall be known as the Commonwealth of the Philippines. Upon the final and complete withdrawal of the sovereignty of the United States and the proclamation of the Philippine Independence, the Commonwealth of the Philippines shall henceforth be known as the Republic of the Philippines.”

5. Amendments. The 1935 Constitution had been amended three times. Among the amendments are: a. That establishing a bicameral legislature; b. That allowing the re-eligibility of the President and the Vice-President for a second four-year term of office; c. That creating a separate Commission on Elections; and d. The so-called Parity Amendment which gave to American citizens equal right with the Filipinos in the exploitation of our natural resources and the operation of public utilities.

The 1973 Constitution 1. Framing. The experience of more than three decades as a sovereign nation had revealed flaws and inadequacies in the 1935 Constitution. a. Taking into account the “felt necessities of the times” particularly the new and grave problems arising from an ever increasing population, urgently pressing for solution, Congress in joint session on March 16,1967, passed resolution of both Houses No.2 (as amended by Resolution No. 4, passed on June 17, 1971), authorizing the holding of a constitutional convention in 1971. b. On August 24, 1970, Republic Act No. 6132 was approved setting November 10,1970, as Election Day for 320 delegates to the Constitutional Convention. The convention started its work of rewriting the Constitution on June 1, 1971. The 1935 Constitution, with reference to the Malolos Constitution, was made the basis for the drafting of amendments to the new Constitution. The proposed Constitution was signed on November 30, 1972.

2. Approval by Citizens Assemblies. Earlier on September 21, 1972, the President of the Philippines issued Proclamation No. 1081 placing the entire country under Martial a. “To broaden the base of Citizens’ participation in the democratic process, and to afford ample opportunities for the citizenry to express their views on important matters of local or national concern,” Presidential Decree No. 86 was issued on December 31, 1972 creating a Citizens Assembly in each barrio in municipalities and in each district in chartered cities throughout the country. Subsequently, Presidential Decree No. 86-A was issued on January 5, 1973 defining the role of barangays. b. Under the same decree, the barangays were to conduct a referendum on national issues between January 10 and 15, 1973.

Pursuant to Presidential Decree No. 86-A, the following questions were submitted before the Citizens’ Assemblies or Barangays: a. “Do you approve of the New Constitution?” and b. “Do you still want a plebiscite to be called to ratify the new Constitution?”

• 3. Ratification by Presidential Proclamation. According to Proclamation No. 1102 issued on January 17, 1973, 14,976,561 members of all the Barangays (Citizens’ Assemblies) voted for the adoption of the proposed Constitution, as against 743,869 who voted for its rejection.

4. Amendments. The 1973 Constitution had been amended on four occasions. Among the important amendments are: a. that making the then incumbent President, the regular President and regular Prime Minister; b. that granting concurrent law-making powers to the President which the latter exercised even after the lifting of martial law in 1981; c. that establishing a modified parliamentary form of government; d. that permitting natural-born citizens who have lost their citizenship to be transferees of private land, for use by them as residence; e. that allowing the “grant” of lands of the public domain to qualified citizens; and f. that providing for urban land reform and social housing program.

The 1987 Constitution 1. Framing and Ratification. The 1987 Constitution was drafted by a Constitutional Commission created under Article V of Proclamation No. 3 issued on March 25, 1986 which promulgated the Provisional Constitution or “Freedom Constitution” following the installation of a revolutionary government “through a direct exercise of the power of the Filipino people.” a. Pursuant to Proclamation No. 3, the President promulgated on April 23, 1986 Proclamation No. 9, the “Law Governing the Constitutional Commission of 1986,” “to organize the Constitutional Commission, to provide for the details of its operation and establish the procedure for the ratification or rejection of the proposed new Constitution.”

b. The Constitutional Commission, which marked the fourth exercise in the writing o the basic charter in Philippine history since the Malolos Constitution at the turn of the century, convened on June 2, 1986 at the Batasang Pambansa Building in Diliman, Quezon City. With the Malolos Constitution of 1898, the 1935 Constitution, and the 1973 Constitution as “working drafts,” the Commission in addition to committee discussions, public hearings and plenary sessions, conducted public consultations in different parts of the country. c. The proposed new Constitution was approved by the Constitutional Commission on the night of Sunday, October 12, 1986, culminating 133 days of work, by a vote of 44-2. A commissioner signed subsequently by affixing his thumb mark at his sickbed on October 14, 1986 so that he actually voted in favor of the draft. Another Commissioner had resigned earlier. The two Commissioners who dissented also signed “to express their dissent and to symbolize their four months of participation in drawing up the new Constitution.”

d. The Constitutional Commission held its final session in the morning of October 15, 1986 to sign the 109-page draft consisting of a preamble, 18 Articles, 321 Sections and about 2,000 words – after which, on the same day, it presented to the President the original copies in English and Filipino. It was ratified by the people in the plebiscite held on February 2, 1987. It superseded the Provisional Constitution which had abrogated the 1973 Charter.

2. Merits and Demerits of an appointive framing body. Admittedly, there were some merits in delegating the drawing up of the new charter to appointed Constitutional Commission rather than to an elected Constitutional Convention. a. For one, the Constitutional Commission was not expensive and time-consuming, as was our experience with the 1971 Constitutional Convention and it was thus practical because the country could not then afford the cost of electing delegates because of lack of funds, and time was of the essence in view of the instability inherent in a revolutionary government and the need to accelerate the restoration to full constitutional democracy.

b. However, the strongest and most fundamental argument propounded against this method is that an appointive body is susceptible to the charge of lack of independence and the suspicion of pressure and even manipulation by the appointing power. The writing of a Constitution as the highest expression of the people’s “ideals and aspirations” to serve the country for generations to come is a political exercise of transcendental importance in a republican democracy and therefore, only those directly elected and empowered by the people must be entrusted with the task to discharge this grave and solemn responsibility.

3. Need to cure defect in the Constitution. To have a truly democratic and constitutional government, it is absolutely necessary that the Constitution be initially drafted by duly elected members of a representative constituent assembly or constitutional conventionand later on approved by the people in a plebiscite. Some see the need to straighten outthe present Constitution which was drafted by non-elective commissioners and ratified under the authority of a revolutionary government. The theory is posited that having the Constitution amended by elected delegates and having constitutional amendments ratified under the democratic government, we will have now cured any defect in its formulation and ratification.

Basic Principles Underlying the New Constitution The 1987

Constitution is founded upon certain fundamental principles of government which have become part and parcel of our cherished democratic heritage as a people. A knowledge of these principles is, therefore, essential to a proper understanding of our organic law. Among these principles as contained in the new Constitution are the following: 1. Recognition of the aid of Almighty God (see Preamble); 2. Sovereignty of the people (see Art. II, Sec. 1); 3. Renunciation of war as an instrument of national policy (see Ibid., Sec. 6); 4. Supremacy of civilian authority over the military (see Ibid., Sec. 3);

5. Separation of church and state (see Ibid., Sec. 6); 6. Recognition of the importance of the family as a basic social institution and of the vital role of the youth in nation-building (see Ibid., Secs. 12,13; Art. XV); 7. Guarantee of human rights (see Art. III, Secs. 1-22); 8. Government through suffrage (see Art. V, Sec. 1);9. Separation of powers (see Art. VI, Sec. 1); 10. Guarantee of local autonomy (see Art. X, Sec. 2); 11. Independence of the judiciary (see Art. VIII, Sec. 1); 12. High sense of public service morality and accountability of public officers (see Art. XI, Sec. 1);

13. Nationalization of natural resources and certain private enterprises affected with public interest (see Art. XII, Secs. 2, 3, 17, 18); 14. Non-suability of the State (see Art. XVI, Sec. 3); 15. Rule of the majority; and 16. Government of laws and not of men.

Rule of the Majority

1. Concept. The observance of the rule of the majority is an unwritten law of popular (i.e., democratic) government. The wishes of the majority prevail over those of the minority. It does not mean that the minority is not given certain fundamental rights, like the right to express their opinions, or to protest the acts of the majority although it is bound to abide by the decision of the latter. 2. Instances. In many instances, the rule of the majority is observed in our government.

Thus, under the new Constitution: a. A majority vote of all the respective members of the Congress is necessary to elect the Senate President and the Speaker of the House of Representatives, and a majority of all the members of Congress to concur to a grant of amnesty and to pass a law granting tax exemptions. In case of a tie in the election for President (or VicePresident), the President shall be chosen by the majority vote of all the members of both Houses of Congress. b. A two-thirds majority of all its respective members is required to suspend or expel a member of either House; of all the members of Congress to declare the existence of a state of war, to reconsider a bill voted by the President, and to call a constitutional convention; and of all the members of the Senate to concur to a treaty or international agreement and to render a judgment of conviction in impeachment cases.

c. Any amendment to, or revision of, the Constitution may be proposed by Congress upon a vote of three-fourths of all its members, and it shall be valid when ratified by majority of the votes cast in a plebiscite. d. Decisions of the Supreme Court en banc have to be concurred in by a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon, to pronounce a treaty, international or executive agreement, or law unconstitutional. In the court of Appeals, the vote of at least the majority is necessary in many cases. Even in the passage of local ordinances, the rule of the majority is observed.

3. A practicable rule of law. The device of the majority is a practicable rule of law based on reason and experience. Democracy assumes that in a society of rational beings, the judgment and experience of the many will, in most instances, be superior to the judgment and experience of the few; and hence, that the verdict of the majority will more likely be correct than that of the minority. It is, of course, to be understood that the majority acts within the pale of the law.

Government of Law and Not of Men 1. Concept. By this principle, which is also known and has the same import as the rule of law, is meant that no man in this country – not even the government – is above or beyond the law. Every man, however high and mighty his station may be, possesses no greater rights than every other man in the eyes of the law. 2. Exercise of government powers. A government of laws, as contrasted with a government of men, is a limited government. It has only the powers given it by the Constitution and laws, and it may not go beyond the grants and limitations set forth therein. Its authority continues only with the consent of the people in whom sovereignty resides. The principle is intended to be a safeguard against arbitrary government.

3. Observance of the law. The same is true of private individuals in the community. They are also bound to respect the sovereignty of the law. A person may not agree with the wisdom and expediency of the law but it is his duty to follow the law so long as it remains in the statute books. He cannot take the law into his own hands by resorting to violence or physical force to enforce his rights or achieve his ends without being civilly and criminally held liable for his action. The principle thus protects most especially the liberties of the weak and underprivileged. 4. Significance of the principle. It is basic that laws must be obeyed by all and applied to everyone – rich or poor, lowly or powerful – without fear or favor. The observance of the supremacy of the rule of law by officials, individuals, and the people as a whole is what will sustain our democracy and assure the existence of a truly free, orderly, and equitable society. Every citizen has thus a stake in the rule of law as contrasted to the “rule of men.” Without it, there is only anarchy, or mere semblance of order under a dictatorship.

Doctrines of Separation of Powers • The legislative power shall be vested in the Congress of the Philippines, which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum. (Article VI, Section 1) • The executive power shall be vested in the President of the Philippines. (Article VII, Section 1) • The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.

• Rationate. It aims to prevent a concentration of authority in one person or group of persons that might lead to an irreversible error or abuse in its exercise to the detriment of our republican institutions. It is intended to secure action, forestall overaction, to prevent despotism and to obtain efficiency. • Interdependence. Even as a department may not control, interfere with or encroach upon the acts done within the constitutional competence of the other, the departments have to interact with one another to achieve unity of purpose. • Blending of Powers. In the performance of a constitutional task, one department acts in a manner complimentary or supplementary to the other. For example, bills are passed by Congress and sent to the President for his approval. The Executive Department prepares the budget and submits it to Congress that uses it as basis for enacting the general appropriations act.

• Checks and balances. The Constitution gives each department certain powers by which it may definitely restrain the others from improvident action, thereby maintaining the balance among them and preserving the will of the sovereign expressed in the Constitution. The President's veto power, the power of Congress to over-ride the veto, the power of impeachment, and the court's power to declare legislative and executive acts unconstitutional are examples of checks and balances under the constitution.

Delegation of Legislative Powers •

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Constitutional Doctrine. It is a well entrenched principle of constitutional law that generally, legislative power may only be exercised by the legislative branch, and may not be delegated to the other branches of government. No department of government, be it legislative, executive or judicial, except when authorized by the constitution, can abdicate authority or escape responsibility by delegating any of its power to another body. Any attempt at such delegation of power is void under the maxim “potesta delegata non potest delegari.” Ethnical basis of the rule. It is based on the principle that a delegated power constitutes not only a right but also a duty to be performed by the delegate by the instrumentality of his own judgment and not through the intervening mind of another. The power to whose judgment, wisdom and patriotism this high prerogative has been entrusted cannot relieve itself of the responsibility by choosing other agencies upon which the power shall be delegated nor can it substitute the judgment, wisdom and patriotism of any other body for those to which alone the people have seen fit to confide this sovereign trust.

• When allowed. It is well established in this jurisdiction that, while the making of laws is a nondelegable activity that corresponds exclusively to Congress, nevertheless the latter may constitutionally delegate authority to promulgate rules and regulations to implement a given legislation and effectuate its policies, for the reason that the legislature often finds it impracticable (if not impossible) to anticipate and provide for the multifarious and complex situations that may be met in carrying the law into effect. All that is required is that the regulation should be germane to the objects and purposes of the law; that the regulation be not in contradiction with it; but conform to the standards that the law prescribes.”

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Valid Delegation. Delegation of legislative power is authorized in the following cases: • A. By direct constitutional grant 1. Tariff powers to the President Rationale. There is the necessity of giving to the Chief Executive the authority to act immediately on certain matters affecting the national economy lest delay may result in hardship to the people. The President must be able to respond quickly to changes happening in tariff structures and rates as these may cause possible adverse consequences to the economy. 2. Emergency Powers to the President Scope. The scope of the grant is the exercise of such “powers necessary and proper to carry out a declared national policy.” Thus, subject to restrictions that Congress may provide, the President is given legislative powers to deal with the emergency. The conditions for the grant of emergency powers are as follows: a) There must be a war or other national emergency. b) The delegation must be for a limited period only. c) The delegation must be subject to such restrictions as Congress may provide. d) The emergency power must be exercised to carry out a declared national policy.

• 3. Rule Making Power to the Supreme Court • Scope: On the basis of this power, the supreme court has promulgated the Rules of Court, the rules on admission to the bar, the creation and operation of the integrated bar, and rules on legal assistance to the underpriviledged. The power to make rules for the above named subjects is lodged exclusively in the Supreme Court and Congress has no power to cause any amendment thereto. • 4. Delegated Powers to Local Governments • Scope: The above constitutional grant of power allows local governments to create its own sources of revenue and to levy taxes. The delegation also encompasses the powers specifically enumerated under the Local Government Code that is subsumed under the so called general welfare clause. The power is exercised principally by the enactment of ordinances by the local legislative councils.

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5. Rule Making Powers of Constitutional Commissions The Commissions on Elections, Civil Service Commission and the Commission on Audit, being independent bodies have been granted by the Constitution rulemaking powers as can be gleaned from the following provisions. Each Commission en banc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules however shall not diminish, increase or modify substantive rights. (Article IX-C, Section 6) The Commission on Elections shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre-proclamation controversies. (Article IX-C, Section 3) The Commission on Adult shall have exclusive authority to define the scope of its audit and examination, establish the techniques and methods required therefor, and promulgate accounting and auditing rules and regulations, including those fo the prevention and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures, or uses of government funds and properties. (Article IX-D, Section 2(2))

• B. By Legislative grant: Delegation of powers to administrative bodies • Subordinate legislation. This involves the power of administrative agencies, granted by an enabling law, to make implementing rules and regulations. They are tested by their conformity to the standards set by, and their ability to carry out the legislative intent contained in the primary law. • Rationale for administrative regulation. This has been brought about by the increasingly complexity of the task of government and the growing inability of the legislature to cope directly with the myriad problems demanding its attention. The growth of society has ramified its activities and created peculiar and sophisticated problems that the legislature cannot be expected reasonably to comprehend . Specialization even in legislation has become necessary.

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Tests of valid delegation of powers. There are several tests for determining whether delegation is unlawful: a) Completeness Test. A law must be complete in all its terms and provisions when it leaves the legislature that nothing is left to the judgment of the delegate. What cannot be delegated is the authority under the Constitution to make laws and to alter and repeal them; the test is the completeness of the statute in all its term and provisions when it leaves the hands of the legislature. b) Sufficiency of Standards Test. The statute must not only define a fundamental legislative policy, mark its limits and boundaries, and specify the public agency to exercise the legislative power. It must also indicate the circumstances under which the legislative command is to be effected. To avoid the taint of unlawful delegation, there must be a standard, which implies at the very least that the legislature itself determines matters of principle and lays down fundamental policy.

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Section 1. The Philippines is a democratic and republican State. Sovereignty resides the people and all government authority emanates from them. Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Section 3. Civilian authority is, at all times, supreme over military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State, and, in the fulfillment thereof, all citizens may be required, under conditions providednby law, to render personal military or civil service.

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Section 5. The mainteance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. Section 6. The separation of Church and State shall be inviolable. Setion 7. The State shall pursue an independent foreign policy. In its relations with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination. Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory. Section 9. The State shall promote a just and dynamic social order taht will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate socail services, promote full employment, a rising standard of living, and an improved quality of life for all. Section 10. The State shall promote social justice in all phases of national development.

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Section 11. The State values the dignity of every human person and guarantees full repect for human rights. Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government. Section 13. The State recognizes the vital role of the youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. Section 14. The Stat recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men. Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.

Section 17. The State shall give priority to education , science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and develoment. Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. Section 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments. Section 21. The State shall promote comprehensive rural development and agrarrian reform.

• Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. • Section 23. The State shall encourage non-governmental, communitybased, or sectoral organizations that promote the welfare of the nation. • Section 24. The State recognizes the vital role of communication and information in nation-building. • Section 25. The State shall ensure the autonomy of local governments. • Section 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynaties as may be defined by law. • Section 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. • Setion 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.

• It is now declared that the Philippines is not only a republican but also democratic State. As a republican state, the Philippines is committed to observe the following: 1. respect for cardinal rights embodied in the Bill of Rights; 2. the principle that ours is a government of laws and not of men (the so-called rule of law mentioned in the Preamble); 3. the principle that the State cannot be sued without its consent; 4. the principle that the legislature cannot pass irrepealable laws; 5. election through popular will; 6. the principle that a public office is a public trust; 7. the rule against undue delegation of legistative power.

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As a democratic State, it is the people who are sovereign and no dictatorship should prevail in our midst. Thus, it is expressly stated in our Constitution that sovereignty resides in the people and all government authority emanates from them. And to emphasize the people's rolle in our governmental and societal affairs, the New Constitutions recognizes and promotes people's organizations (Secs. 15 and 16, Article XIII) and institution of such systems like recall, referendum and initiative. (See Sec. 32, Art. VI and Sec. 3, Art. X; see also Sec. 2, Art. XVII) Moreover, the provisions on sectoral representation, multi-party system and people'sright to amend this Constitution indicate the paticipation of the people in governance. As if to justify the provision that all government authority enamates from the people, it is provided for in Section 1, Article XI that “public officers and employees must at all times be accountable to the people”. Note also that any citizen may petition the Supreme Court to question the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privelege of the writ of habeas corpus. (See Sec. 18, Art. VII) so also, any citizen may file a verified complaint for impeachment to be indorsed by a Member of the House of Representatives (SeeSec. (2), Art. XI) These transcendental rights given to any of the citizens strengthen the people's right of governance.

• Section 2 above consists of three parts, namely: 1. Renunciation of war as an instrument of national policy because our nation, being a Member of the United Nations and a signatory to the UN Charter. is committed to international peace and security, but the State (just as every other State) has the power to wage war in defense against outside attack; 2. Adoption of generally accepted principles of international law aspart of our municipal law; thus we adhere to the laws of war found in the Geneva Conventions and to the provisions of the United Nations Charter, as well as to all laws, practices and principles that have found acceptance by and have binding effect upon members of the community nations; 3. Relations with all other nations in the spirit of peace, equality, etc. Section 3 affirms the supremacy of the civilian authority over the military at all times, even in a state of emergency ormartial law.

• Section 5 which appears very simple and can be confused as unnecessary is an Ambrosio Padilla provision which states that the following are essential for the enjoyment by all the people of the blessings of democrary: 1. maintenance of peace and order beacause in a lawless although open society people do not feel safe to roam around or express freely their ideas, an absence of freedom from fear; 2. protection of life, liberty and property (through effective police functions); 3. promotion of the general welfare (through appropriate economic and social programs). No. 3 by the use of the words “general welfare,” seems to go against the principle of common good but the Padilla provision merely envisions the minimum that the State may aspire for and so reconciliation of the two principles i in order.

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While we recognize the separation of the Church and the State and that we adhere to freedom of religion, we have provisions on religious instruction in public schools and employment of chaplains in some government institutions. Priests and religious ministers have increasingly invoked their rights as citizens of the country in criticizing acts of Goverment officials contituting violations of laws and human rights. It is now mandated (a Romulo amendment) that we shall pursue an independent foreign policy, which means that we shall not allow ourselves to be dictated upon by any foreign power in the pursuit of our basic foreign policy. In our relations with other states, we shall be guided by the paramount considerations of National sovereignty territorial integrity national interest and right to seld-determination

• Under Section 8, our country pursues a policy of freedom from nuclear weapons, subject to an exceptional case or cases when demanded by the national interest. Nuclear power or nuclear medicine is not covered by the provision. It is believed by wellmeaning persons like Dr. Francisco Arcellana that stockpilling of nuclear weapons can never be for the national interest of any country at any time. • Consistent with the injunction in the Preamble that we must build a just and humane society, it is the State's duty to promote a just and dynamic social order that will ensure the prosperity and independence of the Nation and free the people from mass poverty. • The provision that “The State shall promote social phases of national development” has widened the scope of social justice, even beyond the economic and social aspects of the term. Indeed, it can be well and appropriately said that social justice cuts across all human aspects like labor, education, health,public office, etc.

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 equal protection of the laws. • Sec. 2. The right of the people to be secure in their persons, houses, papers, and effects againts unreasonable searches and seizures of whatever nature and for any pupose 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.

• Sec. 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. Sec. 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. Sec. 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.

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Sec. 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. Sec. 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 prtaining 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. Sec. 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 no be abridged. Sec. 9. Private property shall not be taken for public use without just compensation.

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Sec. 10. No law impairing the obligation of contracts shall be passed. Sec. 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reasonof poverty. • Sec. 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. (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 againts 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.

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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. • 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 shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, 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. • Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.

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Section 17. No person shall be compelled to be a witness against himself. 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 the party shall have been duly convicted. • 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. (2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. • Section 20. No person shall be imprisoned for debt or non-payment of a poll tax. • 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 acquittal under either shall constitute a bar to another prosecution for the same act. • Section 22. No ex post facto law or bill of attainder shall be enacted.

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A Bill of Rights is to a large extent declaratory of fundamental principles and of the basic rights of citizenship. (16 Am. Jur. 2d,p. 636.) It enumerates some of the private and inalienable rights of the people, and it has been said that the rights protected by the Bill of Rights are those that inhere in the “great and essential principles of liberty and free government.” The rights in the Bill of Rights are sometimes referred to as natural laws and as being founded on natural rights and justice. Any governmental action in violation of the rights declared in the Bill of Rights is void, so that the provisions of a Bill of Rights are self-executing to this extent; however, the legislature may enact laws to protect and enforce the provisions of the Bill of Rights. It is well to remember that the fundamental human rights conferred by the Constitution are not absolute (United Public Workers vs. Mitchell, 330 U.S. 75) and courts must be careful not to transmute vital constitutional liberties into DOCTRINAIRE DOGMA.

Public Accountability • Section 1. Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism justice, and lead modest lives. • Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office, on the impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, not by impeachment.

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Section 3. (1) The House of Representatives shall have the exclusive power to initiate all cases of impeachment. (2) A verified complaint for impeachment may be filed by any Member of the House of Representatives or by any citizen upon a resolution or endorsement by any Member thereof, which shall be included in the Order of Business within ten session days, and referred to the proper Committee within three session days thereafter. The Committee, after hearing, and by a majority vote of all its Members, shall submit its report to the House within sixty session days from such referral, together with the corresponding resolution. The resolution shall be calendared for consideration by the House within ten session days from receipt thereof. (3) A vote of at least one-third of all the Members of the House shall be necessary either to affirm a favorable resolution with the Articles of Impeachment of the Committee, or override its contrary resolution. The vote of each Member shall be recorded. (4) In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed. (5) No impeachment proceedings shall be initiated against the same official more than once within a period of one year.

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(6) The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate. (7) Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any office under the Republic of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment, according to law. (8) The Congress shall promulgate its rules on impeachment to effectively carry out the purpose of this section. Section 4. The present anti-graft court known as the Sandiganbayan shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law. Section 5. There is hereby created the independent Office of the Ombudsman, composed of the Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy each for Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment may likewise be appointed.

• Section 6. The officials and employees of the Office of the Ombudsman, other than the Deputies, shall be appointed by the Ombudsman, according to the Civil Service Law. • Section 7. The existing Tanodbayan shall hereafter be known as the Office of the Special Prosecutor. It shall continue to function and exercise its powers as now or hereafter may be provided by law, except those conferred on the Office of the Ombudsman created under this Constitution. • Section 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and at the time of their appointment, at least forty years old, of recognized probity and independence, and members of the Philippine Bar, and must not have been candidates for any elective office in the immediately preceding election. The Ombudsman must have, for ten years or more, been a judge or engaged in the practice of law in the Philippines.

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Section 9. The Ombudsman and his Deputies shall be appointed by the President from a list of at least six nominees prepared by the Judicial and Bar Council, and from a list of three nominees for every vacancy thereafter. Such appointments shall require no confirmation. All vacancies shall be filled within three months after they occur.

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Section 10. The Ombudsman and his Deputies shall have the rank of Chairman and Members, respectively, of the Constitutional Commissions, and they shall receive the same salary which shall not be decreased during their term of office. Section 11. The Ombudsman and his Deputies shall serve for a term of seven years without reappointment. They shall not be qualified to run for any office in the election immediately succeeding their cessation from office. Section 12. The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner against public officials or employees of the Government, or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations, and shall, in appropriate cases, notify the complainants of the action taken and the result thereof.

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Section 13. The Office of the Ombudsman shall have the following powers, functions, and duties:

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(1) Investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient. (2) Direct, upon complaint or at its own instance, any public official or employee of the Government, or any subdivision, agency or instrumentality thereof, as well as of any government-owned or controlled corporation with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties. (3) Direct the officer concerned to take appropriate action against a public official or employee at fault, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith. (4) Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action.

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(5) Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents. (6) Publicize matters covered by its investigation when circumstances so warrant and with due prudence. (7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government and make recommendations for their elimination and the observance of high standards of ethics and efficiency. (8) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law. Section 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual appropriations shall be automatically and regularly released. Section 15. The right of the State to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches, or estoppel.

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Section 16. No loan, guaranty, or other form of financial accommodation for any business purpose may be granted, directly or indirectly, by any government-owned or controlled bank or financial institution to the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, and the Constitutional Commissions, the Ombudsman, or to any firm or entity in which they have controlling interest, during their tenure. Section 17. A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the VicePresident, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law. Section 18. Public officers and employees owe the State and this Constitution allegiance at all times and any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant of another country during his tenure shall be dealt with by law.

• In addition to being at all times accountable to the people, serving them with utmost responsibility, integrity, loyalty, and efficiency, public officers and employees must act with patriotism and justice and lead modest lives. But the all-embracing concept that a public office is a public trust has been retained. It was Jaime Tadeo who introduced the amendment that public officers and employees must lead mdest lives. The Members of the 1986 Constitutional Commission observed that public officers and employees act as if they are the masters when in fact they are really the servants of the people. Jose N. Nolledo observed that in public service, many employees graduate from the stage of “pauperism” to level of “millionarism” and that they exhibit their corruption by living in palatial homes and riding in flashy automobiles, living far beyond their legitimate income.

• The following are removable by impeachment under Section 2 of Article XI: 1. the President 2. the Vice-President 3. the Members of the Supreme Court; 4. the Members of the Constitutional Commissions; and 5. the Ombudsman. It is now provided for that all other public officers and employees may be removed from office as may be provided by law, but not by impeachment. Betrayal of public trust is made an additional ground for impeachment. Such betrayal need not involve a criminal offense. Generally, a violation of one's oath of office may constitute a betrayal of public trust.

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See Republic Act No. 6770 which is the Ombudsman Act of 1989. Government oficers who have enriched themselves in office should know that the right of the State to recover their ill-gotten wealth, either from them or from their nominees or tranferees shall not be barred by prescription, laches or estoppel. This was authored principally by Jose N. Nolledo. Section 17 of Article XI requires a verified declaration of assets, liabilities and net worth of every public officer or employee and public disclosure of the same is constitutionally required (in the manner provided by law) with respect to the President, the Vice-President, the Members of the Cabinet as well as Members of the Congress, the Supreme Court, the Constitutional Commission and other constitutional offices including the officers of the armed forces with general or flag rank. It is understood, however, that with respect to all other public officers, a law may likewise require publication or public disclosure of the declaration of assets, liabilities and net worth. The law shall deal with any public officer or employee who, during his tenure, seeks to change his citizenship or acquire the status of an immigrant of another country. The law may provide that they be separated from the service under certain conditions subject to exceptions. Provision related to accountability of public officers are found in other articles like those of the Judiciary (on moral qualifications, removal of Judges, etc.), Civil Service Commission and General Provisions.