CONSTITUTIO

N
CONSTITUTION

 A constitution is a set of rules that define and guide how a political

organization will function. As the word implies, a constitution is a
collection, so this collected grouping of laws creates a set of expectations
for how a government will function.
 The fundamental law, written or unwritten, that establishes the
 character of a government by defining the basic principles to 
which a society must conform; by describing the organization 
of the government and regulation, distribution, and limitations 
on the functions of different government departments; and by 
prescribing the extent and manner of the exercise of its sover
eign powers.
PREAMBLE

 Preamble refers to an introductory statement, which in turn

describes, or states the reason for, the remaining portion of the
document or writing.
 an introductory statement.
 the introductory part of a constitution or statute that
usually states the reasons for and intent of the law.
 the term preamble is most commonly associated with the
introductory section of Constitution.
PREAMBLE
 After more than 20 years in power, President Ferdinand
Marcos bowed to domestic and international pressure, and
announced that snap elections will be held in February 7,
1986. Notwithstanding he had been reelected President only
five years earlier—when he ran against former Secretary of
Defense Alejo Santos—the snap elections was evidently an
attempt by the ailing autocrat to stabilize his regime by
lending it some sort of popular legitimacy
 TheFebruary 7, 1986 elections pit the powerhouse
administration tandem of President Marcos and MP
Arturo Tolentino of the Kilusang Bagong Lipunan
(KBL) against the United Democratic Opposition
(UNIDO) candidates: Corazon C. Aquino, widow of
martyred opposition Senator Benigno S. Aquino Jr.,
and former Senator Salvador H. Laurel.
 Eight days after an election characterized by voter
intimidation and violence, the Batasang Pambansa,
dominated by Marcos allies, proclaimed him
reelected based on the official Commission on
Elections (COMELEC) results. In protest against the
massive electoral fraud, Minority Leader and former
House Speaker Jose B. Laurel Jr. led an opposition
walkout from the election proceedings.
 The fallout from the elections led to immense
international and internal pressure on the Marcos
regime. Political and military defections rocked the
government, culminating in a failed coup attempt
lead by Defense Minister Juan Ponce Enrile and
Armed Forces Vice Chief of Staff Gen. Fidel V.
Ramos. This was followed by a call to mass action by
civil society and the Catholic hierarchy.
 On February 25, the Philippines had the unusual
situation of having two Presidents. Marcos had taken
his oath in Maharlika Hall (later renamed 
Kalayaan Hall), administered by Chief Justice Ramon
Aquino, with a throng of loyalists assembled in the
Palace grounds. Meanwhile, Mrs. Aquino took her
oath in Club Filipino, administered by Associate
Justice Claudio Teehankee.
 That night, the beleaguered Marcos, his family, and cronies
fled Malacañan Palace aboard American helicopters. They
would be taken to Clark Air Base en route to exile in Hawaii.
On the same day, Mrs. Aquino issued Proclamation No. 1,
declaring she and Salvador Laurel had taken over the powers
of the Presidency and the Vice Presidency, respectively. Their
claim to power, as stated, was derived from “the sovereign will
of the Filipino people as manifested in the Snap Elections of
February 7, 1986.”
 With Marcos gone, the newly established government
considered three options for reconstituting the republic:
 First was to do away with all Marcosian influence and return
to the 1935 constitution, which was in use until the September
23, 1972 declaration of Martial Law. Members of her
government, such as Information Minister Teodoro Locsin Jr.,
argued that the 1973 Constitution was never ratified. This
was, however, seen as impossible because institutions, such
as the bicameral legislature, had been abolished by Marcos
and a general elections would have to be called.
 The second option was to retain the 1973 Constitution promulgated under
Marcos, which stipulated, among others, a unicameral legislature that was
elected in 1984 for a yet unexpired five-year term. Put forward by retired
Supreme Court Associate Justice and MP Cecilia Muñoz-Palma and MPs
Marcelo Fernan and Homobono Adaza, they considered it possible for the
President to reform government with the current constitution. All that the
Batasan Pambansa, which was now allied to President Aquino, needed to
do was nullify their initial proclamation of Marcos and enact a law granting
President Aquino extraordinary powers to reform government. President
Aquino, however, was wary of this option as she did not want to derive
legitimacy and power from the very institutions that she fought
 Lastly, and most radical, was a clean break, a fresh start from the vestiges of
a disgraced dictatorship, as suggested by Fr. Joaquin Bernas, S.J. and
others.
 Subsequently, President Aquino issued Proclamation No. 2, on March 2,
1986, further reinstalling democratic institutions by lifting the suspension of
the writ of habeas corpus.
 The decision was finally made as to what constitution to adopt a month after
the EDSA Revolution. On March 25, 1986, President Aquino issued 
Proclamation No. 3 suspending certain provisions of the 1973 Constitution
and promulgating in its stead a transitory constitution to pave the way for a
new charter to replace the 1973 Constitution. This was to be drafted by an
appointed commission and ratified by the people in a plebiscite.
 A Constitutional Commission, tasked with drafting a new
charter, was created by virtue of Proclamation No. 9, issued
on April 23, 1986. The Executive Issuance outlined guidelines
for the election, rules, and restrictions for the members of the
said commission. The Con-Com was first to be presided over
by Vice President Salvador H. Laurel until such time as it
elected its own leaders. On June 2, 1986, the commission
started its work and elected Cecilia Muñoz-Palma as
President, former Senator Ambrosio B. Padilla as Vice
President, and Veteran Journalist Napoleon G. Rama as Floor
Leader.
 Five months after its first session, the Con-Com of 1986 finished its work.
On October 12, 1986, Delegate Serafin V. C. Guingona delivered his
sponsorship speech for the second reading of the entire draft of the
constitution. [Read the speech of Commissioner Guingona]
 Thereafter, they moved to vote for the passage of the draft in the Second
Reading. A total of 44 delegates voted for the draft and two delegates
voted against it with no abstentions. Their session for October 12, 1986
ended at 7:53 p.m.
 Three days later, the final session of the Con-Com was held. Toward the
end of the session, Cecillia Muñoz-Palma delivered her closing remarks as
the President of the commission. 
 The final session of the 1986 Constitutional Commission ended at 12:28 a.m. of
October 16, 1986. The body then motioned for the approved draft to be
submitted to the President for her consideration and proper action of ratification.
Aside from the draft, the commission also submitted to the President a
suggested date for the referendum.
 A national plebiscite was held three months after the submission of the draft
Constitution to the President. On February 2, 1987, the nation was asked to
answer the question “Do you vote for the ratification of the proposed
Constitution of  the Republic of the Philippines with the Ordinance appended
thereto?” in order to put the Constitution into effect. After the National vote, a
board of canvassers was convened on February 4, 1987 and finished its work
three days after. The results showed 76.30 percent (16,622,111 voters) of the
population voted for the ratification of the Constitution; 22.74 percent (4,953,375
voters)  voted against it; and 0.96 percent  (209,780 voters) abstained.
 President Aquino, soon after the end of canvassing,
issued Proclamation No. 58, which announced the
official canvassing of results and the ratification of
the draft constitution. The 1987 Constitution finally
came into full force and effect on February 11, 1987
with the President, other civilian officials, and
members of the Armed Forces swearing allegiance to
the new charter.
 The Philippines has had several constitutions but the constitution
that is in force today is the 1987 Constitution. The 1987 Constitution
is an important, legally binding document.
 The Philippines 1987 Constitution is an essential document for the
Filipino people as it outlines their rights while at the same time
limiting the powers of the government. The Constitution helps
ensure a stable rule of law within the Filipino Society. When you
read the 1987 Constitution, you can see that many parts were
borrowed or taken from the U.S. Constitution.
 The 1987 Philippines Constitution
 Today the Philippines has a constitution that was ratified in 1987. This
constitution came into effect after what is knowns as the People’s Power
revolution, the EDSA Revolution, or February Revolution.
 The People’s Power Revolution was a series of demonstrations in mainly
Metro Manila in 1986. As a result of these revolutions, President Corazon
Aquino came into power in the Philippines.
 When President Aquino came into power, she had three choices to consider
regarding the constitution. She could restore the Filipino 1935 Constitution,
Reform the 1973 Constitution or pass a new constitution. She chooses the latter or
to pass a new constitution.
 The Philippines 1987 Constitution is similar to the U.S. Constitution in that it
calls for three branches of government – Executive, Legislative and Judicial.
 Here is what each of these government branches means in the Philippines:
• Executive Branch – This branch is headed by the president and his or her
appointed cabinet members.

• Legislative – This is the Senate and House of Representaives who will enact the
laws. The legislative has 24 senators and then the House is represented by district
representatives.

• Judicial – The Judicial consists of the Supreme Court and lower courts
EXECUTIVE BRANCH

 ArticleVII, Section 1, of the 1987 Constitution vests

executive power on the President of the
Philippines. The President is the Head of
State and Head of Government, and functions as the
commander-in-chief of the Armed Forces of the
Philippines. As chief executive, the President
exercises control over all the executive departments,
bureaus, and offices.
EXECUTIVE BRANCH

 The President of the Philippines is elected by

direct vote by the people for a term of six
years. He may only serve for one term, and is
ineligible for reelection. The term of the
President of the Philippines starts at noon of
the 30th day of June after the election.
LEGISLATIVE BRANCH

 According to the 1987 Constitution, legislative power shall be

vested in the Congress of the Philippines, which shall consist
of a Senate and a House of Representatives.
 The Senate shall be composed of twenty-four Senators who
shall be elected at large by the qualified voters of the
Philippines, as may be provided by law; the House of
Representatives shall be composed of not more than 250
(unless otherwise fixed by law), 20 percent of whom must be
Party-list representatives.
JUDICIAL BRANCH

 Judicial branch The judicial power is vested

in the Supreme Court of the Philippines and
lower courts established by law. The Supreme
Court, which has a Chief Justice as its head
and 14 Associate Justices, occupies the
highest tier of the judiciary. The justices serve
until the age of 70
 Thethree branches of the government are based on the
U.S. Constitution. Each of the branches shares equal
power, and all have limited control.
 The limits of power were instituted to safeguard against
abusing martial law. The President can still declare martial
law, but the martial law will automatically expire after 60
days; Congress can accept or reject martial law rule.
 Inside the 1987 Philippines Constitution
 The Filipino 1987 constitution is essential as it sets out the rights of
the individuals along with the government’s power and authority. It
is a constitution that helps hold the Filipino society together and
ensures that it doesn’t go into chaos. The Philippines’ 1987
Constitution is essential as it helps to add stability to the Philippines
while also outlining the rights of the individuals.
  The Philippines 1987 Constitution consists of several sections. The summary for each
of these sections are:
• Preamble – The Preamble introduces the constitution. It follows a lot of the past
Philippine consitutions inlcuding an appeal to God.

• Article 1 – National Territory – The national territory section list out the territory of
the Philippines which includes all the archipelgao and all the islands and waters insider
the terriotory.

• Article II – Declaration of Principles and States Policies – The principles and state
policies section lists out the basic social and political creed of the Philippines. Most
notably is that the Phillipines is a democractic state and the family is the basic unit of
the state
• Article III – Bill of Rights – The bill of rights talks abotu the protections of the people
against the abuse of power by the state. This is very similar to many of the provisions in
the U.S. Constitution.

• Article IV – Citizenship – The citizenship section defines who is a Filipino citizen and
how a person can become a Filipino citizen.

• Aritcle V – Suffrage – The suffrage section covers who has the right to vote and how.

• Article VI – Legislative Department – The legislative section is about the rights of the
Congress and House of Represenatatives and the powers that they have
• Article VII – Executive Department – The executive section provides for the
power of the president, vice president and others. It also covers terms of office
and election issues.

• Article VIII – Judicial Department – The judical section talks about the power
and role of the Filipino Supreme Court and lower courts.

• Article IX – Consitutional Commissions – The constitution commission in the

constitution establishes three constitutional comissions that are independent of the
three branches of goverment
• Article X – Local Goverment – The local govermetn section talks about the
autonomy and laws for the local government that is not already listed in the Local
Government Code.

• Article XI – Accountability of Public Officers – The pulbic offiecers section

establishes the Office of Ombudsman that is responsible for investigatring and
prosecuritng corruption or other isseus of goverment officials.

• Article XII – National Economy and Patrimony – Article XII lays down the
goals and objectives of the Filipino government in terms of wealth distrbution,
jobs – essentially how to elevate the lives and livilihood of the Filipino
population.
• Article XIII – Social Justice and Human Rights – Article XIII is about the
government giving priority to protect and enchance the rights of the Filipino
people.

• Article XIV – Education, Science and Technology, Arts, Cuture and Sports –
Article XIV outlines how the states will oversea and supervise on all these area of
life in the Philippines.

• Article XV – The Family – Article XV recognizes the Family unite a the basic
foundation of the nation and gives protections for and within the family unit.
• Article XVI – General Provisions – Article XVI contains general provisions
about things as the National flag, Armed Forces Media and Advertising. its also
includes doctrine of sovereign immunity.

• Article XVII – Amendments or Revisions – Article XVII establishes the way the
constitution can be ammended or revised.

• Article XVIII – Transitory Provisions – Article XVII establishes a way to allow

a clean transition to a new constitution
 Revising or Changing the Philippines 1987 Constitution
 Today it is pretty challenging to revise or amend the Philippines’ 1987
constitution. Because of this, the constitution has received some criticism within
the Philippines.
 The constitution only outlines three methods or possible ways the constitution can
be amended or changed. The three methods are:
• Constituent Assembly (Con-Ass)
• Consitutional Convention (Con- Con)
• People’s Initative
OMBUDSMAN

 anofficial appointed to investigate individuals'

complaints against maladministration, especially that
of public authorities.
a government official appointed to receive and
investigate complaints made by individuals against
abuses or capricious acts of public officials
OMBUDSMAN

 Powers, Functions and Duties

 The Office of the Ombudsman shall have the following powers,
functions and duties
1. Investigate and prosecute on its own or on complaint by any person,
any act or omission of any public officer or employee, office or agency,
when such act or omission appears to be illegal, unjust, improper or
inefficient.  It has primary jurisdiction over cases cognizable by the
Sandiganbayan and, in the exercise of his primary jurisdiction, it may
take over, at any stage, from any investigatory agency of Government,
the investigation of such cases (Sec. 15(1) R.A. No. 6770; see also Sec.
13(1), Article XI, 1987 Constitution);
 Direct, upon complaint or at its own instance, any officer or
employee of the Government, or of any subdivision,
agency or instrumentality thereof, as well as any
government-owned or controlled corporations 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 (Sec. 15(2) R.A.
No. 6770; Sec 13(2) Article XI, 1987 Constitution);
 Direct the officer concerned to take appropriate action against a public
officer or employee at fault or who neglects to perform an act or
discharge a duty required by law, and recommend his removal,
suspension, demotion, fine, censure, or prosecution, and ensure
compliance therewith; or enforce its disciplinary authority as provided
in Section 21 or this Act: Provided, That the refusal by any officer
without just cause to comply with an order of the Ombudsman to
remove, suspend, demote, fine, censure, or prosecute an officer or
employee who is at fault or who neglects to perform an act or
discharge a duty required by law shall be ground for disciplinary action
against said officer (Sec. 15(3) R.A. No. 6770; see also Sec 13(3), Article XI,
1987 Constitution);
 Direct the officer concerned, in any appropriate case, and
subject to such limitations as it may provide in its rules of
procedure, 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 (Sec. 15(4) R.A. No. 6770; see
also Sec. 13(4), Article XI, 1987 Constitution);
 Request any government agency for assistance
and information necessary in the discharge of its
responsibilities, and to examine, if necessary,
pertinent records and documents (Sec. 15(5), R.A.
No.6770; see also Sec. 13(5), Article XI, 1987
Constitution);
 Publicize matters covered by its investigation of
the matters mentioned in paragraphs (1), (2), (3)
and (4) hereof, when circumstances so warrant
and with due determine what cases may not be
made public:  Provided further, That any publicity
issued by the Ombudsman shall be balanced, fair,
and true (Sec 15(6) R.A. No. 6770; see also Sec 13(6),
Article XI, 1987 Constitution);
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  (Sec 15(7)
R.A. No. 6770; see also Sec 13(7), Article XI, 1987
Constitution);
Administer oaths, issue subpoena and
subpoena duces tecum, and take testimony in any
investigation or inquiry, including the power to
examine and have access to bank accounts and
records  (Sec 15(8), R.A. No. 6770);
Punish for contempt in accordance with the Rules of
Court and under the same procedure and with the
same penalties provided therein  (Sec 15(9), R.A. No.
6770);
Delegate to the Deputies, or its investigators or
representatives such authority or duty as shall ensure the
effective exercise of performance of the powers, functions,
and duties herein or hereinafter provided (Sec 15(10), R.A. No.
6770);
Investigate and initiate the proper action for the recovery of
ill-gotten and/or unexplained wealth amassed after February
25, 1986 and the prosecution of the parties involved
therein (Sec 15(11), R.A. No. 6770);
CONSTITUTIONAL COMMISSIONS

 The Constitution of the Philippines provides for the creation of

the three Constitutional Commissions: the Civil Service
Commission; the Commission on Elections; and the
Commission on Audit.
 The constitutional commissions, namely the Civil Service
Commission, Commission on Audit, and Commission on
Elections, are empowered to appoint their own personnel in
accordance with law, exercise fiscal autonomy, and promulgate
their own rules concerning pleadings and practices before them
or before any of their offices.
CIVIL SERVICE COMMISSION

 The Civil Service Commission, headed by a

chairperson and two commissioners, is the
Government’s central personnel agency and is tasked
with establishing a career service, strengthening the
merit and rewards system, integrating all human
resource development programs, and
institutionalizing a management climate conducive to
public accountability in the bureaucracy.
COMMISSION ON AUDIT

 TheCommission on Audit, headed by a

chairperson and two commissioners,
examines, audits, and settles all accounts
pertaining to the revenue and receipts of, and
expenditures or uses of, funds and property
owned and held in trust by the Government
COMMISSION ON ELECTION

.The Commission on Elections, headed by a

chairperson and six commissioners, enforces
and administers all laws and regulations
relative to the conduct of elections, plebiscites,
initiatives, referenda, and recalls.