CONSTITUTION

 

A constitution is a written instrument by which the fundamental powers of government are established, limited and defined, and by which the powers are distributed among several departments for their safe and useful exercise for the benefits of the body politics.

 

It is a written charter, enacted and adopted by the people of the state, through a convention of representatives or in any way the people may choose to act, which a government for them is ordained or established, and by which the people give organic and corporate form to that ideal thing – the state.

 

Types of Constitution

 

There are several types of a constitution.

1.          Written constitution is a kind of a constitution whose provisions are all contained in a single document. A good example of this constitution is the Philippine constitution.

2.          Unwritten constitution is a kind of constitution where the provisions are not contained in a single document but rather in different documents which are considered as part of the fundamental law of the land. A more appropriate term for this kind would be un-compiled constitution. The constitution of United Kingdom is fine example of this type of constitution.

3.      Conventional or enacted constitution is a type of constitution that was formulated by a constitutional convention that is called to draft the constitution.

 

4.          Cumulative or evolved constitution is a constitution which is not drafted by a positive act of the state but it developed as a part of the history of the nation.

 

5.          Rigid or inelastic constitution is one which cannot be easily amended unless such amendment is provided for by the constitution itself.

Parts of a Constitution

 

The Constitution is a fundamental law has three major parts namely:


1.          Constitution of Government which refers to those provisions which set up the government structure specifically, Articles VI,VII,VIII,IX and X of the 1987 Constitution.

2.          Constitution of Liberty are the provisions which guarantee individual fundamental liberties against governmental abuse specifically provided in Articles III,IV,V,XII,XIII,XIV and XV of the 1987 Constitution and

3.          Constitution of Sovereignty which refers to those provisions which outline the process whereby the sovereign people may change the constitution. These are provided in XVII and Article II Section 1 of the 1987 Constitution.(Duka,2010)

 

Essential Qualities of a Written Constitution

 

       A desirable written constitution must be broad, brief and definite. It must be broad in the sense that it provides for the organization and structure of the entire government. It must embody the political history of the nation, the present realities and future prospects of the nation’s destiny.

The constitution must be brief for it must limit itself to the basic principles and leave the implementations of such fundamental principles to the sound judgement of the legislative department. It must be definite in order to avoid unnecessary ambiguities which would later on lead to confusion, brought about by the different interpretations and constructions of its provisions (Cruz, 2003).

 

THE 1987 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 proper understanding of our organic law. Among these principles as contained in the new Constitution are the following:


1.          Recognition of the aid of the Almighty God. (See Preamble)

2.          Sovereignty of the people (Art. II, Sec 1):

3.          Renunciation of war as an instrument of nation policy (Art.II, Sec 2);

4.          Supremacy of civilian authority over the military (Art II, Sec 3);

5.          Separation of church and state (Art II, Sec 6);

6.          Recognition of the importance of the family as a basic social institution and of vital role of the youth in nation-building (Art. II, Sec. 12,13; Art. XV);

7.          Guarantee of Human Rights (Art. III, Sec 1-22)

8.          Government through suffrage (Art V, Sec 1);

9.          Separation Powers ( Art VI, Sec 1);

10.      Independence of the Judiciary (Art VIII, Sec 1);

11.      Guarantee of local autonomy ( Art X, Sec 2);

12.      High sense of public service morality and accountability of public officers (Art XI, Sec 1);

13.      Nationalization of natural resources and certain private enterprise affected with public interest (Art XII, Sec 2, 3 ,17 , 18);

14.      Non-suability of the State (Art. XVI, Sec. 3);

15.      Rule of the majority; and

16.      Government of laws and not of men


PREAMBLE

 

       The term preamble is derived from the Latin word “perambulate” which means to walk before. It is the introduction to the main subject.

It is the prologue of the Constitution. The preamble of the 1987 constitution is reproduced hereunder:

       “We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality and peace, do ordain and promulgate this Constitution”

 

ARTICLE I – NATIONAL TERRITORY

 

       The National Territory comprises the Philippine Archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains , including its territorial seas, the seabed, subsoil, the insular shelves, and other submarine areas. The water around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.


ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES


The function of the Declaration of Principles and State Policies in the constitution are:

1.          To shed light on the meaning of the other provisions of the constitution; and

2.          To guide all departments in the implementation of the Constitution

 

 

ARTICLE III – THE BILL OF RIGHTS

The Bill of Rights may be defined as declaration and enumeration of the individual rights and privileges which the Constitution is designed to protect against violations by the government or by individual or groups of individuals. It is a charter of liberties for the individual and a limitation upon the power of the state.

 

Classification of Rights


1.          Natural Rights – right possessed by every citizen without being granted by the State for they are conferred by God to human being so that he may live a happy life. Ex. The right to live and the right to love.

2.          Constitutional Rights – rights conferred and protected by the Constitution. Since they are part of the fundamental law, they cannot be modified or taken away by the law- making body.

 

Classification of the Constitutional Rights

 

1.          Political Rights – rights which give citizens the power to participate directly or indirectly, in the establishment or administration of the government. Ex: rights of citizenship and suffrage.

2.          Civil Rights – right which the law will enforce at the instance of private individuals for the purpose of securing them the enjoyment of their means of happiness.

2.1.    Social and Economic Rights – rights are intended to insure the well being and economic security of the individual.

2.2.    Rights of the Accused – Intended for the protection of a person accused of any crime.

3.          Statutory Rights – provided by law promulgated by the law making body and consequently, may be abolished by the same body.

 

Ex: rights to receive a minimum wage and to inherit property.

The Rights of the Individual As Provided by the Bill of Rights


1.          No person shall be deprived of life, liberty, or property without due process of law nor shall any person be denied the equal protection of the laws.

2.          The right of person to be secured in their persons, houses, papers, and effect against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall be issued except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complaint and the witnesses he may produce, and particularly describing the place to be search and the persons or things to be seized.

3.          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. Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in proceeding.


4.          No law shall be passed abridging the freedom of speech, of expression, or of the press, or right of the people peaceably to assemble and petition the government for redress of grievances.

5.          No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof.


6.          The liberty of abode and 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.

7.          The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development shall be afforded the citizen, subject to such limitations as may be provided by law.

8.          The right pf the people, including those employed in the public and private sectors, to for union, associations, or societies for purposes not contrary to law shall not be abridged

9.          Private property shall not be taken for public use without just competition.

10.      No law impairing the obligation of contracts shall be passed.

11.      Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

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, intimidating, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, 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 against him (4) The law shall provide for penal and civil sanctions for violations of this section as well 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.

13.      All persons, except those charged with offenses punishable by reclusion Perpetua when evidence of guilt is strong, shall before conviction, be bail able 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.

14.      No person shall be held to answer for a criminal offense due process of law. In all criminal prosecution, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and by counsel, to be informed of the nature and cause of 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 witness and the production of compulsory process to secure the attendance of witness 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.

15.      The privilege of the writ of habeas corpus shall not be suspended except in case of invasion or rebellion when the public safety requires it

16.      All persons shall have the right to a speedy disposition of cases before all judicial, quasi-judicial, or administrative bodies.

17.      No person shall be compelled to be a witness against himself.

18.      (1) No person shall be detained solely by reason of his political beliefs and aspiration. (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.


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 death with by law.

 

20.      No person shall be imprisoned for debt or non-payment of a poll tax.

21.      No person shall be twice put in jeopardy of punishment for the same offense.

22.      No expose facto law or bill of attainder shall be enacted.

 

ARTICLE IV – CITIZENSHIP

 

       Citizenship denotes membership of a permanent character in a political community. A citizen of a state is one who owes allegiance to it and is correspondingly entitled to its protection.

 

Modes of acquiring citizenship

       A person’s citizenship may be acquired either by birth or by naturalization. Those who acquired citizenship by birth are considered as natural born citizens.


There are two principles in acquiring citizenship by birth – jus snguinis and jus soli principles.


1.    Citizenship by birth


       A person’s citizenship is determined at the time of his birth by following either of the following principles:

 

A.    jus sanguinis – under this principle a child follows the nationality or citizenship of the parents regardless of the place of his birth.

 

B.    jus soli – under this principle a child citizenship is determined by the place of his birth.


The Philippines adheres to the jus sanguinis principle

 

       The Philippine law on citizenship adheres to the principle of jus sanguinis.

Thereunder, a child follows the nationality or citizenship of the parents regardless of the place of his/her birth, as opposed to the doctrine of jus soli which determines nationality or citizenship on the basis of place of birth. (Valles vs Commission on Elections, G.R. No.137000, August 9, 2000)

2.    Citizenship by naturalization

       Naturalization refers to an act whereby a person acquires a citizenship different from that person’s citizenship at birth. Naturalization is most commonly associated with economic migrants or refugees who have immigrated to a country and resided there as aliens, and who have voluntarily and actively chosen to become citizens of that country after meeting specific requirements.

A.    Administrative Naturalization under Republic Act No. 9139, also known as the Administrative Naturalization Act of 2000.


Special Committee on Naturalization

There shall be constituted a Special Committee on Naturalization herein referred to as the “Committee”, with the Solicitor General as chairman, the Secretary of Foreign Affairs, or his representative, and the National Security Adviser, as members, with the power to approve, deny or reject applications for naturalization as provided in this Act. (Section 6, R.A.9139)

 

 

b. Judicial Naturalization under Commonwealth Act No. 473

The applicant for naturalization must file his petition for naturalization with the Court.

c. Citizenship by Congressional grant

The Congress of the Philippines may enact a law which would grant an alien an outright Philippine citizenship.

An example of this mode of acquiring Philippine citizenship by an alien is Republic Act No. 8266 which was approved on February 20, 1997 and granted Filipino citizenship to Rev. Fr. Paul Van Parijs, CICM, a Belgian citizen and a Roman Catholic Priest of the Congregation of the Immaculate Heart of Mary (CICM). (Duka, 2010)

 

 

Natural born citizens

 

Based on the express provisions of the 1987 Constitution, the following are natural born citizens of the Philippines:

 

1.          Citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship;

 

2.          Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the age majority.

 

 

Duties and Obligations of a Citizen


1.          To be loyal to the Republic

2.          To defend the State

3.          To contribute to the development and welfare of the State

4.          To uphold the Constitution and obey the laws

5.          To cooperate with the duly constituted authorities

6.          To exercise rights responsibly and with due regard for the rights of other

7.          To engage in gainful work

8.          To register and vote


ARTICLE V – SUFFRAGE

 

Suffrage is the right and obligation to vote of qualified citizens in the election of certain national and local officers of the government and in the decision of public questions submitted to the People.


Scope of Suffrage

 

1.          Election – A political exercise whereby the sovereign people chose a candidate to fill up an elective government position.

2.          Plebiscite – A political right of the sovereign people to ratify or eject constitutional amendments or proposed laws.

3.          Referundum – the right reserved to the people to adopt or reject any act or measure which has been passed by a legislative body and which in most cases would without action on the part of the electors become law.

4.          Initiative – the power of the people to propose bills and laws, and to enact or reject them at the polls, independent of the legislative assembly.

5.          Recall – a system by which an elective official is removed by popular vote before the end of his term.

       Persons Disqualified to Vote. Any person who has been sentenced by final judgment to suffer imprisonment for not less than one year, such disability not having been removed by plenary pardon or granted amnesty. But such person shall automatically reacquire the right to vote upon expiration of five years after service of sentence;

       Any person who has been adjudged by final judgement by competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the anti-subversion and firearms laws, or any crime against national security, unless restored to his full civil and political rights in accordance with law. Such person shall likewise automatically regain his right to vote upon expiration of five years after service of sentence; and

Insane or incompetent persons as declared by competent authority.

 

ARTICLE VI – LEGISLATIVE DEPARTMENT


       Legislative power is essentially the authority under the Constitution to make laws and to alter and repeal them. Under the present set-up, the legislative department is divided into two chambers: the Senate with 24 members and the House of Representatives with note more than 250 members, 20 percent of which comes from the party list representatives.

 

Qualification of Senators

 

1.          Natural born Citizens of the Philippines

2.          At lest 35 years old on the day of election

3.          Able to read and write

4.          A registered voter

5.          A resident of the Philippines for 2 years preceding the day of election

 

Qualifications of Representatives

 

1.          Natural born Citizens of the Philippines

2.          At least 25 years old on the day of election

3.          Able to read and write

4.          A registered voter in his district (except the party list)

5.          A Resident of the Philippines for at least a year before the day of election

 

 

HOW A BILL BECOMES A LAW

 

The Party – list system

       Based on Article VI, Section 5 (2) of the Constitution as implemented by Republic Act No. 7941, the different sectors of the Philippine society like the farmers, labors, education, women, youth and others except the religious sector shall be represented in the congress.

       The different sectors from a party and register their respective parties with the Commission on Elections. The voters for the party that they want in the ballot on Election Day and the Party who garners at least two per cent of the votes will be entitled to one party list representative in Congress.

 

ARTICLE VII – EXECUTIVE DEPARTMENT

 

       The executive power is vested in the President of the Philippines. Executive power is defined as the power to administer the laws, which means carrying them into practical operation and enforcing their due observance.

 

Qualifications of the President and Vice-President

 

1.    A natural born citizen of the Philippines

2.    A registered voter

3.    Able to read and write

4.    At least forty (40) years of age on the day of the election for President

5.    A resident of the Philippines for at least ten years immediately preceding such election.

 

1.          List of Philippine Presidents

1.          Emilio Aguinaldo (January 23, 1899 – April 1, 1901)

2.          Manuel L. Quezon (November 15, 1935 – August 1, 1944)

3.          Jose P. Laurel (October 14, 1943 – August 17, 1945)

4.          Sergio Osmeña (August 1, 1944 – May 26, 1946)

5.          Manuel A. Roxas (May 26, 1946 – April 15, 1948)

6.          Elpidio Quirino (April 17, 1948 – December 30, 1953)

7.          Ramon Magsaysay (December 30, 1953 – March 17, 1957)

8.          Carlos Garcia (March 18, 1957 – December 30, 1961)

9.          Diosdado Macapagal (December 30, 1961 – December 30 1965)

10.      Ferdinand Marcos (December 30, 1965 – February 25, 1986)

11.      Corazon Aquino (February 25, 1986 – June 30, 1992)

12.      Fidel Ramos (June 30, 1992 – June 30, 1998)

13.      Jose Ejercito Estrada (June 30, 1998 – January 20, 2001)

14.      Gloria Arroyo (January 20, 2001 – June 30, 2010)

15.      Benigno Simeon Aquino, III (July 1, 2010 – June 30, 2016)

16.      Rodrigo Roa Duterte (July 1, 2016 – June 30, 2022)

 

 

List of Philippine Vice Presidents

 

1.          Mariano Trias (January 23, 1899 – April 1, 1901)

2.          Sergio Osmeña (November 15, 1935 – August 1, 1944)

3.          Benigno Aquino Sr. and Ramon Avancena (October 14, 1943 – August 17, 1945)

4.          Elpidio Quirino (May 26, 1946 – April 15, 1948)

5.          Fernando Lopez (April 17, 1948 – December 30, 1953)

6.          Carlos Gacria (December 30, 1953 – March 17, 1957)

7.          Diosdado Macapagal (March 18, 1957 – December 30, 1961)

8.          Emmanuel Pelaez (December 30, 1961 – December 30, 1965) 9. Fernando Lopez (1965 – 1969 and 1969 – 1972)

9.          Salvador Laurel (Febuary 25, 1986 – June 30, 1992)

10.      Jose Ejercito Estrada (June 30, 1992 – June 30, 1998)

11.      Gloria Arroyo (June 30, 1998 – January 20, 2001)

12.      Teofisto Guingona (January 20, 2001 – June 30, 2004)

13.      Manuel De Castro (July 1, 2004 – June 30, 2010)

14.      Jejomar Binay (July 1, 2010 – June 30, 2016)

15.      Maria Leonor Robredo (July 1, 2016 – June 30, 2022)

 

ARTICLE VIII – JUDICIAL DEPARTMENT

 

       The Judicial power is vested in the Supreme Court and in such lower courts as may be established by law. Judicial power is the power to apply the laws to contests or disputes concerning legally recognized right or duties between the state and private persons, or between individual litigants in cases properly brought before the judicial tribunal.

The Supreme Court is composed of a Chief Justice and 14 Associate Justices. It may sit end banc or in its discretion, in division of three, five or seven members.


Qualifications of the Justices


1.          A natural born citizen of the Philippines

2.          At least 40 years old

3.          A judge or a law practitioner for 15 years in the Philippines

4.          A person of proven competence, integrity, probity and independence

 

The Judicial and Bar Council nominates at least three candidates to the President for every vacant position in the Supreme Court and other lower courts.

 

 

It is the body that screens and nominates to the president prospective appointees to Philippine courts. It is composed of:

 

 

1.          Chief Justice – ex- officio chairman

2.          Secretary of Justice

3.          Representative from Congress

4.          Representative from integrated Bar of the Philippines

5.          A professor of law

6.          A retired member of the Supreme Court

7.          A representative of the private sector

 

 

ARTICLE IX – CONSTITUTIONAL COMMISSIONS

       The Constitutional Commissions which are independent are the Civil Service Commission, the Commission on Election and the Commission on Audit. Their creation is established in the Constitution because of the extraordinary importance of their functions and the need to insulate them from undesired political interference of pressure.

 

Their independence cannot be assured if they were to be created merely by statute.

 

The Civil Service Commission

       The term civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters.

       The Civil Service Commission is composed of a Chairman and two Commissioners who shall be: natural-born citizens of the Philippines, at the time of their appointment, at least thirty-five years of age, with proven capacity for public administration and must not have been candidates for any elective position in the elections immediately preceding their appointment.

 

The chairman and the two commissioners are appointed by the president with the concurrence of the Commission on Appointments for seven years without any reappointment.

 

The Commission on Elections (COMELEC)

       The Commission on Elections is composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines, at the time of their appointment, at least thirty five years of age, holders of a college degree, and must not have been candidates for any elective positions in the immediately preceding elections.

However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. The Chairman the Commissioners are appointed by the President with the concurrence of the Commission on Appointments for seven years without any reappointment.

The Commission on Audit (COA)

       The Commission on Audit is composed of a Chairman and two Commissioners, who shall be natural born citizens of the Philippines. At the time of their appointment, at least thirty years of age, Certified Public Accountants with not less than ten years of auditing experience, or members of the Philippine Bar who have been engaged in the practice of law for at least ten years, must not have been candidates for any elective position in the elections immediately preceding their appointment.

 

At no time shall all Members of the Commission belong to the same profession.

 

The chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

 

ARTICLE X – LOCAL GOVERNMENT

The term local government refers to a political subdivision of a nation or state which is constituted by law and has substantial control of local affairs, with officials elected or otherwise locally selected. The implementing law for this Article is Republic Act 7160 or the Local Government Code of 1991.

 

Region- A sub-national administrative unit comprising of several provinces having more or less homogenous characteristics, such as ethnic origin if inhabitants, dialect spoken, agricultural produce, etc.

Province – The largest unit in the political structure of the Philippines. It consists, in varying numbers, of municipalities and, in some cases, of component cities.

Its functions and duties in relation to its component cities and municipalities are generally coordinative and supervisory.

City – There are three classes of cities in the Philippines: the highly urbanized, the independent component cities which are independent of the province, and the component cities which are part of the provinces where they are located and subject to their administrative supervision

Municipality – Is a political corporate body which is endowed with the facilities of a municipal corporation, exercised by and through the municipal government in conformity with law.

It is a subsidiary of the province which consists of a number of barangays within its territorial boundaries, one of which is the seat of government found at the town proper (Poblacion).

Barangay – The smallest political unit into which cities and municipalities in the Philippines are divided. It is the basic unit of the Philippine political system.

It consists of less than 1,000 inhabitants residing within the territorial limit of a city or municipality and administered by a set of elective officials, headed by a barangay chairman (punong barangay).

 

City Classification

Highly urbanized Cities – Cities with a minimum population of two hundred thousand (200,000) inhabitants, as certified by the Philippines Statistics Authority, and with the latest annual income of at least One Hundred Million Pesos (100,000,000,) as certified by the city treasurer.

Independent Component Cities – Cities whose charters prohibit their voters from voting for provincial elective officials. Independent component cities shall be independent of the province.

Component Cities – Cities which do not meet the above requirements shall be considered component cities of the province in which they are geographically located.

If a component city is located within the boundaries of two (2) or more provinces, such city shall be considered a component of the province which it used to be a municipality.

 

LIST OF PROVINCES

 

As of December 31, 2017 there are 17 regions, 81 provinces, 144 cities, 1490

Municipalities and 42029 barangays

 

 

Region I (Ilocos Region)  

 

Ilocos Norte   

Ilocos Sur      

La Union 

Pangasinan    

 

Region II (Cagayan Valley)

 

Batanes

Cagayan

Isabela

Nueva Vizcaya

Quirino

 

 

REGION III (Central Luzon)    

(Aurora) 

Bataan   

Bulacan  

Nueva Ecija    

Pampanga     

Tarlac     

Zambales

 

REGION VIII (Eastern Visayas)

(Eastern Samar)

Leyte

Northern Samar

Samar (Western Samar)

Southern Leyte

Biliran


REGION IV (Southern Tagalog)

Region IV A-CALABARZON

Cavite

Laguna

Batangas

Rizal

Quezon

 

REGION IV B-MIMAROPA  

Occidental Mindoro

Oriental Mindoro

Marinduque    

Romblon

Palawan

 

REGION V (Bicol Region)

Albay

Camarines Norte

Camarines Sur

Catanduanes  

Masbate

Sorsogon

 

REGION VI (Western Visayas)

Aklan

Antique

Capiz

Guimaras

Ilo-Ilo

Negros Occidental


REGION VII (Central Visayas)

Bohol

Cebu

Negros Oriental

Siquijor

 

REGION VIII (Eastern Visayas)

(Eastern Samar)

 

Leyte

Northern Samar

Samar (Western Samar)

Southern Leyte

Biliran

 

REGION IX (Zamboanga Peninsula)

Zamboanga Del Norte

Zamboanga Del Sur

Zamboanga Sibugay

 

REGION X (Northern Mindanao)

 

Bukidnon

Camiguin

Lanao Del Norte

Misamis Occidental

Misamis Oriental

 

REGION XI (Davao Region)

 

Davao Del Norte

Davao Del Sur

Davao Oriental

Davao Occidental

Compostela Valley

 

REGION XII (SOCCSKSARGEN)

South Cotabato

Sultan Kudarat

Cotabato (North Cotabato)

Sarangani

 

REGION XIII (Caraga)

Agusan Del Norte

Agusan Del Sur

Surigao Del Norte

Surigao Del Sur

Dinagat Islands

 

 

CAR- Cordillera Administrative NCR-NATIONAL CAPITAL REGION

 

Region

City of Manila

Municipality City

 

Abra

Quezon City

Las Piñas City

Benguet

Caloocan City

Parañaque City

 

 

Pasig City

San Juan City

 

Ifugao

Pasay City

Taguig City

 

Kalinga

Makati City

Pateros

 

Mountain Province

Mandaluyong City

Navotas City

 

Apayao

Marikina City

Valenzuela City

 

 

 

 

Malabon City

 

 

 

ARMM – Autonomous Region in Muslim Mindanao

Basilan

Lanao Del Sur

Maguindanao

Sulu

Tawi-Tawi


ARTICLE XI – ACCOUNTABILITY OF REPUBLIC OFFICERS

       A public office is the right, authority and duty created and conferred by law which, a given period either fixed by law or enduring at the pleasure of the appointing power, an individual is invested with some portion of the sovereign functions of the government to be exercised by him for the benefit of the public. This individual so invested is a public officer.

       Section 1. It enunciates the principle of public accountability. It sets down in unequivocal terms the mandate that all government officials and employees, whether they be highest in the land or the lowest public servants, shall at all times be answerable for their misconduct to the people from whom the government derives its powers.

Impeachment is a method of national inquest into the conduct of public men.


Impeachable Officials

1.    President

2.    Vice President

3.    Members of the Supreme Court

4.    Members of the Constitutional Commissions

5.    Ombudsman


The Grounds for impeachment are

1.    Culpable violation of the Constitution

2.    Treason

3.    Bribery

4.    Graft and corruption

5.    Other high crimes

6.    Betrayal of public trust


The Ombudsman (Tanodbayan)

       There shall be one Ombudsman and one overall Deputy and at least one Deputy each for Luzon, Visayas and Midanano and one Deputy for the military establishment.

 

The Ombudsman and his Deputies shall be appointed by the President from a list of six nominees prepared by the judicial and Bar Council, without the need for confirmation by the Commission on Appointments.

       The Ombudsman and his deputies must be natural born citizens of the Philippines; at least forty years old at the time of appointment; members of the Philippine Bar (lawyers); and must not be candidates in any elective office in the preceding election.

       The Ombudsman has a duty to investigate upon his own initiatives or upon complaints of any person any act or omission of any public official, office or agency when such act or omission appears to be illegal, unjust improper, or inefficient.

He can 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

 

ARTICLE XII – NATIONAL ECONOMY AND PATRIMONY

 

       The national economy refers to the entire structure of economic life in a country. It encompasses all the activities relating to or concerned with the production, distribution and consumption of goods and services, and what are called” factors of production’ which are utilized to carry out these activities.

       The national patrimony refers to the natural resources of our country which under the Constitution includes all lands of the public domain, waters, minerals, coal, petroleum, etc. It is the obligation of every generation to love and care for their national patrimony, to conserve and develop it for the benefit of succeeding generations.

ARTICLE XIII – SOCIAL JUSTICE AND HUMAN RIGHTS

       Social justice is not a mere slogan to express concern for the plight of the poor and the downtrodden. As a mandate imposed by the constitution, it requires the adoption by the State of measures that guarantee the right of all the people to equality of opportunity in all fields of human endeavor and to equitable sharing of social and economic benefits with special emphasis on such measures that ameliorate the standard of living of the under privileged groups.

       The end of social justice measures or programs should be to assure that those who are less favored in life be more favored in law.


ARTICLE XIV – EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS


    The states shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all.

       Establish, maintain and support a complete, adequate and integrated system of education relevant to the needs of the people and society;

       Establish and maintain a system of free public education in the elementary and high school levels.

Without limiting the natural rights of parents to rear their children, elementary education is compulsory for all children of school age;

       Establish and maintain a system of scholarship grants, student loan programs, subsidies and other incentives which shall be available to deserving students in both public and private schools, especially to the underprivileged;

       Encourage non-formal, informal and indigenous learning system, as well as self-learning, independent and out of school study programs particularly those that respond to community needs.

       Provide adult citizens, the disabled, and out of school youth with training in civics vocational efficiency, and other skills.

       All educational institutions shall include the study of the Constitution as part of the curricula.

       They shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency.

       At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government.

       All educational institutions shall be owned by the Filipinos or corporations or associations of which at least 60 percent is owned by such citizens.

Control and administration of educational institution shall be vested in citizens of the Philippines.

       No school shall be established solely for aliens and no group of aliens shall comprise more than one third of the enrollment in any school.

       All assets of non-stock, nonprofit educational institutions used actually, directly and exclusively for educational purposes shall be exempt from taxes and duties.

       Academic freedom shall be enjoyed by all institutions of higher learning.

       Every citizen has the right to select a profession or a course of study subject to fair, reasonable and equitable admission and academic requirements.


       The state shall enhance the right of teachers to professional advancements.

       The state shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfilment.

 

 

ARTICLE XV – THE FAMILY


The State recognizes the Filipino family as the foundation of the nation.

Accordingly, it shall strengthen its solidarity and actively promote its total development.

       The family is very important to the state because it is the basic social institution.

       The family is the very heart of society and the community’s first socializing agency.

 

 

ARTICLE XVI – GENERAL PROVISIONS

 

The general provisions include the following:

 

1.          The flag of the Philippines and compulsory flag ceremony.

2.          The Congress is given the power to adopt a new name for the country, a national anthem or a national seal.

3.          The principle of non suability of the State.

4.          The Armed Forces of the Philippines to include a citizen armed force.

5.          Assistance to veterans, their widows and orphans.

6.          Review of pensions and other benefits due to retirees.

7.          Protection of consumers.

8.          Ownership and management of mass media by Filipino citizens.

9.          Regulation of the advertising agencies.

10.      Creation of consultative body for indigenous cultural communities.

 

ARTICLE XVII – AMENDMENTS OR REVISIONS

 

       Bot denote a change in the Constitution. Amendment is a change effected in some parts of the Constitution without considering the whole document.

Revision is rewriting or substantially changing the Constitution in its entirety.

       Any amendment to, or revision of, this Constitution may be proposed by:

       The Congress, upon a vote of three-fourths of all its Members; or A constitutional convention.

       Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters therein.

No amendment under this section shall be authorized within five years following the ratification of this Constitution nor oftener than once every five years thereafter.

       The Congress shall provide for the implementation of the exercise of this right.

       The Congress may, by a vote of two thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention.

       Any amendment to, or revision of, this Constitution under section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision.

       Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification by the Commission on Elections of the sufficiency of the petition.

 


ARTICLE XVIII – TRANSITORY PROVISION

 

       The transitory provisions of a Constitution are schedules and ordinances forming part of, or appended to, a Constitution to provide for the transition from the old government to the new and put the provisions of the new Constitution into effect, or to qualify, restrict or limit some permanent provisions for a limited period.

Their main purpose is to obviate confusion which would otherwise arise during the transition period. They have temporary or transient operation.

 


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