A Brief Summary of the Philippine Constitution

by: Ivan Leonardo G. Calaor

Constitution provides the basis for governance in a country, which is essential to making sure that
everyone's interests and needs are addressed. It determines how laws are made, and details the process by
which the government rules. The foundation of the system of government of the Philippines is the constitution.
Constitution defined: In its broad sense, the term constitution refers to the “body of rules and principles in
accordance with which the powers of sovereignty is regularly exercised. The Philippines is a republic with a
presidential form of government wherein power is equally divided among its three branches: executive,
legislative, and judicial. The Legislative branch is authorized to make laws, alter, and repeal them through the
power vested in the Philippine Congress.

The whole article one of the Philippine Constitution states that 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 sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters 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 two, the declaration of principle and state tells us that, the Philippines is a democratic and
republican State. The Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity with all nations.

Article three of the Philippine Constitution is the Bill of Rights. It establishes the relationship of the
individual to the State and defines the rights of the individual by limiting the lawful powers of the State. It is one
of the most important political achievements of the Filipinos. A bill of rights is what the people are entitled to
against every government on earth, general or particular, and what no just government should refuse." It
specified what the government could do but did not say what it could not do. For another, it did not apply to
everyone.

Article four refers to a person's legal status as a legal member of a sovereign state or as a member of a
nation. Citizenship refers to a person's full membership in any state in which he or she possesses civil and
political rights. Natural-born citizens are those who are citizens of the Philippines from birth without having to
perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in
accordance with paragraph 3, Section 1 hereof shall be deemed natural-born citizens.

Article five, suffrage states that all citizens of the Philippines, eighteen years of age or over, and
residents of the Philippines for one year and for at least six months in the city or municipality wherein he/she
proposes to vote immediately preceding the election are qualified to vote.

Article six, the legislative department is authorized to make laws, alter, and repeal them through the
power vested in the Philippine Congress. This institution is divided into the “Senate” and the “House of
Representatives”. The Senate is composed of 24 Senators who are elected at large by the qualified voters of
the Philippines. It enacts legislation, confirms or rejects presidential appointments, and has the authority to
declare war. This branch includes Congress (the Senate and House of Representatives) and several agencies
that provide support services to Congress.

Article seven, the executive department is one who conducts diplomacy with other nations and the
President has the power to negotiate and sign treaties, which the Senate ratifies. The president can issue
executive orders, which direct executive officers or clarify and further existing laws. Executive Branch of
government. It 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.

Article eight, the judiciary of the Philippines consists of the Supreme Court, which is established in the
Constitution, and three levels of lower courts, which are established through law by the Congress of the
Philippines. Judicial power rests with the Supreme Court and the lower courts, as established by law. Its duty is
to settle actual controversies involving rights which are legally demandable and enforceable.

Article nine, constitutional commission the revised Philippine Constitution was ratified by a plebiscite
with 76% of votes in the affirmative. An unrelated concept is a "constitutional commission", which is a
commission created by the 1987 Constitution. These are governmental bodies that are independent of the
three main branches of government. (Wikipedia)

The primary function of the constitutional commission is to prepare a draft constitution for consideration
and adoption by another body.  Common provisions, the Constitutional Commissions, which shall be
independent, are the Civil Service Commission, the Commission on Elections, and the Commission on Audit.
Section 2. No member of a Constitutional Commission shall, during his tenure, hold any other office or
employment. The Constitutional Commissions, which shall be independent, are the Civil Service Commission,
the Commission on Elections, and the Commission on Audit. No member of a Constitutional Commission shall,
during his tenure, hold any other office or employment (Gazette, online). The Commission on Elections, usually
abbreviated as COMELEC, is one of the three constitutional commissions of the Philippines. Its principal role is
to enforce all laws and regulations relative to the conduct of elections in the Philippines. The Commission on
Audit is an independent constitutional commission established by the Constitution of the Philippines. It has the
primary function to examine, audit and settle all accounts and expenditures of the funds and properties of the
Philippine government. (Wikipedia)

Article ten, local government, the local government in the Philippines is divided into three
levels: provinces and independent cities, component cities and municipalities, and barangays, all of which are
collectively known as local government units (LGUs). Below barangays in some cities and municipalities are
sitios and puroks. The Constitution of the Philippines recognizes the importance of local governments. It
provides as a policy that "the State shall guarantee and promote the autonomy of the local government units -
especially the barangays to ensure their fullest development as self-reliant communities." (Philippine NET)

Article eleven, accountability on public officers, 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 and justice, and lead modest lives. It implies that the representatives elected by the people must
give explanations of the electorate for all these policies and actions. This is a very important part of democracy
particularly representative form of government. This is a very common cause that a person by whom he is
elected is accountable to him or them.

Article twelve, national economy and patrimony, the national patrimony refers primarily to the natural
resources of the country which under the Constitution include “all lands of the public domain, waters, minerals,
coal, petroleum and other mineral oils, all forces of potential energy, fisheries, forests, or timber, wildlife, flora,
fauna,” and “all marine wealth. The goals of the national economy are a more equitable distribution of
opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the
nation for the benefit of the people; and an expanding productivity as the key to raising the quality of life for all.

Article thirteen, social justice and human rights, Social Justice is all about working towards a more
equal society. Part of this is ensuring that people are treated with dignity and respect by those with public
power, also the main goal of human rights. However, human rights are not just values. While human rights do
not provide any magic bullet to solving social and economic injustices, the framework of human rights
can channel social justice activism in ways that are beneficial to alleviating unnecessary suffering.

Article fourteen, Section 1. The State 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.

Article fifteen, the State recognizes the Filipino family as the foundation of the nation. Accordingly, it
shall strengthen its solidarity and actively promote its total development. Marriage, as an inviolable social
institution, is the foundation of the family and shall be protected by the State. The State shall defend the right of
children to assistance, including proper care and nutrition, and special protection from all forms of neglect,
abuse, cruelty, exploitation, and other conditions prejudicial to their development."

Article sixteen, the State shall protect and promote the right to health of the people and instill health
consciousness among them. The State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature.

Under Section 1 of Article 17 of the 1987 Constitution, the resolution states that any amendment to,
or revision of, the Constitution may be proposed by: (1) The Congress, upon a vote of three-fourths of all its
Members; or (2) A constitutional convention.

The Last Article, Transitory provisions states that the State affirms labor as a primary social economic
force. It shall protect the rights of workers and promote their welfare. The State shall develop a self-reliant and
independent national economy effectively controlled by Filipinos.
EXPLAIN HOW THE CONSTITUTION PROTECTS THE RIGHTS OF CITEZENS IN OUR COUNTRY

A constitution is important because it ensures that those who make decisions on behalf of the public
fairly represent public opinion. It also sets out the ways in which those who exercise power may be held
accountable to the people they serve. The constitution of a democracy guarantees the rights of the people. A
right is a person's justifiable claim, protected by law, to act or be treated in a certain way. Today, constitutional
democracies protect the personal and private rights of all individuals under their authority. The Bill of
Rights protects freedom of speech, freedom of religion, the right to keep and bear arms, the freedom of
assembly and the freedom to petition. It also prohibits unreasonable search and seizure, cruel and unusual
punishment and compelled self-incrimination. The democratic government is obliged by many constitutional
provisions to respect the individual citizen's basic rights. The Constitution's First Amendment guarantees the
rights of conscience, such as freedom of religion, speech, and the press, and the right of peaceful assembly
and petition.

What are the rights available under the Philippine Constitution for the protection of people? Section
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. No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof. Human rights in the Philippines are protected by the Constitution of the
Philippines, to make sure that persons in the Philippines are able to live peacefully and with dignity, safe from
the abuse of any individuals or institutions, including the state. These rights include the right to life and liberty,
personal security, freedom from torture, freedom from discrimination and freedom from arbitrary arrest, among
others.

What is the purpose of the constitution? The purpose of the Constitution is to limit the power of the
government such that the rights of the citizens are protected from government abuse. The three main purpose
of the constitution is that first it creates a national government consisting of a legislative, an executive, and a
judicial branch, with a system of checks and balances among the three branches. Second, it divides power
between the federal government and the states. And third, it protects various individual liberties of American
citizens. Those natural rights of life, liberty, and property protected implicitly in the original Constitution are
explicitly protected in the Bill of Rights. That right of liberty is the right to do all those things which do not harm
another's life, property, or equal liberty.

They include civil and political rights, which refer to a person's rights to take part in the civil and political
life of their community without discrimination or oppression. These include rights and freedoms such as the
right to vote, the right to privacy, freedom of speech and freedom from torture. We have the natural right to
life and liberty and are equal in dignity. Equal concern and respect for these basic rights should be
guaranteed, protected and upheld by the State. The State has the duty to safeguard and assure
the dignity of its peoples as individuals and as members of communities and ensure their capacity
for self-development. The State should formulate policies, enact laws and provide mechanisms
that are in conformity with universal human rights standards. The State has the obligation to
provide the highest standard of living for its citizens by eradicating social, economic, political,
cultural, ethnic and gender inequalities. In the determination and implementation of laws and
policies, the government must always respect and consider the concerns of women, children and
youth, persons with disabilities, the mentally challenged, older persons, indigenous and Moro
peoples, the urban and rural poor, farmers and fisherfolk, workers - local and overseas, public or
private, whether formally employed or not, displaced families and communities and other
vulnerable sectors, with the view to ensuring their empowerment. The diversity and plurality of the
Philippines must be safeguarded through respect and tolerance. The State must respect and
promote harmony and understanding between and among individuals, communities and peoples. It
must uphold non-discrimination among peoples regardless of age, race, ethnicity, religion, gender,
physical ability, sexual orientation, social beliefs and political convictions. Cultural traditions and
institutionalized power shall not serve as justification for any form of violence, abuse, neglect, or
deprivation of human and peoples’ rights.

Human rights are universal, inalienable and indivisible. They are dynamic and continue to
evolve in response to the growing needs, concerns and aspirations of individuals and communities.
These rights are enriched in the course of the struggle for their full recognition. The human and
peoples’ rights affirmed in this declaration are wholly consistent with contemporary international
standards. Nothing in this declaration shall be used to negate or deny any other rights – whether
specified or inferred found in national or international human rights instruments. The promotion of
human and peoples’ rights is pursued through individual and collective action. They are the
product or purposive struggle and are linked to the real conditions and concerns of the people.
While much has been achieved, much remains to be done. In this new millennium, there will
remain the need for human rights defenders so long as repressive regimes, systems and structures
exist that threaten to thwart our gains.