REVIEWER(FUNDA)

CONSTITUTION- Is a WRITTEN INSTRUMENT by which the fundamental powers of the government are established,
limited and defined by which these powers are distributed among the several departments/branches for the benefit of
the people.

KINDS OF CONSTITUTION

 ACCORDING TO THEIR ORIGIN AND HISTORY

1. CONVENTIONAL OR ENACTED - enacted by a constituent assembly with a deliberate enactment.
- adapted, formally created and based on historical events.
Ex. - 1987 Philippine Constitution drafted by Constitutional Commission (Drafted after the people power)
- United States Constitution 1787 by Constitutional Convention (Ratified- Agreement)
- Constitution of India by Constituent Assembly on January 26, 1950 (Longest written constitution in the
world)
2. CUMULATIVE OR EVOLVED - like the English Constitution, one which is a product of growth or a long
period of development originating in customs or judicial decisions rather than a deliberate and formal
enactment.
- develop gradually overtime
- based on customs, judicial decisions and legislative action
Ex. – British who develop overtime
 AS TO THEIR FORM
1. WRITTEN - one which has been giving definite written form at a particular time, usually constituted
authority called a “constitutional convention”
-formal document that defines the structure or government distributions of power and rights of the
citizens
Ex. – United States Constitution (The oldest written constitution which still in use)
2. UNWRITTEN - consist 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
-not modified in single document based on customs, conventions, historical decision and precedence
Ex. – The British Constitution that pertains to their customs
1. Statutes (Law passed by the parliament, magna karta, bill of rights )
2. Common Law – judicial decisions
3. Conventional- established practices
4. Work of Authority- scholarly writings

 AS TO MANNER OF AMENDING THEM

1. RIGID OR INELASTIC - cannot be amended or altered except by some special machinery more cumbrous
than ordinary legislative process.

-Difficult to amend or change, requires more complex(confusing) and lot of hearings

-Two(2) Components

1. Amendments Difficulties- super majority of legislative and public voting

2. Stability- provides long term planning
Ex.- The United States and Australian
 2. 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.

- Can be amended easily

- 2 key points

1. Ease of amendment- simple

majority CONSTITUTION STATUTE legislative (Cumbersome-
not difficult, hard or tough)
 A legislation direct from  A legislation from
2. Adaptability- quicker
the people the people’s
adaptation/changing
 Merely states the representatives
general framework of  Provides the details
the law of the subject it
 Not merely to meet treats
existing conditions  To meet existing
 The supreme or conditions only
fundamental law  Law born-out from
the Constitution

1987 PHILIPPINE CONSTITUTION

ARTICLE I - NATIONAL TERRITORY

-Defines the national territory of the Philippines, which includes its land, water and airspace, as well as all its islands and
water surrounding them.

ARTCILE II - DECLARATION OF PRINCIPLES AND STATE POLICIES

-It lays out the basic social and political creed of the Philippines, particularly the implementation of the constitution and
sets forth the objectives of the government.

ARTCILE III - BILL OF RIGHTS

-It enumerates specific protections against the abuse of state power, most of which are similar to the provisions of the
US Constitution of public concern.

ARTICLE IV – CITIZENSHIP

-Defines the citizenship of Filipinos. It enumerates two kinds of citizens: natural-born citizens and naturalized.

ARTICLE V - SUFFRAGE

-Mandates various age and residence qualifications to vote and a system of secret ballots and absentee voting. It also
mandates a procedure for overseas and disabled and illiterate Filipinos to vote.

ARTICLE VI - THE LEGISLATIVE DEPARTMENT

-Provides for a bicameral legislature called the Congress composed of the Senate and the House of Representatives. It
vests upon Congress, among others, the power of investigation and inquiry in aid of legislation, the power to declare the
existence of a state of war, the power of the purse, the power of taxation, and the power of eminent domain.

ARTICLE VII - THE EXECUTIVE DEPARTMENT

-Provides for a presidential form of government where the executive power is vested on the President.

ARTICLE VIII - THE JUDICIAL DEPARTMENT

-Vests the Judicial power upon the Supreme Court and other lower courts as established by law. While the power of
appoint justices and judges still reside with the President.

ARTICLE IX - CONSTITUTIONAL COMMISSIONS

-Establishes three constitutional commissions: the civil service commission, the commission on elections, and the
commission on audit.

ARTICLE X - LOCAL GOVERNMENT

-Pursue for local autonomy and mandates Congree to enact a law for the local government, now currently the Local
Government Code.

ARTICLE XI - ACCOUNTABILITY OF PUBLIC OFFICE

-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 and justice, and lead modest
lives.

ARTICLE XII. NATIONAL ECONOMY AND PATRIMONY

-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.

ARTICLE XIII - SOCIAL JUSTICE AND HUMAN RIGHT

-The state shall regulate the acquisition, ownership, use and disposition of property and its increments.

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

-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 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.

ARTICLE XVI - GENERAL PROVISIONS

-The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the
people and recognized by law.

ARTICLE XVII - AMENDMENTS OR REVISIONS

-The Congress, upon a vote of three-fourths of all its members.

ARTICLE XVIII - TRANSITORY PROVISIONS

-The first elections of members of the Congress under the 1987 Philippine Constitution shall be held on the Second
Monday of May, 1987
 CONSTITUTION OF THE PHILIPPINES

The 1899 Malolos Constitution

 The first republican constitution drafted during the Philippine Revolution against Spanish rule.
 Government Structure: It established a democratic, republican government (legislative, executive and judiciary)
 Separation of Church and State: The constitution recognized the freedom and equality of all religions and
emphasized separation.
 Sovereignty was vested exclusively in the people
 The First Philippine Republic was inaugurated on January 21, 1899 with Emilio Aguinaldo as President

The 1935 Constitution

 The Constitution was drafted as part of the transition plan towards Philippine Independence, following the
passage of the Tydings-McDuffie Act in 1934.
 Structure: It established a republican state with a Presidential system similar to the American model. The
government was divided into three branches: Executive, Legislative, and Judicial.
 Executive Branch: The President was elected for a four-year term and could be re-elected for one additional
term.
 Legislative Branch: A bicameral legislature consisting of the Senate and the House of Representatives.

The 1943 Constitution

 Structure: It was established as a republican state with a strong executive branch. The President was elected by
the National Assembly and had significant powers.
 President Jose P. Laurel Sr. was appointed as President and inaugurated in October 1943.
 National Assembly: A unicameral legislature with members selected indirectly, mainly supportive of the Japanese
regime.
 Temporary Nature: It was intended to be temporary and was only recognized in Japanese-controlled areas.

The 1973 Constitution

 Structure: It established a parliamentary system of government, replacing the presidential system.

 Legislative Branch A unicameral legislature called the BATASANG PAMBANSA, which had the power to legislate
and oversee the executive branch.
 Executive Branch: The President was elected by the BATASANG PAMBANSA (National Assembly) and had
significant executive powers.
 Judicial Branch: The judiciary was reorganized, and the Supreme Court was given the power to review the
constitutionality of laws.
 Martial Law: The constitution allowed for the declaration of martial law and the suspension of the writ of habeas
corpus, which was used by Marcos to consolidate power.
 This constitution was in effect unt if the People Power Revolution in 1986, which led to the restoration of the
1987 Constitution
 The constitution was approved through a plebiscite field from January 10 to 15, 1973 and was promulgated on
January 17, 1973

The 1987 Constitution

 Preamble: Emphasizes the sovereignty of the Filipino people and their aspirations for a just and humane society
 National Territory: Including the Philippines archipelago and its terrestrial, fluvial, and aerial domains
 Declaration of Principles and State Policies: Outlines the fundamental principles governing the state, such as the
sovereignty of the people. renunciation of war, and the separation of Church and State
PRINCIPLE OF SEPARATION OF POWERS- The powers of the government, by virtue of this principle, distinct into 3
classes: LEGISLATIVE, EXECUTIVE, AND JUDICIAL

ARBITRARY RULE- Would result if the same person or body were to exercise all the powers of government:
Tyrannical/Despotic

PRINCIPLES OF CHECKS AND BALANCES- Authorizing a considerable amount of encroachment or checking by one branch
in the affairs of the others. Each branch is given certain

powers with which to check the others

1. President may disapprove bills enacted by Congress

2. Congress may reject appointments by the President
3. Judiciary may declare unconstitutional laws enacted by the Congress

SECTION 1 THE LEGISLATIVE POWER shall be vested in the Congress of the Philippines which shall consist of Senate and a
House of Representatives except to the extent reserved to the people by the provision on initiative and referendum.

 Referendum- a general vote by the electorate on a single question that has been referred to them for a direct
decision.
 PHILIPPINE LEGISLATIVE BODY It is a BICAMERAL BODY consisting of the Senate (upper chamber) and the House
of Representatives (lower chamber)

SECTION 2 (COMPOSITION OF THE SENATE) 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

SECTION 3 (QUALIFICATIONS OF A SENATOR) No person shall be a Senator unless:

1. He is a natural-born citizen of the Philippines

2. And, on the day of the election, is at least thirty-five years of age,
3. Able to read and write,
4. A registered voter,
5. And a resident of the Philippines for not less than two years immediately preceding the day of the election

SECTION 4 (TERM OF OFFICE OF A SENATOR) The term of office of the Senators shall be six years (at noon of the 30th
day of June following their election) NO SENATOR SHALL SERVE FOR MORE THAN TWO CONSECUTIVE TERMS Voluntary
renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service
for the full term for which he was elected

SECTION 5 (COMPOSITION OF THE LOWER CHAMBER) The House of Representatives shall be composed of not more
than two hundred and fifty members: who shall be elected from legislative districts The Party-list Representatives shall
constitute twenty per centum of the total number of representatives Each city with population of 250,000 or each
province shall have at least one representative.

1. What is Party-list System PARTY-LIST is a sectoral party representing different sector such as labor, peasant, urban
poor, indigenous cultural minorities, women, youth and other sectors as may be provided by law, EXCEPT THE
RELIGIOUS SECTORS It shall constitute 20% of the number of representatives in the lower chamber

SECTION 6 (QUALIFICATIONS OF THE LOWER CHAMBER) No person shall be a MEMBER OF THE HOUSE OF
REPRESENTATIVES unless

1. He is a natural-born citizen of the Philippines

2. And, on the day of the election, is at least twenty-five years of age,
3. Able to write and read
4. Except the party-list representatives, a registered voter in the district in which he shall be elected,
5. And a resident thereof for a period of not less than one year immediately preceding the day of the election.
SECTION 7 (TERM OF OFFICE)

 The members of the House of Representatives shall be elected for a term of three years
 No member of the House of Representatives shall serve for more than three consecutive terms

SECTION 8 (Regular Election of Senators and the members of the House of Representatives)

 Regular Election - Second Monday of May

SECTION 9 (Vacancy in the Senator and the House of Representatives)

 Special Election - It MAY BE CALLED in case a vacancy arises in the Senate or HOR to fill such vacancy in
the number prescribed by law
 Authority to hold special election COMELEC The holding of special election is NOT made mandatory by
the Constitution

SECTION 10 (SALARIES OF THE MEMBERS OF THE CONGRESS)

 No increases in said compensation shall take effect until after the expiration of the full term of all the
members of Congress the approving such increases
 P240,000/year Senate President and Speaker of the House P204,000/year Senators and the members of
the HOR

SECTION 11

 A Senator or Member of the House of Representatives shall, in all offences punishable BY NOT MORE
THAN SIX YEARS imprisonment, be privileged from arrest WHILE THE CONGRESS IS IN SESSION. No
member shall be questioned nor be held liable in any other place for any speech or debate in the
Congress or in any committee thereof
 FREEDOM FROM ARREST Offenses punishable by not more than six years of imprisonment While
Congress is in session
 FREEDOM OF SPEECH Remarks must be made in connection with the discharge of official duties While
Congress is in session

SECTION 12

 All members of the Senate and the House of the Representatives shall, upon assumption of office, make
a full disclosure of their financial and business interests. They shall notify the House concerned of a
potential conflict of interests that may arise from the filing of a proposed legislation of which they are
authors

SECTION 13 (IMPEDIMENTS FOR MEMBERS OF CONGRESS)

 INCOMPATIBLE OFFICE- Office which may not be held by a member of a Congress outside the legislative
department
 FORBIDDEN OFFICE- Office which a member of a Congress may not be a beneficiary by reason of being a
participant when said office was created. Hence, a member of Congress shall not be eligible for
appointment to such office even if he resigns

SECTION 14

 Appearance as counsel before any court of justice, electoral tribunals, or quasi-judicial and
administrative other financial interests in any contract with the government Intervention in any matter
before any office of the government for his pecuniary benefit

SECTION 15
  The Congress shall convene once every year on the fourth Monday of July for its regular session

SECTION 16

 The Senate shall elect its President and the House of Representatives its Speaker by a majority vote of all
its respective Members
 A majority of each of House shall constitute a QUORUM to do business
 Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and,
with the concurrence of two-thirds of all its members, suspend or expel a member
 Each house shall keep a JOURNAL of its proceedings, and from time to time publish the same, excepting
such parts as may, in its judgment, affect national security

SECTION 17

 ELECTORAL TRIBUNAL: The Senate and the House of Representatives shall each have an ELECTORAL
TRIBUNAL which shall be the sole judge of all contests relating to the election, returns, and
qualifications of their respective Members
 ELECTORAL TRIBUNAL: Each house shall have an Electoral Tribunal with nine members each 3
justices of the Supreme Court, designated by the chief justice and 6 members from the Senate or
House of Representatives

SECTION 18-19 COMMISSION ON APPOINTMENTS

 There shall be a Commission on Appointments shall act on all appointments submitted to it 1 Chairman
(Senate President) 12 Senators and 12 members of the Lower house

SECTION 20 TRANSPARENCY

 Records and accounts of the Congress shall be preserved be open to the public
 Shall be audited by the Commission on Audit which shall publish annually as itemized list of amounts
paid to and expenses incurred for each member

SECTION 21 INQUIRIES IN AID OF LEGISLATION

 The Senate or the House of Representatives or any of its respective committees may conduct INQUIRIES
IN AID OF LEGISLATION in accordance with its duly published rules of procedure. THE RIGHTS OF
PERSONS APPEARING IN OR AFFECTED BY SUCH INQUIRIES SHALL BE RESPECTED

SECTION 22 (APPEARANCE OF EXECUTIVE DEPARTMENTS TO CONGRESS)

 Appear before and be heard by such house on any matter pertaining to their departments
 Interpellations - they are not force to appear

SECTION 23 (POWER OF TGRESS TO DECLARE THE EXISTENCE OF THE STATE OF WAR)

 The Congress by a VOTE OF TWO-THIRDS of both houses in joint session assembled, voting separately,
shall have the SOLE POWER TO DECLARE THE EXISTENCE OF A STATE OF WAR Delegations of emergency
powers (in times of war)

SECTION 24 (POWER OF APPROPRIATE)

 All appropriations shall originate exclusively in the House of Representatives but the Senate may propose
or concur with amendments
 APPROPRIATION - is an authorization made by law or other legislative enactment, directing payment out
of government fund

SECTION 25
  Congress may not increase the appropriation recommended by the President
 Prohibition against riders (corruption)
 Special appropriation bill - is a legislative measure that allocates funds for a special purpose
 Prohibition against transfer of funds
 Automatic appropriations - refers to funds that are set aside automatically each year or for a specified
period, as mandated by law, without requiring additional legislative action each time

THE PASSAGE OF A BILL

 FIRST READING- Reading of the number, title of the measure and name of the author/s
 SECOND READING- The bill is read in its entirety, scrutinized and amended when desired Debates
Printing and Distribution
 THIRD READING- Title of the bill is read; voting is held; no amendment thereto is allowed

SECTION 26

 Every bill SHALL EMBRACE ONLY ONE SUBJECT WHICH SHALL BE EXPRESSED IN THE TITLE THEREOF
 NO BILL PASSED BY EITHER HOUSE SHALL BECOME A LAW UNLESS IT HAS PASSED THREE READINGS ON
SEPARATE DAYS, and printed copies thereof in its final form has been distributed to its members three
days before its passage. Upon the last reading of a bill, no mandement thereto shall be allowed, and the
vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the journal

SECTION 27 3 WAYS WHEN A BILL MAY BECOME A LAW

1. When the President approves the bill by signing it

2. When the President vetoes the bill and the same is overridden by 2/3 votes of all members of both
houses
3. When the President does not communicate his veto within 30 days after the date of receipt

SECTION 28

 Uniformity in taxation Equity in taxation Exemption entities of certain (charitable institutions and etc.)

SECTION 29

 No money shall be paid out of the TREASURY except in pursuance of an appropriation made by law
 NO public money shall be appropriated for religious sectors/purpose

SECTION 30

 No law shall be passed increasing the appellate jurisdiction of the Supreme Court without its advice and
concurrence

SECTION 31

 No law granting a title of royalty or nobility shall be enacted

SECTION 32

 Initiative and Referendum Signed by 10% of the total number of voters, of which every legislative district
must be represented by at least 3% of the registered voters thereof