ISSUES IN THE PHILIPPINE ★ Military Government

★ Unicameral Legislature
CONSTITUTION
Popular - Popular to the people
1899 CONSTITUTION Representative - Elected officials will
MALOLOS CONSTITUTION represent, lead, and act on behalf of the
citizens.
The Malolos Congress drafted and Alternative - Choosing among different
approved its own work on November forms of government or leaders, if they
29, 1898. are not satisfied with the current one.
Responsible - The executive branch,
On January 21, 1899, after a few the Cabinet and Ministry, is drawn from,
amendments following Mabini's and accountable to the legislative
suggestions, the constitution was finally branch.
approved by the Malolos Congress and
signed by the President. There is a separation of church and
state. Title III, Article 5 states,
The Republic was inaugurated on
January 23, 1899 at Barasoain “The State recognizes the
Church in Malolos, Bulacan. freedom and equality of all
religions, as well as the
President: Emilio Aguinaldo separation of the Church and the
Prime Minister: Apolinario Mabini State.”
President of the Congress: Pedro A.
Paterno Citizenship in the 1899 Constitution
(Title IV, Article 6):
Executive: President, Prime Minister, “The following are Filipinos:
Cabinet
Legislative: National Assembly, 1. All persons born in the
Permanent Commission, Prime Minister Philippine territory. A
and Cabinet (responsible to the vessel of Philippine
legislature) registry is considered, for
Judiciary: Chief Justice, Associate this purpose, as part of
Justice, Solicitor-General, Lower courts Philippine territory.

Structure of the Government 2. Children of a Filipino father

★ Popular, representative, or mother, although born
alternative, and responsible (Title outside of the Philippines.
II, Art. 4)
★ Parliamentary
 3. Foreigners who have the other appointed by Aguinaldo
obtained certification of to represent the areas under the
naturalization. American Army.

4. Those who, without such In case a new President has not been
certificate, have acquired a chosen, the Chief Justice shall take
domicile in any town within over. Title V, Article 40 states,
Philippine territory.
“In the meantime that the new
It is understood that domicile is President has not been chosen,
acquired by uninterrupted his functions shall be exercised
residence for two years in any by the Chief Justice of the
locality within Philippine territory, Supreme Court whose office shall
with an open abode and known be taken over by one of the
occupation, and contributing to all Justices of the Court, in
the taxes imposed by the Nation. accordance with law.”
The condition of being a Filipino
Approving a bill (Title V, Article 48):
is lost in accordance with law.”
“No bill shall become law without
Domicile - country that a person treats having been voted on by the
as their permanent home. Assembly. To approve a bill, the
presence in the Assembly of at
Citizenship and Bill of Rights were least one-fourth of the total
compressed because we were in the number of the members whose
middle of a war, which is all under Title elections have been duly
IV. approved and taken the oath of
office shall be necessary.”
There is a unicameral legislature. Title
V, Article 33 states, Tenure: Legislature (Title V, Article 53):
“Legislative power shall be “The office of Representatives
exercised by an Assembly of shall be for a term of four
Representatives of the Nation...” years...”

Executive powers (Title VII, Article 56):

Assembly of Representatives
➔ composed of representatives “The Executive Power shall be
➔ ⅓ of whom were chosen by the vested in the President of the
officials of the municipalities Republic, who shall exercise it
under the control of the through his Department
Revolutionary Government, and Secretaries.”
Election: President (Title VIII, Article 58) Cuaderno, and Conrado Benitez (who
replaced Jose P. Laurel).
“The President of the Republic
shall be elected by absolute The constitutional convention approved
majority of votes by the Assembly the constitution on February 8, 1935,
and by the special and President Roorsevelt did the same
Representatives, convened in on March 25, 1935.
chamber assemblies…”

Tenure: President (Title VIII, Article 58) On November 15, 1935, the
Commonwealth of the Philippines was
“His term of office shall be four
inaugurated.
years, and may be reelected.”

President: Manuel L. Quezon

Declaring war (Title VIII, Article 65)
VIce-President: Sergio Osmeña
“The President of the Republic
shall have at his disposal the Executive: President, Vice-President,
army and the navy, and may Cabinet
declare war and make and ratify Legislative: Senate, House of the
treaties with the prior consent of Representatives
the Assembly.” Judiciary: Chief Justice, Associate
Justices, Inferior Courts

Structure of the Government

1935 CONSTITUTION ★ Republican (Article II, Section 1)
COMMONWEALTH CONSTITUTION ★ Presidential
★ Unitary
In accordance with the provisions of the ★ Bicameral Legislature
Independence Act or Tydings-McDuffie
Act, the Filipinos, on July 10, 1934, National Territory (Article I, Section 1)
elected 202 delegates to a constitutional
convention tasked with the drafting of a “The Philippines comprises all the
Philippine constitution. territory ceded to the United
States by the Treaty of Paris
A subcommittee of seven—the “seven concluded between the United
wise men”—prepared a draft of the States and Spain on the tenth
constitution. They were Filemon Sotto, day of December, eighteen
chairman, and Norberto Romualdez, hundred and ninety-eight, the
Manuel Roxas, Vicente Singson limits which are set forth in Article
Encarnacion, Manuel C. Briones, Miguel III of said treaty, together with all
the islands embraced in the
 treaty concluded at Washington age of majority, elect
between the United States and Philippine citizenship.
Spain on the seventh day of 5. Those who are naturalized in
November, nineteen hundred, accordance with law.
and the treaty concluded
between the United States and If dual citizen:
Great Britain on the second day ● You will absorb your mother’s
of January, nineteen hundred and citizenship
thirty, and all territory over which ● You will vote for your citizenship
the present Government of the after reaching the age of majority
Philippine Islands exercises ● Age of majority: 21
jurisdiction.”
Suffrage (Article V, Section 1)
Republican State
➔ Emphasizes the principle of: “...may be exercised by male
popular sovereignty, citizens of the Philippines not
representative democracy, rule of otherwise disqualified by law,
law, and separation of powers. who are twenty-one years of age
or over and are able to read and
Citizenship (Article IV, Section 1) write, and who shall have resided
in the Philippines for one year
The following are citizens of the and in the municipality wherein
Philippines: they propose to vote for at least
six months preceding the
1. Those who are citizens of election. The National Assembly
the Philippine Islands at shall extend the right of suffrage
the time of the adoption of to women, if in a plebiscite which
this Constitution. shall be held for that purpose
2. Those born in the within two years after the
Philippine Islands of adoption of this Constitution…”
foreign parents who,
before the adoption of this But the constitution granted women
Constitution, had been suffrage, after a special plebiscite on
elected to public office in which 447,725 women voted in favor of
the Philippine Islands. woman suffrage and 44,397 against.
3. Those whose fathers are
citizens of the Philippines. Bicameral Legislature (Art. VI, Sec. 1)
4. Those whose mothers are
citizens of the Philippines “The Legislative power shall be
and, upon reaching the vested in a Congress of the
Philippines, which shall consist of
 a Senate and a House of same, he shall sign it; but if not,
Representatives.” he shall return it with his
objections to the House where it
Number of Senators (Art. VI, Sec. 2) originated… If any bill shall not
be returned by the President as
“The Senate shall be composed herein provided within twenty
of twenty-four Senators…” days (Sundays excepted) after it
shall have been presented to
Tenure: Senators (Art. VI, Sec. 3) him, the same shall become a
“...The first Senators elected law in like manner as if he had
under this Constitution shall, in signed it, unless the Congress by
the manner provided by law, be adjournment prevent its return, in
divided equally into three groups, which case it shall become a law
the Senators of the first group, to unless vetoed by the President
serve for a term of six years; within thirty days after
those of the second group, for adjournment.”
four years; and those of the third
group, for two years.” Reconsideration (Art. VI, Sec. (1))

“If, after such reconsideration,

Members of the House (Art. VI, Sec. 5) two-thirds of all the Members of
“The House of Representatives such House shall agree to pass
shall be composed of not more the bill, it shall be sent together,
than one hundred and twenty with the objections, to the House
Members… but each province by which it shall likewise be
shall have at least one reconsidered, and if approved by
Member...” two-thirds of all the Members of
that House, it shall become a
Tenure: House (Art. VI, Sec. 6) law…”

“The term of office of the Veto Power (Art. VI, Sec. 20, (2 & 3)
Members of the House of
Representatives shall be four “(2) The President shall have the
years..” power to veto any particular item
or items of an appropriation bill,
Bill to Law (Art. VI, Sec 20 (1) but the veto shall not affect the
item or items to which he does
“Every bill passed by the not object. When a provision of
Congress shall, before it an appropriation bill affects one
becomes a law, be presented to or more items of the same, the
the President. If he approves the President cannot veto the
 provision without, at the same and together with the
time, vetoing the particular item Vice-President chosen for the
or items to which it relates...” same term, shall be elected by
direct vote of the people…”
“(3) The President shall have the
power to veto any separate item Term Limits (Art. VII, Sec. 5)
or items in a revenue of tariff bill,
and the item or items shall not “No person shall serve as
take effect except in the manner President for more than eight
provided as to bills vetoed by the consecutive years. The period of
President.” such service shall be counted
from the date he shall have
Declaration of War (Art. VI, Sec. 25) commenced to act as
President…”
“The Congress, shall, with the
concurrence of two-thirds of all Martial Law (Act. VII, Sec. 10 (2)
the Members of each House,
have the sole power to declare “The President shall be
war.” commander-in-chief of all armed
forces of the Philippines… In
Emergency Powers (Art. VI, Sec. 26) case of invasion, insurrection, or
rebellion or imminent danger
“In times of war and other thereof, when the public safety
national emergency the Congress requires it, he may suspend the
may by law authorize the privilege of the writ of habeas
President, for a limited period, corpus, or place the Philippines
and subject to such restrictions or any part thereof under Martial
as it may prescribe, to Law.”
promulgate rules and regulations
to carry out a declared national Judicial Power (Art. VIII, Sec. 1)
policy.”
“The judicial power shall be
Executive Powers (Art. VII, Sec. 1) vested in one Supreme Court and
in such inferior courts as may be
“The executive power shall be established by law.”
vested in a President of the
Philippines.” Appointments (Art. VIII, Sec. 5)

“The Members of the Supreme

Tenure: Pres. and VP (Art. VII, Sec. 1) Court and all judges of inferior
“The President shall hold his courts shall be appointed by the
office during a term of four years
 President with the consent of the who shall hold office for a term of
Commission on Appointments.” nine years and may not be
reappointed. Of the Members of
Constitutionality (Art. VIII, Sec. 10) the Commission first appointed,
one shall hold office for nine
“All cases involving the years, another for six years, and
constitutionality of a treaty or law the third for three years...”
shall be heard and decided by
the Supreme Court en banc, and Which text should prevail? (Art. XIV,
no treaty or law may be declared Sec. 10)
unconstitutional without the
concurrence of two-thirds of all “This Constitution shall be
the Members of the Court.” officially promulgated in English
and Spanish, but in case of
Impeachment (Art. IX) conflict the English text shall
prevail.”
Section 2. “The House of
Representatives by a vote of Amendments (Art. XV, Sec. 1)
two-thirds of all its Members,
shall have the sole power of “The Congress in joint session
impeachment. assembled, by a8i8 vote of
three-fourths of all the Members
Section 3. ”The Senate shall of the Senate and of the House of
have the sole power to try all Representatives voting
impeachment… When the separately, may propose
President of the Philippines is on amendments to this Constitution
or call a convention for that
trial, the Chief Justice of the
purpose. Such amendments shall
Supreme Court shall preside. No be valid as part of this
person shall be convicted without Constitution when approved by a
the concurrence of three-fourths majority of the votes cast at an
of all the Members of the election at which the
Senate.” amendments are submitted to the
people for their
ratification.”prevail.”
Commission on Elections (Article X)

Section 1. “There shall be an

independent Commission on
Elections composed of a
Chairman and two other
Members to be appointed by the
President with the consent of the
Commission on Appointments,
 1943 CONSTITUTION
JAPANESE-SPONSORED CONSTITUTION Election of the President (Art. II, Sec. 2)

On September 4, 1943, the “The President shall be elected

Japanese-sponsored 1943 Constitution by a majority of all the members
was signed and ratified in a general of the National Assembly at the
assembly and two days later by 117 place and on the date to be fixed
members of the Kapisanan sa by law.”
Paglilingkod sa Bagong Pilipinas
(KALIBAPI), the only political Tenure of the President (Art. II, Sec. 4)
organization allowed during the
“The President shall hold office
Japanese occupation.
during a term of six years and
may not be re-elected for the
Hence, the Second Republic
following term.”
(1943-1945) was formally proclaimed,
with Jose P. Laurel Sr. was appointed as
Existence of Council of State (Art. II,
President and inaugurated into office on
Sec. 11)
October 14, 1943.
“There shall be a Council of State
President: Jose P. Laurel to advise the President on
Speaker of the NA: Benigno S. Aquino matters of national policy. It shall
Sr. be composed of not more than
twenty members to be appointed
Executive: President, Cabinet by the President from among
Legislative: National Assembly citizens who may have rendered
Judiciary: Supreme Court, Chief distinguished service to the
Justice, Associate Justices Nation.”

Structure of Government Declaration of War (Art. II, Sec. 12)

★ Republican (Art. I, Sec. 1)
★ Presidential “The President, with the
★ Unitary concurrence of two-thirds of all
★ Unicameral Legislature the members of the National
Assembly, shall have the power
Executive Power (Art. II, Sec. 1) to declare war and make peace,
and, with the concurrence of a
“The Executive power shall be majority of all its members,
vested in the President of the conclude treaties...”
Republic of the Philippines.”
 unless vetoed by the President
Legislative Power (Art. III, Sec. 1) within forty days after
adjournment.”
“The Legislative power shall be
vested in the National Assembly.” Declare National Policy (Art. III, Sec. 13)

Members of the legislature and their “In times of war or other national
tenure (Art. III, Sec. 2) emergency, the National
Assembly may by law authorize
“The National Assembly shall be the President, for a limited period
composed of the provincial and subject to such restrictions
governors and city mayors as as it may prescribe, to
members ex-officio and of promulgate rules and regulations
delegates to be elected every to carry out a declared national
three years, one from each and policy.”
every province and chartered
city…” Judicial Power (Art. IV, Sec. 1)

Bill to law (Art. III, Sec. 9) “The Judicial Power shall be

vested in the Supreme Court and
“No bill which shall have passed such inferior courts as may be
the National Assembly shall established by law.”
become a law unless approved
by the President. If he approves Power to Impeach (Art. V, Sec. 2)
the same, he shall sign it; but if
[it] not, he shall return it with his “The National Assembly, by a
objections to the National vote of two-thirds of all its
Assembly, which shall enter the members, shall have the sole
objections at large… and may power of impeachment.”
proceed to reconsider and
reapprove it by a vote of Trial of Impeachments (Art. V Sec. 3)
two-thirds of all its members… If
any bill shall not be returned by “The Supreme Court shall have
the President as herein provided the sole power to try all
within twenty days (Sundays impeachments. No person shall
excepted) after it shall have been be convicted without the
presented to him, the same shall concurrence of three-fourths of all
become a law in like manner as if the Justices of the Supreme
he had signed it, unless the Court.”
National Assembly by
adjournment prevent its return, in
which case it shall become a law
Citizenship (Art. VI, Sec. 1) or convention shall be provided
by law.”
“The following are citizens of the
Philippines:

1. Those who are citizens of

the Philippines at the time 1973 CONSTITUTION
MARTIAL LAW CONSTITUTION
of the adoption of this
Constitution and their
September 23, 1972, President
descendants.
Ferdinand Marcos Sr. appeared on
2. Those who are naturalized
nationwide radio and television to
in accordance with law.”
formally announce that he had placed
the entire Philippine archipelago under
“The government shall take steps Martial Law as of 9 PM of the previous
toward the development and day, September 22, 1972, by way if
propagation of Tagalog as the implementing Proclamation No. 1081,
national language.” which he had signed even earlier,
September 21, 1972.
Amendments (Art. X, Sec. 1)
President: Ferdinand Marcos Sr.
“The National Assembly, by a Prime Minister: Ferdinand Marcos Sr.
vote of two-thirds of all its
members, may propose Executive: President, Prime Minister,
amendments to this Constitution, Cabinet
but such amendments shall not Legislative: National Assembly,
be valid as part of the Speaker, Deputy Prime Minister
Constitution unless approved by Judiciary: Supreme Court
the people at a plebiscite or
convention especially called for Structure of Government
that purpose and on the date and ★ Republican (Art. II, Sec. 1)
under conditions to be prescribed ★ Semi-Parliamentary
by law.” ★ Dictatorship
★ Unitary
Plebiscite (Art. XI, Sec. 1) ★ Unicameral Legislature
“This Constitution shall be ratified
National Territory (Art. I, Sec. 1)
by the people at a plebiscite or
convention especially called for “The national territory comprises
that purpose.ᇈWᑭHIL The the Philippine archipelago, with
manner of holding such plebiscite all the islands and waters
embraced therein, and all the
 other territories belonging to the Marrying an alien (Art. III, Sec. 2)
Philippines by historic or legal
title, including the territorial sea, “A female citizen of the
the air space, the subsoil, the Philippines who marries an alien
sea-bed, the insular shelves, and retains her Philippine citizenship,
the submarine areas over which unless by her act or omission she
the Philippines has sovereignty or is deemed, under the law, to have
jurisdiction. The waters around, renounced her citizenship.”
between, and connecting the
islands of the archipelago, Suffrage (Art. VI, Sec. 1)
irrespective of their breadth and “Suffrage shall be exercised by
dimensions, form part of the citizens of the Philippines not
internal waters of the otherwise disqualified by law,
Philippines.” who are eighteen years of age or
over and who shall have resided
Supreme Authority (Art. II, Sec. 8) in the Philippines for at least one
“Civilian authority is at all times year and in the place wherein
supreme over the military.” they propose to vote for at least
six months preceding the
Citizenship (Art. III, Sec. 1) election…”
“The following are citizens of the
Philippines: Head and Chief of State (Art VII, Sec. 1)
1. Those who are citizens of “The President shall be the head
the Philippines at the time of state and chief executive of the
of the adoption of this Republic of the Philippines.”
Constitution.
2. Those whose fathers and Tenure: President (Art. VII, Sec. 2)
mothers are citizens of the
Philippines. “The President shall be elected
3. Those who elect Philippine from among the Members of the
citizenship pursuant to the National Assembly by a majority
provisions of the vote of all its Members for a term
Constitution of nineteen of six years from the date he
hundred and thirty-five. takes his oath of office..”
4. Those who are naturalized
in accordance with law.” Duties of the President (Art. VII, Sec. 6)
1. Address the National
Assembly at the opening of its
regular session.
 2. Proclaim the election of the Disciplinary Rules (Art. VIII, 7 (3))
Prime Minister.
3. Dissolve the National “The National Assembly may
Assembly and call for a determine the rules of its
general election as provided proceedings, punish its Members
herein. for disorderly behavior, and with
4. Accept the resignation of the concurrence of two-thirds of all its
Cabinet as provided herein. Members, suspend or expel a
5. Attest to the appointment or Member, but if the penalty is
cessation from office of suspension, this shall not exceed
6. Members of the Cabinet, and sixty days.”
of other officers as may be
provided by law. Withdrawal of Confidence (Art. VIII,
7. Appoint all officers and Sec. 13 (1))
employees in his office in “The National Assembly may
accordance with the Civil withdraw its confidence from the
Service Law. Prime Minister only by electing a
8. Perform such other duties and successor by a majority vote of
functions of State as may be all its Members. No motion for the
provided by law. election of such successor shall
be debated and voted upon until
Immunity from suit (Art. VII, Sec. 7) after the lapse of three days from
“The President shall be immune the submittal of such motion.”
from suit during his tenure.”
Dissolution of the Assembly (Art. VIII,
Legislative Power (Art. VIII, Sec. 1) Sec. 13 (3))

“The Legislative power shall be “In case of dissolution of the

vested in a National Assembly.” National Assembly or the
termination of its regular term, the
Tenure: National Assembly (Art. VIII, incumbent Prime Minister and the
Sec. 3 (1) Cabinet shall continue to conduct
the affairs of government until the
“The Members of the National new National Assembly is
Assembly shall be elected by the convoked and a Prime Minister is
qualified electors in their elected and has qualified.”
respective districts for a term of
six years which shall begin, State of War (Art. VIII, Sec. 14 (2))
unless otherwise provided by
law...” “The National Assembly, by a
vote of two-thirds of all its
 Members, shall have the sole presented to the Prime Minister…
power to declare the existence of The Prime Minister shall act on
a state of war.” every bill passed by the National
Assembly within thirty days after
National Emergency (Art. VIII, Sec. 15) the date of receipt thereof;
otherwise, it shall become a law
“In times of war or other national as if he had signed it.”
emergency, the National
Assembly may by law authorize Veto Powers (Art. VIII)
the Prime Minister, for a limited
period and subject to such Section 20 (1). “... If he approves
restrictions as it may prescribe, to the same he shall sign it;
exercise powers necessary and otherwise, he shall veto it and
proper to carry out a declared return the same with his
national policy. Unless sooner objections to the National
withdrawn by resolution of the Assembly. The bill may be
National Assembly, such powers reconsidered by the National
shall cease upon its next Assembly and, if approved by
adjournment.” two-thirds of all its Members,
shall become a law…”
Bill Passage (Art.VIII)
Section 20 (2). “The Prime
Section 19 (1). “Every bill shall Minister shall have the power to
become a law unless it has veto any particular item or items
passed three readings on in appropriation, revenue, or tariff
separate days, and printed bill, but the veto shall not affect
copies thereof in its final form the item or items to which he
have been distributed to the does not object.”
Members three days before its
passage, except when the Prime Executive Powers (Art. IX, Sec. 1)
Minister certifies to the necessity
of its immediate enactment to “The Executive power shall be
meet a public calamity or exercised by the Prime Minister
emergency. Upon the last reading with the assistance of the
of a bill, no amendment thereto Cabinet. The Cabinet, headed by
shall be allowed, and the vote the Prime Minister, shall consist
thereon shall be taken of the heads of ministries as
immediately thereafter...” provided by law. The Prime
Minister shall be the head of the
Section 20 (1). “Every bill passed government.”
by the national Assembly shall,
before it becomes a law, be
Responsibility (Art. IX, Sec. 2) Commander-in-chief (Art. IX, Sec. 12)

“The Prime Minister and the “The Prime Minister shall be

cabinet shall be responsible to commander-in-chief of all armed
the National Assembly for the forces of the Philippines, and
program of government and shall whenever it becomes necessary,
determine the guidelines of he may call out such armed
national policy.” forces to prevent or suppress
lawless violence, invasion,
Election: Prime Minister (Art. IX, Sec. 3) insurrection, or rebellion…”

“The Prime Minister shall be Martial Law (Art. IX, Sec. 12)
elected by a majority of all the
Members of the National “...In case of invasion, or
Assembly from among rebellion, or imminent danger
themselves.” thereof when the public safety
requires, it he may suspend the
Removal: Cabinet (Art. IX, Sec. 4) privilege of the writ of habeas
corpus, or place the Philippines
“...Members of the Cabinet may or any part thereof under martial
be removed at the discretion of law.”
the Prime Minister.”
Transferred Powers (Art. IX, Sec. 16)
Deputy Prime Minister (Art. IX, Sec. 5 (1))
“All powers vested in the
“The Prime Minister shall appoint President of the Philippines under
the Deputy Prime Minister from nineteen hundred and thirty-five
among the Members of the Constitution and the laws of the
National Assembly. The Deputy land which are not herein
Prime Minister shall head a provided for or conferred upon
ministry and shall perform such any official shall be deemed, and
other functions as may be are hereby, vested in the Prime
assigned to him by the Prime Minister, unless the National
Minister.” Assembly provides otherwise.”

Resignation (Art. IX, Sec. 9) Judicial Powers (Art. X, Sec. 1)

“The Prime Minister or any “The Judicial power shall be
Member of the Cabinet may vested in one Supreme Court and
resign for any cause without in such inferior courts...”
vacating his seat in the National
Assembly.”
Un/constitutionality (Art. X, Sec. 2) requires, the State may
temporarily take over or direct the
“All cases involving the operation of any privately owned
constitutionality of a treaty, public utility or business affected
executive agreement, or law shall with public interest.”
be heard and decided by the
Supreme Court en banc, and no Translations (Art. XV, Sec. 3 (1))
treaty, executive agreement, or
law may be declared “This Constitution shall be
unconstitutional without the officially promulgated in English
concurrence of at least ten and in Pilipino, and translated
Members. All other cases, which into each dialect spoken by over
under its rules are required to be fifty thousand people, and into
heard en banc, shall be decided Spanish and Arabic. In case of
with the concurrence of at least conflict, the English text shall
eight Members.” prevail.”

Appointment (Art. X, Sec. 4) Separation of Church and State (Art.

XV, Sec. 15)
“The Members of the Supreme
Court and judges of inferior “The separation of the church
courts shall be appointed by the and the State shall be inviolable.”
President.”
Amendments (Art. XVI, Sec. 1)
Try Impeachment (Art. XIII, Sec. 3)
1. Any amendment to, or revision
“The National Assembly shall of, this Constitution may be
have the exclusive power to proposed by the National
initiate, try, decide all cases of Assembly upon a vote of
impeachment… the National three-fourths of all its
Assembly may initiate Members, or by a
impeachment by a vote of at least constitutional convention.
one-fifth of all its Members. No 2. The National Assembly may,
official shall be convicted without by a vote of two-thirds of all its
the concurrence of at least Members, call a constitutional
two-thirds of all the members convention, or by a majority
thereof...” vote of all its Members, submit
the question of calling such a
State Takeover (Art. XIV, Sec. 7) convention to the electorate in
an election.
“ In times of national emergency
when the public interest so
Plebiscite (Art. XVI, Sec.2) Legislative: Senate, House of the
Representatives
“ Any amendment to or revision Judiciary: Supreme Court, Court of
of this Constitution shall be valid Appeals, Sandiganbayan, other inferior
when ratified by a majority of the and special courts
votes cast in the plebiscite which
shall be held not later than three Structure of Government
months after the approval of such ★ Republican (Art. II, Sec. 1)
amendment or revision.” ★ Democratic (Art. II, Sec. 1)
★ Presidential
★ Unitary
★ Bicameral Legislature
1987 CONSTITUTION
CURRENT CONSTITUTION
National Territory (Art. I)
President Corazon Aquino in April 1986 “The national territory comprises
created – through Proclamation No. 9 – the Philippine archipelago, with
the 1986 Constitutional Commission all the islands and waters
(ConCom), which was responsible for embraced therein, and all other
drafting a replacement for the 1973 territories over which the
Constitution. Philippines has sovereignty or
jurisdiction, consisting of its
On February 2, 1987, a National terrestrial, fluvial and aerial
Plebiscite was held after a nationwide domains, including its territorial
information campaign on the draft sea, the seabed, the subsoil, the
constitution. insular shelves, and other
submarine areas. The waters
On February 11, 1987, through around, between, and connecting
Proclamation No. 58, Aquino announced the islands of the archipelago,
the results of the plebiscite and regardless of their breadth and
proclaimed the 1987 Philippine dimensions, form part of the
Constitution ratified. It took effect the internal waters of the
same day. Philippines.”

President: Corazon C. Aquino Supreme Authority (Art. III, Sec. 3)

Vice President: Salvador Laurel “Civilian authority is, at all times,
Senate President: Jovito Salonga supreme over the military…”

Executive: President, Vice President,

Cabinet, LGUs
Duty of Government (Art. III, Sec. 4) Dual Allegiance (Art. IV, Sec. 5)

“The prime duty of the “Dual allegiance of citizens

Government is to serve and is inimical to the national
protect the people…” interest and shall be dealt
with by law.”
Separation of Church and State (Art.
II, Sec. 6) Suffrage (Art. V, Sec. 1)

“The separation of Church and “Suffrage may be exercised by all

State shall be inviolable.” citizens of the Philippines, not
otherwise disqualified by law,
Citizenship (Art. IV, Sec. 1) who are at least eighteen years
of age, and who shall have
“The following are citizens of the resided in the Philippines for at
Philippines: least one year and in the place
1. Those who are citizens of wherein they propose to vote, for
the Philippines at the time at least six months immediately
of the adoption of this preceding the election...”
Constitution;
2. Those whose fathers or Legislative Powers (Art. VI, Sec. 1)
mothers are citizens of the “The legislative power shall be
Philippines; vested in the Congress of the
3. Those born before Philippines which shall consist of
January 17, 1973, of a Senate and a House of
Filipino mothers, who elect Representatives…”
Philippine Citizenship
upon reaching the age of Members: Senate (Art. VI, Sec. 2)
majority; and
4. Those who are naturalized “The Senate shall be composed
in the accordance with of twenty-four Senators who shall
law.” be elected at large by the
qualified voters of the Philippines,
Marrying an alien (Art. IV, Sec. 4) as may be provided by law.”

“Citizens of the Philippines who Tenure: Senator (Art. VI, Sec. 4)

marry aliens shall retain their
citizenship, unless by their act or “The term of office of the
omission they are deemed, under Senators shall be six years… No
the law to have renounced it.” Senator shall serve for more than
two consecutive terms…”
Members: House (Art. V, Sec. 5 (1)) for a limited period and subject to
such restrictions as it may
“The House of Representatives prescribe, to exercise powers
shall be composed of not more necessary and proper to carry out
than two hundred and fifty a declared national policy…”
members… who shall be elected
from legislative districts Origination (Art. VI, Sec. 24)
apportioned among the
provinces, cities, and the “All appropriation, revenue or
Metropolitan Manila area in tariff bills, bills authorizing
accordance with the number of increase of the public debt, bills
their respective inhabitants… of local application, and private
shall be elected through a bills, shall originate exclusively in
party-list system of registered the House of Representatives,
national, regional, and sectoral but the Senate may propose or
parties or organizations.” concur with amendments.”

Tenure: House (Art. VI, Sec. 7) Bill Passage (Art. VI, Sec. 26 (2))

“The Members of the House of “No bill passed by either House

Representatives shall be elected shall become a law unless it has
for a term of three years… No passed three readings on
Member of the House of separate days… except when the
Representatives shall serve for President certifies to the
more than three consecutive necessity of its immediate
terms. “ enactment to meet a public
calamity or emergency. Upon the
State of War (Art. VI, Sec. 23 (1)) last reading of a bill, no
amendment thereto shall be
“The Congress, by a vote of allowed, and the vote thereon
two-thirds of both Houses in joint shall be taken immediately…”
session assembled, voting
separately, shall have the sole Veto Powers (Art. VI, Sec. 27)
power to declare the existence of
a state of war.” 1. “If he approves the same he shall
sign it; otherwise, he shall veto it
Declaration of National Policy (Art. VI, and return the same with his
Sec. 23 (2)) objections to the House where it
originated, which shall enter the
“In times of war or other national objections at large in its Journal
emergency, the Congress may, and proceed to reconsider it. If,
by law, authorize the President, after such reconsideration,
 two-thirds of all the Members of election to the same office at any
such House shall agree to pass time.
the bill, it shall be sent, together
with the objections, to the other No Vice-President shall serve for
House by which it shall likewise more than two successive terms.”
be reconsidered, and if approved
by two-thirds of all the Members Martial Law (Art. VII, Sec. 18)
of that House, it shall become a “The President shall be the
law… The President shall Commander-in-Chief of all armed
communicate his veto of any bill forces of the Philippines and
to the House where it originated whenever it becomes necessary,
within thirty days after the date of he may call out such armed
receipt thereof, otherwise, it shall forces to prevent or suppress
become a law as if he had signed lawless violence, invasion or
it.” rebellion. In case of invasion or
2. “The President shall have the rebellion, when the public safety
power to veto any particular item requires it, he may, for a period
or items in an appropriation, not exceeding sixty days,
revenue, or tariff bill, but the veto suspend the privilege of the writ
shall not affect the item or items of habeas corpus or place the
to which he does not object.” Philippines or any part thereof
under martial law. Within
Executive Powers (Art. VII, Sec. 1) forty-eight hours from the
“The executive power shall be proclamation of martial law or the
vested in the President of the suspension of the privilege of the
Philippines.” writ of habeas corpus, the
President shall submit a report in
Tenure: President and VP (Art. VII, person or in writing to the
Sec. 4) Congress. The Congress, voting
jointly, by a vote of at least a
“Section 4. The President and the majority of all its Members in
Vice-President shall be elected regular or special session, may
by direct vote of the people for a revoke such proclamation or
term of six years… The President suspension, which revocation
shall not be eligible for any shall not be set aside by the
re-election. No person who has President. Upon the initiative of
succeeded as President and has the President, the Congress may,
served as such for more than four in the same manner, extend such
years shall be qualified for proclamation or suspension for a
period to be determined by the
 Congress, if the invasion or
rebellion shall persist and public
safety requires it.”

Treaties or International Agreement

(Art. VII, Sec. 21)

“No treaty or international

agreement shall be valid and
effective unless concurred in by
at least two-thirds of all the
Members of the Senate.”

Judicial Power (Art. VIII, Sec. 1)

“The judicial power shall be

vested in one Supreme Court and
in such lower courts as may be
established by law.”