READINGS IN PHILIPPINE

HISTORY

Prof. Rolly Gacelo

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EVOLUTION OF
PHILIPPINE
CONSTITUTION
AT THE END OF THIS LESSON:

• 1.Explain the importance of a con

stitution in a nation.
• 2.Trace the development of the P
hilippine Constitution
• 3.Discuss the significant provisio
n incorporated in the Philippine C
onstitution
MEANING OF CONSTITUTION

Constitution - an aggregate of fundamental principles

or established precedents that constitute the legal
basis of a polity, organisation or other type of
entity, and commonly determine how that entity is to
be governed.

Constitute - to give legal form, to establish (laws)

Constituent – part of something
 Importance of Phil.
Consti

1. Lay out the basic structure of the government

according to people
2. Establish the three main organ of the government
3. Define the powers and limits of each government body
and official
4. Lay down the national goals of a country
5. Define/protect the freedoms and rights of an individual,
as well as define each and everyone's duty
 Nature and
purposes

1. It is the charter creating the government

2. It is binding to all individual citizens and all
organs of the government
3. It is the law to which all other laws must
conform
4. It is the test of the legality of all
governmental actions.
 SUPREME LAW

ARTICLE III - BILL OF RIGHTS

Section 4. No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably to
assemble and petition the government for redress of grievances.
Section 8. The right of the people, including those employed in the
public and private sectors, to form unions, associations, or societies for
purposes not contrary to law shall not be abridged.
Section 14. (1) No person shall be held to answer for a criminal offense without
due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard
 Rape of
Constitution
 Anti-Terror Law

The Anti-Terror Law of 2020 says inciting others through

"speeches, writings, proclamations, emblems, banners, and other
representations tending to the same end" could carry a
punishment of 12 years in prison.

"It chills freedom of expression. It chills free speech. It chills

freedom of the press. It chills freedom of association," says Neri
Colmenares, a leading human rights lawyer who is petitioning the
Supreme Court.
 Dura lex, sed lex.
"The law [is] harsh, but [it is] the law.”

VS

Salus Populi Est Suprema Lex

"The health (welfare, good, salvation, felicity) of the people should be the
supreme law."
EVOLUTION OF
PHILIPPINE
CONSTITUTION
The Philippines has welcomed a total of six Constitutions in
the last one hundred years.

• 1899 Constitution (The Malolos

Constitution)
• 1935 Constitution
• 1943 Constitution (Constitution During
the Japanese Occupation)
• 1973 Constitution
• 1986 Provisional "Freedom"
Constitution
• 1987 Constitution (Present Constitution)
FROM THESE, ONLY THREE WERE HAVE EFFECTIVELY
GOVERNED THE COUNTRY

• the 1935 Commonwealth

Constitution
• the 1973 Constitution
• the 1986 Freedom
Constitution/1987 Constitution
1899 Constitution
(The Malolos
Constitution)
Malolos Constitution

• Before the Malolos Constitution was recognized, there was the 1897
Constitution of Biak-na-Bato which was recognized by the Katipuneros
during the Tejeros Convention.

• It made possible the first ever presidential and vice presidential elections in
Philippine history and established the Repulic of Biak-na-Bato.

• This constitution was originally written in Spanish and was inspired by the
Cuban Constitution.
Malolos Constitution

• Under this constitution, the government consists of three divisions

(1) the Supreme Council authorized with the power of the Republic in which it was
headed by the President and the four different secretaries which was the interior, foreign
affairs, treasury, and war
(2) the Consejo Supremo de Garcia Y Justicia (Supreme Council of Grace and Justice),
which has the authority to create decisions and validate and refute the sentences given
by the other courts and to command rules for the administration of justice; and
(3) the Asamblea de Representantes (Assembly of the Representatives), which was to be
assembled after the revolution to create a new constitution and to choose a new Council
of Government and Representatives of the people.
Malolos Constitution

• The Constitution of Biak-na-Bato was never fully

accomplished and it was signed by the Pact of
Biak-na-Bato between the Spanish and
the Philippine Revolutionary Army.
 Establishment of
Malolos Constitution

Then came the Malolos Constitution of 1899

Filipino revolutionary leaders were exiled in Hongkong

after fighting with the Americans but when Americans
defeated Spain in the Battle of Manila Bay, Emilio
Aguinaldo negotiated with the U.S. and was brought back
to the Philippines by the United States.
Structure of Malolos
Constitution

• patterned after the Spanish Constitution of 1812, with influences

from the charters of Belgium, Mexico, Brazil, Nicaragua, Costa Rica,
and Guatemala and the French Constitution of 1793.

• It was the first Republican constitution in Asia

• sovereignty resides exclusively in the people, stated basic civil

rights, separated the church and state, and called for the creation
of an Assembly of Representatives to act as the legislative body
 MALOLOS CONSTITUTION PREAMBLE

We, the Representatives of the Filipino people,

lawfully convened in order to establish justice, provide
for common defence, promote the general welfare,
and insure the benefits of liberty, imploring the aid of
the Sovereign Legislator of the Universe for the
attainment of these ends, have voted, decreed, and
sanctioned the following:
Malolos Constitution and
Philippines during the
American Occupation
Benevolent Assimilation
 The Philippines was under the Federal Government of the
United States from 1898 to 1934.

The U.S. passed two acts through the United States Congress
during this period.

These acts defined the fundamental political principles and

established the structure, procedures, powers and duties of the
Philippine government.
 History of Malolos
Constitution

"Philippine Bill of 1902" or the "Cooper Act"

• This law, the first of the two, provided for the creation of a popularly
elected Philippine Assembly, and specified that legislative power would
be vested in a bicameral legislature composed of the Philippine
Commission (upper house) and the Philippine Assembly (lower house)
• Key provisions include
• a bill of rights for the Filipinos
• appointment of two non-voting Filipino Resident
Commissioner of the Philippines to represent the Philippines
in the United States House of Representatives.
 History of Malolos
Constitution

The Philippine Autonomy Act of 1916, sometimes known as "Jones Law"

• The Philippine Commission as the legislative upper house and replacing

it with a Senate elected by Filipino voters, creating the Philippines' first
fully elected national legislature.

• The U.S. said this act states that it has always been her intention to end
their sovereignty of the archipelago.
 History of Malolos
Constitution

By 1934, the U.S. introduced the Tydings–McDuffie Act.

Though not a constitution itself, the Tydings–McDuffie Act of 1934

provided authority and defined mechanisms for the establishment of a
formal constitution via a constitutional convention.
 The 1935
Constitution
 THE 1935 CONSTITUTION

• Written in 1934
• Approved and adopted by the Commonwealth of the Philippines
• used by the Third Republic (1946–1972)
• written to meet the approval of the U.S. government
• The draft of the constitution was approved by the convention on
February 8, 1935 and ratified by Pres. Roosevelt in Washington D.C on
March 25, 1935. Elections were held in September 1935 and Manuel L.
Quezon was elected as the president of the Commonwealth.
 THE 1935 CONSTITUTION
AMENDMENT

• ON PRESIDENTIAL TERM

• Section 2. The President shall hold his office during a term of four years and together with the Vice-
President chosen for the same term, shall be elected by direct vote of the people. The returns of every
election for President and Vice-President, duly certified by the board of canvassers of each province or city,
shall be transmitted to the seat of the National Government, directed to the President of the Senate, who
shall, in the presence of the Senate and the House of Representatives, open all the certificates, and the
votes shall then be counted. The person respectively having the highest number of votes for President and
Vice-President shall be declared elected, but in case two or more shall have an equal and the highest
number of votes for their office, one of them shall be chosen President or Vice-President, as the case may
be, by a majority vote of the Members of the Congress in joint session assembled.

• Section 5. No person shall serve as President for more than eight consecutive years. The period of such
service shall be counted from the date he shall have commenced to act as President. Voluntary
renunciation of the office for any length of time shall not be considered as an interruption in the
continuity of the service of the incumbent for the full term for which he was elected.
 PREAMBLE

The Filipino people, imploring the aid of Divine

Providence, in order to establish a government that
shall embody their ideals, conserve and develop
the patrimony of the nation, promote the general
welfare, and secure to themselves and their
posterity the blessings of independence under a
regime of justice, liberty, and democracy, do ordain
and promulgate this Constitution.
 The 1943
Constitution
 THE 1943 CONSTITUTION

• The 1943 Constitution was the constitution of the Japanese-sponsored

Second Republic of the Philippines (1943-1945). It was recognized as
legitimate and binding only in Japanese-controlled areas of the
Philippines but was ignored by the United States government and the
Philippine Commonwealth government in-exile.
 PREAMBLE

The Filipino people, imploring the aid of Divine

Providence and desiring to lead a free national
existence, do hereby proclaim their independence,
and in order to establish a government that shall
promote the general welfare, conserve and develop
the patrimony of the Nation, and contribute to the
creation of a world order based on peace, liberty,
and moral justice, do ordain this Constitution.
HISTORY

• The 1943 Constitution was drafted by a committee appointed by

the Philippine Executive Commission, the body established by the
Japanese to administer the Philippines in lieu of the
Commonwealth of the Philippines which had established a
government-in-exile.

• José P. Laurel was appointed as President by the National

Assembly and inaugurated into office in October 1943. Laurel was
highly regarded by the Japanese for having openly criticised the
US for the way they ran the Philippines, and because he had a
degree from Tokyo International University.
HISTORY

• The new charter was ratified in 1943 by an assembly of

appointed, provincial representatives of the Kalibapi (Kapisanan
ng Paglilingkod sa Bagong Pilipinas), the organization established
by the Japanese to supplant all previous political parties.

• KALIBAPI disappeared after the Japanese surrendered with some

of its leaders arrested for collaboration and treason.

• In late 1944, President Laurel declared a state of war existed with

the United States and the British Empire and proclaimed martial
law, essentially ruling by decree.
 The 1973
Constitution
The 1973 Constitution: draft was presented
to President Marcos by the 1971
Constitutional Convention on December 1,
1972; deemed ratified by Citizens'
Assemblies held from January 10 to 15,
1973, and proclaimed in force by President
Marcos on January 17, 1973.
 PREAMBLE

We, the sovereign Filipino people, imploring the aid

of Divine Providence, in order to establish a
Government that shall embody our ideals, promote
the general welfare, conserve and develop the
patrimony of our Nation, and secure to ourselves
and our posterity the blessings of democracy under
a regime of justice, peace, liberty, and equality, do
ordain and promulgate this Constitution.
 HISTORY

• In 1970, delegates were elected to a constitutional convention

which began to meet in 1971.
• In September 1972, President Ferdinand Marcos declared martial
law and arrested 11 members of the convention. The convention
then re-convened and wrote a constitution in line with what
President Ferdinand Marcos wanted, at least, according to many
critics and victims of martial law.
• Marcos issued Presidential Decree No. 86 calling for the
cancellation of the plebiscite and instituted barangays' citizens'
assemblies to ratify the new constitution by a referendum from 10–
15 January 1973.
 HISTORY

• On 17 January 1973, Marcos issued Proclamation No. 1102 certifying and

proclaiming that the 1973 Constitution had been ratified by the Filipino
people and thereby was in effect.

• These results were challenged by the Ratification Cases heard by the

Philippine Supreme Court in 1973. The court upheld the results and the
ratification of the 1973 Constitution.

• For this plebiscite to changes to voting requirements were implemented.

The voting age was reduced from 18 to 15 years old and those who were
illiterate, as described by the opposition, were allowed to vote.
 HISTORY

• The constitution was promulgated after Marcos' declaration of martial

law or Proclamation No. 1081 which marked the beginning of a 14-
year period of one-man rule which would effectively last until Marcos
was exiled from the country on February 25, 1986.

• Executive power was meant to be exercised by the Prime Minister who

was also elected from amongst the sitting Assemblymen. The Prime
Minister was to be the head of government and Commander-in-Chief
of the Armed Forces. This constitution was subsequently amended four
times.
THE 1973 CONSTITUTION SAW MANY
AMENDMENTS, MOST OF THEM TO
TRANSFER MORE POWER TO THE
PRESIDENT OR THE HEAD OF STATE
 HISTORY

• From 16–17 October 1976, a majority of

barangay voters (also called "Citizen
Assemblies") approved that martial law
should be continued and ratified the
amendments to the Constitution
proposed by President Marcos
 HISTORY

The 1976 amendments were:

• an Interim Batasang Pambansa (IBP) substituting for the Interim National Assembly;
• the President would also become the Prime Minister and he would continue to
exercise legislative powers until such time as martial law was lifted.

The Sixth Amendment authorized the President to legislate on his own on an

"emergency" basis:

• Whenever in the judgement of the President there exists a grave emergency or a

threat or imminence thereof, or whenever the Interim Batasang Pambansa or the
regular National Assembly fails or is unable to act adequately on any matter for any
reason that in his judgment requires immediate action, he may, in order to meet the
exigency, issue the necessary decrees, orders or letters of instructions, which shall
form part of the law of the land.
 HISTORY

The 1973 Constitution was further amended in 1980 and 1981. In the 1980 amendment, the
retirement age of the members of the judiciary was extended to 70 years. In the 1981
amendments, the false parliamentary system was formally modified into a French-style semi-
presidential system:

• executive power was restored to the President;

• direct election of the President was restored;
• an Executive Committee composed of the Prime Minister and not more than 14 members
was created to "assist the President in the exercise of his powers and functions and in the
performance of his duties as he may prescribe;" and the Prime Minister was a mere head of
the Cabinet.
• Further, the amendments instituted electoral reforms and provided that a natural born
citizen of the Philippines who has lost his citizenship may be a transferee of private land
for use by him as his residence
HISTORY

Marcos' purported parliamentary system in practise

functioned as an authoritarian presidential system, with
all real power concentrated in the hands of the
President but with the premise that such was now
constitutional.
 The 1986
Freedom
Constitution
FUN FACT

The 1986 Constitutional Commission drafted the

Philippine Constitution we now know
HISTORY

After Martial Law, the Aquino

government had 3 options with
regard to the law of the land.
HISTORY

• To revert to the 1935 Constitution. But because Marcos

abolished the bicameral legislature they had to resort to
general elections.
• To retain the 1973 Constitution and be granted the power to
make reforms. This was shot down by Aquino as "she did not
want to derive legitimacy and power from the very institutions
that she fought."
• To start anew and break from the "vestiges of a disgraced
dictatorship."
 HISTORY

President Corazon Aquino in April 1986 created – through

Proclamation No. 9 – the 1986 Constitutional Commission
(ConCom), which was responsible for drafting a replacement for
the 1973 Constitution. The Con-Com president was Cecilia Munoz-
Palma.

The new constitution, she said, should be “truly reflective of the

aspirations and ideals of the Filipino people.” This constitution
came into full force and effect on February 11, 1987, after
President Corazon C. Aquino issued Proclamation No. 58.
 HISTORY
• President Corazon C. Aquino issued Proclamation № 3 as a provisional
constitution immediately after the success of the 1986 People Power Revolution
that ousted Marcos

• adopted certain provisions from the 1973 Constitution while abolishing others.

• The most notable of which was the granting of power to the president to
reorganize government and remove officials

• It also mandated the president to appoint a commission to draft a new, more

formal Constitution.

• This is the transitional constitution that lasted a year and came before the
permanent constitution
 HISTORY
• President Corazon C. Aquino issued Proclamation № 3 as a provisional
constitution immediately after the success of the 1986 People Power Revolution
that ousted Marcos

• adopted certain provisions from the 1973 Constitution while abolishing others.

• The most notable of which was the granting of power to the president to
reorganize government and remove officials

• It also mandated the president to appoint a commission to draft a new, more

formal Constitution.

• This is the transitional constitution that lasted a year and came before the
permanent constitution
HISTORY

• On February 2, 1987, a National Plebiscite was

held after a nationwide information campaign
on the draft constitution.
• The question voters had to answer was: "Do
you vote for the ratification of the proposed
Constitution of the Republic of the Philippines
with the ordinance appended thereto?"
 Number of votes

Affirmative votes 16,622,111 (76.30%)

Negative votes 4,953,375 (22.74%)

Abstentions 209,730 (0.96%)

 The 1987
Philippine
Constitution
 CONSTITUTION DAY
• President Corazon C. Aquino issued Proclamation № 3 as a provisional
constitution immediately after the success of the 1986 People Power Revolution
that ousted Marcos

• adopted certain provisions from the 1973 Constitution while abolishing others.

• The most notable of which was the granting of power to the president to
reorganize government and remove officials

• It also mandated the president to appoint a commission to draft a new, more

formal Constitution.

• This is the transitional constitution that lasted a year and came before the
permanent constitution
 What good did the
1987 constitution bring?
 The new constitution aspires to protect human dignity and reduce
economic and cultural inequities through the distribution of wealth
and powe for the common good.

It has provisions that cover differentß aspects of the society like

labor, agrarian, natural resources reform, urban land reform, housing,
health, women, and people's organization.

It aims to put the poor at the center of our development as a nation.

SOCIAL
JUSTICE
The 1987 Constitution upholds workers’ rights of all
Filipinos, local and overseas, through security of
tenure, humane working conditions, and a living
wage. It also recognizes workers’ rights to organize
themselves and to strike.
(Art. XIII, Sec. 3).

LABOR
 The Department of Labor and Employment released two department orders
protecting security of tenure, one in 2011 (DO 18-1 s. 2011) and another in 2017
(DO 174 s. 2017), which prohibit labor-only contracting or contractualization.

In 1995, Congress enacted the Migrant Workers and Overseas Filipinos Act (Republic
Act 8042) and amended it in 2009 (RA 10022) to protect migrant workers against
abuses such as illegal recruitment and traficking, to promote their welfare and that
of their families.

While the regulatory framework and institutions created by our laws to protect
overseas Filipino workers (OFWs) are onsidered a model for many developing
countries, the implementation of the framework and performance of the
institutions need to be strengthened (Orbeta, Abrigo, and Cabalgin 2009). For
example, the government needs more strictly to implement bilateral agreements, as
well as penalties for domestic agencies with violations, and to observe selective
deployment to countries recognizing and protecting workers’ rights in accordance
with the law.
The 1987 Constitution mandates the just distribution
of agricultural land through an agrarian reform which
recognizes the rights of farmers and small
landowners. It also recognizes the rights of
indigenous communities to their ancestral lands and
the rights of fishers to the preferential use of marine
resources (Art. XIII, Sec. 4-8).

AGRARIAN AND
NATURAL
RESOURCES
REFORM
The Comprehensive Agrarian Reform Law or CARL (RA 6657) was enacted in 1988 to
distribute public and private agricultural land to landless farmers and farm workers
through a 10-year Comprehensive Agrarian Reform Program (CARP). CARP was
extended for another 10 years in 1998 by the enactment of the Augmentation
Fund for CARP Implementation (RA 8532), and further extended in 2009 by the
enactment of CARP Extension with Reform or CARPER (RA 9700). By 2016, 4.8
million hectares of eligible land had been distributed, benefiting 2.81 million
agrarian reform beneficiaries (ARBs); the balance to be distributed is 600,504
hectares of private agricultural land (Ballesteros, Ancheto, and Ramos 2017).
 The Indigenous People’s Rights Acts or IPRA
(RA 9371) was enacted in 1997. The law defines
the concept of ancestral domain and mandates
that indigenous peoples (IPs) be given
certificates of ancestral domain title (CADTs).
By June 2015, the National Commission on
Indigenous Peoples (NCIP) had issued 182
CADTs (TEBTEBBA 2016)
 The 1987 Constitution mandates the provision of
affordable decent housing with basic services for all,
and prohibits eviction or demolition except in a just
and humane manner (Art. III, Sec. 9-10).

URBAN LAND
REFORM AND
HOUSING
 The Urban Development and Housing Act or UDHA (RA 7279) was passed
through lobbying of urban poor groups. UDHA directs the national
government to develop a national development and housing framework,
and local governments to develop their shelter plans, identify social
housing sites, and formulate and implement social housing programs. It
also mandates that resettlement sites should be near livelihood and
employment opportunities, which some shelter agencies tend to overlook
if projects are implemented without people’s participation.

Different shelter agencies, such as the National Housing Authority (NHA)

and Social Housing Finance Corporation (SHFC), are providing off-city
resettlement, on-site upgrading through the Community Mortgage
Program
 The PDP-Laban draft federal constitution still recognizes the need for
affordable housing, but only for “homeless citizens.” It omits the rights of
underprivileged Filipinos to social housing that is decent, not just
affordable. It does away with the stipulation that demolition be done in a
“just and humane manner.” A footnote says that “sections on urban land
reform and housing are better left to the Parliament” (PDP-Laban 2017,
60).
The 1987 Constitution, in its commitment to protect
and promote Filipinos’ right to health, calls for
integrated, comprehensive, responsive, and
affordable health services, with priority for the
underprivileged, the sick,
the elderly, the disabled, women, and children (Art.
XIII, Sec. 11-13)

HEALTH
The National Insurance Act of 1995 (RA 7875) was amended in 2013 by RA
10606 to provide for mandatory inclusion of all Filipinos, whether from the
formal or informal economy, and including indigents. It mandates local
governments to provide basic health services (also provided for by the
Local Government Code).

In 2016, 93.4 million Filipinos (91% of the population) were covered by the
National Health Insurance Program (NHIP) being implemented by the
Philippine Health Insurance Corporation (PhilHealth). The NHIP’s Indigent
Program covers 14.6 million poor families along with their 28.8 million
dependents (PhilHealth 2016).
 In the PDP-Laban draft federal constitution,
“the federal and regional governments shall
adopt an integrated and a universal health care
program.” It also has good provisions on health,
proposing “free medical care to indigents and
those living below the poverty line as defined
by the law” (PDP-Laban 2017, 60).
 The 1987 Constitution affirms the role of women in
nation-building and the equality of women and men
(Art. II, Sec. 14). Art. XIII recognizes the need for safe
and healthful working conditions to enhance
women’s welfare and enable them to reach their full
potential (Art. XIII, Sec. 14).

WOMEN
Laws passed for protection of women and
children

• The Anti-Sexual Harassment Act (RA 7877), enacted in 1995,

penalizes persons of authority who demand or request sexual
favors in work, education, or training-related settings.

• The Anti-Rape Law (RA 8353), passed in 1997, reclassified rape

from a crime against chastity to a crime against persons, which
removed the requirement that victims be chaste to be
considered to have been raped. Rape was also reclassified as a
public offense, which means that anyone who has a knowledge
of the crime can file a case on the victim’s behalf.
Laws passed for protection of women and
children

• The Anti-Violence Against Women and Their Children Act (RA 9262)
classifies violence against women and children (VAWC) as a public
crime. By allowing them to seek protection from local authorities, the
law protects women and children who are usually disadvantaged in an
abusive relationship and are likely subjected to physical, sexual, or
psychological violence or to economic abuse.

• The Magna Carta of Women (RA 9710), enacted in 2009, is a landmark

law articulating women’s rights related to freedom from discrimination,
health, marriage, education and training, representation, and
participation. The law also mandates the mainstreaming of a gender
and development (GAD) framework at all levels of government.
 The 1987 Constitution recognizes the need for
people’s participation and the role of people’s
organizations at all levels of social, political, and
economic decision-making through adequate
consultation
mechanisms (Art. XIII, Sec. 15- 16)

PEOPLE’S
ORGANIZA
TIONS
• The 1987 Constitution provided for the initial representation in the
legislature of basic sectors such as labor, peasants, the urban poor,
IPs, women, and youth, through a party-list system with representatives
making up 20% of the House of Representatives (Art. VI, Sec. 5). The
party-list system intended to democratize the legislature and
strengthen a multiparty system by opening opportunities for the
representation of smaller parties and by reserving seats for selected
marginalized sectors through competitive elections for the first
three terms under the system.
• The system has since become vulnerable to cooptation by traditional
political parties and “nonmarginalized” groups (Torres-Pilapil 2015), but
remains a space in which marginalized sectors represented by party-list
groups have a chance to compete for and gain seats in the legislature.
 Laws passed to improve people's
participation

• The Social Reform and Poverty Alleviation Act of 1997 (RA 8425) provides for
representatives to the National Anti-Poverty Commission (NAPC) from 14 basic sectors:
farmers, fishers, urban poor, IPs, formal and informal sector workers, migrant workers,
women, youth and students, persons with disabilities, victims of disasters and calamities,
senior citizens, children, and civil society organizations (NGOs and cooperatives).

• The Local Government Code of 1991 (RA 7160) provides for Local Consultative Bodies
(LCBs), consultative structures for the participation of civil society organizations (people’s
organizations and NGOs) at every level of local governance, from the regional down to the
barangay level. However, various studies show poor compliance of local government units in
establishing and activating LCBs such as the Local Development Councils (LDCs) (Philippine
Partnership for the Development of Human Resources in Rural Areas, n.d.).
CHECKS AND
BALANCES
 The 1987 Constitution recognizes the need for
people’s participation and the role of people’s
organizations at all levels of social, political, and
economic decision-making through adequate
consultation
mechanisms (Art. XIII, Sec. 15- 16)

HUMAN
RIGHTS
HUMAN RIGHTS PROTECTION

• In 2006, RA 9346 reabolished the death penalty.

• The Constitution’s affirmation of human rights after the dictatorship’s abuses is the context
for RA 10368, the Human Rights Victims Reparation and Recognition Act of 2013,
“providing for reparation and recognition of victims of human rights violations during the
Marcos regime, documentation of said violations, appropriating funds therefor and for other
purposes”.

• In times when government policies do not protect the right to life, human rights advocates
can invoke the Constitution for relief from such policies.
 The 1987 Constitution recognizes the need for
people’s participation and the role of people’s
organizations at all levels of social, political, and
economic decision-making through adequate
consultation
mechanisms (Art. XIII, Sec. 15- 16)

FREEDOM
OF SPEECH
ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS
 
 
Direct the officer concerned, in any appropriate case, and subject to such limitations
as may be provided by law, to furnish it with copies of documents relating to
contracts or transactions entered into by his office involving the disbursement or use
of public funds or properties, and report any irregularity to the Commission on Audit
for appropriate action.

COMMISSION
ON AUDIT
Article XI establishes the Office of the
Ombudsman which is responsible for
investigating and prosecuting government
officials.

OFFICE OF THE
OMBUDSMAN
Article XI establishes the Office of the Ombudsman which is responsible for
investigating and prosecuting government officials.
the Ombudsman independently monitors all three branches of the government for
political corruption. The Ombudsman "is principally tasked to investigate on its own
or upon complaint by any person, in any form or manner, any act or omission of any
public officer or employee, including those in government-owned or controlled
corporations, which appears to be illegal, unjust, improper or inefficient.” After an
investigation, the Ombudsman files charges at the Sandiganbayan, a special anti-
graft court.

OFFICE OF THE
OMBUDSMAN
ARTICLE VII says:
"The President shall nominate and, with the consent of the Commission on
Appointments, appoint the heads of the executive departments, ambassadors, other
public ministers and consuls, or officers of the armed forces from the rank of colonel
or naval captain, and other officers whose appointments are vested in him in this
Constitution. He shall also appoint all other officers of the Government whose
appointments are not otherwise provided for by law, and those whom he may be
authorized by law to appoint. The Congress may, by law, vest the appointment of
other officers lower in rank in the President alone, in the courts, or in the heads of
departments, agencies, commissions, or boards.

COMMISSION ON
APPOINTMENTS
regulate the employment and working conditions of civil servants,
oversee hiring and promotions, and promote the values of the public service. Its
role is roughly analogous to that of the human resources department in
corporations.

One of the three three Constitutional Commissions of the Philippines with

responsibility over the civil service. The two others are Commission on Elections and
Commission on Audit.

CIVIL SERVICE
COMMISSION
• The late film director Lino Brocka is credited for inserting the freedom
of expression clause in Article III, Section 4 as the word "freedom" is
"more expansive, it has a wider scope, and it would refer to means of
expression other than speech.”

• He was among the 48 individuals who represented differet sectors in

the country for the ConCom.

• Brocka, whose films explored social realities, walked out of the sessions
due to heated discussions and disapprovals on certain provisions.

• Brocka eventually sent a letter on August 28, 1986 to the commission

stating that he had informed President Cory Aquino of his irrevocable
resignation.
 ARTICLE III
BILL OF RIGHTS

Section 4. No law shall be passed abridging the

freedom of speech, of expression, or of the press,
or the right of the people peaceably to assemble
and petition the government for redress of
grievances.