1987 constitution PDF

Preview

Summary

THE 1987 PHILIPPINE CONSTITUTIONWhat is a Constitution? The written instrument by which the fundamental powers of the government are established, limited, and defined and by which these powers are distributed among several departments or branches for their safe and useful exercise for the benefit o...

Description

THE 1987 PHILIPPINE CONSTITUTION What is a Constitution?  The written instrument by which the fundamental powers of the government are established, limited, and defined and by which these powers are distributed among several departments or branches for their safe and useful exercise for the benefit of the people.  Nature and Purposes : a. Serves as the supreme or fundamental law b. Establishes the basic framework and underlying principles of the government

The Framing and Ratification of the 1987 Philippine Constitution  On April 1986, President Aquino issued Proclamation No. 9 creating a constitutional commission to draft a new constitution as provided for in the Freedom Constitution.  President Corazon C. Aquino addressed the opening session on June 2, 1986 at the former Batasang Pambansa Building.  Debates and heated arguments took placed.  On October 12, 1986, the Constitutional Commission finished its work; and the draft of the said constitution was submitted to the President on October 15, 1986 and;  On February 2, 1987, a plebiscite for the charter’s ratification was held.  76.37% (17,059,495) “YES” votes and 22.65% (5,058,714) “NO” votes.  On February 2, 1987, the new constitution was ratified and made effective.

Significant Features of the 1987 Philippine Constitution Sovereignty of the people Supremacy of the civilian authority over the military Separation of powers

Preambles and Articles Preamble We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations,

promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. Article 1. National Territory The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

Article 2. Declaration of Principles and State Policies Article II 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.

Article 3. Bill of Rights Article III enumerates specific protections against the abuse of state power, most of which are similar to the provisions of the U.S. Constitution of public concern Sections :

 1. Right to life, liberty and property , and equal protection of the law.  2. Warrant of arrest, search and seizures, probable cause, warrantless arrest  3. Privacy of communication  4. Freedom of speech, right to free press, freedom of assembly, right to petition  5. Free exercise and enjoyment of religious profession and worship without discrimination  6. Liberty of abode and right to travel  7. Right of the people on the matters of the public shall be recognized  8. Right to form unions  9. Right to Just Compensation  10. Non-Impairment Clause  11. Free Access to Court  12 – 22 . Rights of the accused

Article 4. Citizenship Article IV defines the citizenship of Filipinos. It enumerates two kinds of citizens: natural-born citizens and naturalized citizens. Natural-born citizens are those who are citizens from birth without having to perform any act to acquire or perfect Philippine citizenship. The Philippines follows a jus sanguinis system where citizenship is mainly acquired through a blood relationship with Filipino citizens. Natural-born citizenship forms an important part of the political system as only natural-born Filipinos are eligible to hold high offices, including all elective offices beginning with a representative in the House of Representatives up to the President.

Article 5. Suffrage Article V 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 6. Legislative Department Article VI 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 7. Executive Department Article VII provides for a presidential form of government where the executive power is vested on the President. It provides for the qualification, terms of office, election, and power and functions of the President. It also provides for a Vice President and for the presidential line of succession.

Article 8. Judicial Department Article VIII vests the judicial power upon the Supreme Court and other lower courts as may be established by law (by Congress). While the power to appoint justices and judges still reside with the President, the President may only appoint nominees pre-selected by the Judicial and Bar Council, a body composed of the Chief Justice of the Supreme Court, the Secretary of Justice, the Chairs of the Senate and House Committees on Justice, and representatives from the legal profession.

Article 9. Constitutional Commissions

Article IX establishes three constitutional commissions: the Civil Service Commission, the Commission on Elections, and the Commission on Audit.

Article 10. Local Government Article X pursues for local autonomy and mandates Congress to enact a law for the local government, now currently the Local Government Code.

Article 11. Accountability of Public Officers 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 12. National Economy and Patrimony Section 1. The goals of the national economy are a more equitable distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and an expanding productivity as the key to raising the quality of life for all, especially the underprivileged.

Article 13. Social Justice and Human Rights Section 1. The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments.

Article 14. Education, Science and Technology, Arts, Culture and Sports Section 1. The State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all.

Article 15. The Family Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.

Section 16. General Provision Section 1. 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.

Section 17. Amendments and Revision Section

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

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

Section 18. Transitory Provisions Section 1. The first elections of Members of the Congress under this Constitution shall be held on the second Monday of May, 1987. The first local elections shall be held on a date to be determined by the President, which may simultaneous with the election of the Members of the Congress. It shall include the election of all Members of the city or municipal councils in the Metropolitan Manila area.

Distinction of the 1987 Philippine Constitution SUFFRAGE  All Filipino citizens (at least 18 years old)  No literacy, property or other substantive requirement  The Congress provides secrecy and sanctity of the ballots  Designed a system for the disabled and the illiterates to vote without the aid of other people

PRINCIPLES AND STATE POLICIES  Democratic and republican

 Recognizes the role of women in nation-building  Balanced and healthful ecology  Gives priority to education, science and technology, arts, culture and sports to foster patriotism and nationalism  Comprehensive rural development and agrarian reform  Recognizes and promotes the rights of indigenous cultural communities  Highlights transparency in governance

LEGISLATIVE  vested in the Congress of the Philippines vested in the Congress of the Philippines...