philippine constitution Flashcards
1
Q
The government is essential for maintaining public order and safety. It enacts and enforces laws that protect citizens from crimes, ensure justice, and preserve peace. For example, the Philippine National Police (PNP) is responsible for law enforcement, while the military protects the nation from external threats.
A
Order and Security
2
Q
Governments provide essential services that individuals and private entities cannot efficiently deliver on their own. These include education, healthcare, infrastructure, transportation, and social services. In the Philippines, public schools, hospitals, and roads are examples of government-provided services.
A
Public Services
3
Q
The government plays a vital role in regulating and stimulating the economy. It implements policies that promote economic growth, reduce unemployment, and control inflation. The government also manages public resources and collects taxes to fund development projects. In the Philippines, the government has initiatives to boost agricultural productivity, support small businesses, and attract foreign investment.
A
Economic Stability and Development
4
Q
A fundamental purpose of government is to protect the rights and freedoms of its citizens. This includes civil rights, political rights, and human rights. The Philippine Constitution enshrines these rights, and the government ensures their protection through the rule of law.
A
protection of rights
5
Q
Governments are necessary to address social inequalities and ensure that all citizens have equal opportunities. This involves implementing policies that promote social justice, such as land reform, labor rights, and welfare programs. In the Philippines, various social protection programs aim to uplift marginalized sectors of society.
A
social justice and equity
6
Q
The government fosters a sense by promoting national symbols, values, and history. In the Philippines, Independence Day and other national celebrations reinforce the sense of belonging and pride among Filipinos.
A
National Unity and Identity
7
Q
are the population that inhabits the state. In the Philippines, the population consists of diverse ethnic groups, cultures, and religions. The citizens of the country form the primary constituency of the state, and their welfare is the state’s responsibility.
A
People
8
Q
refers to the defined geographical area over which the state exercises control. For the Philippines, this includes the archipelago’s 7,641 islands and the surrounding waters, as defined by its constitution and international law, also encompasses the airspace and maritime zones.
A
Territory
9
Q
the organization through which the state’s authority is exercised. In the Philippines, operates under a democratic framework, with three main branches: the Executive, Legislative, and Judiciary.
A
Government
10
Q
Headed by the President, who is the head of state and government, responsible for implementing and enforcing laws.
A
Executive
11
Q
Comprised of the Senate and the House of Representatives, responsible for making laws.
A
Legislative
12
Q
Headed by the Supreme Court, responsible for interpreting laws and ensuring justice
A
Judiciary
13
Q
3 branches of government
A
executive, legislative and judiciary
14
Q
refers to the supreme power of the state to govern itself, free from external control. It encompasses the state’s authority to make decisions, enforce laws, and conduct foreign relations. In the Philippines, vested in the people, as reflected in the democratic processes and the constitution.
A
Sovereignty
15
Q
the fundamental law of the land, serving as the supreme legal document that outlines the structure, powers, and limitations of the government, as well as the rights and duties of its citizens. It is the foundation upon which all other laws in the country are based.
A
The Philippine Constitution
16
Q
The Philippine Constitution is the highest legal authority in the country. All other laws, executive orders, and judicial decisions must conform to it. If any law or action by the government contradicts the Constitution, it can be declared unconstitutional and therefore invalid.
A
Supreme Law
17
Q
The Philippine Constitution is a written document, meaning it is formally documented in a single, organized text. It is also rigid, meaning that it cannot be easily amended or changed. The process of amending the Constitution is intentionally challenging to ensure stability and protect it from frequent or arbitrary changes.
A
Written and Rigid
18
Q
where sovereignty resides in the people, and all government authority emanates from them. It ensures that the government is elected by the people and is accountable to them.
A
Democratic and Republican
19
Q
The Constitution guarantees a wide range of civil liberties and human rights, including freedom of speech, freedom of religion, the right to due process, and protection from discrimination. These rights are enshrined in the Bill of Rights, which serves as a safeguard against government abuse and overreach.
A
Protective of Human Rights
20
Q
The Constitution lays out the framework for the country’s political system, including the separation of powers among the Executive, Legislative, and Judicial branches. This structure is designed to ensure checks and balances, preventing any single branch from becoming too powerful.
A
Establishes the Structure of Government
21
Q
The Constitution is the source of all governmental power. It grants and limits the powers of each branch of government, ensuring that all actions taken by public officials are within the bounds of the law.
A
Foundation of Government Authority
22
Q
One of the primary functions of the Constitution is to protect the fundamental rights and freedoms of individuals. The Bill of Rights explicitly lists the rights that are inviolable, and the government is obligated to respect and protect these rights.
A
Protection of Fundamental Rights
23
Q
The Constitution provides the guidelines for how laws are made in the country. It outlines the process of legislation, from the proposal of bills in Congress to their approval or veto by the President. It also establishes the procedures for amending the Constitution itself.
A
Framework for Lawmaking
24
Q
The Constitution empowers the judiciary to review and interpret laws, executive actions, and administrative orders to ensure they comply with the Constitution. The Supreme Court, in particular, has the authority to declare laws or actions unconstitutional, thus nullifying them.
A
Basis for Judicial Review
25
The Constitution articulates the national ideals, goals, and principles that guide the Philippines as a nation. This includes the promotion of social justice, the common good, and the protection of national sovereignty. It also emphasizes the importance of education, health, and environmental protection.
Establishes National Ideals and Goals
26
The Constitution mandates mechanisms for holding public officials accountable for their actions. This includes provisions for impeachment, the declaration of assets and liabilities, and the requirement for government transparency. These measures help prevent corruption and abuse of power.
Ensures Accountability and Transparency
27
By providing a common legal framework, the Constitution promotes national unity and stability. It serves as a unifying document that all citizens and government officials must adhere to, regardless of political or social differences.
Promotes National Unity and Stability
28
The Constitution outlines how the Philippines interacts with other countries and international organizations. It defines the powers of the President and Congress in matters of foreign policy, treaties, and defense, ensuring that these actions are consistent with the nation's sovereignty and interests.
Regulates Foreign Relations
29
the cornerstone of the country's legal and political system. It provides the foundation for governance, protects individual rights, ensures the rule of law, and guides the nation toward its aspirations. Without it, the government would lack legitimacy, and the rights of citizens would be at risk.
Philippine Constitution
30
3 methods by which amendments or revisions can be proposed. These methods are outlined in Article XVII of the 1987 Philippine Constitution
1. Constituent Assembly
2. Constitutional Convention
3. People's Initiative
31
The Congress, as a constituent assembly, can propose amendments or revisions
Initiation
32
This requires a vote of three-fourths (3/4) of all the members of Congress (both the Senate and the House of Representatives) voting separately.
Voting Requirement
33
Initiation and
Voting Requirement
Constituent Assembly
34
Initiation: Congress may call for a constitutional convention in two ways:
By a vote of two-thirds (2/3) of all its members.
By a majority vote of all its members, then submitting the question of calling a convention to the electorate in a plebiscite.
Constitutional Convention
35
Initiation: The people themselves can directly propose amendments through a petition.
People's Initiative
36
Requirements: The petition must be signed by at least 12% of the total number of registered voters, with at least 3% of registered voters in each legislative district.
People's Initiative
37
Limitations: This method is applicable only for amendments, not for revisions, and is subject to the procedures outlined by law.
People's Initiative
38
These methods ensure that any changes to the Constitution undergo rigorous scrutiny, whether through representatives or directly by the people.
Approval Process
39
Regardless of the method used to propose an amendment or revision, it must be ratified by a majority of the votes cast in a national plebiscite, which is held not earlier than 60 days or later than 90 days after the approval of the proposal by Congress or the Constitutional Convention, or after the certification by the Commission on Elections of the sufficiency of the petition for a People’s Initiative.
Approval Process
40
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 I
NATIONAL TERRITORY
41
is necessary for ensuring that the country's sovereignty, territorial integrity, and national interests are protected and promoted. It serves as the foundation for the Philippines' domestic governance and international relations, providing legal clarity and supporting the country's historical and cultural identity.
The constitutional provision on the National Territory of the Philippines
42
The definition of national territory asserts the country's sovereignty over its land, waters, and airspace. This establishes the extent of the Philippine government's authority and jurisdiction, both domestically and internationally. It is essential for protecting the country’s resources and ensuring that laws and policies apply within clearly defined boundaries.
1. Sovereignty and Jurisdiction
43
The provision ensures that the country's territorial integrity is maintained and defended. It provides a legal basis for asserting and protecting the Philippines' territorial claims, especially in disputes or negotiations with other countries. For instance, the constitutional reference to the "archipelago" includes not only the islands but also the waters within and between them, supporting the country's stance in maritime disputes, like those in the West Philippine Sea.
2. Territorial Integrity
44
Clearly defining the national territory helps the Philippines interact with other nations and international bodies. It is essential in diplomatic negotiations, treaties, and agreements involving territorial issues. For example, when establishing maritime boundaries or Exclusive Economic Zones (EEZs) with neighboring countries, the constitutional definition serves as a reference point.
3. International Relations
45
The provision provides clarity and consistency in the application of the Constitution and laws. By specifying what constitutes the national territory, it ensures that there is no ambiguity about where the laws of the Philippines apply. This is particularly important in areas such as environmental protection, resource management, and national security.
4. Legal and Constitutional Clarity
46
The inclusion of the national territory in the Constitution reflects the country's historical and cultural identity. It acknowledges the significance of the archipelago, the ancestral lands, and the waters that have been integral to the Filipino people for centuries. It also reaffirms the historical claims over territories that have been part of the Philippines since its independence.
5. Cultural and Historical Identity
47
The constitutional provision on national territory is fundamental to national defense planning and strategy. By clearly defining the boundaries, the government can better defend against external threats, monitor the entry and exit of foreign vessels or aircraft, and protect the nation’s resources from illegal exploitation.
6. National Defense and Security
48
This clause underscores a fundamental principle of Philippine democracy. The separation of Church and State means that the government cannot favor any religion or religious institution, nor can it use public funds to support any religious activity. Likewise, religious groups are not allowed to control or unduly influence governmental functions or decision-making processes.
"The separation of Church and State shall be inviolable."
49
"The separation of Church and State shall be inviolable."
Article II, Section 6 of the 1987 Constitution states
50
emphasizes that this separation is absolute and must be upheld at all times, protecting both religious freedom and ensuring that governance remains secular. It is intended to prevent conflicts and promote harmony in a religiously diverse society like the Philippines.
The term "inviolable"
51
“The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the government.”
Article II, Section 12 of the 1987 Constitution of the Philippines states:
51
This provision emphasizes the importance of the family as the fundamental unit of society and commits the state to support and protect the integrity and autonomy of family life. It acknowledges the family’s essential role in nurturing and educating the youth, ensuring that the government respects and upholds the rights and responsibilities of parents in raising their children.
Article II, Section 12 of the 1987 Constitution of the Philippines states:
52
The phrase "It shall equally protect the life of the mother and the life of the unborn from conception" is part of Article II, Section 12 of the 1987 Philippine Constitution.
Article II, Section 12 of the 1987 Constitution of the Philippines states:
53
"The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature."
Article II, Section 16 of the 1987 Constitution of the Philippines states:
54
This provision recognizes the right of every Filipino to live in an environment that is balanced, healthful, and sustainable. It places a duty on the State to actively protect, conserve, and promote ecological health. This includes measures to ensure sustainable development, prevent environmental degradation, promote environmental conservation, and address issues such as pollution, deforestation, and climate change.
Article II, Section 16 of the 1987 Constitution of the Philippines states:
55
The phrase "in accord with the rhythm and harmony of nature" emphasizes the importance of maintaining natural systems and processes, advocating for harmony between human activity and the environment. This constitutional right has been foundational in the development of environmental laws, regulations, and policies in the Philippines and has been cited in landmark legal cases that affirm environmental protection as a fundamental human right.
"The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature."
56
"The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development."
Article II, Section 17 of the 1987 Constitution of the Philippines states
57
This provision mandates the State to prioritize and invest in key areas that are essential for the nation's growth and development. By focusing on education, science and technology, arts, culture, and sports, the Constitution aims to foster a sense of patriotism and nationalism among citizens, while also promoting social and economic progress.
"The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development."
58
The inclusion of education underscores its importance in empowering individuals and communities, providing them with the knowledge and skills needed for personal development and national advancement. Emphasizing science and technology highlights the role of innovation in economic growth and competitiveness. The recognition of arts, culture, and sports reflects their significance in preserving national identity, promoting unity, and enhancing the overall well-being of society.
Article II, Section 17 of the 1987 Constitution of the Philippines states:
59
The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.
DECLARATION OF PRINCIPLES AND STATE POLICIES
section 1
60
The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.
section 2 DECLARATION OF PRINCIPLES AND STATE POLICIES
61
Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.
section 3 DECLARATION OF PRINCIPLES AND STATE POLICIES
62
The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service.
Section 4 DECLARATION OF PRINCIPLES AND STATE POLICIES
63
The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.
DECLARATION OF PRINCIPLES AND STATE POLICIES Section 5.
64
The separation of Church and State shall be inviolable.
DECLARATION OF PRINCIPLES AND STATE POLICIES section 6
65
The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.
section 7 STATE POLICIES
DECLARATION OF PRINCIPLES AND STATE POLICIES
66
The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.
section 8 STATE POLICIES
DECLARATION OF PRINCIPLES AND STATE POLICIES
67
The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.
section 9 STATE POLICIES
DECLARATION OF PRINCIPLES AND STATE POLICIES
68
The State shall promote social justice in all phases of national development.
section 10 STATE POLICIES
DECLARATION OF PRINCIPLES AND STATE POLICIES
69
The State values the dignity of every human person and guarantees full respect for human rights.
section 11 STATE POLICIES
DECLARATION OF PRINCIPLES AND STATE POLICIES
70
The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.
section 12 STATE POLICIES
DECLARATION OF PRINCIPLES AND STATE POLICIES
71
The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.
section 13 STATE POLICIES
DECLARATION OF PRINCIPLES AND STATE POLICIES
72
The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.
section 14 STATE POLICIES
DECLARATION OF PRINCIPLES AND STATE POLICIES
73
The State shall protect and promote the right to health of the people and instill health consciousness among them.
section 15 STATE POLICIES
DECLARATION OF PRINCIPLES AND STATE POLICIES
74
The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.
section 16 STATE POLICIES
DECLARATION OF PRINCIPLES AND STATE POLICIES
75
The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.
section 17 STATE POLICIES
DECLARATION OF PRINCIPLES AND STATE POLICIES
76
The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.
section 18 STATE POLICIES
DECLARATION OF PRINCIPLES AND STATE POLICIES
77
. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.
section 19 STATE POLICIES
DECLARATION OF PRINCIPLES AND STATE POLICIES
78
The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.
section 20 STATE POLICIES
DECLARATION OF PRINCIPLES AND STATE POLICIES
79
The State shall promote comprehensive rural development and agrarian reform.
section 21 STATE POLICIES
DECLARATION OF PRINCIPLES AND STATE POLICIES
80
. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.
section 22 STATE POLICIES
DECLARATION OF PRINCIPLES AND STATE POLICIES
81
The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation.
section 23 STATE POLICIES
DECLARATION OF PRINCIPLES AND STATE POLICIES
82
The State recognizes the vital role of communication and information in nation-building.
section 24 STATE POLICIES
DECLARATION OF PRINCIPLES AND STATE POLICIES
83
The State shall ensure the autonomy of local governments.
section 25 STATE POLICIES
DECLARATION OF PRINCIPLES AND STATE POLICIES
84
The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.
section 26 STATE POLICIES
DECLARATION OF PRINCIPLES AND STATE POLICIES
85
The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.
section 27 STATE POLICIES
DECLARATION OF PRINCIPLES AND STATE POLICIES
86
Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.
section 28 STATE POLICIES
DECLARATION OF PRINCIPLES AND STATE POLICIES
87
"refers to any change in the Constitution that adds, reduces, or deletes without altering the basic principle involved, and without affecting the substantial provisions of the Constitution."
Amendments
88
involves an overhaul or change of the principle of one or many provisions.
Revision
89
PHILIPPINE CONSTITUTION, METHODS OF CHARTER CHANGE
Constituent assembly, constitutional convention, people's initiative
90
Called into existence by Congress, with a vote of two-thirds of all its Members.
Majority vote of all of the Members of Congress, submitting to the electorate the question of calling such a convention.
proposal: Constitutional Convention
91
Petition of at least 12 percent of the total number of registered voters, of which every legislative district must be represented by at least three percent of the registered voters therein
proposal ; People's Initiative
91
Plebiscite, not earlier than 60 days, nor later than 90 days after the submission of the amendments or revision
ratification. Constitutional Convention
92
Plebiscite, not earlier than 60 days nor later than 90 days after the certification by the Commission on Elections of the sufficiency of the petition.
Proposal; Constitutional Convention
92
what comprises a state
people, territory, government and sovereignty
93
is authorized to make laws, alter, and repeal them through the power vested in the Philippine Congress. This institution is divided into the Senate and the House of Representatives.
The Legislative branch
93
evaluates laws. It holds the power to settle controversies involving rights that are legally demandable and enforceable. This branch determines whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part and instrumentality of the government. It is made up of a Supreme Court and lower courts.
judicial branch
94
branch carries out laws. It is composed of the President and the Vice President who are elected by direct popular vote and serve a term of six years. The Constitution grants the President authority to appoint his Cabinet. These departments form a large portion of the country's bureaucracy.
executive branch
95
Purpose and necessity of government
* Order and Security
* Public Services
* Economic Stability and Development
* Protection of Rights
* Social Justice and Equity
* National Unity and Identity
96
* Order and Security
* Public Services
* Economic Stability and Development
* Protection of Rights
* Social Justice and Equity
* National Unity and Identity
Purpose and necessity of government
97
a set of rules that guides how a country, state, or other political organization work
constitution
98
importance of constitution
*maintain law and order
*impose rules and regulations
*protect individual rights and freedom
*limits the power of the government
99
*maintain law and order
*impose rules and regulations
*protect individual rights and freedom
*limits the power of the government
importance of constitution
100
spanish reign of terror
filipino spanish truce
exile of aguinaldo
malolos republic/first philippine republic
malolos constitution january 21 1899
us spain secret agreement
decalration of philippine independence june 12 1898
1899 malolos constitution
101
salient features of 1899 constitution
not fully implemented due to eruption of philippine US war
*popular, representative government
*unicameral legislator
*separation of church and state
*bill of rights
*compulsory and free basic education
102
salient features of 1935 constitution
the implementation was interrupted due to japanese occupation
*bicameral legislator
*4 year term for the president and vice president w/out re-election
*right to vote 21+male citizens extended to women
103
salient features of 1943 constitution
short lived constitution because american came back and gave us our independence on july 4,1946
*strong executive powers
*unicameral national assembly
104
marcos was elected president in 1965
marcos was re elected president in 1969
con-con began to meet in 1971
1973 constitution
marcos declared martial law in 1972
marcos administration
105
*parliamentary government with prime minister and a president
*legislative powers was vested in a unicameral national assembly elected by people
legalized all decrees , proclamations and orders of president
salient features of 1973 constitution
106
the national assembly was replaced by the interim batasang pambansa
president would became the prime minister exercised legislative powers until martial law was lifted
1976 amendment
107
was enacted upon the declaration of independence of the Philippines from Spanish rule, and shortly before the Philippine-American War erupted. It had a total of 14 titles and 102 articles, the longest titles dealing with individual rights and the rest related to the administration of government. It was originally written in Spanish and was named after the place where it was signed, in Barasoain Church, Malolos, Bulacan.
The 1899 Malolos Constitution (1899-1901)
108
was never fully implemented due to several factors, primarily the US colonial regime under which the Philippines was placed. However, it paved the way for the Philippines to be known as the first republic in Asia.
The 1899 Malolos Constitution (1899-1901)
109
established the Philippine Commonwealth. It had a total of 17 articles, subdivided into sections, and prepared the Philippines to establish its complete independence from the sovereignty of the United States. Key sections include the Bill of Rights, Citizenship and Suffrage, as well as the powers of the three branches of the government.
The 1935 Constitution (1935-1943, 1945-1973
110
During the Japanese Occupation of the Philippines, a new Constitution was enacted. It was called a __ because decisions and actions were highly controlled by the Japanese Military Administration.
puppet government
111
differed from the previous constitution in a number of ways. For example, this version of the Constitution begins with the Republic and an enumeration of the three branches of government. The Bill of Rights was renamed "Duties and Rights of the Citizen." It is also the shortest Philippine Constitution at only 12 articles.
The 1943 Constitution (1943-1945)
112
was renamed "Duties and Rights of the Citizen." It is also the shortest Philippine Constitution at only 12 articles.
The Bill of Rights
113
shifted the system of the Philippine national government from presidential to parliamentary. Instead of Congress, it is the National Assembly which is vested with the power of legislation, headed by the Prime Minister, who serves as the Head of Government and the Commander-in-Chief of the Armed Forces of the Philippines. The President retains being Head of State and Chief Executive.
The 1973 Constitution (1973-1986).
114
has 17 articles. Many of its provisions were given with the imprimatur of then-dictator Ferdinand Marcos, Sr., favoring him and his ilk and allowing him to remain in power and plunder the country for more than twenty years. Certain provisions were revised in 1976, 1980, and 1981. This Constitution persisted until the promulgation of the 1987 Constitution
The 1973 Constitution (1973-1986).
115
This Constitution reinstated the bicameral legislature, removed the position of Prime Minister, and strengthened certain provisions to prevent government abuse, empower the people, and ensure the operation of republican and democratic principles.
It has the Preamble and 18 articles. In it, it describes the three branches of government and the independent constitutional commissions: COA, COMELEC, and CSC.
The 1987 Constitution (1987-present).
116
In Francisco v. House of Representatives³, the Supreme Court stated three basic principles when interpreting the Constitution.
verba legis, ratio legis est anima, and ut magis valeat quam pareat
117
Whenever possible, the words used in the Constitution must be given their ordinary meaning, except where technical terms are employed. It highlights that the Constitution, even though it is essential to the rule of law, is NOT primarily a lawyer's document, and must be understood by the average person in order to be ever-present in the people's consciousness
verba legis
118
In cases of ambiguity, the words of the Constitution should be interpreted in accordance with the intent of the framers. It stresses that a doubtful provision must be examined in the light of the history of the times, and the condition and circumstances under which the Constitution was framed.
ratio legis est anima
119
The Constitution should be interpreted as a whole. This means that certain provisions should not be taken by themselves, especially in order to favor a specific objective, but rather interpreted together with all other provisions
ut magis valeat quam pareat
120
Words in the Constitution must be given their ordinary meaning
verba legis
121
The Constitution should be interpreted as a whole
ut magis valeat quam pareat
122
The Constitution should be interpreted based on the intent of the framers
ratio legis est anima
123
Articles VI talks about _______, the branch of the government tasked to make laws. It covers both the Senate and the House of Representatives, which together comprises the Philippine Congress.
The Legislative Department
124
is composed of 24 senators, serving 6 years for a maximum of 2 consecutive terms (Art. VI, Sec. 2 and 4). It is helmed by the Senate President (Art. VI, Sec. 16(1))
senate
125
on the other hand, is composed of a maximum of 250 members (unless otherwise increased by law), taking proportional representation from legislative districts based on the number of respective inhabitants (Art. VI, Sec. 5).
the house of representatives
126
not only legislative power but also the "power of the purse", giving its imprimatur on government budget and spending (Art. VI, Sec. 24 and 25).
congress
127
which gives sectoral groups access to representation in the House of Representatives (Art. VI, Sec. 5). Members of the House of Representatives serve for 3 years, for a maximum of 3 consecutive terms (Art. VI, Sec. 7). The Constitution mandates that the House of Representatives should elect its Speaker by majority vote, as well as choose other officers (Art. VI, Sec. 16).
party list system
128
which implements the laws, headed by the President. In addition to heading all the executive departments, bureaus, and offices, the President is also the Commander-in-Chief of the Armed Forces of the Philippines.
Article VII the Executive Department
129
known as the Chief Architect of foreign policy, although all treaties and international agreements must still be concurred in by at least two-thirds of the Members of the Senate for them to be valid and effective (Art. VII, Sec. 21).
the president
130
Article VIII focuses on the Judiciary, which interprets the laws. It is headed by the Supreme Court, composed of the Chief Justice and 14 Associate Justices, serving until 70 years of age or until too incapacitated to perform the duties required by their respective offices (Art. VIII, Sec.4(1); Sec. 11).
All members of the judicial branch must be members of the Philippine Bar (licensed lawyers).
the judiciary
131
Article IX enumerates the different Constitutional Commissions. This includes the Commission on Elections, the Commission on Audit, and the Civil Service Commission. These are independent bodies designed to keep the three branches of government in check. All three enjoy fiscal and administrative autonomy to help ensure that they are not influenced by politics.
Independent and Special Offices
132
serves as the central personnel agency of the government and handles the rules of admission, conduct, and discipline of those in public service.
Civil Service Commission
133
is tasked to enforce all laws and regulations related to elections, plebiscites, initiatives, referendum, and recall. It also decides controversies related to the qualifications and election of all elective regional, provincial, and city officials
Commission on Elections
134
ensures that government funds are properly spent and accounted for. It covers all bodies of Government, including government-owned and controlled corporations (GOCCs) and autonomies states' colleges and universities
The Commission on Audit
135
