An
Introduction
to the 1987
Constitution
What is a Constitution?
A constitution is a set of
primary principles and laws that
defines what government the
people intends to establish. It
guides the government on how
to rule the state.
A Background on the 1987
Constitution
The dictatorial rule of Marcos ended in 1896, in the wake of the EDSA People
Power Revolution.
This event restored democracy in the Philippines.
After the ouster of the Marcos dictatorship, a revolutionary government was
organized under the leadership of Corazon Aquino. This Government promulgated
a Freedom Constitution which contained provisions establishing a transitional
government and instituted initial changes which restored democracy to the Philippines.
The administration also declared the formation of a Constitutional Commission to create
a new constitution. This constitution was ratified on February 2, 1987, and still serves
as the basis of governance in the country up to the present.
The 1987 Philippine
Constitutions
Article 1
Article 2
National Territory
Declaration of Principles and State Policies
Article 3 Bill of Rights
Article 4 Citizenship
Article 5 Suffrage
Article 6 Legislative Department
Article 7 Executive Department
Article 8 Judicial Department
Article 9 Constitutional Commissions
Article 10 Local Government
Article 11 Accountability of Public Officers
Article 12 National Economy and Patrimony
Article 13 Social Justice and Human Rights
Article 14 Education, Science and Technology, Culture and S
Article 15 The Family
Article 16 General Provisions
Article 17 Amendments or Revisions
Article 18 Transitory Provisions
Branches of
Government:
Focus on the
Branches of
Government and
their roles and
functions
The Executive Branch is the institution that governs the state by
implementing laws and creating policies and programs to respond to the
needs of the state. This branch is headed by the chief executives such as
the President and Prime Minister.
The Legislative Branch the law making institution of the government,
also known as the legislature, In a presidential system, the government
has a legislative branch distinct from the executive branch, while in
parliamentary system, the legislative and executive branches are
combined. In the Philippines, the legislative branch is embodied by the
Philippine Congress which is divided into two houses – the upper house
and the lower houses are elected by the citizens and are expected to
create laws for the state.
The Judiciary or Judicial Branch is composed of the courts that
interpret and apply the laws of the state. The highest court in the
Philippines is theSupreme Court which oversees all lower and special
courts in the country. The judicial branch is tasked with hearing and
deciding cases of violations of law
FunFact :The 3 branches of government are considered to be co-
equal and separate under the Principle of Separation of Powers.
Under this principle, each branch has specific areas of responsibility.
One branch cannot unduly influence the actions and decisions of
another. Meanwhile, the concept of checks and balances allows
the branches to impose certain limits on the powers of one another to
prevent the misuse or abuse of authority and power.
THE EXECUTIVE BRANCH OF
THE GOVERNMENT
THE EXECUTIVE DEPARTMENT
The Executive 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
THE EXECUTIVE DEPARTMENT
The Constitution assigns the powers of the Executive branch to the
President of the Philippines.
. He or she is tasked with appointing the members of the
cabinet and the different departments.
The President also serves as the Commander-in-Chief of the Armed
forces of the Government.
And has the option to declare martial law to address the threat
of rebellion or invasion.
He or she directly replaces the President in case of death,
permanent disability, removal from office, or resignation of
the latter. The Vice President may also be given a separate
position in the Cabinet.
THE PRESIDENT
The President leads the
country.
He/she is the head of
state, leader of the
national government, and
Commander in Chief of all
armed forces of the
Philippines. Ferdinand "Bongbong" Romual
The President serves a six- dez Marcos Jr
year term and cannot be
THE VICE-PRESIDENT
The Vice President
supports the President.
If the President is unable
to serve, the Vice
President becomes
President.
He/she serves a six
year term.
No vice-president
SARA Z. DUTERTE shall serve for more
than two consecutive
terms.
THE CABINET MEMBERS
Cabinet members serve as advisors to the
President.
They include the Vice President and the
heads of executive departments.
Cabinet members are nominated by the
President and must be confirmed by the
Commission of Appointments
Department of Interior and Local Government (DILG) – the
department supervises the implementation of national policies in
the local government units in the country. It also oversees the
Philippine National Police.
Department of National Defense (DND) – ensures the protection
of the state against external forces. To accomplish this goal, the DND
heads the Armed forces of the Philippines, which include the
Philippine Army, Philippine Navy and the Philippine Air Force.
Department of Agrarian Reform (DAR) – the DAR is involved in
implementing programs to advance agrarian reform in the country.
Such programs ensure that farmers are given sufficient land are
provided agricultural assistance as well.
Department of Agriculture (DA) – spearheads projects to improve agricultural
production. The DA also oversees the import and export of Agricultural goods.
Department of Education (DepEd) – carries out programs aimed a improving
education in the country. Particularly for the primary and the secondary levels.
Education programs for institutions of higher education are under the
supervision of the Commission on Higher Education.
Department of Health (DOH) -- organizes the health programs of the
government. It also administers the hospitals and medical centers across the
country and agencies such as the Food and Drug Administration and the
National Nutrition council.
Department of Labor and Employment (DOLE) – is in charge of projects
that guarantee the wellbeing of employees in the country. The DOLE also
oversees the Philippine Overseas Employment Agency (POEA) which
conducts programs intended for Overseas Filipino Workers (OFWs).
Department of Social Welfare and Development (DSWD) – tasked with
developing projects to help filipinos easily access social services and improve
their quality of life. These projects include financial and legal aid to the poor as
well as assistance on victims of violence and national disasters.
Department of Justice (DOJ) – responsible for upholding law and justice. It
supervises the criminal justice system in the country and also heads agencies
including the National Bureau of Investigation(NBI) Bureau of Immigration, and
the Public Attorney’s Office (PAO).
Department of Foreign Affairs (DFA) – in charge of our country’s diplomatic
relations with other states. It also protects the rights of filipino citizens residing
overseas. The DFA oversees the various embassies and consulates of the
Philippines in other countries.
Department of Environment and Natural Resources (DENR) – organizes
programs that focus on the conservation and responsible us of the country’s
natural resources. It also ensures the sustainability and protection of the
environment.
Department of Energy (DOE) – mandated to create projects which shall lead
to the development, proper conservation of the energy resources of the country
including electricity and oil reserves.
Department of Finance (DOF) – tasked with developing programs and
policies which shall help the government generate revenue for its projects. It is
also the department that handles the national debt and spearheads the general
improvement of the Philippine economy. The Bureau of Internal Revenue is
under its jurisdiction.
Department of Budget and Management (DBM) – is specifically incharge of
allocating different resources of the government for the achievements of its
objectives. These resources are not only limited to funds, but also include
technologies, material goods and etc.
Department of Trade and Industry (DTI) – oversees the conduct of trade
in the country. It also manages national investments and supervises the
operation of industries. In addition, it is also tasked with protecting the rights
of both consumers and businessmen.
Department of Economic and Development Authority (NEDA) – constantly
monitors the national economy and analyzes the economic trends. It then uses
its findings to create plans for economic policies and recommendations for
national and local economic projects.
Department of Tourism (DOT) – leads in promoting the tourism industry in the
country. It also aims to develop tourism as a way to encourage foreign
investment and improve the economic well-being of Filipinos. One way through
which this is done is by promoting and developing tourist destinations in the
Philippines.
Department of Public Works and Highways (DPWH) – tasked with the
planning of public infrastructure projects. And the construction and maintenance
of infrastructure facilities throughout the country. These facilities include roads,
bridges, public buildings, and drainage systems.
Department of Science and Technology (DOST) – implements programs
aimed at utilizing the fields of science and technology to contribute to
national progress. It also aims to promote scientific awareness of filipinos.
Department of Transportation (DOTr) – the DOTr plans and implements
projects that contribute to the continual improvement of transportation systems
throughout the country.
Department of Information and Communication Technology (DICT) - in
charge of improving Information and communication in the country and using it
to promote national development.
QUALIFICATIONS/ ELIGIBILITY
Article 7, Section 2 of the Constitution
reads:
"No person may be elected President
unless he is a natural-born citizen of
the Philippines, a registered voter, able
to read and write, at least forty years
of age on the day of the election, and a
resident of the Philippines for at
least ten years immediately preceding
The Constitution also provides
term limits where the president is
ineligible for re-election and a
person who has succeeded as
President and has served as such
for more than four years will be
ineligible to be elected for a
second term.
ELECTIONS
The president is elected by direct vote every
six years, usually on the second Monday of
May.
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 Congress, directed to the president
of the Senate.
Powers of the President
Besides the constitution, the powers of the President of the Philippines are specifically
outlined in Executive Order No. 292, s. 1987, otherwise known as the Administrative
Code of 1987.
The following powers
are:over the executive branch
1. Power of control
The President of the Philippines has the mandate of control over all the
executive departments, bureaus, and offices.
This includes restructuring, reconfiguring, and appointments of their
respective officials.
The Administrative Code also provides for the President to be responsible for
the above mentioned offices’ strict implementation of laws
2. Power ordinance power
The President of the Philippines has the power to give executive
issuances, which are means to streamline the policy and
programs of an administration.
There are six issuances that the President may issue.
They are the following as defined in the Administrative Code of
1987:
EXECUTIVE ORDERS
“Acts of the President providing for rules
of a general or permanent character in
implementation or execution of
constitutional or statutory powers shall be
promulgated in executive orders.”
Administrative Code of 1987, Book III,
Chapter 2, Section 2.
ADMINISTRATIVE ORDERS
“Acts of the President which relate to
particular aspects of governmental
operations in pursuance of his duties as
administrative head shall be promulgated
in administrative orders.”
Administrative Code of 1987, Book III,
Chapter 2, Section 3
PROCLAMATIONS
“Acts of the President fixing a date or
declaring a status or condition of public
moment or interest, upon the existence of
which the operation of a specific law or
regulation is made to depend, shall be
promulgated in proclamations which shall
have the force of an executive order.”
Administrative Code of 1987, Book III,
Chapter 2, Section 4
MEMORANDUM ORDERS
“Acts of the President on matters of
administrative detail or of subordinate or
temporary interest which only concern a
particular officer or office of the
Government shall be embodied in
memorandum orders.”
Administrative Code of 1987, Book III,
Chapter 2, Section 5
MEMORANDUM CIRCULARS
“Acts of the President on matters relating to
internal administration, which the President
desires to bring to the attention of all or some
of the departments, agencies, bureaus or
offices of the Government, for information or
compliance, shall be embodied in
memorandum circulars.”
Administrative Code of 1987, Book III, Chapter
2, Section 6
GENERAL ORDERS
“Acts and commands of the President
in his capacity as Commander-in-Chief
of the Armed Forces of the Philippines
shall be issued as general or special
orders.”
Administrative Code of 1987, Book III,
Chapter 2, Section 7
3. Power over Aliens
The President of the Philippines has certain powers
over non-Filipinos in the Philippines. The powers
he may exercise over foreigners in the country are as
follows:
•The chief executive may have an alien in the
Philippines deported from the country after due
process.
•The President may change the status of a foreigner, as
prescribed by law, from a non-immigrant status to a
permanent resident status without necessity of visa.
3. Power over Aliens
The President may choose to overrule the Board of
Commissioners of the Bureau of Immigration before their
decision becomes final and executory (after 30 days of the
issuance of the decision). The Board of Commissioners of the
Bureau of Immigration has jurisdiction over all deportation
cases.
The president is also mandated by the Administrative Code of
1987 to exercise powers as recognized by the generally
accepted principles of international law.
4. Powers of eminent domain, escheat,
land reservation and recovery of ill-gotten
wealth
The President of the Philippines has the authority to exercise
the power of eminent domain. The power of eminent domains
means the state has the power to seize or authorize the
seizure of private property for public use with just
compensation. There are two constitutional provisions,
however, that limit the exercise of such power: Article III,
Section 9 (1) of the Constitution provides that no person shall
be deprived of his/her life, liberty, or property without due
process of law. Furthermore, Article III, Section 9 (2), provides
that private property shall not be taken for public use without
just compensation.
4. Powers of eminent domain, escheat,
land reservation and recovery of ill-gotten
wealth
Once the aforementioned conditions are met, the President
may exercise the power of eminent domain which are as
follows:
Power of eminent domain — The President shall determine
when it is necessary or advantageous to exercise the power of
eminent domain in behalf of the national government, and
direct the solicitor general, whenever he deems the action
advisable, to institute expropriation proceedings in the proper
court.
Power to direct escheat or reversion proceedings — The
President shall direct the solicitor general to institute escheat
or reversion proceedings over all lands transferred or assigned
to persons disqualified under the constitution to acquire land.
5. Power of
Appointment
The President may appoint officials of the Philippine
government as provided by the constitution and laws of the
Philippines. Some of these appointments, however, may need
the approval of the Committee on Appointments (a committee
composed of members from the House of Representatives and
the Senate of the Philippines).
5. Power of the General supervision
of the local Government
The President of the Philippines, as chief executive, has the
mandate to supervise local governments in the Philippines,
despite their autonomous status as provided by Republic Act
No. 7160 otherwise known as the Local Government Code of
1991
Traditionally, this is done by the Department of the Interior and
Local Government, headed by a cabinet secretary—an alter
ego of the President.
6. Other Powers
Aside from the aforementioned powers of the President of the
Philippines, he can also exercise powers enumerated in the
constitution, and powers given to him by law. (Diplomatic power,
Budgetary power, military power, control power, veto power and
other stated in the constitution)
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