The History and Evolution of the Philippine Constitution

The constitution is the most important part in organizing a state. It contains not only the national territory, but more importantly, it states the set of rules and principles which serve as the fundamental law of the land. Among the guidelines which are set by the constitution are the matters of: form and duties of the government; the distribution of powers of the branches of the government; and the basic rights of the citizens of the state. The Philippine Constitution has been rewritten seven times starting from the Biak-na-Bato Constitution to the 1987 Constitution. The political evolution and every significant event in the Philippine history resulted a change in the constitution. The first Philippine constitution is the Biyak-na-Bato Constitution that was enacted in 1897. It outlined the revolutionary objectives of independence from Spain. Two years later, the president decreed the creation of the Malolos Constitution. A new central government was set up with executive, legislative and judiciary branches. It governed the First Philippine Republic proclaimed in the Barasoain Church in the same year. Due to the turbulent times of the early governments, the first two constitution were not fully enforced. What is considered the first Philippine Constitution to be fully enforced was drafted by the virtue of the Tydings-McDuffie Law in 1934 during the Commonwealth Period. It was enforced from 1935 - 1943. During World War II, a short lived constitution (The 1943 Constitution) was sponsored by the Japanese invaders within their own program of Japanization. When the political independence was granted by the United States in 1946, the constitution was revised and was enforced from 1946 to 1973. Eventually considered inadequate against the changing needs of Filipinos, the 1935 Constitution was replaced with a new one ratified in 1973. The 1973 Constitution was approved for ratification two months after the imposition of the martial law on November 29, 1972. When Ferdinand E. Marcos was ousted in 1986, the new government led by Corazon C. Aquino promulgated what is now know as the Freedom Constitution. This 1987 Constitution restored the presidential form of government.

To date, the 1987 Constitution still stands, although some sectors have started to lobby for change in certain provisions as well as the change of the whole constitution.

Major Political Parties

Founding year

Party name

Acronym

Chairperson

Together Everyone Achieves More Unity (TEAM Unity)

Kabalikat ng Malayang Pilipino Laban ng Demokratikong Pilipino Lakas-Christian Muslim Democrats KAMPI 1997 Luis Villafuerte, Sr. (President)

LDP LakasCMD

1988

Edgardo Angara (President)

1991

Prospero Nograles (President) Eduardo Cojuangco, Jr. (Chairman) Norberto B. Gonzalez (Chairman)

Nationalist People's Coalition Philippine Democratic Socialist Party

NPC

1991

PDSP

1973

Geniuine Opposition (GO)

Aksyon Demokratiko Kilusang Bagong Lipunan (Marcos Wing) Liberal Party Nacionalista Party AD 1997 Sonia Roco (Chairperson)

KBL LP NP

1978/2007 1946 1907/2004

Ferdinand Marcos Jr (President) Mar Roxas (President) Manuel Villar (President) Eduardo Cojuangco, Jr. (Chairman) Aquilino Pimentel, Jr. (Chairman) Joseph Estrada (Chairman) Jejomar Binay {President}

Nationalist People's Coalition Partido ng Demokratikong Pilipino-Lakas ng Bayan Puwersa ng Masang Pilipino United Opposition

NPC PDPLABAN PMP UNO

1991

1984 1987 2005

Unaffiliated parties
Ang Kapatiran Kilusang Bagong Lipunan (Lozano Wing) AKP 2004 Nandy Pacheco (Chairman)

KBL

1978/2007

Oliver Lozano Miriam Defensor-Santiago (Head)

People's Reform Party

PRP

1991

Minor political parties and party-list groups

Next to the main political parties in the Philippines there are other parties represented in the House of Representatives of the Philippines. Most of these parties are elected through the party list system.

Party name

Acronym

Founding year

Chairperson

Regional Parties elected through the constituency system

One Cebu Partido Magdalo Sarangani Reconciliation and Reformation Organization ONE CEBU N/A N/A 2007 Gwendolyn Garcia Juanito Remulla

SARRO

N/A

Priscilla Chiongbian

Party-list organizations
Akbayan Citizens' Action Party Alagad Akbayan N/A N/A 1998 Ronaldo Llamas N/A John Henry Osmea 2007 N/A N/A James Marty Lim N/A N/A

Alang sa Kalambu-an ug Kalinaw Alliance for Barangay Concerns Alliance of Volunteer Educators Anak Mindanao

Alayon ABC AVE AMIN

N/A

Anakpawis Ang Laban ng Indiginong Filipino

AP ALIF

N/A N/A

Crispin Beltran Acmad Tomawis Florencio "Bem" Noel N/A Daniel Soriano Razon Satur Ocampo Mike Velarde (founder) Emmanuel Joel Villanueva

An Waray Association of Philippine Electric Cooperatives Bagong Alyansang Tagapagtaguyod na Adhikaing Sambayanan Bayan Muna

N/A APEC N/A

2001

BATAS N/A

2004 1999

Buhay Hayaan Yumabong

Buhay

1998

Citizen's Battle Against Corruption

Cibac Coop NATCCO GABRIELA Butil PM SANLAKA S VFP N/A N/A N/A

2001

Cooperative NATCCO Network Party Gabriela Women's Party Luzon Farmers Party Partido ng Manggagawa

1998

Cresente Paez Liza Maza N/A Renato Magtubo

Sandigan ng Lakas at Demokrasya ng Sambayanan Veterans Freedom Party

N/A N/A

N/A N/A

Other parties
Party name Ang Ladlad Bangon Pilipinas Movement Green Party of the Philippines Partido Isang Bansa Isang Diwa Acronym N/A BPM GP PIBID Foundin g year 2003 2004 1990s 2004 Chairperson Danton Remoto Eddie Villanueva Felizardo Colambo Eddie Gil

Philippine Green Republic Party

PGRP

N/A

Felix Cantal

Progressive Party (Defunct)

PP

1957

Raul Manglapus

BRIEF BACKGROUND

The Constitution The Constitution of the Philippines ordains that judicial power shall be vested in one Supreme Court and such lower courts as may be established by law.[Section 1, Art. VIII, 1987 Constitution). The Law Under Philippine laws [Judiciary Reorganization Act of 1980 (Batas Pambansa Bilang 129) which took effect on January 18, 1983 and other laws] the Philippine judicial system consists of the following courts:
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Lower Courts I. Municipal Trial Courts and Municipal Circuit Trial Courts Every municipality in the Philippines has its own Municipal Trial Court. It is referred to as such if it covers only one municipality; otherwise, it is called Municipal Circuit Trial Court if it covers two or more municipalities. II. Metropolitan Trial Courts and Municipal Trial Courts in Cities Municipal Trial Courts in the towns and cities in the Metropolitan Manila area, as distinguished from the other political subdivisions in the Philippines, are referred to as Metropolitan Trial Courts. In cities outside Metropolitan Manila, the equivalent of the Municipal Trial Courts are referred to as Municipal Trial Courts in Cities. III. Regional Trial Courts Regional Trial Courts were established among the thirteen regions in the Philippines consisting of Regions I to XII and the National Capital Region (NCR). There are as many Regional Trial Courts in each region as the law

mandates. IV. Shari'a Courts Equivalent to the Regional Trial Courts in rank is the Shari'a District Courts which were established in certain specified provinces in Mindanao where the Muslim Code on Personal Laws is being enforced. Equivalent to the Municipal Circuit Trial Courts are the Shari'a Circuit Courts which were established in certain municipalities in Mindanao. There are five Shari'a District Courts and fifty one Shari'a Circuit Courts in existence. V. Court of Tax Appeals A special court, the Court of Tax Appeals, composed of a Presiding Judge and two Associate Judges, is vested with the exclusive appellate jurisdiction over appeals from the decisions of the Commissioner of Internal Revenue and the Commissioner of Customs on certain specific issues. VI. Sandiganbayan A special court, the Sandiganbayan, composed of a Presiding Justice and eight Associate Justices, has exclusive jurisdiction over violations of the AntiGraft and Corrupt Practices Act [Republic Act No. 3019], the Unexplained Wealth Act [Republic Act No. 1379] and other crimes or felonies committed by public officials and employees in relation to their office, including those employees in government-owned or controlled corporations. VII. Court of Appeals The Court of Appeals, composed of one Presiding Justice and sixty eight Associate Justices is vested with jurisdiction over appeals from the decisions of the Regional Trial Courts and certain quasi-judicial agencies, boards or commissions. The Highest Court - Supreme Court

The Supreme Court is the highest Court in the Philippines. There is only one Supreme Court composed of one Chief Justice and fourteen Associate Justices. It is the final arbiter of any and all judicial issues. When so deciding, it may sit en banc or in divisions of three, five or seven members.
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Philippine Embassies Helpline Database Konsulate

Philippine Police & Investigation Nat.Bureau of Invest. Philippine Nat.Police PNP-CES

Philippine Army

Local Government Agusan del Norte Antipolo City Bani, Pangasinan Bataan Batangas Province Bohol Province Caloocan City Capas, Tarlac Cebu City Cordova Municipality Las Pias City Lipa City, Batangas Makati City Mandaue City Muntinlupa City Naga City Olongapo City Paraaque City Pasay City Puerto Princesa San Jose City Sto. Domingo, Albay South Cotabato Tagbilaran City

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Philippine Air Force Philippine Army Philippine Navy Nat. Defence College Phil. Armed Forces Phil. Military Academy Academy Cavaliers

Developement Academy Macapagal Family KGMA Pag-ibig-fund

This article briefly lists the types of law: Admiralty Law The Admiralty Law is also known as Maritime Law and governs all U.S. All countries have maritime laws and they are responsible for their vessels regardless of which ocean they are sailing in. Admiralty Law Attorneys represent cases of all matters concerning cargo disputes, oil pollution, fishing regulations, international trade, cargo and injury that take place on docks and vessels. Admiralty Law Attorneys also offer advice on trade laws, legal matters concerning environmental groups and the protection of endangered species. Admiralty Law also covers freight and passenger liabilities. Aviation Law Laws have been instituted by state and federal governments to enhance safety in air traffic. Aviation Laws in the United States govern aircraft operations and the maintenance of aircraft facilities.

Bankruptcy Law When an individual or a company files for relief of debt, it is termed as Bankruptcy. In the United States, there are specific courts that handle bankruptcy rulings and specialty attorneys who handle these cases. A fundamental goal of the federal bankruptcy laws enacted by Congress is to give debtors a financial "fresh start" from burdensome debts. Civil Rights A Civil Rights Attorney has the responsibility of defending the rights and privileges granted to all United States citizens. These include freedom from slavery, freedom to vote, freedom of assembly, freedom of the press, freedom of speech and the right to be treated fairly in public places. Consumer Rights The Attorney General of a particular state houses the division of Consumer protection and its team of consumer fraud attorneys. Complaints about misleading advertising or business practices that are unlawful can be filed and that division investigates and mediates on behalf of the consumer. Corporate Law A corporation is a legal entity created through the laws of its state of incorporation. Individual states have the power to

disseminate laws relating to the creation, organization and dissolution of corporations. Many states follow the Model Business Corporation Act. Criminal Law A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the United States are established by local, state, and federal governments. Criminal laws vary significantly from state to state. There is, however, a Model Penal Code which serves as a good starting place to gain an understanding of the basic structure of criminal liability. Employment Law Employment law is a broad area encompassing all areas of the employer/employee relationship except the negotiation process covered by labor law and collective bargaining. Employment law consists of thousands of Federal and state statutes, administrative regulations, and judicial decisions. Immigration Law Federal immigration law determines whether a person is an alien, and associated legal rights, duties, and obligations of aliens in the United States. It also provides means by which certain aliens can become naturalized citizens with full rights of citizenship.

A contract is an agreement entered into voluntarily by two parties or more with the intention of creating a legal obligation, which may have elements in writing, though contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific performance of the contract or an injunction. Both of these remedies award the party at loss the "benefit of the bargain" or expectation damages, which are greater than mere reliance damages, as in promissory estoppel. The parties may be natural persons or juristic persons. A contract is a legally enforceable promise or undertaking that something will or will not occur. The word promise can be used as a legal [1] synonym for contract. , although care is required as a promise may not have the full standing of a contract, as when it is an agreement without consideration. Art. 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. (1094a) Art. 1164. The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him. (1095) Art. 1165. When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by Article 1170, may compel the debtor to make the delivery. If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor.

If the obligor delays, or has promised to deliver the same thing to two or more persons who do not have the same interest, he shall be responsible for any fortuitous event until he has effected the delivery. (1096) Art. 1166. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. (1097a) Art. 1167. If a person obliged to do something fails to do it, the same shall be executed at his cost. This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone. (1098) Art. 1168. When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. (1099a) Art. 1169. Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation. However, the demand by the creditor shall not be necessary in order that delay may exist: (1) When the obligation or the law expressly so declare; or (2) When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract; or (3) When demand would be useless, as when the obligor has rendered it beyond his power to perform.

In reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfills his obligation, delay by the other begins. (1100a) Art. 1170. Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages. (1101) Art. 1171. Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void. (1102a) Art. 1172. Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to the circumstances. (1103) Art. 1173. The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. When negligence shows bad faith, the provisions of Articles 1171 and 2201, paragraph 2, shall apply. If the law or contract does not state the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. (1104a) Art. 1174. Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable. (1105a) Art. 1175. Usurious transactions shall

be governed by special laws. (n)