THE 1987 CONSTITUTIONS

Article XIV Sections 1-5(5)

BATAS PAMBANSA BLG. 232 (THE EDUCATION ACT OF 1982)

RIGHTS OF STUDENTS IN SCHOOL (Section 9)

1. The right to receive competent instruction, relevant quality education.

2. The right to freely choose their field of study subject to the existing curricula and
continue their course up to graduation, except in cases of academic deficiency or
violations of disciplinary regulations.
3. The right to school guidance and counseling services.
4. The right to access to his owns school records and the confidentiality of it.
5. The right to issuance of official certificates, diplomas, transcript of records, grades,
transfer credentials and similar document within thirty days from request.
6. The right to publish a student newspaper and invite resource persons during symposia,
assemblies and other activities.
7. The right to free expression of opinions and suggestions and to effective channels of
communication with appropriate academic and administrative bodies of the school or
institutions.
8. The right to form or establish, join and participate in organizations and societies
recognized by the school…, or to form, join and maintain organizations and societies for
purposes not contrary to law.
9. The right to be free from involuntary contributions except those approved by their
organizations and societies.

LEARNING ACTIVITIES
Activity 1 Opinion Corner
Directions: After the Marcos dictatorship, the framers of the 1987 Constitution put in place
certain provisions to prevent repeating the tyranny and horrors experienced
during the martial law era from 1972 to 1983. On May 2017, President Duterte
declared Martial law in Mindanao.
Read official reports and documents on the issue and write a short essay answering the
following:
1. What martial law safeguards were provided in the 1987 Constitution?
Today, the 1987 Constitution safeguards our institutions from a repeat of Marcos’
Martial Law regime. The Supreme Court is empowered to review all official acts to
determine if there has been grave abuse of discretion. Congress cannot be padlocked. Martial
Law is limited in duration and effects, even if contemplated by a president. Section 18 of
Article VII of the current Constitution provides:
“Within forty-eight hours from the proclamation of martial law or the suspension
of the privilege of the writ of habeas corpus, the President shall submit a report in person or
in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all
its Members in regular or special session, may revoke such proclamation or suspension,
which revocation shall not be set aside by the President. Upon the initiative of the President,
the Congress may, in the same manner, extend such proclamation or suspension for a period
to be determined by the Congress, if the invasion or rebellion shall persist and public safety
requires it. The Congress, if not in session, shall, within twenty-four hours following such
proclamation or suspension, convene in accordance with its rules without any need of a call.
The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of martial law or the suspension of the
privilege of the writ or the extension thereof, and must promulgate its decision thereon within
thirty days from its filing. A state of martial law does not suspend the operation of the
Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor
authorize the conferment of jurisdiction on military courts and agencies over civilians where
civil courts are able to function, nor automatically suspend the privilege of the writ.”

2. Do you think the basis of the declaration of martial law in Mindanao sufficient?
Support / explain your answer.
Yes. Such power to declare martial law is found in in Sec. 18, Art. VII of the 1987
Constitution, vested in the president under his commander-in-chief powers. He has three powers
as commander-in-chief: in order to prevent lawless violence, (a) to call out the Armed Forces
(calling out power) when it becomes “necessary”; and in case of invasion or rebellion, and when
the public safety requires it, to (b) suspend the privilege of the writ of habeas corpus, or (c)
declare martial law. Significantly, the mere declaration of martial law does not automatically
suspend the privilege of the writ of habeas corpus. To declare martial law already presupposes a
grave threat to national security — a case of invasion and rebellion — thus warranting careful
exercise of its extraordinary power. As details of the proclamation and events unfold, care must
be taken not to aggravate the situation on the ground and ensure the safety of civilians involved
in the clash. It is also important not to misinform and to carefully study the scope of the
president’s power in making and implementing the declaration. The declaration of martial law
does not suspend the application of basic human rights nor does it supplant the Constitution or
suspend the courts. Like Arroyo’s declaration of martial law over Maguindanao, Duterte’s
proclamation of martial law all over Mindanao must also fulfil the rigid Constitutional
parameters as summarized above. In the end, these parameters still manifest, as Fr. Bernas states,
the Constitution’s “great reluctance to allow the activation of martial law powers and of the
power to suspend the privilege of the writ,” thus calling for renewed vigor in knowing what our
rights are, and in remaining vigilant in their protection.
Activity 2 Philippine Constitutions through the years
Directions: Complete the table below to compare and contrast the 6 constitution framed in the
country. Use separate sheet if necessary.

Constitutions Form of Ratifying/ Length of Distinctive Features

Government Promulgating Effectivity
Body

1. Its preamble reiterated

Biak-na-Bato Republican Philippine Two years the objective of the
Constitution (1897) form of Revolutionary revolution
government Government which was the ―the
separation of the
Philippines from the
Spanish monarchy and
their formation into an
independent state with
its own government‖.
2. The government that
was formed was a
Supreme
Council composed of a
President, a Vice
President, a
Secretary of the Interior,
a Secretary of the
Foreign Relations, a
Secretary of War, and a
Secretary of Treasury.
This council
had sweeping powers of
government which
included the
power to issue orders
and other laws for the
security of the
State, to impose and
collect taxes, to raise an
army, to ratify treaties,
and to convene an
Assembly of
Representatives.
3. Official language was
Tagalog.
4. The judiciary power
was vested in another
Supreme Council of
 Justice.
5. Articles XXII to XXV
were essentially the Bill
of Rights accorded to
every Filipino.
- Democratic From the start 1. It was based on
Malolos Government Malolos of the democratic traditions
Constitution (1899) - Had a form of Congress/ Philippine- in which the
governance that President American War government formed
included the to the ceased
Emilio was ―popular,
management of to exist with
social services,
Aguinaldo the capture of
representative and
education, the Aguinaldo in responsible‖ with three
creation of an Palanan, distinct branches- the
army, monetary Isabela executive, the
system, and (February legislative, and the
diplomatic 1899-March judicial.
activities 1901) 2. It called for a
presidential form of
government with the
president elected for a
term of 4 years by a
majority of the
Assembly convened as
a constituent
assembly.
3. It recognized the
freedom of religion
and the separation of
church and state.
Approved by 1. Bicameral
1935 Common- US President/ (1935-1943, legislature composed
wealth Constitution Common- President 1945-1973) of a senate and
wealth Franklin D. House of
Government Roosevelt Representatives
2. The President is to
be elected to a four-
year term
together with the Vice-
President without re-
election
3. Rights of suffrage
by male citizens of the
Philippines
who are twenty-one
years of age or over
and are able
to read and write
 4. Extension of the
right of suffrage to
women within two
years after the
adoption of the
constitution.
-On September 1. Condensed version
1943 Constitution Common- 4, 1943 in a (1943-1945) of the 1935
wealth public Constitution
Government ceremony the 2. Consist of a
new Kapisanan preamble and 12
ng articles
Paglilingkod sa 3. Transitory in nature
Bagong and effective only
Pilipinas or during the duration of
KALIBAPI the war
4. Created a republic
-On with three branches:
October 14, executive,
1943, the legislative, and
Second judicial
Philippine 5. Bill of Rights
Republic was enumerated the
inaugurated citizen‘s duties and
with Jose P. obligations
Laurel as rather than their
President. constitutional rights
6. Tagalog was
declared as the
national language.
On 17 January The 1973 Constitution
1973 Constitution Parliamentary 1973, Marcos (1973-1986) was further amended
Republic issued in 1980 and 1981. In
Government Proclamation the 1980 amendment,
No. 1102 the retirement age of
certifying and the members of the
proclaiming judiciary was extended
that the 1973 to 70 years. In the
Constitution 1981 amendments, the
had been false parliamentary
ratified by the system was formally
Filipino people modified into a
and thereby French-style semi-
was in effect. presidential system
and provided:
that executive power
 was restored to the
President;
that direct election of
the President was
restored;
for 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.
for electoral reforms
and provided that a
natural born citizen of
the Philippines who
has lost his citizenship
may be a transference
of private land for use
by him as his
residence.
The 1987 Constitution
1987 Constitution -Democracy - Approved by (February 2, consists of 18 articles
With a the 1986 1987 with a preamble.
presidential Constitutional -present) Among its significant
form of Commission provisions are the
government on October 12, following:
wherein power 1986, the 1987 1. A presidential
is equally Constitution of system of government
divided among the Republic of restores the bicameral
its three the Philippines Congress of the
branches: was presented Philippines, composed
executive, to President of a Senate and a
legislative, and Corazon C. House of
judicial. Aquino on Representatives.
October 15, 2. A modified Bill of
1986. It was Rights (Article III)
ratified on details the rights of
February 2, every
 1987 by a Filipino citizen. Much
plebiscite. It emphasis was placed
was on the writing of
proclaimed in this provision after the
force on violations committed
February 11, during the
1987. Marcos dictatorship.
In addition, the
constitution includes
the abolition of death
penalty, except when
Congress provides
otherwise with regard
to ―heinous crimes‖.
3. The creation of a
Commission on
Human Rights which,
under
Section 18, Article
XIII, is tasked to
investigate all forms of
human rights
violations involving
civil and political
rights. It provides
appropriate legal
measures for the
protection of human
rights of all persons
within the Philippines,
and several other
powers in relation to
the protection of
human rights.
4. The recognition of
an Autonomous
Region of Muslim
Mindanao and the
Cordilleras.
5. Limited political
autonomy for local
government units like
the
provinces, cities,
municipalities and
barangays and
instructing the
Congress to establish a
Local Government
Code.