Overview of the 1987 Constitution – Civil Service Exam Help

Overview of the 1987 Constitution - Civil Service Exam

Philippine 1987 Constitution Overview

General Information

Purpose: Establishes the framework for the government of the Philippines and asserts the sovereignty of the Filipino people.
Ratification: Ratified on February 2, 1987, following the EDSA People Power Revolution.

Executive Branch

Head: The President of the Philippines, who serves as both the head of state and the head of government.
Term: The President serves a single six-year term without re-election.
Key Powers:
- Chief Executive: Manages the executive branch of the government.
- Commander-in-Chief: Controls the Armed Forces of the Philippines, especially during emergencies.
- Appointment Authority: Appoints key officials in the executive branch, judiciary, and armed forces.
- Diplomatic Powers: Handles foreign relations, negotiates treaties, and receives ambassadors.
- Veto Powers: Has the authority to veto legislation, which can be overridden by a two-thirds majority in Congress.
- Pardoning Power: Grants pardons and reprieves, and remits fines and forfeitures.
- Budgetary Power: Presents the national budget to Congress.

Legislative Branch

Structure: Bicameral Congress, composed of the Senate and the House of Representatives.
Senate: 24 senators serving six-year terms.
House of Representatives: Members serve three-year terms; seats vary by population.
Key Powers:
- Lawmaking: Crafts and passes national legislation.
- Oversight: Monitors and supervises executive actions and agencies.
- Impeachment and Trials: Initiates impeachment processes; Senate acts as the trial court for impeachments.
- Budgetary and Revenue Responsibilities: Initiates all revenue-raising measures in the House; Senate can propose amendments.

Judicial Branch

Supreme Court: Comprised of a Chief Justice and fourteen Associate Justices.
Appointment: Justices are appointed by the President from a Judicial and Bar Council list.
Key Powers:
- Judicial Review: Assesses the constitutionality of laws, decrees, and governmental acts.
- Adjudicatory Authority: Resolves legal disputes and interprets laws.
- Administrative Oversight: Manages and supervises all courts and court personnel.

Bill of Rights

Protection of Fundamental Rights:
- Due Process and Equal Protection: Guarantees fair legal processes and equal protection under the law.
- Freedom of Speech and Expression: Ensures the freedom of speech, expression, and the press.
- Freedom of Religion: Protects the right to practice or not practice any religion.
- Rights to Privacy and Against Unlawful Searches: Secures individuals and properties against unreasonable searches and seizures.
- Rights of the Accused: Affirms rights to a fair trial, legal representation, and the presumption of innocence.
- Habeas Corpus: Maintains the right to challenge unlawful detentions, except under specific emergency conditions.

Autonomy of Local Governments

Local Government Units (LGUs): Recognizes provinces, cities, municipalities, and barangays, allowing them to generate their own revenues and impose taxes within guidelines set by Congress.
Decentralization: Encourages decentralization to enhance local autonomy, enabling local leaders to address community-specific needs effectively.
Elected Officials: Promotes democratic governance at the local level through the direct election of governors, mayors, and barangay officials.
Local Legislative Power: Empowers local legislative bodies to enact ordinances and resolutions for better local governance.
Local Autonomy: Ensures local units are self-reliant and effective in contributing to national development.
Accountability: Holds local governments accountable to the national government, ensuring adherence to laws and proper use of authority.

Separation of Church and State

Principle: Ensures that the state remains neutral in matters of religion, prohibiting the establishment of a state religion and safeguarding the freedom of religious expression.
Implications: The government cannot pass laws that favor or hinder any religion, nor can it require religious participation or use public funds to support any religion.

Age Requirements for Elected Officials

President: Must be at least 40 years old at the time of the election.
Senator: Must be at least 35 years old on the day of the election.
Congressman (House of Representatives): Must be at least 25 years old on the day of the election.

Right to Form Associations

Guarantee: Individuals have the right to form associations, societies, or groups for purposes not contrary to law.
Scope: This right extends to both labor unions and social clubs, among other types of organizations, enhancing civic participation and collective bargaining.

Right to Information

Access to Information: Citizens have a right to access information on matters of public concern from government agencies, under certain conditions and exceptions, to promote transparency and accountability in government.
Limits: The right to information may be subject to reasonable conditions prescribed by law, ensuring that the exercise of this right does not impede government operations or violate privacy rights.

Amendment of the Constitution

Methods: The Constitution can be amended through a Constitutional Convention, Constituent Assembly, or People’s Initiative.
Ratification: All proposed amendments must be ratified by a majority vote in a national referendum.

Constituent Assembly (Con-Ass)

Function: Acts as an alternative to a Constitutional Convention, where Congress proposes amendments by a three-fourths majority.

Constitutional Commission

Purpose: Tasked with drafting the Constitution or amendments, this body consists of appointed experts and conducts consultations before finalizing the draft for ratification.

Impeachment

Purpose: Allows for the legal removal of high-ranking officials who violate the Constitution or commit other high crimes.
Process: Initiated by the House of Representatives, and upon approval, the Senate conducts a trial where a two-thirds vote is necessary for conviction.

Exercises

1. You are a lawyer representing a private landowner whose property is being acquired by the government to build a new highway. The landowner believes that the compensation offered is unfair. How would you advocate for the landowner’s rights under the doctrine of eminent domain?

A. Advise the landowner to accept the government’s offer, as there is no option to challenge the compensation provided in cases of eminent domain.

B. File a case in court to challenge the compensation amount, arguing that just compensation under the Constitution requires payment that reflects the fair market value of the property being acquired.

C. Recommend that the landowner refuse to sell the property, as the government cannot force a sale without the owner’s consent.

D. Suggest that the landowner seek additional compensation beyond fair market value to account for sentimental value attached to the property.

2. As a city planner, you are tasked with developing a new public park that will improve community welfare, but the land needed is privately owned. Some residents are concerned about the government forcibly acquiring their property. How would you explain the government’s right to use eminent domain while ensuring property owners are treated fairly?

A. Justify the acquisition by explaining that eminent domain allows the state to take private property for public use, but the government must provide just compensation to ensure property owners are fairly compensated for their loss.

B. Inform the property owners that the government has the absolute right to take their property without explanation or compensation if it’s for the public good.

C. Offer the property owners a set price below market value to expedite the process and avoid lengthy negotiations.

D. Cancel the public park project to avoid conflict with property owners, as the government should not interfere with private land ownership.

3. You are part of a local council that has just passed a law requiring restaurants to display nutritional information on their menus to promote healthier eating habits. Some restaurant owners complain that this infringes on their autonomy. How would you justify this law based on Police Power?

A. Justify the law by explaining that Police Power allows for regulations that protect public health, and requiring nutritional information on menus helps consumers make informed decisions that can prevent lifestyle diseases and promote overall health.

B. Allow restaurant owners to decide whether or not to display the information, as their autonomy should not be interfered with.

C. Suggest that restaurants display the information only upon request, to avoid burdening the owners.

D. Cancel the law and allow restaurants to operate without regulations on what they can display to customers.

4. As a city mayor, you propose a new ordinance that requires businesses to reduce their carbon emissions to combat climate change. Some business owners argue that the ordinance violates their right to freely conduct business. How would you justify this ordinance under the state’s Police Power?

A. Explain that the ordinance is a legitimate use of Police Power because it is designed to protect public health and the environment by reducing harmful emissions, which aligns with the state’s responsibility to promote the common good.

B. Cancel the ordinance, as businesses have the right to operate without government interference.

C. Allow businesses to continue their operations without any restrictions, as economic growth should take priority over environmental concerns.

D. Only enforce the ordinance on larger businesses, allowing smaller ones to operate without restrictions to avoid backlash.

5. You are a member of a city council where a new ordinance requires property owners to implement fire safety measures, such as installing smoke detectors and fire alarms. Some property owners argue that this infringes on their property rights. How would you explain the ordinance using the Police Power doctrine?

A. Inform the property owners that the ordinance is a valid exercise of Police Power as it aims to protect public safety and prevent harm by requiring basic fire safety measures for the common good.

B. Cancel the ordinance, as property owners should have full control over the safety standards in their buildings.

C. Explain that the city government cannot regulate private property unless the property owners are involved in the decision-making process.

D. Suggest that property owners install fire safety measures only in high-risk areas to minimize complaints.