Philippine Constitution Reviewer for the Civil Service Exam

The 1987 Philippine Constitution has 18 articles and is one of the most heavily tested topics on the Civil Service Exam. It covers the Bill of Rights (Article III), the three branches of government, three Constitutional Commissions (CSC, COMELEC, COA), and the accountability of public officers.

This reviewer focuses on the articles and provisions most frequently tested on the CSE. Rather than covering all 18 articles, we concentrate on the eight articles that generate the most exam questions.

Article II: Declaration of Principles and State Policies

Article II establishes the fundamental principles that guide the Philippine government. Key provisions you should know:

Key Principles (Sections 1-6)

• Section 1: The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.
• Section 2: 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 3: 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.
• Section 4: The prime duty of the Government is to serve and protect the people.
• Section 5: The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.
• Section 6: The separation of Church and State shall be inviolable.

State Policies (Selected)

• Section 9: The State shall promote a just and dynamic social order.
• Section 10: The State shall promote social justice in all phases of national development.
• Section 14: The State recognizes the role of women in nation-building and shall ensure the fundamental equality before the law of women and men.
• Section 16: The State shall protect and advance the right of the people to a balanced and healthful ecology.
• Section 26: The State shall guarantee equal access to opportunities for public service.
• Section 27: The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.
• Section 28: 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.

Article III: Bill of Rights

The Bill of Rights is arguably the most tested article on the CSE. It contains 22 sections protecting individual liberties. Here are the key provisions:

Article VI: The Legislative Department

Article VI covers the Philippine Congress, which is a bicameral body. Key facts for the CSE:

• Congress is composed of the Senate and the House of Representatives
• Senate: 24 Senators, elected at-large (nationwide), serving 6-year terms, maximum of 2 consecutive terms
• House of Representatives: Not more than 250 members (unless otherwise fixed by law), elected from legislative districts and through the party-list system, serving 3-year terms, maximum of 3 consecutive terms
• Minimum age: Senator — 35 years old, natural-born citizen; Representative — 25 years old, must be a registered voter in the district
• Bills: All appropriation, revenue, or tariff bills must originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments
• Congressional immunity: Senators and Representatives are privileged from arrest while Congress is in session for offenses punishable by not more than 6 years imprisonment
• Power of the purse: No money shall be paid out of the Treasury except in pursuance of an appropriation made by law

Article VII: The Executive Department

Article VII covers the President and Vice President. Key facts:

• Executive power is vested in the President of the Philippines
• Term: 6 years, with no re-election. The President cannot serve more than one term.
• Vice President: 6-year term, may be re-elected once (may serve a maximum of 2 successive terms)
• Qualifications: Natural-born citizen, registered voter, able to read and write, at least 40 years old on the day of election, resident of the Philippines for at least 10 years immediately preceding the election
• Line of succession: Vice President, then Senate President, then Speaker of the House
• Appointing power: The President appoints heads of executive departments, ambassadors, public ministers, consuls, officers of the AFP from the rank of colonel or naval captain, and other officers as provided by law (with consent of the Commission on Appointments)
• Commander-in-Chief: The President is the Commander-in-Chief of all armed forces and may call out the armed forces to prevent or suppress lawless violence, invasion, or rebellion
• Martial law: The President may, in case of invasion or rebellion when public safety requires it, suspend the privilege of the writ of habeas corpus or place the Philippines under martial law for a period not exceeding 60 days

Article VIII: The Judicial Department

Article VIII covers the Supreme Court and the judiciary. Key facts:

• Judicial power is vested in the Supreme Court and in such lower courts as may be established by law
• Supreme Court composition: 1 Chief Justice and 14 Associate Justices (total of 15 members)
• Qualifications of SC Justices: Natural-born citizen, at least 40 years old, must have been a judge of a lower court or engaged in the practice of law for at least 15 years
• Tenure: Members of the Supreme Court and lower courts hold office during good behavior until they reach the age of 70 years or become incapacitated
• Judicial review: The Supreme Court may review, revise, reverse, modify, or affirm judgments of lower courts. It can also declare laws unconstitutional.
• Judicial and Bar Council (JBC): Recommends appointees to the judiciary. Composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of Congress as ex officio members, plus a representative of the Integrated Bar, a professor of law, a retired member of the Supreme Court, and a representative of the private sector.

Article IX: Constitutional Commissions

There are three Constitutional Commissions, and they are independent bodies that are not under any branch of government. They are heavily tested on the CSE:

A. Civil Service Commission (CSC)

• Function: The central personnel agency of the government. Administers the civil service and promotes efficiency and integrity in the public service.
• Composition: 1 Chairman and 2 Commissioners, all natural-born citizens, at least 35 years old, with proven capacity for public administration, not candidates for any elective position in the election immediately preceding their appointment
• Term: 7 years without reappointment. Appointments are staggered.
• Key provisions: Appointments in the civil service shall be made only according to merit and fitness (Section 2, Article IX-B). No officer or employee in the civil service shall engage in any electioneering or partisan political activity (Section 2[4]).

B. Commission on Elections (COMELEC)

• Function: Enforces and administers all laws relating to the conduct of elections, plebiscites, initiatives, referenda, and recalls
• Composition: 1 Chairman and 6 Commissioners
• Qualifications: Natural-born citizens, at least 35 years old, holders of a college degree, majority (including the Chairman) must be members of the Philippine Bar with at least 10 years of law practice
• Term: 7 years without reappointment

C. Commission on Audit (COA)

• Function: Examines, audits, and settles all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property by the government
• Composition: 1 Chairman and 2 Commissioners
• Qualifications: Natural-born citizens, at least 35 years old, CPAs with at least 10 years of auditing experience, or members of the Philippine Bar with at least 10 years of law practice. At no time shall all members belong to the same profession.
• Term: 7 years without reappointment

Article X: Local Government

Article X provides for the autonomy of local government units. Key facts:

• Section 1: The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays.
• Section 2: The territorial and political subdivisions shall enjoy local autonomy.
• Section 3: Congress shall enact a Local Government Code (this became RA 7160).
• Section 5: Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees, and charges.
• Section 6: Local government units shall have a just share in the national taxes (Internal Revenue Allotment / IRA, now called National Tax Allotment).
• Autonomous regions: The Constitution provides for autonomous regions in Muslim Mindanao and the Cordilleras (Section 15).

Article XI: Accountability of Public Officers

This article is especially relevant for CSE takers since it directly relates to government service ethics. Key provisions:

• Section 1: Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.
• Section 2: The President, Vice President, members of the Supreme Court, members of Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.

The Ombudsman (Tanodbayan)

• Section 5: There shall be an independent Office of the Ombudsman composed of the Ombudsman (Tanodbayan), an Overall Deputy, and at least one Deputy each for Luzon, Visayas, and Mindanao, plus a separate Deputy for the military.
• Qualifications: Natural-born citizen, at least 40 years old, of recognized probity and independence, member of the Philippine Bar, must not have been a candidate for any elective office in the immediately preceding election
• Term: 7 years without reappointment
• Functions: Investigate and prosecute acts or omissions of any public officer or employee that appear to be illegal, unjust, improper, or inefficient

Sandiganbayan

• Section 4: The present anti-graft court known as the Sandiganbayan shall continue to function as the special court for criminal and civil cases involving graft and corrupt practices and other offenses committed by public officers and employees.

Quick Reference: Key Numbers to Remember