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66-619: This article contains a partial list of Philippine laws . Local government councils Philippine laws have had various nomenclature designations at different periods in the history of the Philippines , as shown in the following table: The following table lists Philippine laws that have been mentioned in Misplaced Pages or are otherwise notable. Only laws passed by Congress and its preceding bodies are listed here; presidential decrees and other executive issuances which may otherwise carry

132-642: A bicameral legislature called the Congress composed of the Senate and the House of Representatives. It vests upon Congress, among others, the power of investigation and inquiry in aid of legislation, the power to declare the existence of a state of war, the power of the purse, the power of taxation, and the power of eminent domain. Article VII vests the executive power solely in the President . The President

198-485: A declaration of martial law is just. The legislative power consists of the Senate and the House of Representatives. There are twenty-four senators and the House is composed of district representatives. It also created opportunities for under-represented sectors of community to select their representative through party-list system. The judiciary branch comprises the Supreme Court and the lower courts. The Supreme Court

264-527: A former Associate Justice of the Supreme Court , as president of the commission. Several issues were of particular contention during the commission's sessions, including the form of government to adopt, the abolition of the death penalty, the retention of U.S. bases in Clark and Subic , and the integration of economic policies into the constitution. Lino Brocka , a film director and political activist who

330-887: A law for the local government, now currently the Local Government Code . Article XI establishes the Office of the Ombudsman which is responsible for investigating and prosecuting government officials. It also vests upon the Congress the power to impeach the President, the Vice President, members of the Supreme Court, and the Ombudsman. Article XII lays down the goals and objectives of the Philippine government in terms of wealth distribution, division of goods and services and to offer job opportunities to elevate

396-680: A member of the Liberal Party and the most prominent opposition figure during the Duterte administration, won as Vice-President. While the Cabinet was mentioned several times in the article, the Constitution did not expressly provide for the creation of such body or to specifically enumerate its ordinary powers and duties. The President serves as the commander-in-chief of "all armed forces", which can be construed to encompass not only

462-565: A message from Justice Malcolm, which encouraged students to publish and maintain a law journal that would stimulate discourse and disseminate legal knowledge. The journal originally published nine issues per academic year. The issues contained legal articles, comments, and case reviews. They also contained write-ups on the University of the Philippines College of Law, including its social events and co-curricular activities, and

528-538: A new constitution and issued Proclamation No. 3 on March 25, 1986, abrogating many provisions in the 1973 Constitution adopted by the Marcos regime, including the unicameral legislature (the Batasang Pambansa ), the office of Prime Minister , and additional legislative powers for the President. Often called the "Freedom Constitution", it was intended as a transitional basic law to ensure democracy, freedom of

594-401: A petition of at least twelve percent of all registered voters, and at least three percent of registered voters within each district (called a People's Initiative ). All amendments must be ratified in a national referendum . Article XVIII establishes provisions to allow a clean transition from the preceding provisional constitution to the new Constitution. This includes provisions for directing

660-504: A police force (presently the Philippine National Police ), the regulation of mass media and advertising industries, the doctrine of sovereign immunity , and others. Article XVII establishes the methods by which the Constitution may be amended or revised. Amendments may be proposed by either: a) a three-fourths vote of all Members of Congress (called a Constituent Assembly ), b) a Constitutional Convention , or c)

726-492: A way for the establishment of the Office of the Ombudsman, which has a function of promoting and ensuring an ethical and lawful conduct of the government. There are three possible methods by which the Constitution can be amended: a Constituent assembly (Con-Ass), Constitutional Convention (Con-Con), or People's Initiative . All three methods require ratification by majority vote in a national referendum . Following

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792-532: Is elected directly for a single six-year term. Re-election is not allowed, except in the case where the President has not yet served for more than four years, in which they may be elected again for a full six-year term. This exception was utilized by Gloria Macapagal Arroyo during the 2004 presidential election , which she eventually won. The Constitution also establishes the position of Vice-President , who can serve for up to two consecutive six-year terms. The Vice-President may optionally be appointed as member of

858-535: Is granted the power to hear any cases that deals with the constitutionality of law, about a treaty or decree of the government. It is also tasked to administrate the function of the lower courts. Through the constitution, three independent Constitutional Commissions, namely the Civil Service Commission, Commission on Elections, and Commission on Audit, were created. These Constitutional Commissions have different functions. The constitution also paved

924-402: Is headed by the president and his appointed cabinet members. The executive, same with the other two co-equal branches, has limited power. This is to ensure that the country will be "safeguarded" if martial law is to be declared. The president can still declare martial law, but it expires within 60 days and Congress can either reject or extend it. The task of the Supreme Court is to review whether

990-654: Is the supreme law of the Philippines . Its final draft was completed by the Constitutional Commission on October 12, 1986, and ratified by a nationwide plebiscite on February 2, 1987. The Constitution remains unamended to this day. The Constitution consists of a preamble and eighteen articles. It mandates a democratic and republican form of government and includes a bill of rights that guarantees entrenched freedoms and protections against governmental overreach. The Constitution also organizes

1056-591: The Armed Forces of the Philippines but also other armed uniformed services such as the Philippine National Police and the Philippine Coast Guard . The President may mobilize these forces to prevent or suppress "lawless violence", invasions or rebellions . However, in cases where public safety necessitates it, the President is authorized to declare a state of martial law throughout the entire Philippines or in specific areas, or to suspend

1122-565: The Cabinet . The President and the Vice-President must meet the following qualifications: The President and the Vice-President are elected separately from each other. It is thus common in the Philippines for the President and the Vice-President to come from two entirely different parties or alliances. For example, in 2016, Rodrigo Duterte , running on a nationalist and populist platform, was elected President. Meanwhile, Leni Robredo ,

1188-588: The Commission on Audit (COA)—each enjoying fiscal autonomy. Other governmental bodies created under the Constitution include the Commission on Appointments (CA), the Judicial and Bar Council (JBC), the Office of the Ombudsman , and the Commission on Human Rights (CHR). Throughout its history, the Philippines has been governed by three other constitutions: the 1935 Commonwealth Constitution, which established

1254-434: The "Filipino family as the foundation of the nation" (Article XV, Section 1); the recognition of Filipino as "the national language of the Philippines" (Section 6, Article XIV), and even a requirement that "all educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors." (Section 19.1, Article XIV) Whether these provisions may, by themselves, be

1320-472: The 1987 charter for them to regulate economic sectors that can be opened for foreign investors, but this time through People's Initiative . Law expert Michael Henry Yusingco commented that Romualdez should show there is clear public support to amend it because without any such proof, plans will encounter hitches like before. The preamble and eighteen self-contained articles with a section numbering that resets for every article. The opening text introduces

1386-574: The Administration of Criminal Justice, and the Supreme Court, among others. In 2010, at the height of the disciplinary proceedings against the 37 faculty members of the College of Law who publicly spoke against the alleged plagiarism in Vinuya v. Executive Secretary , the journal released a strong statement on defending legal scholarship. While issues of the journal were, by then, available on

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1452-428: The College of Law is formed annually, following a competitive examination graded by a committee of faculty members. In its early years, members of the board were selected based on academic performance. The board composition varied according to the needs in a particular academic year. At that time, there was no chairperson. That position was created only in 1935, with Enrique Fernando being appointed as chairperson. Today,

1518-663: The Court held that a provision requiring that the State "protect and advance the right of the people to a balanced and healthful ecology" did not require implementing legislation to become the source of operative rights. The Katipunan 's revolution led to the Tejeros Convention where, at San Francisco de Malabón , Cavite , on March 22, 1897, the first presidential and vice presidential elections in Philippine history were held—although only Katipuneros ( viz. members of

1584-721: The Internet for some time, in 2012 and 2013, a major push towards digitalization was made with the re-launch of the PLJ Website, containing an extensive archive of the Journal's published volumes. The ten-year digitalization project was heavily supported by Senior Associate Justice Antonio T. Carpio , who also sponsored the Special Maritime Issue of the journal, a continuing digital issue of the publication devoted to maritime law issues, particularly those surrounding

1650-526: The Journal became an important resource, and was cited in the deliberations of the 1986 Constitutional Commission which drafted the Philippines’ present charter . In 1990, the journal saw, for the first time, the publication of articles written in Filipino, the national language. In the 2000s, the journal published special issues on topics including Gender Rights, Environmental Law, Law & Economics,

1716-570: The Katipunan) were able to take part, and not the general populace. A later meeting of the revolutionary government established there, held on November 1, 1897, at Biak-na-Bato in the town of San Miguel de Mayumo in Bulacan , established the Republic of Biak-na-Bato . The republic had a constitution drafted by Isabelo Artacho and Félix Ferrer and was based on the first Cuban Constitution . It

1782-630: The Philippine Supreme Court, including: More than a thousand former students and faculty members of the University of the Philippines College of Law have sat in either student or faculty editorial boards . Following contemporaneous law review tradition, the journal was likewise designed to be a training ground for legal scholars and practitioners of law. Many alumni editors have played important roles in shaping Philippine law, jurisprudence, and society, through their leadership in

1848-434: The Philippine legal context. These articles are written by law students, faculty members, legal professionals, and members of the judiciary, including the Philippine Supreme Court. On occasion, the journal publishes articles written by non-Filipino members of the legal community. The articles are selected and edited by the members of the editorial board. Articles published in the journal have been cited in numerous decisions of

1914-547: The Philippines and abroad, including the United States, Canada, England, Germany, Switzerland, the Netherlands, Belgium, Spain, Australia, Japan, India, China, Malaysia, South Africa, Argentina, Puerto Rico, Mexico, Colombia, Venezuela, and Brazil. The journal also maintains exchange arrangements with other law reviews, both domestic and foreign. The journal publishes articles and notes on various legal topics within

1980-663: The Supreme Court , the Secretary of Justice , the Chairs of the Senate and House Committees on Justice, and representatives from the legal profession. Article IX establishes three constitutional commissions, which are governmental bodies that are independent of the three main branches of government. These are the Civil Service Commission , the Commission on Elections , and the Commission on Audit . Article X pursues for local autonomy and mandates Congress to enact

2046-406: The administration of Corazon Aquino , succeeding administrations made several attempts to amend or change the 1987 Constitution. The first attempt was in 1995. A constitution was drafted by then-Secretary of National Security Council Jose Almonte , but was never completed because it was exposed to the media by different non-government organizations. They saw through a potential change regarding

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2112-454: The attempt serving the personal interests of the initiators. After the Estrada presidency, the administration of Gloria Macapagal-Arroyo endorsed constitutional changes via a Constitutional Assembly, with then-House Speaker Jose de Venecia leading the way. However, due to political controversies surrounding Arroyo's administration, including the possibility of term extension, the proposal

2178-469: The blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea,

2244-420: The case. The Supreme Court ruled that the initiative not continue, stating that a People's Initiative requires an enabling law for it to push through. During his presidency, Joseph Ejercito Estrada created a study commission for a possible charter change regarding the economic and judiciary provisions of the constitution. The attempt never attained its purpose after various entities opposed it due apparently to

2310-449: The citizenship of Filipinos. It enumerates two kinds of citizens: natural-born citizens and naturalized citizens. Natural-born citizens are those who are citizens from birth without having to perform any act to acquire or perfect Philippine citizenship. The Philippines follows a jus sanguinis system where citizenship is mainly acquired through a blood relationship with Filipino citizens. Natural-born citizenship forms an important part of

2376-531: The college's alumni. Frontispieces of Supreme Court justices and prominent practitioners were also featured in the earlier issues. The issues also contained commercial advertisements in order to generate income for the operations of the journal. The journal temporarily ceased publication on several occasions, most notably during World War II . It was revived after the war with the release of Volume 22 in 1947. This volume consisted of six issues, with articles written by faculty members and law students. During this time,

2442-665: The competing claims on the West Philippine Sea . In 2014, the Centennial Year of the Journal, the publication was made available on HeinOnline, one of the world's biggest legal research services—a first for a Philippine law review—through the efforts of the College of Law and the UP Law Library. The journal is edited by a board of student editors under the supervision of a faculty adviser. A new board composed of sophomore, junior and senior students of

2508-436: The constitution and the people as the source of sovereignty. It follows past constitutions, including an appeal to God . The preamble reads: We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity

2574-596: The country. Following his ascension as president after the 2016 presidential election , he signed Executive Order No. 10 on December 7, 2016, creating the Consultative Committee to Review the 1987 Constitution. A year after Bongbong Marcos was proclaimed president, his first cousin Speaker Martin Romualdez told an economic forum on December 11, 2023 that legislators from the House of Representatives will renew efforts at changing

2640-571: The current presidential system of government; the 1973 Constitution, initially reintroducing the parliamentary system but later amended to adopt a semi-presidential system ; and the 1986 Freedom Constitution, briefly implemented after the People Power Revolution . The constitution of the then- First Philippine Republic , the 1899 Malolos Constitution , which aimed to establish the first functional parliamentary republic in Asia ,

2706-468: The elections of the first members of the new Congress and of the President and the Vice President, specifying the current courts and the term limits of judges, specifying the initial salary for key members of government, mandating the newly elected Congress to pass laws to fulfill obligations set by these transitory provisions, and defining grace periods and limitations for previous treaties, laws, orders, and other instruments. This article also establishes that

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2772-624: The force of law are excluded for the purpose of this table. The text of many Philippine laws can be found on the following sites: Philippine Law Journal Its main office is at the Justice Alex A. Reyes Room of Malcolm Hall, University of the Philippines Diliman. The room is named after the Supreme Court Associate Justice who served as the journal ' s first editor. The history of

2838-426: The government. Some essential provisions are: Article III enumerates specific protections against the abuse of state power, most of which are similar to the provisions of the U.S. Constitution. Some essential provisions are: Similar to U.S. jurisprudence and other common law jurisdictions, the scope and limitations of these rights have largely been determined by the Supreme Court through case law. Article IV defines

2904-463: The issues generally contained legal articles, notes, comments, and book reviews mostly written by members of the judiciary, law professors, legal practitioners, and law students. Impelled by the activism of the Journal's editors and its student and faculty contributors, articles prominently published in the late 1970s and the 1980s included those on native titles, indigenous peoples’ rights, pre-Hispanic legal systems, and academic freedom. In these areas,

2970-532: The journal is intertwined with the modern history of the Philippine legal system. Founded in the earlier part of the American Occupation, only three years after the University of the Philippines College of Law ’s establishment in 1911, the journal served as a platform for the country's first legal scholars and luminaries to discuss highly contentious issues which would later become the foundations of our current laws and jurisprudence. Decades thereafter,

3036-401: The journal published five issues. After several changes in the number of issues released, the journal, sometime in the late 1970s, adopted a policy of quarterly publication or four issues in an academic year. Student editorial boards were likewise given greater freedom and independence with the abolition of the post of faculty editor, which was replaced by a faculty adviser. Beginning this period,

3102-471: The judiciary, the government service, the academe, and the legal profession, both in the Philippines and abroad. This is a list of notable editors . For a list of notable University of the Philippines College of Law graduates, see List of University of the Philippines College of Law alumni . Constitution of the Philippines • Senate The Constitution of the Philippines ( Filipino : Saligang Batas ng Pilipinas or Konstitusyon ng Pilipinas )

3168-568: The law faculty, the journal was designed as a vital training tool for law students, and modeled after the student-edited law reviews of American law schools. At its inception, the journal was distinctively the only English legal publication in the Orient. The pioneer editorial board was composed of former Associate Justice Alexander Reyes as managing editor; Paulino Gullas as business manager; and Jose A. Espiritu, Victoriano Yamzon, and Aurelio Montinola as associate editors. The inaugural issue featured

3234-412: The lives of Filipino people. This section also provides important provisions such as: Article XIII divulge the utmost responsibility of the Congress to give the highest priority in enactments of such measures which protects and enhances the rights of all the people to human dignity through affirming that present social, economic and political inequalities as well as cultural inequities among the elites and

3300-657: The main branches of the Philippine government : a legislative department known as the Congress , which consists of the Senate and the House of Representatives ; an executive department headed by a president ; and a judicial department , which includes the Supreme Court and lower courts. It also establishes three independent constitutional commissions— Civil Service Commission (CSC), the Commission on Elections (COMELEC), and

3366-443: The members are selected on the basis of competitive examinations and academic qualifications. Until 2014, the board was composed of only eight members: a chair, vice-chair, and six editors. The number of editors was raised to eight in 2014. The students who rank first and second in the examinations serve as the chair and vice-chair, respectively. The issues of the journal are distributed to various legal and educational institutions in

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3432-409: The new Constitution will take effect when ratified by a majority of votes in a plebiscite. The Constitution also contains several other provisions enumerating various state policies including, i.e., the affirmation of labor "as a primary social economic force" (Section 14, Article II); the equal protection of "the life of the mother and the life of the unborn from conception" (Section 12, Article II);

3498-448: The people, and an orderly transfer of power as the Constitutional Commission was drafting a permanent charter. The Constitutional Commission was composed of forty-eight members appointed by Aquino from varied backgrounds, including several former members of the House of Representatives , former justices of the Supreme Court , a Catholic bishop , and political activists against the Marcos regime. Aquino appointed Cecilia Muñoz-Palma ,

3564-441: The political system as only natural-born Filipinos are eligible to hold high offices, including all elective offices beginning with a representative in the House of Representatives up to the President. Article V mandates various age and residence qualifications to vote and a system of secret ballots and absentee voting. It also mandates a procedure for overseas and disabled and illiterate Filipinos to vote. Article VI provides for

3630-482: The poor shall be reduced or removed in order to secure equitable welfare and common good among Filipino people. It also establishes the role of the Commission on Human Rights which ensures appropriate legal measures for the protection of human rights of all the persons within the Philippines as well as Filipinos residing abroad. Moreover, this section also lays down salient provisions such as: Article XV establishes

3696-446: The privilege of the writ of habeas corpus . While it does not specify the extent of the President's powers during martial law, the Constitution explicitly prohibits the suspension of the Constitution, the replacement of civilian courts and assemblies, and the use of military courts and agencies over civilians when civilian courts are still operational during such state. The proclamation of martial law also does not automatically suspend

3762-471: The privilege of the writ of habeas corpus. Article VIII vests the judicial power upon the Supreme Court and other lower courts as may be established by law (by Congress). While the power to appoint justices and judges still reside with the President, the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy, a body composed of the Chief Justice of

3828-479: The protection of the people's interests in the constitutional draft. In 1997, the Pedrosa couple created a group called PIRMA followed with an attempt to change the constitution through a People's Initiative by way of gathering signatures from voters. Many prominent figures opposed the proposition, including Senator Miriam Defensor-Santiago , who brought the issue all the way to the Supreme Court and eventually won

3894-495: The rationale behind our legal system's policy to protect indigenous people's rights sprang from theories originally presented in the journal. On several occasions, the journal advocated the advancement of reforms to the law curriculum and legal education, the formation of policies protecting academic freedom. Established in 1914 under the guidance of the UP College of Law's founder and first dean, Justice George A. Malcolm , and

3960-410: The recognition of the state on the Filipino family as the basic foundation of the nation as it shall reinforce and bolster its solidarity and steadily promote its development. Alongside with this, it also states important provisions such as: Article XVI contains several general provisions, such as a general description of the national flag , the establishment of the Armed Forces of the Philippines and

4026-410: The seabed, the subsoil , the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. Article II lays out the basic social and political creed of the Philippines, particularly the implementation of the constitution and sets forth the objectives of

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4092-475: The source of enforceable rights without accompanying legislation has been the subject of considerable debate in the legal sphere and within the Supreme Court. The Court, for example, has ruled that a provision requiring that the State "guarantee equal access to opportunities to public service" could not be enforced without accompanying legislation, and thus could not bar the disallowance of so-called "nuisance candidates" in presidential elections. But in another case,

4158-584: The students worked on assignments given by the faculty editor. The issues after the war contained annual surveys of Philippine Supreme Court decisions, case digests, recent legislation, and book reviews of local and foreign works. They also contained features on student law debates and symposia sponsored by the Order of the Purple Feather, the prestigious honor society of the College of Law. From 1948 to 1955, journal issues were published bimonthly. In 1956,

4224-465: Was a member of the commission, walked out before the constitution's completion, and two other delegates dissented from the final draft. The Commission finished the final draft on October 12, 1986, and presented it to Aquino on October 15. The constitution was ratified by a nationwide plebiscite on February 2, 1987 . The constitution provided for three governmental branches, namely the executive , legislative , and judicial branches . The executive branch

4290-496: Was never fully implemented nationwide and did not lead to international recognition, largely due to the outbreak of the Philippine–American War . Ruling by decree in the early months of her presidency following the 1986 People Power Revolution , President Corazon Aquino was presented with three options: restore the 1935 Constitution; retain and reform the 1973 Constitution; or pass a new constitution. She decided to have

4356-489: Was rejected by the Supreme Court. The next attempt was from then-Speaker of the House Feliciano Belmonte Jr . during President Benigno Aquino III 's administration. Belmonte attempted to introduce amendments to the Constitution focusing on economic provisions aiming toward liberalization. The effort did not succeed. President Rodrigo Duterte oversaw the possibility of implementing federalism on

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