THE PHILIPPINE CONSTITUTION

DEFINITION OF CONSTITUTION

 It is a body of rules and maxims in accordance with which the powers of the
sovereign are habitually exercised. (COOLY, Constitutional Limitations, p. 4)
 It is the basic principle and laws of a nation, state, or social group that determine
the powers and duties of the gov’t and guarantee certain rights to people in it.
 “The highest expression of the law”.
 With particular reference to the Constitution of the Republic of the Philippines; it
is a written instrument enacted by the direct action of the people by which the
fundamental powers of the government are established, limited, and defined, and
by which those powers are distributed among the several departments for their
safe and useful exercise, for the benefit of the body politic (MALCOLM & LAUREL,
Philippine Constitutional Law (1936), p. 6)

TRIVIA!!

The constitution of Monaco is the shortest written constitution, containing 10

chapters with 97 articles, and a total of 3,814 words.

TRIVIA!!

The constitution of India is the longest written constitution of any sovereign country
in the world, containing 444 articles in 22 parts, 12 schedules and 118 amendments,
with 146,585 words in its English-language version.

PURPOSE OF CONSTITUTION

 It prescribes the framework of the system or the kind of government that will
exist in the state.
 It creates the different departments and specifies their respective functions and
duties.
 It is the source of the sovereign powers of a government by establishing the fixed,
first or basic principles on which the government is founded.
 “It promotes public welfare, which involves the safety, prosperity, health, and
happiness of the people. The constitution establishes the rights of the people
which the government is obligated to protect. It guarantees freedom of speech,
freedom of the press, and freedom of religion” (People VS Linsangan, 62 Phil 646,
December 21, 1935).

KINDS OF CONSTITUTION

ACCORDING TO FORM

 WRITTEN (CODIFIED)
 Constitution in which most of its provisions are embodied in a single formal
written document or set of documents.
 The United States Constitution is an example of a written constitution

 UNWRITTEN (UNCODIFIED)
 Constitution which consists of rules which have not been integrated into a
single, concrete form but are scattered in various sources, such as statutes of
a fundamental character, judicial decisions, commentaries of publicists,
customs and traditions, and certain common law principles.
 The English Constitution is an example of an unwritten constitution
ACCORDING TO ORIGIN

 ENACTED (CONVENTIONAL)
 Constitution that is formally struck off at a definite time and place following a
conscious and deliberate effort taken by a constituent body or ruler.
 The Japanese Constitution of 1889 is an example of an enacted constitution

 EVOLVED (CUMULATIVE)
 A constitution which results from political evolution, not inaugurated at any
specific time but changing by accretion rather than by any systematic method.
 The English Constitution is an example of an evolved constitution.

ACCORDING TO MANNER OF AMENDMENT

 RIGID (INELASTIC)
 Constitution that can be amended only by a formal and usually difficult
process.
 The Australian Constitution is an example of a rigid constitution

 FLEXIBLE (ELASTIC)
 Constitution that can be altered by the same body that makes ordinary laws
of the state.
 The Israeli Constitution is an example of a flexible constitution

TRIVIA!!

The 1987 Constitution of the Philippines is classified as written, enacted and rigid
constitution.

ESSENTIAL PARTS OF A GOOD WRITTEN CONSTITUTION

CONSTITUTION OF GOVERNMENT

 This portion of the constitution describes the framework of government and its
power; and also defines the electorate.
 The series of provisions outlining the organization of the government,
enumerating its powers, laying down certain rules relative to its administration
and defining the electorate (Art. VI, VII, VIII, IX).

CONSTITUTION OF LIBERTY

 This part enumerates the fundamental rights of the people guaranteed under the
constitution.
 The series of prescriptions setting forth the fundamental civil and political rights
of the citizens and imposing limitations on the powers of the government as a
means of securing the enjoyment of those rights (Art III).

CONSTITUTION OF SOVEREIGNTY

 This part indicates the manner of amending or revising the Constitution.

 Provisions pointing out the mode or procedure in accordance with which formal
changes in the fundamental law may be brought about (Art. XVII).
THE METAMORPHOSIS OF THE PHILIPPINE CONSTITUTION

BIAK-NA-BATO CONSTITUTION

 The Philippine Revolution reached a stalemate in 1897 when the revolutionary

forces of General Emilio Aguinaldo fled to the mountains of Biak-na-Bato in San
Miguel de Mayumo, Bulacan.
 The Spanish forces led by Gen. Miguel Primo de Rivera realized that even though
they could crush the rebels in Bulacan, it did not mean the revolution would end
for it was already widespread in the other provinces.
 The Spaniards soon sued for a cease-fire with the revolutionary forces.
 In order to consolidate the forces still fighting in the other provinces, Aguinaldo
met with his leaders to establish a recognized government.
 A revolutionary government had already been formed in March that year with
Aguinaldo as President in Tejeros, San Francisco de Malbon (now General Trias)
in Cavite. It was this government that was now in Biak-na-Bato.
 An assembly of Filipino rebel leaders were called and it was agreed that a
republican form of government would be formed.
 Two Filipinos, Isabelo Artacho and Felix Ferrer were tasked to write a constitution.
Both decided to adopt the previsions of the constitution framed in Jimaguayu,
Cuba and from this, the Constitution of Biak-na-Bato was formulated.
 The Constitution was promulgated by the Philippine Revolutionary Government
on November 1, 1897, and became the provisionary constitution of the
government during the revolution against Spain.
 By the end of 1897, Governor-General Fernando Primo de Rivera accepted the
impossibility of quelling the revolution by force of arms.
 Desiring to make peace with Aguinaldo, he sent emissaries to Aguinaldo seeking
a peaceful settlement. Ironically, nothing was accomplished until Pedro A.
Paterno, a known turncoat and a lawyer from Manila, volunteered to act as
negotiator
 Paterno's efforts led to a peace agreement called the Pact of Biak-na-Bato. This
consisted of three documents, the first two being signed on December 14, 1897,
and the third being signed on December 15, ending the Republic of Biak-na-Bato.

MALOLOS CONSTITUTION

 Following the defeat of Spain in the Spanish-American War in 1898, the Filipinos
began their task of creating the independent nation they valiantly fought for in
1896.
 On June 12, 1898, Philippine independence was declared and two weeks later,
Aguinaldo ordered the convening of a Congress in Malolos, Bulacan and had its
inaugural session at Barasoain Church on September 15. The delegates then
convened Congress and elected its officers. One of its first acts was to ratify the
Independence declaration in Kawit.
 Discussion for the Constitution began on October 25 after the submission of a
draft by Felipe Calderon. Calderon drew inspiration from the constitutions of
Mexico, Belgium, Guatemala, Costa Rica, Brazil and France.
 One of the heated discussions focused on the issue of the union of Church and
State where Catholicism would be the state religion.
 The constitution was approved by the Malolos Congress on November 29, 1898
and forwarded to President Aguinaldo for approval.
 Mabini objected to this proposal and the approval of the Constitution was delayed.
The amendments were made and the document was finally approved by Aguinaldo
on January 21, 1899.
 The first Philippine Republic was inaugurated on January 23, 1899 at Barasoain
Church where Emilio Aguinaldo took his oath of office as the first President of the
Republic. This was followed by the reading of the Malolos Constitution and the
taking of the oath of loyalty by the Army.
 The approval of the Constitution and the creation of the republic did not end the
strife between the Congress and Mabini. Mabini was eventually replaced as
president of the Cabinet several months later.
 The Republic, however, was a short-lived government. Its demise began at the
start of the Philippine-American War in February 4, 1899 and ceased to exist with
the capture of President Aguinaldo in Palanan, Isabela in March 23, 1901 and in
July 1902, the United States formally established the first civil government
(insular government) in the islands.

TRIVIA!!

The Malolos Republic was the first democratic government of the country and the
first republican constitution in Asia

ACTS OF THE U.S CONGRESS

 From December 10, 1898 to March 24, 1934, the Philippines was a United States
colony. Hence, the Philippines was at this period under the jurisdiction of the
Federal Government of the United States of America.
 During this period, the U.S. congress passed two acts: Philippine Organic Act of
1902 and Philippine Autonomy Act of 1916 which established the structure,
procedures, powers and duties of the Philippine government.
 The third act of the United States Congress, Philippine Independence Act of 1934,
provided a mechanism towards the creation and establishment of a formal
constitution.
 Philippine Organic Act of 1902
 “Philippine Bill of 1902” or “Cooper Act”
 Authored by Henry Cooper
 First organic law for the Philippine Islands enacted by the United States
Congress on July 1, 1902 which provided for the creation of the Philippine
Assembly
 Legislative power would be vested in bicameral legislature composed of the
Philippine Commission (upper house) and the Philippine Assembly (lower
house).
 Philippine Autonomy Act of 1916
 “Jones Law” or “Jones Act”
 Authored by William Jones
 Enacted by the United States Congress on August 29, 1916 which replaced
the Philippine Organic Act of 1902
 Removed the Philippine Commission as the legislative upper house and
replacing it with a Senate elected by Filipino voters, creating the Philippines’
first fully elected national legislature
 Philippine Assembly was changed and became the House of Representatives
of the Philippines.
 This act stated that it was and had always been the purpose of the people of
the United States to end their sovereignty over the Philippine Islands and to
recognize Philippine independence as soon as a stable government can be
established therein.
 Philippine Independence Act of 1934
 “Tydings–McDuffie Act”
 Authored by Millard Tydings and John McDuffie
 Enacted by the United States Congress on March 24, 1934 which provided
for the drafting and guidelines for the establishment of a formal constitution
via a constitutional convention for a 10-year “transitional period” government
before the granting of independence. This was known as the Commonwealth
Government.

1935 CONSTITUTION

 Following the signings of Tydings-McDuffie Law, the Philippine began to ready

itself for its transition from colonial country into a self-governing nation.
 On July 10,1934, an election was held to vote for the delegates to write a
constitution for the Philippines. Two hundred two delegates were elected and
convention was opened on July 30.
 The draft of the Constitution was finished by January 31, 1935 and was approved
by the convention by February 8 the same year.
 The Constitution was approved by US President Franklin Roosevelt on March 23,
1935 and ratified by the Filipino people in a plebiscite on May 14, 1935.
 The 1935 Constitution of the Philippines served as the fundamental law of the
land from 1935 to 1972.
 The 1935 Constitution enumerated the composition, powers, and duties of the
three branches of the government (the executive, the legislative, and the judicial)
and created the General Auditing Office and laid down the framework in the
establishment of the civil service in the country.
 The other provisions included the Bill of Rights, a provision for women’s suffrage
giving the women the right to vote and to be part of the Philippine politics for the
first time, the creation of a Philippine Armed Forces for national defense, and the
development of the national language.
 The framing of the 1935 Constitution was momentous event for Filipino people.
It showed the Americans that Filipinos had the capability for self-government with
the creation of the Commonwealth Government in 1935 that led the country’s
independence a decade later.

1943 CONSTITUTION

 The Commonwealth Government was interrupted by the Second Word War and
the Japanese Occupation of the Philippines. The commonwealth under President
Manuel Quezon went into exile in the United States.
 As part of their policy of attraction in their Greater East Asia Co-Prosperity Sphere
program, the Japanese offered to grant the Philippines its independence.
 Acting on the orders of the Japanese military, the Kapisanan ng Paglilingkod sa
Bagong Pilipinas or KALIBAPI, a Filipino political party during the Japanese
occupation, convened and created the Preparatory Committee for Philippine
Independence (PCPI) to write a new constitution.
 This was finished and signed on September 4, 1943 in a public ceremony and
ratified by the KALIBAPI a few days later. On October 14, 1943, the Second
Philippine Republic was inaugurated with Jose P. Laurel as President.
 The 1943 Constitution was basically a condensed version of the 1935 Constitution
consisting only of a preamble and 12 articles. It was transitory in nature as it was
only effective during the duration of the war.
 It created a republic with three offices (executive, legislative, and judicial) but no
legislature was convened. These powers were concentrated with the President.
 The Bill of Rights basically enumerated the citizen’s duties and obligations rather
than their constitutional rights and Tagalog was declared the national language.
 The 1943 Constitution was recognized as legitimate and binding only in Japanese-
controlled areas in the country. It was ignored by the United States government
and the Philippine Commonwealth government in-exile.
 It was abolished along with the Second Republic upon the liberation of the
Philippines by the American forces in August 1945 and the re-establishment of
the Commonwealth
 The United States government granted independence to the Philippines on July 4,
1946, giving way for the establishment of the Third Republic

1973 CONSTITUTION

 On June 1, 1971, a Constitutional Convention was convened at the Manila Hotel

to write a new constitution that would meet the new challenges confronting the
Philippine Republic that developed since it was formed in 1946. It was during the
second term of President Ferdinand Marcos that the convention opened.
 Almost immediately, the convention became controversial. The delegates
concentrated more on speeches and giving themselves allowances before actually
sitting down to discuss the provisions of the new constitution.
 The biggest scandal came when Leyte delegate Eduardo Quintero accused Marcos
of bribing delegates to vote for a provision to extend the presidential term of office
and to change the form of government.
 But the convention’s activities soon came to a temporary halt when President
Marcos declared martial law on September 21, 1972. He abolished Congress and
reorganized the government. Several days later, the convention was reconvened
and a draft constitution was finally finished and approved on November 30 1972.
 The plebiscite was held from January 10-15, 1973 and the constitution was
overwhelmingly approved. On January 17, 1973, President Marcos signed
Proclamation No. 1102 declaring the 1973 Constitution ratified.
 The 1973 Constitution provided for a parliamentary form of government in which
the President was the symbolic head of the state and the Prime Minister was the
head of government. The prime Minister, who was nominated by the president,
acted as the head of the Cabinet.
 The 1973 Constitution was subsequently amended four times.
 FIRST AMENDMENT (1976)
 An Interim Batasang Pambansa (IBP) substituting for the Interim National
Assembly
 The president would also become the Prime Minister and he would continue to
exercise legislative powers until such time as martial law was lifted.
 SECOND AMENDMENT (1980)
 The retirement age of the members of the judiciary was extended to 70 years
 THIRD AMENDMENT (1981)
 Executive power was restored to the President
 Direction election of the President was restored
 An executive Committee composed of the Prime Minister and not more than 14
members was created
 FOURTH AMENDMENT (1984)
 Abolished the Executive Committee and restored the position of Vice President
(which did not exist in the original, unamended 1973 Constitution
 The 1973 Constitution remained in force until the February 22-25 EDSA People
Power Revolution of 1986 which toppled the Marcos administration.
1986 CONSTITUTION (FREEDOM CONSTITUTION)

 On March 24, 1986, President Aquino signed Proclamation No. 3 entitled

“Declaring a National Policy to Implement Reforms Mandated by the People
Protecting their Basic Rights, Adopting A Provisional Constitution, and Providing
for an Orderly Transition to a Government Under a New Constitution,” later called
the “Freedom Constitution,” was proclaimed, setting aside the 1973 Constitution
thereby recognizing the new Aquino administration as a temporary revolutionary
government until the framing of a new constitution.
 It basically adopted some provisions of the 1973 Constitution especially the Bill
of Rights.
 Under the Freedom Constitution, the President continued to exercise legislative
powers until a legislature was convened under a new constitution.
 Furthermore, the President was given the power to appoint the members of a
Constitutional Commission tasked to draft a new charter “truly reflective of the
ideals and aspirations of the Filipino people.”

1987 CONSTITUTION

 By virtue of Sec. 1, Article 5 of the Freedom Constitution, President Aquino issued

on April 23, 1986 Proclamation No. 9, consisting a Constitutional Commission
(CONCOM) charged with drafting a new constitution.
 President Aquino, on May 26, 1986, appointed the 50 CONCOM members
representing the various sectors of society from politics to the arts and to the
religion.
 On June 2 the ConCom, headed by former Justice Cecilia Munoz Palma,
commenced its sessions at the Batasang Pambansa in Quezon City.
 The ConCom completed their task on October 12, 1986 and presented the draft
constitution to President Aquino on October 15. After a period of nationwide
information campaign, a plebiscite for its ratification was held on February 2,
1987. An overwhelming 17,059,495 voted to ratify the constitution while
5,058,714 voted against it.
 On February 11, 1987, the New Constitution was proclaimed, ratified, and in
effect. On the same day, President Aquino, government officials, and the military
pledged allegiance to the New Constitution.
 SIGNIFICANT PROVISIONS

1. A presidential system of government restores the bicameral Congress of the

Philippines, composed of a Senate and a House of Representatives.

2. A modified Bill of Rights (Article III) details the rights of every Filipino citizen.
Much emphasis was placed on the writing of this provision after the violations
committed during the 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 violation
involving civil and political rights. It provides appropriate legal measures for
the protection of human rights of all person within the Philippines, and several
other powers in relation to the protection of human rights.

4. The recognition of 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.

PREAMBLE

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, 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.

Article I - National Territory

Article II - Declaration of Principles and State Policies

Article III - Bill of Rights

Article IV - Citizenship

Article V - Suffrage

Article VI - Legislative Department

Article VII - Executive Department

Article VIII - Judicial Department

Article IX - Constitutional Commission

Article X - Local Government

Article XI - Accountability of Public Officers

Article XII - National Economy and Patrimony

Article XIII - Social Justice and Human Rights

Article XIV - Education, Science and Technology, Arts, Culture, and Sports

Article XV - The Family

Article XVI - General Provisions

Article XVII - Amendments and Revision

Article XVIII - Transitory Provisions

ESSENTIAL PARTS OF THE PHILIPPINE CONSTITUTION

CONSTITUTION OF GOVERNMENT

The present Constitution established a presidential form of government

acknowledging the civilian authority as supreme over the military. Its prime duty is
to serve and protect the people.

It also restored the Bicameral Congress of the Philippines. The 1987 Constitution
provided for a tripartite system of government, i.e., the Legislative, Executive, and
the Judiciary. The different departments of the government are coordinate, coequal
and each functions independently, uncontrolled and uncontrollable by the other.

LEGISLATIVE DEPARTMENT (ARTICLE VI)

 A branch of government that has the power to pass, amend, and repeal laws. The
legislative power is conferred upon Congress, i.e., House of Representatives and
the Philippine Senate.
 The Senate (Senate President: Vicente Sotto III)
 The Senate shall be composed of twenty-four Senators who shall be elected at
large by the qualified voters of the Philippines, as may be provided by law.
 No person shall be a Senator unless he is a natural-born citizen of the
Philippines, and, on the day of the election, is at least thirty-five years of age,
able to read and write, a registered voter, and a resident of the Philippines for
not less than two years immediately preceding the day of the election.
 The House of Representatives (Speaker of the House: Lord Allan Velasco)
 The House of Representatives shall be composed of not more than two hundred
and fifty members, unless otherwise fixed by law, who shall be elected from
legislative districts apportioned among the provinces, cities, and the
Metropolitan Manila
 No person shall be a Member of the House of Representatives unless he is a
natural-born citizen of the Philippines and, on the day of the election, is at least
twenty-five years of age, able to read and write.

EXECUTIVE DEPARTMENT (ARTICLE VII)

 This is another branch of government charged with the execution and

enforcement of laws and policies and the administration of public affairs.
 The President
 The President leads the country. He/she is the head of state, leader of the
national government, and Commander in Chief of all armed forces of the
Philippines.
 The President of the Philippines is elected by direct vote by the people for a
term of six years. He may only serve for one term, and is ineligible for re-
election.
 The Vice President
 The Vice President supports the President. If the President is unable to serve,
the Vice President becomes President.
 The Vice President of the Philippines is elected by direct vote by the people for
a term of six years, and may run for re-election once.
 The Cabinet
 Cabinet secretaries act as the alter ego of the President in executing, with his
authority, the power of the Office of the President in their respective
departments.
 The number of cabinet secretaries varies from time to time depending on the
need of an administration. According to the Administrative Code of 1987, the
President may create or dissolve any department as he sees fit.
 The Local Government
 The executive branch extends beyond the national government.
 According to Article X, Section 4 of the constitution, the President of the
Philippines is mandated to supervise local governments all over the country.
 However, because of Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, local governments enjoy relative autonomy from
the national government.

JUDICIAL DEPATMENT (ARTICLE VIII)

 This is the branch of government charged with the interpretation of laws and the
administration of justice. The judiciary has the duty to settle actual controversies
involving rights, which are legally demandable and enforceable.
 The Supreme Court (Chief Justice: Diosdado Peralta)
 The court consists of 14 associate justices and 1 Chief Justice.
 The functions of the Supreme Court is the supervision and control over the
Philippine judiciary and its employees.
 The Court is further authorized to promulgate the rules for admission to the
practice of law, for legal assistance to the underprivileged, and the procedural
rules to be observed in all courts.
 The Court of Appeals (Presiding Justice: Remedios A. Salazar-Fernando)
 The court consists of 68 Associate Justices and 1 Presiding Justice
 It is assigned to review cases elevated to it from the Regional Trial Courts as
well as quasi-judicial agencies such as the Civil Service Commission, Securities
and Exchange Commission, National Labor Relations Commission, and the Land
Registration Authority.
 It also reviews cases where the sentence is reclusion perpetua as well as
decisions of the Office of the Ombudsman in administrative disciplinary cases.
 The Court of Tax Appeals
 The Court of Tax Appeals has exclusive jurisdiction to review on appeal
decisions in cases involving disputed assessments, refunds of internal revenue
taxes, fees, or other charges, penalties in relation thereto, or other matters
arising under the National Internal Revenue Code.
 It also exercises original jurisdiction over all criminal offenses arising from
violations of the Tax or Tariff Codes and other laws administered by the Bureau
of Internal Revenue or the Bureau of Customs.
 The Sandiganbayan
 Its rank is equivalent to the Court of Appeals.
 The Sandiganbayan shall sit in five divisions of three justices each.
 The Sandiganbayan tries and decides criminal and civil cases against
government officials and employees accused of graft and corruption and similar
other cases.
 The ombudsman (Samuel Martires) is responsible for investigating and
prosecuting Philippine government officials accused of crimes, especially graft
and corruption.
 The Trial Courts of the First and the Second Level
 First Level Courts are the Metropolitan Trial Courts (MeTCs), the Municipal Trial
Courts in Cities (MTCCs), the Municipal Trial Courts (MTCs), the Municipal
Circuit Trial Courts (MTCCs), and the Shari’a Circuit Courts (SCC)
 The Second Level Courts are the Regional Trial Courts (RTCs) and Shari’a
District Courts (SCC)
CONSTITUTION OF LIBERTY

 This part of the 1987 constitution, The Bill of Rights (Art. III), enumerates the
fundamental rights of the Filipino people. It sets the limits to the government’s
power which proves to be not absolute. Among the rights of the people are
freedoms of speech, assembly, religion, and the press.
 An important feature here is the suspension of the writ of habeas corpus which
have three available grounds such as invasion, insurrection, and rebellion.
 Section 1-11: Rights of the people
 Section 12-22: Rights of the accused

Section 1: Right to life, liberty, and property

Section 2: Right against unreasonable searches and seizures

Section 3: Right to keep his communication/correspondence a secret

Section 4: Freedom of Speech. Right to a Free Press; Freedom of Assembly; the

Right of Petition

Section 5: Freedom of Religion

Section 6: Liberty of abode & the right to travel

Section 7: Right to information

Section 8: Right to form associations

Section 9: Right to Just Compensation

Section 10: Non-Impairment Clause.

Section 11: Free Access to Court

Section 12: Right of Person under Custodial Investigation

Section 13: Right to Bail & against Excessive Bail

Section 14: Rights of the Accused, Right to Due Process of Law in Criminal Cases,
Innocent until Proven Guilty, The Right to Confront One’s Accuser

Section 15: Writ of Habeas Corpus

Section 16: Right to Speedy Disposition of Cases

Section 17: Right against self- incrimination

Section 18: Right to political beliefs and aspirations.

Section 19: Prohibition against degrading or inhuman punishment

Section 20: Non- Imprisonment for debts

Section 21: Right against double jeopardy

Section 22: Ex post facto law and bill of attainder

CONSTITUTION OF SOVEREIGNTY

 Sovereignty is the quality of having independent authority over a geographic area.

Sovereignty is exercised by the State to exact obedience to its laws upon the
citizens.
 Sovereignty may be internal or external. Internal sovereignty denotes the power
of the State to control and govern its people, while external sovereignty denotes
freedom of a State from external control; independence.
 By virtue of this sovereignty, that power to amend or revise the 1987 Constitution
is thereby vested on the Congress or through a constitutional convention (Article
XVII).
 Any amendment to the 1987 Constitution may be proposed by the congress, upon
a vote of three-fourths of all its Members; or a constitutional convention upon a
vote of two-thirds of all its Members.
 Amendments to the 1987 Constitution may likewise be directly proposed by the
people through initiative upon a petition of at least twelve percent of the total
number of registered voters,
 No amendment shall be authorized within five years following the ratification of
the 1987 Constitution nor oftener than once every five years thereafter.