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Marcosian Rule Checksbalance
Marcosian Rule Checksbalance
Marcosian rule.
1) Article II, Section I. The Philippines is a democratic and republican State. Sovereignty resides
in the people and all government authority emanates from them.
2) Article III, Section 1. No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.
3) Article III, Section 3. (1) The privacy of communication and correspondence shall be inviolable
except upon lawful order of the court, or when public safety or order requires otherwise as
prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.
4) Article III, Section 4. No law shall be passed abridging the freedom of speech, of expression,
or of the press, or the right of the people peaceably to assemble and petition the government for
redress of grievances.
5) Article V, Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise
disqualified by law, who are at least eighteen years of age, and who shall have resided in the
Philippines for at least one year and in the place wherein they propose to vote for at least six
months immediately preceding the election. No literacy, property, or other substantive requirement
shall be imposed on the exercise of suffrage.
6) Article XI, Section 2. The President, the Vice-President, the Members of the Supreme Court,
the Members of the Constitutional Commissions, and the Ombudsman may be removed from
office, on impeachment for, and conviction of, culpable violation of the Constitution, treason,
bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers
and employees may be removed from office as provided by law, but not by impeachment.
7) Article XII, Section 1. The goals of the national economy are a more equitable distribution of
opportunities, income, and wealth; a sustained increase in the amount of goods and services
produced by the nation for the benefit of the people; and an expanding productivity as the key to
raising the quality of life for all, especially the underprivileged.
The State shall promote industrialization and full employment based on sound agricultural
development and agrarian reform, through industries that make full and efficient use of human and
natural resources, and which are competitive in both domestic and foreign markets. However, the
State shall protect Filipino enterprises against unfair foreign competition and trade practices.
In the pursuit of these goals, all sectors of the economy and all regions of the country shall be
given optimum opportunity to develop. Private enterprises, including corporations, cooperatives,
and similar collective organizations, shall be encouraged to broaden the base of their ownership.
8) Article VII, Section 18. The President shall be the Commander-in-Chief of all armed forces of
the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent
or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public
safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ
of habeas corpus or place the Philippines or any part thereof under martial law. 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.
The suspension of the privilege of the writ shall apply only to persons judicially charged for
rebellion or offenses inherent in or directly connected with the invasion.
During the suspension of the privilege of the writ, any person thus arrested or detained shall be
judicially charged within three days, otherwise he shall be released.
9) Article III, Section 9 of the Constitution states that private property shall not be taken for public
use without just compensation. Towards this end, the State shall ensure that owners of real property
acquired for national government infrastructure projects are promptly paid just compensation.
10) Article XVII, 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. Its goal is to secure
the sovereignty of the State and the integrity of the national territory.
11) Under Section 1 of Article XVII of the 1987 Constitution, the resolution states that any
amendment to, or revision of, the Constitution may be proposed by: (1) The Congress, upon a vote
of three-fourths of all its Members; or (2) A constitutional convention.Article XVII, Section 2.
Amendments to this Constitution may likewise be directly proposed by the people through
initiative upon a petition of at least twelve per centum of the total number of registered voters, of
which every legislative district must be represented by at least three per centum of the registered
voters therein.
12)Article XVII, Section 2. Amendments to this Constitution may likewise be directly proposed
by the people through initiative upon a petition of at least twelve per centum of the total number
of registered voters, of which every legislative district must be represented by at least three per
centum of the registered voters therein.
13) Article XIII, Section 15. The State shall respect the role of independent people's organizations
to enable the people to pursue and protect, within the democratic framework, their legitimate and
collective interests and aspirations through peaceful and lawful means.
14) Article 3, Section 5 of the 1987 Philippine Constitution, which provides that: “No law shall be
made respecting an establishment of religion, or prohibiting the free exercise thereof.
15) Section 16, Article III of the 1987 Constitution mandates that every person must be afforded
the right to speedy trial, provided, thus: "All persons shall have the right to a speedy disposition of
their cases before all judicial, quasi-judicial, or administrative bodies."
Give 15 provisions in 1987 constitution which are checked and balanced by other provisions?
1) Article VII, Section 18. The President shall be the Commander-in-Chief of all armed forces of
the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent
or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public
safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ
of habeas corpus or place the Philippines or any part thereof under martial law. 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 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 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 where civil courts are able to function, nor
automatically suspend the privilege of the writ.
The suspension of the privilege of the writ shall apply only to persons judicially charged for
rebellion or offenses inherent in or directly connected with invasion.
During the suspension of the privilege of the writ, any person thus arrested or detained shall be
judicially charged within three days, otherwise he shall be released.
2. Article VI, Section 1. The legislative power shall be vested in the Congress of the Philippines
which shall consist of a Senate and a House of Representatives, except to the extent reserved to
the people by the provision on initiative and referendum.
3. Article VII, Section 1. The executive power shall be vested in the President of the Philippines
4) Article VII, Section 4. The President and the Vice-President shall be elected by direct vote of
the people for a term of six years which shall begin at noon on the thirtieth day of June next
following the day of the election and shall end at noon of the same date six years thereafter. The
President shall not be eligible for any reelection. No person who has succeeded as President and
has served as such for more than four years shall be qualified for election to the same office at any
time.
No Vice-President shall serve for more than two consecutive terms. Voluntary renunciation of the
office for any length of time shall not be considered as an interruption in the continuity of the
service for the full term for which he was elected.
Unless otherwise provided by law, the regular election for President and Vice-President shall be
held on the second Monday of May.
The returns of every election for President and Vice-President, duly certified by the board of
canvassers of each province or city, shall be transmitted to the Congress, directed to the President
of the Senate. Upon receipt of the certificates of canvass, the President of the Senate shall, not later
than thirty days after the day of the election, open all certificates in the presence of the Senate and
the House of Representatives in joint public session, and the Congress, upon determination of the
authenticity and due execution thereof in the manner provided by law, canvass the votes.
The person having the highest number of votes shall be proclaimed elected, but in case two or
more shall have an equal and highest number of votes, one of them shall forthwith be chosen by
the vote of a majority of all the Members of both Houses of the Congress, voting separately.
The Congress shall promulgate its rules for the canvassing of the certificates.
The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election,
returns, and qualifications of the President or Vice- President, and may promulgate its rules for the
purpose.
5) Article VIII, Section 1. The judicial power shall be vested in one Supreme Court and in such
lower courts as may be established by law.
6) Article VIII, Section 2. The Congress shall have the power to define, prescribe, and apportion
the jurisdiction of various courts but may not deprive the Supreme Court of its jurisdiction over
cases enumerated in Section 5 hereof.
No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its
Members.
7) Article VIII, Section 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the
Judiciary may not be reduced by the legislature below the amount appropriated for the previous
year and, after approval, shall be automatically and regularly released.
8) Article IX, Section 1. The Constitutional Commissions, which shall be independent, are the
Civil Service Commission, the Commission on Elections, and the Commission on Audit.
9) Article IX, Section 5. The Commission shall enjoy fiscal autonomy. Their approved annual
appropriations shall be automatically and regularly released.
10) Article X, Section 1. The territorial and political subdivisions of the Republic of the Philippines
are the provinces, cities, municipalities, and barangays. There shall be autonomous regions in
Muslim Mindanao and the Cordilleras as hereinafter provided.
11) Article X, Section 2. The territorial and political subdivisions shall enjoy local autonomy.
12) Article XVIII, Section 2. Amendments to this Constitution may likewise be directly proposed
by the people through initiative upon a petition of at least twelve per centum of the total number
of registered voters, of which every legislative district must be represented by at least three per
centum of the registered voters therein. No amendment under this section shall be authorized
within five years following the ratification of this Constitution nor oftener than once every five
years thereafter.
The Congress shall provide for the implementation of the exercise of this right.
13) Article X, Section 15. There shall be created autonomous regions in Muslim Mindanao and in
the Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing
common and distinctive historical and cultural heritage, economic and social structures, and other
relevant characteristics within the framework of this Constitution and the national sovereignty as
well as territorial integrity of the Republic of the Philippines.
14) Article XI, Section 3. (1) The House of Representatives shall have the exclusive power to
initiate all cases of impeachment.
15) Article XI, Section 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved
annual appropriations shall be automatically and regularly released.