GROUP 02

SECOND SUBGROUP:
ESPINUEVA, MARY SHALOM H.
DULDULAO, LYKA LIZETH G.
TABIOS, MIRYAN KAYE
HABON, RENO H.
o Malolos Constitution (1935)
o Commonwealth Constitution (1935)
o 1973 Constitution
o 1987 Constitution
 Introduction;
CONSTITUTION
o The branch public law which deals with constitution;
their nature, formation, amendment and
interpretation.
o It is also the law embodied in the constitution as well
as the principles growing out of the interpretation
and application made by the courts, specifically the
Supreme Court.
It was formally established with Emilio Aguinaldo as
President by proclamation of the Malolos Constitution
on January 21, 1899, in Malolos, Bulacan,
succeeding the previous Revolutionary Government
of the Philippines. It endured until 1901.
 MALOLOS CONSTITUTION (1899)
Preamble

We, the Representatives of the Filipino people, lawfully

convened, in order to establish justice, provide for common
defense, promote the general welfare, and insure the benefits
of liberty, imploring the aid of the Sovereign Legislator of the
Universe for the attainment of these ends, have voted,
decreed, and sanctioned the following:
POLITICAL CONSTITUTION

Title I
THE REPUBLIC
Article 1. The political association of all Filipinos constitutes a
nation, whose state shall be known
as the Philippine Republic.
Article 2. The Philippine Republic is free and independent.
Article 3. Sovereignty resides exclusively in the people.
Title II

THE GOVERNMENT
Article 4. The Government of the Republic is popular,
representative, alternative, and
responsible, and shall exercise three distinct powers: namely, the
legislative, the executive, and the judicial. Any two or more of
these three powers shall never be united in one person or
cooperation, nor the legislative power vested in one single
individual. Considered, for this purpose, as part of Philippine
territory.
Title III
RELIGION
Article 5. The State recognizes the freedom and equality of all
religions, as well as the separation of the Church and the State.
Title IV
THE FILIPINOS AND THEIR NATIONAL AND INDIVIDUAL RIGHTS
Article 6. The following are Filipinos:
1. All persons born in the Philippine territory. A vessel of
Philippine registry is considered, for this purpose, as part of
Philippine territory.
2. Children of a Filipino father or mother, although born
outside of the Philippines.
3. Foreigners who have obtained certification of naturalization
4. Those who, without such certificate, have acquired a domicile in
any town within Philippine territory. It is understood that domicile is
acquired by uninterrupted residence for two years in any locality
within Philippine territory, with an open abode and known
occupation, and contributing to all the taxes imposed by the Nation.
The condition of being a Filipino is lost in accordance with law.
Article 7. No Filipino or foreigner shall be detained nor imprisoned
except for the commission of a crime and in accordance with law.
Article 8. All persons detained shall be discharged or delivered
to the judicial authority within 24 hours following the act of
detention.
All detentions shall be without legal effect, unless the arrested
person is duly prosecuted within 72 hours after delivery to a
competent court. The accused shall be duly notified of such
proceeding within the same period.
Article 10. No one shall enter the dwelling house of any Filipino
or a foreigner residing in the Philippines without his consent
except in urgent cases of fire, inundation, earthquake or similar
dangers, or by reason of unlawful aggression from within, or in
order to assist a person therein who cries for help. Outside of
these cases, the entry into the dwelling house of any Filipino or
foreign resident in the Philippines or the search of his papers and
effects can only be decreed by a competent court and
executed only in the daytime.
The search of papers and effects shall be made always in the
presence of the person searched or of a member of his family
and, in their absence, of two witnesses resident of the same
place. However, when a criminal caught in fraganti should take
refuge in his dwelling house, the authorities in pursuit may enter
into it, only for the purpose of making an arrest. If a criminal
should take refuge in the dwelling house of a foreigner, the
consent of a latter must first be obtained.
Article 11. No Filipino shall be compelled to change his
residence or domicile except by virtue of a final judgment.
Article 12. In no case may correspondence confided to the post office
be detained or opened by government authorities, nor any
telegraphic or telephonic message detained. However, by virtue of a
competent court, correspondence may be detained and opened in
the presence of the sender.
Article 13. All orders of imprisonment, of search of a dwelling house,
or detention of written correspondence, telegraph or telephone,
must be justified. When an order lacks this requisite, or when the
grounds on which the act was founded is proven in court to be
unlawful or manifestly insufficient, the person to be detained or
whose imprisonment has not been ratified within the period
prescribed in Art. 9, or whose correspondence has been
detained, shall have the right to recover damages.
Article 14. No Filipino shall be prosecuted or sentenced, except by
a judge or court of proper jurisdiction and according to the
procedure prescribed by law.
Article 15. Except in the cases provided by the Constitution, all
persons detained or imprisoned not in accordance with legal
formalities shall be released upon his own petition or upon petition
of another person. The law shall determine the manner of
proceeding summarily in this instance, as well as the personal
and pecuniary penalties which shall be imposed upon the person
who ordered, executed or to be executed the illegal detention or
imprisonment.
Article 16. No one shall be temporarily or permanently deprived of
rights or disturbed in his enjoyment thereof, except by virtue of
judicial sentence. The officials who, under any pretext whatsoever,
should violate this provision, shall be personally liable for the
damages caused.
Article 17. No one shall be deprived of his property by expropriation
except on grounds of public necessity and benefit, previously
declared and justified by proper authorities, and indemnifying the
owner thereof prior to expropriation.
Article 18. No one shall be obliged to pay any public tax which had
not been approved by the National Assembly or by local popular
governments legally so authorized, and which is not in the
manner prescribed by the law.
Article 19. No Filipino who is in full enjoyment of his civil or political
rights, shall be impeded in the free exercise of said rights.
Article 20. Neither shall any Filipino be deprived:
1. Of the right to freely express his ideas or opinions, orally or in
writing, through the use of the press or other similar means.
2. Of the right of association for purposes of human life and which
are not contrary to public morals; and lastly
3. Of the right to send petitions to the authorities, individually or
collectively. The right of petition shall not be exercised through any
kind of armed force.
Article 21. The exercise of the rights provided for in the
preceding article shall be subject to general provisions
regulating the same.
Article 22. Crimes committed on the occasion of the exercise of
rights provided for in this title, shall be punished by the courts in
accordance with the laws.
Article 23. Any Filipino may establish and maintain institutions of
learning, in accordance with the laws authorizing them. Public
education shall be free and obligatory in all schools of the nation.
Article 24. Foreigners may freely reside in Philippine territory,
subject to legal dispositions regulating the matter; may engage
in any occupation or profession for the exercise of which no
special license is required by law to be issued by the national
authorities.
Article 25. No Filipino who is in full enjoyment of his political and
civil rights shall be impeded in his right to travel freely abroad or in
his right to transfer his residence or possessions to another
country, except as to his obligations to contribute to military service
or the maintenance of public taxes.
Article 26. No foreigner who has not been naturalized may exercise
in the Philippines any office which carries with it any authority or
jurisdictional powers.
Article 27. All Filipinos are obliged to defend his country with arms
when called upon by law, and to contribute to the expenses of the
State in proportion to his means.
Article 28. The enumeration of the rights provided for in this title
does not imply the denial of other rights not mentioned.
Article 29. The prior authorization to prosecute a public official in the
ordinary courts is not necessary, whatever may be the crime
committed. A superior order shall not exempt a public official from
liability in the cases which constitute apparent and clear violations of
constitutional precepts. In others, the agents of the law shall only
be exempted if they did not exercise the authority.
Article 30. The guarantees provided for in Articles 7, 8, 9, 10,
and 11 and paragraphs 1 and 2 of Article 20 shall not be
suspended, partially or wholly, in any part of the Republic,
except temporarily and by authority of law, when the security
of the State in extraordinary circumstances so demands.
When promulgated in any territory where the suspension applies,
there shall be a special law which shall govern during the period of
the suspension, according to the circumstances prevailing.
The law of suspension as well as the special law to govern shall be
approved by the National Assembly, and in case the latter is in
recess, the Government shall have the power to decree the same
jointly with the Permanent Commission, without prejudice to
convoking the Assembly without the least delay and report to it
what had been done. However, any suspension made shall not
affect more rights than those mentioned in the first paragraph
of this article nor authorize the Government to banish or deport
from the Philippines any Filipino
Article 31. In the Republic of the Philippines, no one shall be judged
by a special law nor by special tribunals. No person or corporation
may enjoy privileges or emoluments which are not in compensation
for public service rendered and authorized by law. War and marine
laws shall apply only for crimes and delicts which have intimate
relation to military or naval discipline.
Article 32. No Filipino shall establish laws on primogeniture, nor
institutions restrictive of property rights, nor accept honors,
decorations, or honorific titles or nobility from foreign nations
without the consent of the Government.
 Neither shall the Government establish in the Republic
institutions mentioned in the preceding paragraph, nor confer
honors, decorations, or honorific titles of nobility to any Filipino.

The Nation, however, may reward by special law approved

by the Assembly, conspicuous services rendered by citizens of
the country.
On November 15, 1935, the Filipino people took
the penultimate step to independence with the
inauguration of the Commonwealth of the
Philippines. Only two months prior, on September
16, a million Filipinos had trooped to the polls to
elect their two highest officials—the President
and Vice President. This was the first time in the
history of the nation that a Filipino would finally
sit as Chief Executive and hold office in Malacañan
Palace.Senate President Manuel L. Quezon and
his running mate Senate President pro tempore
Sergio Osmeña were elected as President and Vice
President.
 Commonwealth Constitution 1935
Preamble
The Filipino people, imploring the aid of Divine Providence, in
order to establish a government that shall embody their ideals,
conserve and develop the patrimony of the nation, promote the
general welfare, and secure to themselves and their posterity the
blessings of independence under a régime of justice, liberty, and
democracy, do ordain and promulgate this Constitution.
Article I.—THE NATIONAL TERRITORY
Section 1. The Philippines comprises all the territory ceded to the
United States by the treaty of Paris concluded between the United
States and Spain on the tenth day of December, eighteen hundred
and ninety-eight, the limits of which are set forth in Article III of said
treaty, together with all the islands embraced in the treaty concluded
at Washington, between the United States and Spain on the
seventh day of November, nineteen hundred, and in the treaty
concluded between the United States and Great Britain on the
second day of January, nineteen hundred and thirty, and all
territory over which the present Government of the Philippine
Islands exercises jurisdiction.
ARTICLE II. —DECLARATION OF PRINCIPLES
Section 1. The Philippines is a republican state. Sovereignty resides
in the people and all government authority emanates from them.
Section 2. The defense of the State is a prime duty of government,
and in the fulfillment of this duty all citizens may be required by law
to render personal military or civil service.
Section 3. The Philippines renounces war as an instrument of
national policy, and adopts the generally accepted principles of
international law as a part of the law of the Nation.
Section 4. The natural right and duty of parents in the rearing of
the youth for civic efficiency should receive the aid and
support of the Government.
Section 5. The promotion of social justice to insure the well-being
and economic security of all the people should be the concern of
the State.

ARTICLE III. —BILL OF RIGHTS

SECTION 1. (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.
(2) Private property shall not be taken for public use without just
compensation.
(3) The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures
shall not be violated, and no warrants shall issue but upon probable
cause, to be determined by the judge after examination under oath
or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched, and
the persons or things to be seized.
(4) The liberty of abode and of changing the same within the limits
prescribed by law shall
not be impaired.
(5) The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court or when public
safety and order require otherwise.
(6) The right to form associations or societies for purposes not
contrary to law shall not be abridged.
(7) No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof, and the free exercise and
enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious
test shall be required for the exercise of civil or political rights.
(8) No law shall be passed abridging the freedom of speech,
or of the press, or the right of the people peaceably to assemble
and petition the Government for redress of grievances
(9) No law granting a little of nobility shall be enacted, and no
person holding any office of profit or trust shall, without the consent
of the National Assembly, accept any present, emolument, office,
or title of any kind whatever from any foreign state.
(10) No law impairing the obligation of contracts shall be passed.
(11) No ex post facto law or bill of attainder shall be enacted.
(12) No person shall be imprisoned for debt or nonpayment of a
poll tax.
(13) No involuntary servitude in any form shall exist except as a
punishment for crime whereof the party shall have been duly
convicted.
(14) The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion, insurrection, or
rebellion, when the public safety requires it, in any of which
events the same may be suspended wherever during such
period the necessity for such suspension shall exist.
(15) No person shall be held to answer for a criminal offense
without due process of law.
(16) All persons shall before conviction be bail able by sufficient
sureties, except those charged with capital offenses when
evidence of guilt is strong. Excessive bail shall not be required.
(17) In all criminal prosecutions the accused shall be presumed to be
innocent until the contrary is proved, and shall enjoy the right to be heard
by himself and counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy and public trial, to meet the
witnesses face to face and to have compulsory process to secure the
attendance of witnesses in his behalf.
(18) No person shall be compelled to be a witness against himself.
(19) Excessive fines shall not be imposed, nor cruel and unusual punishment
inflicted.
(20) No person shall be twice put in jeopardy of punishment for the same
offense. If an act is punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another prosecution
for the same act.
(21) Free access to the courts shall not be denied to any
person by reason of poverty.
The 1973 Constitution: draft presented
to President Marcos by the 1971
Constitutional Convention on December 1,
1972; deemed ratified by Citizens'
Assemblies held from January 10 to 15,
1973, proclaimed in force by Proclamation
by President Marcos, January 17, 1973.
Preamble 1973 Constitution
We, the sovereign Filipino people, imploring the aid of Divine
Providence, in order to establish a Government that shall embody
our ideals, promote the general welfare, conserve and develop the
patrimony of our Nation, and secure to ourselves and our
posterity the blessings of democracy under a regime of justice,
peace, liberty, and equality, do ordain and promulgate this
Constitution.
ARTICLE I
THE NATIONAL TERRITORY
SECTION 1. The national territory comprises the Philippine archipelago,
with all the islands and waters embraced therein, and all the other
territories belonging to the Philippines by historic right or legal title,
including the territorial sea, the air space, the subsoil, the sea-bed, the
insular shelves, and the other submarine areas over which the
Philippines has sovereignty or jurisdiction. The waters around, between,
and connecting the islands of the archipelago, irrespective of their
breadth and dimensions, form part of the internal waters of the
Philippines.
ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES
SECTION 1. The Philippines is a republican state. Sovereignty resides in
the people and all governmental authority emanates from them.
SEC. 2. The defense of the State is a prime duty of the Government and
the people, and in the fulfillment of this duty all citizens may be required
by law to render personal military or civil service.
SEC. 3. 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.
SEC. 4. The State shall strengthen the family as a basic social institution.
The natural right and duty of parents in the rearing of the youth for civic
efficiency and the development of moral character shall receive the aid
and support of the Government.
SEC. 5. The State recognizes the vital role of the youth in the nation-
building and shall promote their physical, intellectual, and social well-
being.
SEC. 6. The State shall promote social justice to ensure the dignity,
welfare, and security of all the people. Towards this end, the State shall
regulate the acquisition, ownership, use, enjoyment, and disposition of
private property, and equitably diffuse property ownership and profits.
SEC. 7. The State shall establish, maintain, and ensure adequate social
services in the field of education, health, housing, employment, welfare, and
social security to guarantee the enjoyment by the people of a decent
standard of living.
SEC. 8. Civilian authority is at all times supreme over the military.
SEC. 9. The State shall afford protection to labor, promote full employment
and equality in employment, ensure equal work opportunities regardless
of sex, race, or creed, and regulate the relations between workers and
employers. The State shall assure the rights of workers to
self- organization, collective bargaining, security of tenure,and just and
humane conditions of work. The State may provide for compulsory
arbitration.
SEC. 10. The State shall guarantee and promote the autonomy of local
government units, especially the [barangays], to ensure their fullest
development as self-reliant communities.
ARTICLE III
CITIZENSHIP
SECTION 1. The following are citizens of the Philippines:
(1) Those who are citizens of the Philippines at the time of the adoption
of this Constitution.
(2) Those whose fathers or mothers are citizens of the Philippines.
(3) Those who elect Philippine citizenship pursuant to the provisions of
the Constitution of nineteen hundred and thirty-five.
(4) Those who are naturalized in accordance with law.
SEC. 2. A female citizen of the Philippines who marries an alien shall
retain her Philippine citizenship, unless by her act or omission she is
deemed, under the law, to have renounced her citizenship.
SEC. 3. Philippine citizenship may be lost or reacquired in the manner
provided by law.
SEC. 4. A natural-born citizen is one who is a citizen of the Philippines
from birth without having to perform any act to acquire or perfect his
Philippine citizenship.
ARTICLE IV
BILL OF RIGHTS
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.
SEC. 2. Private property shall not be taken for public use without just
compensation.
SEC. 3. The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures of
whatever nature and for any purpose shall not be violated, and no search
warrant or warrant of arrest shall issue except upon probable cause to
be determined by the judge, or such other responsible officer as may
be authorized by law, after examination under oath or affirmation of
the complainant and the witnesses he may produce, and particularly
describing the place to be searched, and the persons or things to be
seized.
SEC. 4. (1) The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court, or when public safety and
order require otherwise.
(2) Any evidence obtained in violation of this or the preceding section shall
be inadmissible for any purpose in any proceeding.
SEC. 5. The liberty of abode and of travel shall not, be impaired except upon
lawful order of the court, or when necessary in the interest of national
security, public safety, or public health.
SEC. 6. The right of the people to information on matters of public
concern shall be recognized. Access to official records, and to
documents and papers pertaining to official acts, transactions, or
decisions, shall be afforded the citizen subject to such limitations
as may be provided by law.
SEC. 7. The right to form associations or societies for purposes not contrary to
law shall not be abridged.
SEC. 8. No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof. The free exercise and enjoyment of
religious profession and worship, without discrimination or preference,
shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.
SEC. 9. No law shall be passed abridging the freedom of speech,
or of the press, or the right of the people peaceably to assemble and
petition the Government for redress of grievances.
SEC. 10. No law granting a title of royalty or nobility shall be enacted.
SEC. 11. No law impairing the obligation of contracts shall be
passed.
SEC. 12. No ex post facto law or bill of attainder shall be enacted.
SEC. 13. No person shall be imprisoned for debt or non-payment of a poll
tax.
SEC. 14. No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duty convicted.
SEC. 15. The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion, insurrection, rebellion, or
imminent danger thereof, when the public safety requires it.
SEC. 16. All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.
SEC. 17. No person shall be held to answer for a criminal offense
without due process of law.
SEC. 18. All persons, except those charged with capital offenses when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient
sureties. Excessive bail shall not be required.
SEC. 19. In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and shall enjoy the right to be heard
by himself and counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy, impartial, and public trial, to
meet the witnesses face to face, and to have compulsory process to
secure the attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed notwithstanding the
absence of the accused provided that he has been duly notified and his
failure to appear is unjustified.
SEC. 20. No person shall be compelled to be a witness against himself. Any
person under investigation for the commission of an offense shall have the
right to remain silent and to counsel, and to be informed of such right. No
force, violence, threat, intimidation, or any other means which vitiates the
free will shall be used against him. Any confession obtained in violation of
this section shall be inadmissible in evidence.
SEC. 21. Excessive fines shall not be imposed, nor cruel or unusual
punishment inflicted.
SEC. 22. No person shall be twice put in jeopardy of punishment for the
same offense. If an act is punished by a law and an ordinance,
conviction or acquittal under either shall constitute a bar to another
prosecution for the same act.
SEC. 23. Free access to the courts shall not be denied to any person
by reason of poverty.
Approved by the 1986 Constitutional
Commission on October 12, 1986, the 1987
Constitution of the Republic of the Philippines
was presented to President Corazon
C. Aquino on October 15, 1986. It was
ratified on February 2, 1987 by a plebiscite.
It was proclaimed in force on February 11, 1987.
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

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, 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
DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES
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. Its goal is to secure the sovereignty of the State and the integrity
of the national territory.
Section 4. The prime duty of the Government is to serve and protect the
people. The Government may call upon the people to defend the State
and, in the fulfillment thereof, all citizens may be required, under
conditions provided by law, to render personal, military or civil service.
Section 5. The maintenance of peace and order, the protection of life,
liberty, and property, and 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
Section 7. The State shall pursue an independent foreign policy. In its
relations with other states, the paramount consideration shall be
national sovereignty, territorial integrity, national interest, and the right
to self-determination.
Section 8. The Philippines, consistent with the national interest, adopts and
pursues a policy of freedom from nuclear weapons in its territory.
Section 9. The State shall promote a just and dynamic social order that will
ensure the prosperity and independence of the nation and free the people
from poverty through policies that provide adequate social services,
promote full employment, a rising standard of living, and an improved
quality of life for all.
Section 10. The State shall promote social justice in all phases of
national development.
Section 11. The State values the dignity of every human person and
guarantees full respect for human rights
Section 12. The State recognizes the sanctity of family life and shall protect
and strengthen the family as a basic autonomous social institution. It shall
equally protect the life of the mother and the life of the unborn from
conception. The natural and primary right and duty of parents in the rearing
of the youth for civic efficiency and the development of moral character
shall receive the support of the Government.
Section 13. The State recognizes the vital role of the youth in nation-
building and shall promote and protect their physical, moral, spiritual,
intellectual, and social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in public
and civic affairs.
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 15. The State shall protect and promote the right to health of the
people and instill health consciousness among them.
Section 16. The State shall protect and advance the right of the people to
a balanced and healthful ecology in accord with the rhythm and harmony
of nature.
Section 17. The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation and
development.
Section 18. The State affirms labor as a primary social economic force.
It shall protect the rights of workers and promote their welfare.
Section 19. The State shall develop a self-reliant and independent
national economy effectively controlled by Filipinos.
Section 20. The State recognizes the indispensable role of the private
sector, encourages private enterprise, and provides incentives to needed
investments.
Section 21. The State shall promote comprehensive rural development
and agrarian reform.
Section 22. The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and
development.
Section 23. The State shall encourage non-governmental, community-
based, or sectoral organizations that promote the welfare of the nation.
Section 24. The State recognizes the vital role of communication and
information in nation- building.
Section 25. The State shall ensure the autonomy of local governments.
Section 26. The State shall guarantee equal access to opportunities for
public service and prohibit political dynasties as may be defined by law.
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 in the Constitution is the article that articulates and
enlists the rights of an individual that the government is duly bound to
protect, respect and carry out. It embodies statements of individual rights
and immunities to protect persons or citizens from the government
excesses and oppression.
RIGHTS PROTECTED BY THE BILL OF RIGHTS
THE RIGHT TO DUE PROCESS
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.
LIFE – attributed to the physical appearance and existence
of a human form
Example: right to self-preservation
Deprivation of life includes the loss of any of the
various physical and mental attributes which man must have
to live as human being
LIBERTY – means not only the right of an individual to be
free from physical restraint of his person, such as by
imprisonment or detention, but also the right to be free in the
use of his faculties in all lawful ways.
Example: freedom of expression, speech, and travel
Deprivation of liberty means the prevention,
suppression and restriction of human freedom and expression
PROPERTY – may refer to a thing itself or the right over
the thing
Example: right to own, use, transmit and even destroy the
property, subject to the right of the state and of other persons
Deprivation of property exists when the property is
unlawfully confiscated or when the exercise of the right over a
property is unreasonably prevented
Power of Eminent Domain – the power of the state
to acquire private property for public use upon payment of just
compensation
RIGHT AGAINST UNREASONABLE SEARCHES AND
SEIZURES
Section 2. The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures of
whatever nature and for any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except upon probable cause to
be determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or
things to be seized.
Search Warrant – an order in writing, issued in the name of the
Republic of the Philippines, signed by a judge and directed to a peace
officer commanding him to search for personal property and bring it
before the court
Warrant of Arrest – a command in formal writing issued against a
person; to take him in the custody of law in order that he may be bound
to answer for the commission of an offense.
RIGHT OF PRIVACY OF COMMUNICATION
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.
The new constitution protects and safeguards the privacy of
communication (by telephone and similar devices) as well as
correspondence (letters and telegrams).
Exceptions:
1. Upon lawful order of the court, as when the judge orders that the
communication or letter be testified to as being material to a pending
case.
Exceptions:
1. Upon lawful order of the court, as when the judge orders that the
communication or letter be testified to as being material to a pending
case.
2. When public safety or order shall require otherwise, as prescribed by law.
FREEDOM OF EXPRESSION AND RIGHT TO ASSEMBLE
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.
Freedom of Speech implies the opportunity to freely utter whatever
anyone pleases and be protected against any responsibility unless such
utterances are against the law or against recognized rights of others
Freedom of the Press implies the opportunity to freely print whatsoever
one pleases and to be protected against any responsibility unless such
print is against the recognized rights of others.
Freedom of Expression is a catch-all phraseology for it may include
freedom of speech, press, religion, association and acts.
Right to Assemble means a right on the part of the citizens to meet
peacefully for consultation with respect to public affairs, not the affairs of
other people
Right to Petition means any person or group of persons can complain
without fear of penalty to the concerned government branch or office
FREEDOM OF RELIGION
Section 5. No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or preference, shall forever be
allowed. No religious test shall be required for the exercise of civil or political rights.
Freedom of religion is meant to protect the broadest possible liberty of conscience,
to allow each man to believe as his conscience directs, to profess
his beliefs, and to live as he believes he ought to live, consistent with the liberty of
others and with the common good.
FREEDOM OF ABODE AND RIGHT TO TRAVEL
Section 6. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except in the interest of national
security, public safety, or public health, as may be provided by law. Abode refers
to a place or domicile where a person has established his residence. Travel
refers to act of mobility going in or out of places where one pleases.
RIGHT OF PEOPLE TO INFORMATION
Section 7. The right of the people to information on matters of public concern
shall be recognized. Access to official records, and to documents and papers
pertaining to official acts, transactions, or decisions, as well as to government
research data used as basis for policy development, shall be afforded the citizen,
subject to such limitations as may be provided by law. Any citizen of the
Philippines, and alien to a given extent, enjoys the right to obtain information on
matters of public concern from government records and documents on public
policy, laws passed by Congress, financial report at the Department of Budget
and Management. However, certain records of national interest and
confidentiality may be kept secret by the State.
RIGHT TO FORM ASSOCIATIONS
Section 8. The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not
contrary to law shall not be abridged. People can form unions, associations, or
organizations which are peaceful, purposeful, and not contrary to law.
RIGHT TO PRIVATE PROPERTY
Section 9. Private property shall not be taken for public use without just
compensation. The Constitution respects the rights of citizens to own something
that is strictly for their personal use. The government may need a particular
property for, a public project but the government must pay justly.
RIGHTS OF THE ACCUSED
1. The right to adequate legal assistance.
2. The right, when under investigation for the commission of an offense, to be
informed of his right to remain silent and to have counsel Miranda Doctrine – The
accused has the right to remain silent; that anything he says can be used against
him in a court of law; that he has the right to the presence of an attorney, and that
if he cannot afford an attorney, one will be appointed for him prior to any
questioning, if he so desires.
3. The right against the use of torture, force, violence, threat intimidation, or any
other means which vitiates the free will
4. The right against being held in secret incommunicado, or similar forms of
solitary confinement
5. The right against excessive fines. The right to bail and against excessive
bail
6. The right to due process
7. The right to the presumption of innocence, the right to be heard by
himself and counsel, the right to meet the witnesses, face to face, the
right to have compulsory process to secure the attendance of witnesses
and the production of evidence in his behalf
8. The right against self-incrimination
9. The right against detention by reason of political beliefs and
aspirations and the right against involuntary servitude.
10. The right against cruel, degrading or inhuman punishment and the
right against infliction of death
penalty except for heinous crimes.
11. The right against double jeopardy – prohibits the execution of any
person for a crime of which he
was previously acquitted or convicted.
ESPINUEVA, MARY SHALOM H.
DULDULAO, LYKA LIZETH G.
TABIOS, MIRYAN KAYE
HABON, RENO H.