General Info Questions (Applicable both in Professional and Sub-Pro Exams)

Philippine Constitution
Code of Conduct and Ethical Standards for Public Officials and Employees (R.A. 6713)
Peace and Human Rights Issues and Concepts
Environment Management and Protection

Constitution
A constitution is a written instrument by which the fundamental powers of government are
established, limited and defined, and by which the powers are distributed among several
departments for their safe and useful exercise for the benefits of the people. (Manila Hotel vs.
GSIS, February 1:05 3, 1997)

Constitutional Supremacy
Under the doctrine of constitutional supremacy, if a law or contract violates any norm of the
constitution that law or contract whether promulgated by the legislative or by the executive
branch or entered into by private persons for private purposes is null and void a without any
force and effect
Thus, since the Constitution is the fundamental, paramount supreme law of the nation, it is
deemed written in every statute and contract.

The State
It is a community of persons, more or less numerous, permanently occupying a definite portion
of territory, independent of external control and possessing an organized government to which
the great body of inhabitants render habitual obedience. (Article I, 1933 Montevideo
Convention)

The Elements of the state

1. People
- It refers simply to the inhabitants of the state.

People of the world - May 31, 2021

China - 1,444,070,688
India 1,393,005,758
Philippines - 111,046,913
Australia - 25,788,215
Vatican - 800

2. Territory
- It is the fixed portion of the surface of the earth inhabited by the people of the
state.

Article 1 - 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 seas,
the seabed, the subsoil, the insular shelves, and other submarine areas.
The water around, between and connecting the islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal waters of The Philippines.

Archipelago
-Greek
arkhon - leader/ chief
pelagos - sea
-A sea studded with many islands

UNCLOS
- United Nations Convention on the Laws of the Sea (UNCLOS)
1-(1956-58),
2- (1960)
3-(1973-1980)
Made effective on November 16, 1994
This governs the territorial jurisdiction of all archipelagic states

ITLOS
• The Tribunal is composed of 21 independent members elected by secret ballot by the States
Parties to the Convention.
• Each State Party may nominate up to two candidates from among persons enjoying the
highest reputation for fairness and integrity and of recognized competence in the field of the law
of the sea
• Hamburg, Germany

President
South Africa
Albert Hoffman 2020-2023

Straight baseline method

In defining the internal waters of the archipelago, a straight baseline should be drawn to connect
appropriate points of the outermost islands without departing radically from the general direction
of the coast so that the entire archipelago shall be encompassed as one whole territory.
The waters inside these baselines shall be considered internal and thus not subject to entry by
foreign vessels without consent of the local state.

Territorial Sea
The belt of the sea located between the coast and internal waters of the coastal state on the
other hand, and the high seas on the other, extending up to 12 nautical miles from the low water
mark or in the case of the archipelagic states, from the baselines.

Contiguous Zone
It extends up to 12 nautical miles from the territorial sea.
The coastal state may exercise limited jurisdiction over the contiguous zone to prevent
infringement of customs, fiscal, immigration or sanitary laws.

Internal Waters
Covers all water and waterways on the landward side of the baseline.
The coastal nation is free to set laws, regulate any use, and use any resource.
Bodies of water within the land mass, such as rivers, lakes, canals, gulfs, bays and straits. The
UN Convention on the Law of the Sea defines internal waters as all waters on the landward side
of the baselines of the territorial sea.
Foreign vessels have no right of passage within internal waters

Right of Innocent Passage

Vessels of all states enjoy the right of innocent passage through the territorial sea.
The passage must be continuous and expeditious except in cases of force majeure.
Submarines and underwater craft are required to navigate on the surface and to show their flag.

Exclusive Economic Zone

Extends up to 200 nautical miles from the low water mark or the baseline.
Technically, the area beyond the territorial sea is not part of the territory of the state, but the
coastal state may exercise sovereign rights over economic resources of the sea, seabed,
subsoil although other states shall have freedom of navigation and over flight, to lay submarine
rabbles and pipelines and other lawful uses
States with overlapping ex economic zones are enjoined to enter into the appropriate treaty for
the joint exploitation and utilization of the resources in the area.

Continental shelf
Continental shelf is defined as natural prolongation of the land territory to the continental
margin's outer edge, or 200 nautical miles from the coastal state's baseline, whichever is
greater.
State's continental shelf may exceed 200 nautical miles until the natural prolongation ends, but it
may never exceed 350 nautical miles.
States have the right to harvest mineral and non-living materials in the subsoil of their
continental shelf, to the exclusion of others.

The Baselines Law

R. A. No. 3046 - June 17, 1961
Based on Article 3 of the Treaty of Paris concluded between the United States and Spain on
December 10, 1898
The Treaty concluded at Washington, between the United States and Spain on November 7,
1900
The treaty concluded between the United States and Great Britain on January 2, 1930
Republic Act No. 5446 - 18 September 1968.
An Act to Amend Section One of the Republic Act 3046
Section 1. To correct typographical errors, Section 1 of Republic Act 3046 is amended
Section 2. The definition of the baselines of the territorial sea of the Philippine Archipelago as
provided in this Act is without prejudice to the delineation of the baselines of the territorial sea
around the territory of Sabah, situated in North North Borneo, over which the Republic of the
Philippines has acquired dominion and sovereignty.
• Republic Act No. 9522 - March 10, 2009
Amended R. A. No. 3046 Republic Act No. 5446
Section 2 - The baselines of the following areas over which the Philippines exercises
sovereignty and jurisdiction shall be determined as "Regime of Islands" under the Republic of
the Philippines consistent with Article 121 of the UNCLOS :
- a) The Kalayaan Island Group as constituted under PD 1596
- b) Bajo de Masinloc also known as Scarborough Shoal

Magallona vs Ermita, August 16, 2011

• "The drawing of such baseline shall not depart to any appreciable extent from the general
configuration of the archipelago."
• So sa loob ng ating baseline, dapat magkalapit ang mga islands.
Dahil malayo ang Scarborough Shoal, hindi natin masasabing malapit sila sa atin although we
are still allowed by international law to claim them as our own.

Kalayaan Islands
Kalayaan is composed of only one barangay Pag-Asa.
This island has a 1.3 km airstrip that is used both by the military and civilians.
It has a regulated civilian population of about 350, most of whom are fishermen.
In 1947, Tomas Cloma, a Filipino adventurer and a fishing magnate, discovered several
uninhabited and unoccupied groups of islands/islets in the vastness of the South China Sea.
● On May 11, 1956, together with 40 men, Tomas Cloma and his brother Filemon took formal
possession of the islands, lying some 380 miles west of the southern end of Palawan and
named it "Freedomland.”
● Four days later on May 15, 1956, Cloma issued and posted copies of his "Notice to the Whole
World" on each of the islands as a decisive manifestation of unwavering claim over the territory.
• Then on May 31, 1956, Tomas Cloma declared the establishment of the Free Territory of
Freedomland, ten days after he sent his second representation to the Secretary of Foreign
Affairs, informing the latter that the territory claimed was named "Freedomland".
● On July 6, 1956, Cloma declared to the whole world his claim and the establishment of a
separate government for the *Free Territory of Freedomland" with its capital on Flat Island
(Patag Island).
His declaration was met with violent and unfriendly reactions from several neighboring countries
especially Taiwan when on September 24,1956 it effectively garrisoned the nearby island of Itu
Aba and intercepted Cloma's men and vessels found within its immediate waters.
• In 1972, Cloma was jailed by Philippine President Ferdinand Marcos for four months for
"impersonating a military officer by being called an 'admiral".
• In August 1974, Cloma changed the name of the country from Freedomland to Colonia.
• At that same time, he retired as titular head of state in favor of John de Mariveles.
In December 1974, Cloma was arrested and forced to sign a document to convey to the
Philippines whatever rights he might have had in the territory for one peso.
• In March 1976, President Marcos issued the Letter of Instruction (LOI) No.1-76 organizing the
Western Command based in Palawan in response to the heightening conflict of interest in the
region and to abate any untoward incident.
● To further the claim of the Philippines, on June 11, 1978 President Marcos, by virtue of
Presidential Decree No.1596, formally annexed the Kalayaan Islands creating a distinct and
separate Municipality known as "Kalayaan" under the political jurisdiction of the Province of
Palawan, but under the custody of the Department of National Defense.
• Scarborough Shoal forms a triangle-shaped chain of reefs and rocks or very small islands 55
kilometres (34 mi) in circumference with a total area including shallow water areas of 150
square kilometers.
The shoal is about 123 miles (198 km) west of Subic Bay. To the east of the shoal is the 5,000 -
6,000 meter deep Manila Trench. The nearest landmass is Palauig, Zambales, 137 miles (220
km) due east.

• The name Scarborough shoal was taken after the East India company tea trade ship
Scarborough that hit the rocks on September 12, 1784 in which everyone on board perished.
Bajo de Masinloc or Scarborough Shoal is about 50 square nautical miles or about 1 square
meters equivalent to the size of Quezon City. Once China starts to make artificial islands in Bajo
de Masinloc or Scarborough Shoal, it will be bigger than the combined Clark Field in Pampanga
and Subic Bay Metropolitan area. A PRC Chinese military and Naval Base in Bajo de Masinloc
will threaten the whole Philippines and like a dagger pointed toward Manila the center of power
in the Philippines 1:32

• The Philippines states that its assertion of sovereignty over the shoal is based on the juridical
criteria established by public international law on the lawful methods for the acquisition of
sovereignty. .
Among the criteria (effective occupation, cession, prescription, conquest, and accretion)
Presidential Decree No. 1596 issued on June 11, 1978

Historical basis of Philippine claim

• The 1734 "Carta hydrographica chorographica y de las Islas Filipinas" Made by Spanish Jesuit
priest Pedro Murillo Velarde, the map names the shoal Bajo de Masinloc.
• 1774 map of the Philippine Islands depicting Scarborough Shoal as Panacot Shoal

Chinese claim
• The People's Republic of China and the Republic of China (Taiwan) claim that Chinese people
discovered the shoal centuries ago and that there is a long history of Chinese fishing activity in
the area
• 1947 Map depicting China's territory in South China Sea, by the Republic of China's Ministry of
the Interior

RP vs. PROC
• On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the
People's Republic of China under Annex VII to the United Nations Convention on the Law of the
Sea (the "Convention"), "with respect to the dispute with China over the maritime jurisdiction of
the Philippines in the West Philippine Sea."
• On 19 February 2013, China presented a Note Verbale to the Philippines in which it described
"the Position of China on the South China Sea issues," and rejected and returned the
Philippines' Notification.
• The Permanent Court of Arbitration acts as Registry in this arbitration.
● On March 30, 2013 the Philippines filed a voluminous (4,000-page) 'memorial' to the ITLOS.
• In a Note Verbale to the PCA on 1 August 2013, China reiterated "its position that it does not
accept the arbitration initiated by the Philippines."
• In December 2014, China published a "Position Paper on the Matter of Jurisdiction in the
South China Sea Arbitration Initiated by the Republic of the Philippines"
• On 21 June 2013, the President of the International Tribunal for the Law of the Sea, Judge
Shunji Yanai, appointed Mr Thomas A. Mensah (Ghana) as arbitrator and president in the
arbitral proceedings instituted by the Republic of the Philippines against the People's Republic
of China under Annex VII to the United Nations Convention on the Law of the Sea on 22
January 2013.

FIVE-MEMBER TRIBUNAL
JUDGE JEAN-PIERRE COT
JUDGE STANISLAW PAWLAK
JUDGE THOMAS A. MENSAH (PRESIDENT)
PROFESSOR ALFRED H. A. SOONS
JUDGE RÜDIGER WOLFRUM

• Its China's view that the Arbitral Tribunal lacks jurisdiction to consider the Philippines'
submissions.
• On 16 December 2014, the Arbitral Tribunal took note of the fact that China had not submitted
a Counter Memorial and requested further written argument from the Philippines on certain
issues raised in the Philippines' Memorial.

• The Permanent Court of Arbitration (PCA) at The Hague, Netherlands, on October 29, 2015
rejected China's strongest argument against the Philippines.

Historic rights and the “nine-dash line”

China had historic rights to resources in the waters of the South China Sea
• But such rights were extinguished to the extent they were incompatible with the exclusive
economic zones provided for in the Convention.

• There was no evidence that China had historically exercised exclusive control over the waters
or their resources.
• The Tribunal concluded that there was no legal basis for China to claim historic rights to
resources within the sea areas falling within the 'nine dash line'.
Status of features
• The reefs have been heavily modified by land reclamation and construction, recalled that the
Convention classifies features on their natural condition, and relied on historical materials in
evaluating the features.
• Certain sea areas are within the exclusive economic zone of the Philippines, because those
areas are not overlapped by any possible entitlement of China.

Lawfulness of chinese actions

● Certain areas are within the exclusive economic zone of the Philippines, the Tribunal found
that China had violated the Philippines' sovereign rights in its exclusive economic zone by
(a) interfering with Philippine fishing and petroleum exploration,
(b) constructing artificial islands and
(c) failing to prevent Chinese fishermen from fishing in the zone.

• The Tribunal also held that fishermen from the Philippines (like those from China) had
traditional fishing rights at Scarborough Shoal and that China had interfered with these rights in
restricting access.
• The Tribunal further held that Chinese law enforcement vessels had unlawfully created a
serious risk of collision when they physically obstructed Philippine vessels.

Harm to marine Environment

• China had caused severe harm to the coral reef and violated its environment obligation to
preserve and protect fragile ecosystems and the habitat of depleted, threatened, or endangered
species.
●Chinese authorities were aware that Chinese fishermen have harvested endangered sea
turtles, coral, and giant clams on a substantial scale in the South China Sea
• using methods that inflict severe damage on the coral reef environment and had not fulfilled
their obligations to stop such activities

Aggravation of Dispute
It lacked jurisdiction to consider the implications of a stand-off between Philippine marines and
Chinese naval and law enforcement vessels at Second Thomas Shoal, holding that this dispute
involved military activities and was therefore excluded from compulsory settlement.

How to enforce the victory over china

• But while the UNCLOS tribunal ruled China's overreach unlawful, the court has no
enforcement arm.
• China refused to take part in the legal proceedings, rejected the ruling, and, for good measure,
flew a nuclear capable bomber over Scarborough Shoal afterward, which the Chinese
coast-guard vessels wrested from the Philippine Navy six years ago, precipitating the dispute.

• Manila must show people what China is doing and, in the case of fellow Asian powers, remind
them they may be next if China gets away with grabbing something just because it can.
• Manila must likewise aim its opinion-shaping efforts at current and prospective partners.
• It has no military option of its own.
• After all, the Philippine Navy is centered on three elderly U.S. Coast Guard cutters painted
gray and renamed frigates.
• China's navy would make short work of them in battle.
VFA - Visiting Forces Agreement
• A mutual defense treaty has bound the United States to the Philippine Islands since 1951.
• The pact obliges America to defend not just the main islands but "island territories under
[Manila's] jurisdiction."
• Washington has inched closer and closer to declaring that the treaty applies to offshore islands
and atolls, as well as underwater features such as Scarborough Shoal.

3. Government
- It is the agency or instrumentality through which the will of the State is
formulated, expressed and realized.

Forms of government
Monarchy - It is one in which the supreme authority is in the hands of a single person.
Monarchies are classified into :
• Absolute monarchy - one in which the ruler rules by divine right;
Limited monarchy - one in which the ruler governs in accordance with a constitution.
- The monarch has no absolute control of the government.

Aristocracy - one in which political power is exercised by a few privileged individuals known as
aristocrats Oligarchy is a form of Aristocracy but the basis of leadership is the wealth of the
rulers

Democracy - the political power is exercised by a majority of the people.

- - Derived from the Greek words :
demos - masses
kratia- to rule
"A government of the people, for the people and by the people."

Types of Democracy
Direct or pure democracy
● It is one in which the will of the State is formulated or expressed directly through the people in
a mass meeting or assembly
● Indirect, representative or republican democracy - one in which the will of the State is
formulated through a relatively small and select body of persons chosen by the people to act as
their representatives.

Unitary - the control of national and local affairs is exercised by the national government.
Federal - the power of the government is divided between two agencies, one for national affairs
and the other for local affairs, each organ being supreme within its own jurisdiction.

● Parliamentary - the State confers upon the legislature the power to terminate the tenure of the
executive.
• Under this system, the Cabinet or Ministry is immediately and legally responsible to the
legislature and politically responsible to the electorate.

Presidential - where the executive is independent of the legislative as to tenure, policies and
acts.
The president and the members of the legislative department are directly elected by the people

De Jure - the administration may or may not have the support of the people but it is founded on
existing constitutional laws of the State.
De Facto - is founded not on existing constitutional laws of the State but it has the support of the
majority of the people.

4. Sovereignty
- It is the supreme power of the state to enforce its will on its members within its
jurisdiction and to have freedom from foreign control.

Parts of a constitution

Constitution of Government - those provisions which set up the governmental structure.

Art. II, Sec. 1; Articles VI, VII, VIII, IX, X

● Constitution of Liberty - the provisions which guarantee individual fundamental liberties

against governmental abuse.
Articles III, IV, XII, XIII, XIV, XV

● Constitution of Sovereignty - those provisions which outline the process whereby the
sovereign people may change the constitution.
Article II, Sec. 1; Articles V, XI, XVII

Preamble
● The term preamble is derived from the Latin word "preambulare" meaning to walk before.
• It is the introduction to the main subject, or the prologue.

Preamble of the 1987 constitution

"We, the sovereign Filipino people, imploring the aid of the 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 to secure to ourselves
and our posterity the blessings of independence and democracy under the rule of law and
regime of truth, justice, freedom, love, equality and peace, do ordain and promulgate this
Constitution "

Article 1 - 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 seas,
the seabed, the subsoil, the insular shelves, and other submarine areas.
The water 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

Section 1. The Philippines democratic and is a republican State. Sovereignty resides in the
people and all government authority emanates from them.

• Doctrine of Incorporation
International laws are adopted as part of the state's municipal laws
• 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 supreme 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. is at all times, over the

● 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 fulfilment thereof, all
citizens may be required, under conditions provided by law, to render personal military or civil
service.

NSTP
Republic Act No. 9163 - January 23, 2002
• National Service Training Program shall form part of the curricula of all baccalaureate degree
courses and of at least two (2)-year technical vocational courses and is a requisite for
graduation, consisting of the following service components :
• (1) The Reserve Officers' Training Corps (ROTC), which is hereby made option and voluntary
upon the effectivity of this Act;
(2) The Literacy Training Service; and
• (3) The Civic Welfare Training Service

• Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and
the promotion of the general welfare are essential for the enjoyment by all the people of the
blessings of democracy.
. Section 6. The separation of Church and State shall be inviolable.
• And He said to them, "Render therefore to Caesar the things that are Caesar's, and to God the
things that are God's." (Matthew 22:21)

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.

Social justice
Social justice is neither commúnism, nor despotism, nor atomism, nor anarchy,”but, the
humanization of laws and the equalization of social and economic force by the State so that
justice in its rational and objectively secular conception may at least be approximated.
• Social justice means the promotion of the welfare of all the people... on the time honored
principle of salus populi est suprema lex. - Calalang vs. Williams, December 2, 1940

• 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.

R.A. 10354 RH Law

• The family is the natural fundamental unit of and society.
• The State shall likewise protect and advance the right of families in particular and the people in
general to a balanced and healthful environment in accord with the rhythm and harmony of
nature.

State policies
• 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.

A La Juventud Filipina por Jose Rizal

●Alza su tersa frente,
●Juventud Filipina, en este día!
● Luce resplandeciente
● Tu rica gallardía,
●Bella esperanza de la Patria Mia!

To The Filipino Youth by Jose Rizal

• Hold high the brow serene,
•O youth, where now you stand;
• Let the bright sheen
•Of your grace be seen,
•Fair hope of my fatherland!

Philosophical Foundation
John Locke 1632-1704
● The mind of the child at birth is like a "tabula rasa", or a blank tablet and experiences will be
the ones to write on that tablet.

Biblical Foundation
• Train up the child in the way he should go and when he is old he will not depart from it.
-(Proverbs 22 : 6)

Republic Act 7610 The Anti Child Abuse Law

● Child abuse
● Refers to the maltreatment of the child whether habitual or not

Children
• Refers to person below eighteen (18) years of age
• or those over 18 years old but are unable to fully take care of themselves or protect
themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or
mental disability or condition - Section 3, Republic Act 7610 (1992)

Law on Juvenile Justice

•Republic Act 9344 also known as the Juvenile Justice and Welfare Act of 2006 is the first law
that protects the rights of children in conflict with the law (CICL).
• This provides them the opportunity and chance, thru alternative child friendly measures, to
reform and be reintegrated into their family and community as a productive member of society.

Child in conflict with the law (CICL)

• refers to a child who is alleged as, accused of, or adjudged as, having committed an offense
under philippine laws. (Sec. 4(e), RA 9344)

What happen to CICL who commit heinous crimes such as rape or murder?
• a. For those who are 15 years old and below and those above 15 years old but below 18 who
acted without discernment
they will undergo an intervention program
.b. For those above 15 years old and who acted with discernment
• If the offense committed has an imposable penalty of more than six years of imprisonment (as
in cases of rape or murder), the law provides that the child shall undergo court proceedings.
• When brought to court, the child may be placed under suspended sentence and be subjected
to rehabilitation programs.
• In no instance shall the CICL be put in jail.

State Policies
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.

Sexual Harrasment
● Is the use of explicit or implicit sexual overtones, including the unwelcome or inappropriate
promise of rewards in exchange for sexual favors. (Michele Paludi, Definitions and Incidence of
Academic and Workplace Sexual Harassment)

●Republic Act No. 7877 The Anti Sexual Harassment Law (February 14, 1995)
• Prohibits all forms of sexual harassment in the
• Workplace Education or Training environment.
●Sexual harassment in the work place is committed when the sexual favor is made as a
condition for employment, promotion, continued employment and other privileges.

Sexual Harrasment in education or Training environment

● Against one who is under the care or custody or supervision of the offender;
• When the sexual favor is made a condition to the giving of a passing grade, or the granting of
honors and scholarships or the payment of a stipend, allowance or other benefits privilege or
considerations; or
• When the sexual advances result in an intimidating, hostile or offensive environment for the
student, trainee or apprentice.

Penalties
● Imprisonment of not less than one (1) month nor more than six (6) months,
• or a fine of not less than ten thousand pesos (P10,000) nor more than twenty thousand pesos
(P20,000), • or both such fine and imprisonment at the discretion of the court.
• Any action arising from the violation of the provisions of this law shall be prescribed in three
years.

Bawal Bastos Law - R.A. 11313

1st Degree Offenses - Sec. 11a, R.A. 11313

• Cursing
• Catcalling
• Wolf-whistling
• Leering and intrusive gazing
• Taunting and unwanted invitations
• Misogynistic, transphobic, homophobic, and sexist slurs
• Persistent and unwanted comments on one’s appearance
• Relentless requests for personal details such as names, contacts, and social media details, or
destination

Duties of Employers (Sec. 17)

• Employers and other persons of authority, influence or moral ascendancy in a workplace shall
have the duty to prevent, deter, or punish the performance of acts of gender-based sexual
harassment in the workplace.

Liabilities of Employers (Sec. 19)

• Employers may be held liable for non-implementation of their duties under Sec. 17.
• Fine P5,000 - P15,000

Magna Carta of Women Republic Act no. 9710

• Decreed in the Bible itself is the universal norm that women should be regarded with love and
respect but, through the ages, men have responded to that injunction with indifference, on the
hubristic conceit that women constitute the inferior sex. - (Philippine Telegraph and Telephone
Company vs. NLRC, May 23, 1997)

Elimination of Discrimination in Education, Scholarship, and Training

● (c) Expulsion and non-readmission of women faculty, due to pregnancy outside of marriage
shall be outlawed. (Section 13)

Leus vs. St. Scholastica’s College Westgrove, January 28, 2015

Pregnancy out of wedlock is not a disgraceful or immoral conduct since she and the father of
her child have no impediment to marry each other.
• To stress, pre-marital sexual relations between two consenting adults who have no impediment
to marry each ... does not amount to a disgraceful or immoral conduct under Section 94(e) of
the 1992 MRPS

● No school shall turn out or refuse admission to a female student, solely on the account of her
having contracted pregnancy outside of marriage during her term in school. (Section 13)

Special leave benefits for woman

• A woman employee having rendered continuous aggregate employment service of at least six
(6) months for the last twelve (12) months shall be entitled to a special leave benefit of two (2)
months with full pay based on her gross monthly compensation following surgery caused by
gynecological disorders. (Section 18)

D.O. No. 112-11

• March 11, 2011
 • Special leave benefits for women refers to a female employee's leave entitlement of two (2)
months with full pay from her employer based on her gross monthly compensation following
surgery caused by gynecological disorders, provided that she has rendered continuous
aggregate employment service of at least six (6) months for the last 12 months;
• This is in addition to existing leave privileges [Section 1(a)]

CSC - M.C. No. 25, s. 2010

● December 1, 2010
Special leave benefits for women refers to a female employee's leave entitlement of two (2)
months with full pay based on her gross monthly compensation following surgery caused by
gynecological disorders, provided that she has rendered continuous aggregate employment
service of at least six (6) months for the last 12 months :
Non - cumulative and not convertible to cash.

Gynecological Disorders
• Refers to disorders that would require surgical procedures such as, but not limited to dilation
curretage and those involving female reproductive organs such as the vagina, uterus, fallopian
tubes, ovaries, breasts, adnexa and pelvic floor, as certified by a competent physician.
• For purposes of this Act, gynecological surgeries shall also include hysterectomy, ovariectomy,
and mastectomy. Sec. 1(b) DO 112-11

Nondiscriminatory and non derogatory portrayal of women in media and film

• The State shall formulate policies and programs for the advancement of women in
collaboration with government and nongovernment media related organizations.
• It shall likewise endeavor to raise the consciousness of the general public in recognizing the
dignity of women and the role and contribution of women in the family, community, and the
society, through the strategic use of mass media.

Equal rights on matters relating marriage and family relations

● The State shall take all appropriate measures to eliminate discrimination against women in all
matters relating to marriage and family relations

Maternity leaves benefits Under R.A. No. 11210

• All covered female workers in government and the private sector, including those in the
informal economy, regardless of the civil status or the legitimacy of her child,
• shall be granted one hundred five (105) days maternity leave with full pay and
• an option to extend for an additional thirty (30) days without pay.
• Under Republic Act No. 8972 or the "Solo Parent Welfare Act" the worker shall be granted an
additional fifteen (15) days maternity leave with full pay.
• Total - 120 days paid leave
• an option to extend for an additional thirty (30) days without pay.

Miscarriage
For cases of miscarriage or emergency termination of pregnancy, sixty (60) days maternity
leave with full pay shall be granted.

Unlimited Pregnancy
•Maternity leave shall be granted to female workers in every instance of pregnancy, miscarriage
or emergency termination of pregnancy regardless of frequency.

Allocations of maternity leave credits (section 6)

● Any female worker entitled to maternity leave benefits as provided herein may, at her option,
allocate up to 7 days of said benefit to the child's father whether or not the same is married to
the female worker.
•a written notice is provided to the employers of the female worker and the alternate caregiver
This benefit is over and above the provisions of R.A. 8187 (Paternity Leave);
● In case of death, absence or incapacity of the former the benefit may be allocated to
•an alternate caregiver who may be a relative within the 4th degree of consanguinity or
•the current partner of the female worker sharing the same household upon the election of the
mother taking into account the best interest of the child :
● If the female worker dies or is permanently incapacitated
• the balance of her maternity leave benefits shall accrue to the father of the child or to a
qualified caregiver as provided above.

Republic Act no. 8187

Paternity leave Act of 1996
benefit granted to a legally married male employee who is cohabiting with his legal wife allowing
him not to report for work for seven (7) days for each delivery for the first 4 deliveries
• continues to earn the compensation
• his spouse has delivered a child or suffered miscarriage if paternity leave is not availed of, it is
not convertible to cash.

Republic Act 9262

Anti violence against women and their children act of 2004
The law seeks to protect and value the dignity of women and children and guarantees full
respect for human rights women and their children from violence and threats to their personal
safety and security.

violence against women and their children

Refers to any act or a series of acts committed by any person against a woman who is his
•wife,
• former wife,
• or against a woman with whom the person has or had a sexual or dating relationship,
• or with whom he has a common child, or against her child whether legitimate or illegitimate.
- (Section 3, Republic Act No. 9262)~

Forms of punishable violence and abuses

Physical
• Sexual
● Psychological harm or suffering
●Economic abuse including threats of such acts
● Battery
• Assault
• Coercion
• Harassment
● Arbitrary deprivation of liberty
●Stalking

Battery
●Battery refers to an act of inflicting physical harm upon the woman or her child resulting to the
physical and psychological or emotional distress.

Battered woman syndrome

●Battered Woman Syndrome refers to a scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering relationships as a result of cumulative
abuse.

Battered woman syndrome as a defense

●Victim-survivors who are found by the courts to be suffering from battered woman syndrome
do not incur any criminal and civil liability notwithstanding the absence of any of the elements for
justifying circumstances of self defense under the Revised Penal Code. - (Section 26, Republic
Act No. 9262)
• In the determination of the state of mind of the woman who was suffering from battered woman
syndrome at the time of the commission of the crime, the courts shall be assisted by expert
psychiatrists/ psychologists. - (Section 26, Republic Act No. 9262)

Prescription period and penalty

Penalty of imprisonment - 1 month to 12 years
Prescription period 10-20 years

People vs genosa, january 15, 2004

• More graphically, the battered woman syndrome is characterized by the so called "cycle of
violence," which has three phases :

● (1) the tension-building phase;

● (2) the acute battering incident; and
• (3) the tranquil, loving (or, at least, nonviolent) phase.

10 days VAWC leave

• Under Section 43 of RA 9262, victims under the said law shall be entitled to take a paid leave
of absence up to ten (10) days in addition to other paid leaves under the Labor Code
• extendible when the necessity arises as specified in the protection order.

RA 10028, Sec. 11
Establishment of Lactation Station
• It is hereby mandated that all health and non-health facilities, establishments or institutions
shall establish lactation stations.
• The lactation stations shall be adequately provided with the necessary equipment and facilities
• The lactation station shall not be located in the toilet.

Article III - Bill of Rights

•The Bill of Rights may be defined as a declaration and enumeration of the individual rights and
privileges which the Constitution is designed to protect against violations by the government or
by individuals or groups of individuals.
• It is a charter of liberties for the individual and a limitation upon the power of the state.

Classification of rights
● Natural Rights - refer to the rights possessed by every citizen without being granted by the
State for they are conferred upon by God to human beings so that he may live a fulfilled life.
1 Example : the right to live; the right to love.
● Constitutional Rights Pertain to the rights which are conferred and protected by the
Constitution. They cannot be modified or taken away by the lawmaking body.
● Statutory Rights - These are the rights provided by laws promulgated by the lawmaking body
and may be abolished by the same body.

Classification of constitutional rights

●Political Rights - They are the rights of the citizens which give them the power to participate
directly or indirectly, in the establishment or administration of the government.
- Examples : right of citizenship; suffrage.
●Civil Rights - They are the rights which the law will enforce at the instance of private individuals
for the purpose of securing them the enjoyment of their means of happiness.
● Social and economic rights - These are rights which are intended to insure the well-being and
economic security of the individual.
●Rights of the Accused - They are the rights intended for the protection of a person accused of
any crime.

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 of the equal protection of the laws.

Life
That state of animals, plants and humans or of an organized being, in which its natural functions
and motions are performed, or in which its organs are capable of performing their functions.
-Black's Law Dictionary, 1990
Due process of law
● By the law of the land is most clearly intended the general law;
• a law which hears before it condemns; which proceeds upon inquiry, and renders judgment
only after trial.
• Daniel Webster (1782-1852) American lawyer and statesman,
Trustees of Dartmouth College v. Woodward. 17 US 518 (1819)

Equal protection
• Under the equal protection clause, all persons or things similarly situated must be treated
alike, both in the privileges conferred and the obligations imposed.
• Conversely, all persons or things differently situated should be treated differently. (Drugstores
Association of the Phils. vs. National Council on Disability Affairs, Sept. 14, 2016)

Article III, 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.

Requisites of Valid Warrant

●(1) probable cause is present;
●(2) such presence is determined personally by the judge;
●(3) the complainant and the witnesses he or she may produce are personally examined by the
judge, in writing and under oath or affirmation;
●(4) the applicant and the witnesses testify on facts personally known to them; and
●(5) the warrant specifically describes the person and place to be searched and the things to be
seized (Nala vs. Barroso, August 7, 2003)

Not all checkpoints are illegal

• For as long as the vehicle is neither searched
• nor its occupants subjected to a body search, and the inspection of the vehicle is limited to a
visual search,
• said routine checks cannot be regarded as violative of an individual's right against
unreasonable search. • In fact, these routine checks, when conducted in a fixed area, are even
less intrusive. - People of the Philippines vs. Escaño, January 28, 2000

What a Philippine national police checkpoint should look like

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.

Right to privacy
● The right to privacy is one of the most threatened rights of man living in a mass society.
● The threats emanate from various sources- governments, journalists, employers, social
scientists, etc.
● Ople vs. Torres, July 23, 1998

Zulueta vs. Court of appeals, February 20, 1996

• A person, by contracting marriage, does not shed his/her integrity or his right to privacy as an
individual and the constitutional protection is ever available to him or to her.

Data privacy act

Republic act no. 10173
• The right of an individual
• not to have private information about himself disclosed, and
• to live freely from surveillance and intrusion.

Republic Act No. 11055

National ID system
• What is the Philippine Identification System or PhilSys?
• It's a system that centralizes all personal information of Filipino citizens and resident aliens and
generates a Philippine ID (PhillD) and PhilSys Number (PSN) that will be used to authenticate
their identity in all government and private sector transactions.
• This includes applications for drivers' license, passport, tax-related transactions, voters'
registration, application to schools, and bank transactions.

National ID system not a violation of right to privacy

• The right to privacy does not bar the adoption of reasonable ID systems by government
entities.
• EO 420 applies only to government entities that issue ID cards as part of their functions under
existing laws..
• Examples of these government entities are the GSIS, SSS, Philhealth, Mayor's Office, LTO,
PRC, and similar government entities. .
• KMU vs. The Director General, NEDA, April 19, 2006

Article III, Section 4

1987 Constitution
● 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.

Nature and scope of freedoms of speech and of the press

• This embodies the essence and spirit of freedom of speech and of expression in a free and
democratic society.

Libel
● A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or
any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or
contempt of a natural or juridical person, or to blacken the memory of one who is dead. - Article
353, Revised Penal Code

Republic act no. 10175

● Cybercrime Prevention Act of 2012
● September 12, 2012
● Cyber refers to a computer or a computer network, the electronic medium in which online
communication takes place.

Penalty for Libel Under Section 6, Republic act no. 10175

● The penalty to be imposed shall be one (1) degree higher than that provided for by the
Revised Penal Code, as amended, and special laws, as the case may be.
• Prision mayor (six years and one day to 12 years)
Vivares vs. St. Theresa’s college, september 29, 2014
Therefore, a Facebook user who opts to make use of a privacy tool to grant or deny access to
his or her post or profile detail should not be denied the informational privacy right which
necessarily accompanies said choice.
• But such privacy may not be absolute.

Article III, Section 5

● 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.

Rights guaranteed
• 1. Liberty of abode which is the constitutional right to choose and change one's residence
● 2. Right to travel is the freedom of locomotion or movement in and out of the country.

Related laws
● PD 772 - Anti Squatting Law - imprisonment 6 months - one year or fine P1000-P5000
● R. A. 8368 - Anti-Squatting Law Repeal Act of 1997
● R. A. 7279 - Urban Development and Housing Act of 1992
● Eviction or demolition as a practice shall be discouraged
● Notice of eviction and relocation
● If relocation not be possible
● financial assistance equivalent to the prevailing minimum daily wage multiplied by sixty (60)
days shall be extended to the affected families by the local government unit concerned

Article III, 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.

Rights Guaranteed
1. Right to information on matters of public concern
2. Right of access to official records and documents

Executive order No. 2

Freedom of information
●July 23, 2016
●Coverage (Section 2)
●all government offices under the Executive Branch
●national government and all its offices, departments, bureaus, offices, and instrumentalities,
●government-owned or -controlled corporations,
●state universities and colleges.
●Local government units (LGUs) are encouraged to observe and be guided by this Order.

Article III, 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.

The right to form unions does not carry with it the right to strike
• The ability to strike is not essential to the right of association.
• In the absence of statute, public employees do not have the right to engage in concerted work
stoppages for any purpose.
- Bangalisan, et. al vs. Court of Appeals, July 31, 1997

GSIS vs kapisanan ng mga manggagawa sa GSIS, December 6, 2006

•Any collective activity undertaken by government employees with the intent of effecting work
stoppage or service disruption in order to realize their demands or force concessions, economic
or otherwise, is a prohibited concerted mass action and doubtless actionable administratively.
• In the absence of statute, public employees do not have the right to engage in concerted work
stoppages for any purpose

Article III, Section 9

● Private property shall not be taken for public use without just compensation

Eminent Domain
• Eminent domain, also often referred to as expropriation and, with less frequency, as
condemnation, is, like police power and taxation, an inherent power of sovereignty. - Court of
Appeals, G.R. No. 106440, January 29, 1996)

Fair Market Value

• Fair market value is the price that may be agreed by the parties who are willing but not
compelled to enter into a contract of sale - Republic of the Philippines vs. Ker and Company
Limited, July 2, 2002

Article III, Section 10

● No law impairing the obligation of contracts shall be passed.

Contract
● A contract meeting between two persons whereby one binds himself, with respect to the other,
to give something or to render some service. is a of minds - Article 1305, Civil Code

Impairment
● Impairment means diminishing in quality, value, excellence or strength.
• Not every change that affects contract constitutes an impairment - Beaumont vs. Faubus, 239
Ark. 801, 394 S. W. 2d 478, 482

Article III, Section 11

● Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be
denied to any person by reason of poverty.

The PAO
● The PAO shall be the principal law office of the government in extending free legal assistance
to indigent persons in criminal, civil, labor, administrative and other quasi-judicial cases. -
Section 2, Republic Act No. 9406

Pauper litigants section 18, RA 9406

• a) whose gross income and that of their immediate family do not exceed four thousand
(P4,000.00) pesos a month if residing in Metro Manila, and three thousand (P3,000.00) pesos a
month if residing outside Metro Manila
• b) who do not own real property with an assessed value of more than fifty thousand
(P50,000.00) pesos shall be exempt from the payment of legal fees.

Article III, Section 12

• (1) Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel preferably
of his own choice.
• If the person cannot afford the services of counsel, he must be provided with one.
• These rights cannot be waived except in writing and in the presence of counsel.

Miranda Rights (Miranda v. Arizona)

• In 1963, Ernesto Miranda was arrested in Phoenix, Arizona for stealing $8 from a bank worker
and charged with armed robbery.
• While in police custody he signed a written confession to the robbery, and to kidnapping and
raping an 18-year-old woman 11 days before the robbery.
• After the conviction, his lawyers appealed, on the grounds that Miranda did not know he was
protected from self-incrimination.

•(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against him. Secret detention places, solitary, incommunicado, or other similar
forms of detention are prohibited.
•(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
•(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to the rehabilitation of victims of torture or similar practices, and their families.

Physical and Psychological torture are prohibited

• Physical torture, force, and violence are a severe invasion of bodily integrity.
• When employed to vitiate the free will such as to force the victim to admit, reveal or fabricate
incriminating information, it constitutes an invasion of both bodily and psychological integrity as
the dignity of the human person includes the exercise of free will. - Secretary of National
Defense vs. Manalo, G.R. No. 180906, October 7, 2008

Article III, Section 13

•All persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The right to bail shall not be impaired
even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be
required.

Bail
● Bail is a security given for the release of a person in custody of law, furnished by him or a
bondsman, to guarantee his appearance before any court as required under conditions
hereinafter specified.
●Bail may be given in the form of corporate surety, property bond, cash deposit or
recognizance. - Section 1, Rule 114, Revised Rules of Criminal Procedure

Recognizance
● Whenever allowed by law or these Rules, the court may release a person in custody on his
own recognizance or that of a responsible person. - Section 15, Rule 114, Revised Rules of
Criminal Procedure

Article III, Section 14

(1) No person shall be held to answer for a criminal offense without due process of law.
(2) 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.

Quantum of proof for conviction - proof beyond reasonable doubt

• Proof beyond reasonable doubt is needed to overcome the presumption of innocence
• Accused-appellant's guilt must be proved beyond reasonable doubt .
• Courts should be guided by the principle that it would be better to set free ten men who might
be probably guilty of the crime charged than to convict one innocent man for a crime he did not
commit.
People of the Philippines vs. Capili, June 8, 2000

Accusation is not synonymous with guilt

• Accusation is not, according to the fundamental law, synonymous with guilt. .
●It is incumbent on the prosecution to demonstrate that culpability lies.
● Appellants were not even called upon then to offer evidence on their behalf.
 ●People vs. Garcia and Torrejas, November 4, 1992

Article III, Section 14

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 unjustifiable.

Trial in absentia should come after arraignment

●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.
• Without the accused having been arraigned, it becomes academic to discuss the applicability
of this exception to the basic constitutional right that the accused should be heard by himself
and counsel.
• Borja vs. Mendoza, June 20, 1977

Article III, Section 15

•The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion
or rebellion, when the public safety requires it.

writ of habeas corpus

• It is an order by a competent court directing a person detaining another requiring the former to
produce the body of the detainee at a designated time and place and show cause and explain
the reason for such detention.
• It is the best and sufficient remedy by judicial decree, to secure the freedom of an illegally
detained person.
• Caballes vs. Court of Appeals, 452 SCRA 312

Writ of amparo
• It is a remedy available to any person whose right to life, liberty, and security has been violated
or is threatened with violation by an unlawful act or omission of a public official or employee, or
of a private individual or entity.
• The writ covers extralegal killings and enforced disappearances or threats thereof.
• The writ shall cover extralegal killings and enforced disappearances or threats thereof

Writ of habeas data

• The writ of habeas data is a remedy available to any person whose right to privacy in life,
liberty or security is violated or threatened by an unlawful act or omission of a public official or
employee, or of a private individual or entity engaged in the gathering, collecting or storing of
data or information regarding the person, family, home and correspondence of the aggrieved
party.

Article III, Section 16

• All persons shall have the right to a speedy disposition of their cases before all judicial, quasi
judicial, or administrative bodies.
Periods to decide cases
All cases or matters filed after the effectivity of this Constitution must be decided or resolved
within 24 months from date of submission for the Supreme Court, and,
• 12 months for all lower collegiate courts, and
• 3 months for all other lower courts. [Article VIII, Sec. 1(1)]]

Responsibility of judges in minimizing delay

• This Court has constantly impressed upon judges the need to act promptly on their cases.
• Delay in the disposition of cases erodes the faith and confidence of our people in the judiciary,
lowers its standards, and brings it into disrepute.
• In the light of the numerous and unreasonable delays in the arraignment of petitioner, the
sought for dismissal of the Information filed against him is in order.
• Lumanlaw vs. Judge Peralta, February 13, 2006

Article III, Section 17

• No person shall be compelled to be a witness against himself.

Self Incrimination
•Self-incrimination acts or declarations refers to either as testimony at trial or prior to trial by
which one implicates himself in a crime.
•It is the burden of the government to accuse and to carry the burden of proof of guilt.
•The defendant cannot be compelled to aid the government in this regard.
• Black's Law Dictionary, 6th ed. P.1360

Privileged information - Section 3(k), RA 10173

Article III, Section 18

(1) No person shall be detained solely by reason of his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof
the party shall have been duly convicted.

The anti subversion law is not repealed

• The repeal by said law of R.A. No. 1700, as amended, was categorical, definite and absolute.
There was no saving clause in the repeal.
• The legislative intent of totally abrogating the old anti-subversion law is clear.
• With the enactment of R.A. No. 7636, the charge of subversion against the accused-private
respondent has no more legal basis and should be dismissed.
•People vs. Pimentel, April 1, 1998

Involuntary servitude
●Involuntary servitude denotes a condition of enforced, compulsory service of one to another or
the condition of one who is compelled by force, coercion, or imprisonment, and against his will,
to labor for another, whether he is paid or not
● Aclaracion vs. Gatmaitan, May 26, 1975
Article III, Section 19
● (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted.
● Neither shall death penalty be imposed, unless, for compelling reasons involving heinous
crimes, the Congress hereafter provides for it.
● Any death penalty already imposed shall be reduced to reclusion perpetua.
● (2) The employment of physical, psychological, or degrading punishment against any prisoner
or detainee or the use of substandard or inadequate penal facilities under subhuman conditions
shall be dealt with by law.

Life Imprisonment Reclusion Perpetua

A sentence for a crime that is covered by a A sentence for a crime that is under the Revised
Special Penal Law Penal Code

Duration is indefinite Duration is 20 to 40 years

No accessory penalties Comes with accessory penalties

No details on pardon specified Convicts become eligible for pardon after 30

years

Pardon after 30 years in prison

●Article 27. Revised Penal Code
● Reclusion perpetua. - Any person sentenced to any of the perpetual penalties shall be
pardoned after undergoing the penalty for thirty years, unless such person by reason of his
conduct or some other serious cause shall be considered by the Chief Executive as unworthy of
pardon.

Maximum of 40 years in prison

•Article 70 - Revised Penal Code
•Such maximum period shall in no case exceed forty years.

Republic Act No. 9346 has retroactive effect

• The aforequoted provision of R.A. No. 9346 is applicable in this case pursuant to the principle
in criminal law, favorabilia sunt amplianda adiosa restrigenda.
• Penal laws which are favorable to accused are given retroactive effect.
• This principle is embodied under Article 22 of the Revised Penal Code.
• People vs. Tinsay, September 22, 2008

Article III, Section 20

● No person shall be imprisoned for debt or non-payment of a poll tax.
Debt
● Debt is an amount of money borrowed by one party from another.
● It is an obligation that requires the debtor, to pay money or other agreed-upon value to the
creditor.

Batas pambansa Blg. 22

● April 3, 1979
● Any person who makes or draws and issues any check
● knowing at the time of issue that he does not have sufficient funds with the drawee bank for
the payment of such check in full upon its presentment,
● dishonored for the same reason had not the drawer, without any valid reason, ordered the
bank to stop payment,
● imprisonment of not less than thirty days but not more than one (1) year
● or by a fine of not less than but not more than double the amount of the check which fine shall
in no case exceed Two Hundred Thousand Pesos, or both such fine and imprisonment at the
discretion of the court.

Poll Tax
● A poll tax, also known as head tax or capitation, is a tax levied as a fixed sum on every liable
individual. ● Community tax or residence tax is an example of poll tax.
● As far as poll tax is concerned, non-payment is not punished by the government in
consideration of the plight of the poor who cannot even afford to pay it.
● Poverty could never be a reason for a person's imprisonment.

Article III, Section 21

● 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.

Double Jeopardy
● Jeopardy means danger or peril

Article III, Section 22

● No ex post facto law or bill of attainder shall be enacted.

Ex post facto law

• Latin - "from after the action" or "after the facts"
• a law that operates retroactively
• a law that increases the penalty after the commission of an offense
• A law may be given retroactive effect if it is favourable to the accused or it is merely a
procedural law.

Bill of attainder
• also known as an act of or writ of or bill of pains attainder attainder and penalties
• is an act of a legislature declaring a person or group of persons guilty of some crime and
punishing them without a trial.

Article IV - citizenship
● Citizenship denotes membership of a permanent character in a political community.
● A citizen of a state is one who owes allegiance to it and is correspondingly entitled to its
protection.

The following are citizens

Article IV, Section 1
[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 born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship
upon reaching the age of majority; and
[4] Those who are naturalized in accordance with law.

Methods of acquiring citizenship

By Birth
- Jus Sanguinis - Blood relationship is the basis for the acquisition under this rule. The
children follow the citizenship of the parents or one of them.
- Jus Soli or Jus Loci - Place of birth serves as the basis for acquiring citizenship under
this rule.
Naturalization
- Judicial process
- Legislative process
- Administrative process

Natural Born Citizens

• Natural-born citizens are those who are citizens of the Philippines from birth without having to
perform any act to acquire or perfect their Philippine citizenship.
• Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall
be deemed natural-born citizens.

Citizenship by Naturalization
● Judicial process - Commonwealth Act No. 473
● Administrative process - R.A. No. 9139
● Legislative process
- R.A.10636- Andray Blatche
- R.A.10148 - Marcus Douthit

Nota Bene
● Citizen - a member of a democratic state.
• Subject - a member of a monarchial state.
Article V - Suffrage
• Suffrage is the right and obligation to vote for qualified citizens in the election of certain
national and local officers of the government and in the decision of public questions submitted to
the people

Scope of suffrage
● Election - a political exercise whereby the sovereign people choose a candidate to fill up an
elective government position.
● Plebiscite - a political right of the sovereign people to ratify or reject constitutional
amendments laws. or proposed
● Referendum - is the right reserved to the people to adopt or reject any act or measure which
has been passed by a legislative body and which in most cases would without action on the part
of the electors become a law.
● Initiative - is the power of the people to propose bills and laws, and to enact or reject them at
the polls, independent of the legislative assembly
● Recall - is a system by which an elective official is removed by popular vote before the end of
his term (RA 7160 and RA 9244)

Persons Disqualified to vote

● Any person who has been sentenced by final judgment suffer imprisonment for not less than
one year, such disability not having been removed by plenary pardon or granted amnesty.
• But such person shall automatically reacquire the right to vote upon expiration of five years
after service of sentence.
• Any person who has been adjudged by final judgment by competent court or tribunal of having
committed any crime involving disloyalty to the duly constituted government such as
- rebellion,
- sedition,
- Violations of the firearms laws,
- or any crime against national security, unless restored to his full civil and political rights in
accordance with law.
• such person shall likewise automatically regain his right to vote upon expiration of five years
after service of sentence.
• Insane or incompetent persons as declared by competent authority.

Article VI
Legislative Department
Legislative power is the authority under the Constitution to make laws and to alter and repeal
them.

Legislative power
• is vested in :
• The Congress of the Philippines, which consists of a Senate and a House of
Representatives
 • The people to themselves, by the system of initiative and referendum (Art. VI, Sec. 1)
• Grant of legislative power to Congress is plenary.
• Congress may legislate on any subject matter provided that the limitations are
observed.

The senate
The Senate is composed of twenty four members elected by all qualified voters all over the
country.

The senators shall have the following qualifications :

• natural born citizens of the Philippines;
• at least 35 years old on the day of election;
• able to read and write;
• a resident of the Philippines for at least two years before the election day.
• The senators have a six year term of office and may be reelected for not more than two terms.

Congress of the Philippines

House of representatives
• The House of Representatives shall be composed of not more than 250 members.
● They shall be elected by the qualified voters in the different districts all over the country, or
through the party list system.

Number of representatives
• The Constitution states that the House "shall be composed of not more than 250 members,
unless otherwise fixed by law," and that at least 20% of it shall be sectoral representatives.
• In the ongoing 18th Congress, there are 304 seats in the House of Representatives.

District representatives
● Elected from legislative districts apportioned among the provinces, cities, and the Metro
Manila area

Qualifications of the representatives

• a natural born citizen of the Philippines;
• at least 25 years old on the day of election;
• able to read and write;
• a registered voter;
• a resident of the Philippines for not less than one year before the day of election.
• The Congressmen have a term of three years and may be re-elected for not more than three
terms.

Party list representatives

• Section 5(2) The party-list representatives shall constitute twenty per centum of the total
number of representatives including those under the party list.
• the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such
other sectors as may be provided by law, except the religious sector.

UHAW Partylist
U - nion of
H - usbands
A - fraid of their
W - ives

Qualified Sectors
• Labor
• Peasant
• Fisherfolk
• Urban Poor
• Indigenous Cultural Communities
• Elderly
• Handicapped
• Women
• Youth
• Veterans
• Overseas workers
• Professionals

Disqualified Sectors
•Religious sects
• Foreign organizations
• Those Advocating Violence or Unlawful Means
• It is receiving support from any foreign government, foreign political party, foundation,
organization, whether directly or through any of its officers or members or indirectly through third
parties for partisan election purposes.

Incompatible offices
• May not hold any other office or employment in the government during his term without
forfeiting his seat. (Art VI Sec 13)
• Forfeiture of the seat in Congress shall be automatic upon the member's assumption of such
office deemed incompatible.(Adaza vs. Pacana, March 18, 1985)

Forbidden office
• May not be appointed to any office created or the emoluments thereof were increase during
the term for which he was elected. (Art VI Sec 13)
• He cannot validly take the office even if he is willing to give up his seat.
• Cannot personally appear as counsel before any court, electoral tribunal, quasi-judicial and
administrative bodies during his term of office. (Art VI Sec 14)