1987 Philippine

Constitution
ARTICLE III , ARTICLE IV,
AND ARTICLE V

REPORTED BY: VILMA C. REDOLFIN

III-BSED Eng.
CONSTITUTION
The word “constitution” is derived from
the word “constituo” meaning fixed,
established. It is define as the
fundamental law according to which the
government of a state is organized and
agreeably to which the relations of
individuals or moral persons to the
community are determined.
 ARTICLE III
BILLS OF RIGHTS
BILLS OF RIGHTS

 itis defined as a declaration and

enumeration of the individual rights
and privileges which the Constitution
is designed to protect against
violation by the government or by
individuals or group of individuals.
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 laws.
SEC. 2.
The right of the people to be secure in their
person, 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 particulary
describing the place to be searched and the
persons or things to be seized.
SEC. 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.
SEC. 4.
No law shall be passed
abridging the freedom of
speech, of expression, or the
press, or the right of the people
peaceable to assemble and
petition the government for
redress the grievances.
SEC. 5.
No law shall be made respecting an
establishment of religion, or
prohibiting 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. 6.
The liberty of abode and changing
the same within the limits
prescribed by the 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.
SEC. 7.
The right of 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.
SEC. 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.
SEC. 9.

Private property shall not be

taken for public use without
just compensation.
SEC. 10.

No law impairing the

obligation of contracts shall
be passed.
SEC 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.
SEC. 12.
(1) Any person under investigation for the
commission of an offense shall have to have
competent and independent counsel preferably of his
own choice. If 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.
(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 the
preceding section shall be inadmissible
in evidenced against him.
(4) The law shall provide for penal and
civil sanctions for violations of this
section as well as compensation to and
rehabilitation of victims of torture or
similar practices, and their families.
SEC. 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.
reclusion perpetua
The penalty to death, when by reason or on
occasion of the robbery, the crime of homicide
shall have been committed, or when the
robbery shall been accompanied by rape or
intentional mutilation or arson. Is an indivisible
penalty. After 30 years, the person sentenced
by reclusion perpetua becomes eligible for
pardon, which places a convict in prison from
20-40 years and falls under the RPC’s list of
afflictive penalties, also carries with accessory
penalties.
SEC. 14.
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 provide that he has been
duly notified and his failure appear is unjustifiable.
SEC. 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-

a writ requiring a person under

arrest to be bought before a judge
or into court, especially to secure
the person’s release unless lawful
grounds are shown for their
detention.
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 compelled

to be witness against
himself.
SEC. 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.
SEC. 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 law.
SEC. 20

No person shall be
imprisoned for debt or
non-payment of a poll
tax.
SEC. 21
No person shall be twice put in
jeopardy of punishment for the
same offense. If an act is
punishment by a law and an
ordinance, conviction or acquittal
under either shall constitute a bar
to another prosecution for the
same act.
SEC. 22

No ex post facto law or bill

of attainder shall be enacted.
Ex-Post Facto
(Latin word means lit out of the
aftermath) with retroactive effect or
force is a law that retroactively changes
the legal consequences (or status) of
action that were committed, or
relationship that existed, before the
enactment of the law.
ARTICLE IV
CITIZENSHIP
Citizenship
This is defined as membership in
apolitical community with full and civil
political privileges and allegiance of all
members of a political community.
Citizenship implies complete
possession of civil and political rights in
a body politic.
Citizen
refers to a natural person being a
member in a political community.
National
Natural person being a member in a
nation.
To be a Filipino citizen, a person must
belong to any of the classes of citizens
enumerate in SECTION 1.
Nationality
may referred to as natural right of a natural
person being a member in a nation. It is often
times used synomously with Citizenship.
They are not exactly the same thing for the
first has a broader meaning than the second.
All persons are nationals, but not all are
citizens of the state. Whereas the nationality
does not necessarily under these rights.
SECTION 1
The following are citizenship 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 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 the law.
Two Ways of Acquiring Citizenship
1. Citizenship by birth: a person is a citizen of
a state of born therein and parents who are
citizens thereof.
 Jus sanguinis- a rule that a child’s citizenship

is determined by its parents’ citizenship. (Latin

words means right of blood)
 Jus soli or jus loci- a rule that the citizenship

of a child is determined by the place of its

birth. (Latin words means right of soil)
2. Those who are naturalized in
accordance with the law.
 Citizenshipby Naturalization- it refers
to the granting of citizenship upon
foreign on his application, through a
formal act after he has complied by a
certain prescribe conditions.
SEC. 2
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.
Citizens of the Philippines under
the Constitution
1. Natural-born citizens
2. Citizens at the time of the adoption
of this Constitution
3. Those who elect Philippine
citizenship upon reaching the age of
reason
4. Those who are naturalized in
accordance with the law
SEC. 3

Philippine citizenship may

be lost or reacquired in
the manner provided by
law.
 Loss of
citizenship
Voluntary- (NESS)

a) by naturalization in a foreign country

b) by express renunciation of citizenship
c) by subscribing to an oath of allegiance to
support the constitution and laws of the
foreign country
d) by rending service to, or accepting
commission in the armed forces of a
foreign country (except under
circumstances)
Involuntary-(CD)

a) By cancellation of his certificate of

naturalization by the court
b) By having been declared by competent
authority, a deserted in the Philippine
armed forces in time of war.

A voluntary loss or renunciation of one’s

nationality is called expatriation.
Grounds for Reacquiring Lost Philippine Citizenship

1. By naturalization
2. By repatriation
3. By direct act of Congress
SEC. 4
Citizens of the Philippines who
marry aliens shall retain their
citizenship, unless by their act
or omission they are deemed,
under the law, to have
renounced it.
SEC. 5
Dual allegiance of citizens is
inimical to the national
interest and shall be dealt
with by the law.
Allegiance- loyalty owed by a person to his
government
ARTICLE V
SUFFRAGE
Suffrage
- is the right and obligation to
vote of qualified Filipino
citizens in the national and
local elections and in decision
of public questions submitted
to them.
SECTION 1
Suffrage may be exercise by all citizens of the
Philippines not otherwise disqualified by law,
who are at least eighteen years of age, and
who shall have resides in the Philippines for
at least one year and in the place wherein
they propose to vote for at least six months
immediately preceding the election. No
literacy, property, or other substantive
requirement shall be imposed on the exercise
of suffrage.
SEC. 2
The Congress shall provide a
system for securing the secrecy
and sanctity of the ballot as
well as a system for absentee
voting by qualified Filipino
abroad.
The Congress shall also design a
procedure for the disabled and the
illiterates to vote without the
assistance of other person. Until then,
they shall be allowed to vote under
existing laws and such rules as the
Commission on Election may
promulgate to protect the secrecy of
the ballot.
 
 
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