PRELIMINARIES OF THE CONSTITUTION

A Constitution is defined as the fundamental law of a nation or state wherein it establishes the character and basic
principles of the government.
- Under the concept of political law
- Rules & legal maxim
- Ste the framework
- Constitutional law is under Political law

Classifications of the Constitution:

1. Rigid or flexible
- something cannot be altered or change as we want to
- A rigid constitution is one that can be amended only by a formal and usually difficult process, while a flexible
constitution can be changed by ordinary legislation.

2. Enacted or evolved
- It is being enacted and not changing through time; Enacted (conventional) and Evolved (cumulative).
- A conventional constitution is enacted, formally struck off at a definite time and place following a conscious or
deliberate effort taken by a constituent body or ruler, while a cumulative constitution is the result of political
evolution.
• Amendment
o altered the part of the law but not changing the intention of law
o the alteration of an existing constitution by the addition or subtraction of material.
o Example: Schedule of SK election; Correct to True in examination
• Revision
o entirely changing the intention
o is the "replacement of one constitution by another."

3. Written or Unwritten
- unwritten constitution (ex: Monarchy- those who have King)
- a written constitution refers to one whose principles are represented in a single document or group of papers;
while an unwritten constitution consists of rules which have not been integrated into a single, concrete form but
are scattered in various sources.

The 1987 Philippine Constitution falls under written (it is written in a book), enacted, and rigid

Qualities of a Good written Constitution (Characteristics B.B.D)

1. Broad- it should be encompassing; include all; should taught all the matters contain the state
2. Brief- should be short, direct, cohesive, and concise.
3. Definite
• Should be precise, easy to be understood, easy to understand in simple looking at the law
• Example of not a definite: “Students are not allowed to wear jeans”

Interpretation of Constitution- should be interpreted objectively

Principles of parens patrieae
- the state will act as the father of every citizen (the government acts as a father)

3 Different Ways of Interpretation

1. Ratio legis- plain meaning rule; “what the law says the law says”
2. Ratio legis ast anima
• Intention of the framer
• Look at the intention of the one who actually wrote the law
• Subjective to the one who write it
 • Example: “Students are not allowed to wear jeans” (denim or ripped jeans)
3. Ut magis Valeat quam pereat- wee look at the wholeness of the law, look at the anticidents circumstances of
the law

What are the self-executive provisions?

-it can be carried out without the assistance of legislation and there is no indication that legislation is intended to make it
functional.

Functions of Judicial Review

a) Checking
b) Legitimating
c) Symbolic

Requisites of Judicial Review/lnquiry:

a) Actual case or controversy
b) The constitutional question must be raised by the proper party.
c) The constitutional question must be raised at the earliest possible opportunity.

I. General Principles

Political Law- The branch of public law that deals with the organization and operation of the State's governmental
agencies. The following are the Scope/Divisions of the Political Law:
• Constitutional Law.
• Administrative Law
• Law on Municipal Corporations.
• Law of Public Officers.
• Election Laws.

The Philippine Constitution

• That written document adopted by direct popular action by which the fundamental government authorities
are formed, limited, and defined.
• Its objective is to describe the permanent structure of a government system,

.
Note: A good-written constitution must be broad, brief, and definite.
Essential parts of a good written Constitution:
• Constitution of Liberty
• Constitution of Government
• Constitution of Sovereignty

The Philippines as a State

• a state is a community of people, more or less numerous, permanently inhabiting a specified area of land,
independent of external authority, and governed by a government to which a large proportion of the population
submits habitually.
Element of the State (People, Territory, Government, Sovereignty)
• People
- Inhabitants- include all of the people who live or staying in the Philippines regardless of their citizenship or
nationality
- Citizens- those that are recognized by the Philippines
o 3 Ways Acquiring the Citizenship or to have Citizenship
▪ Jus soli- by soil; principle by land; “law by land”
▪ Jus sanguinis- by blood; law by blood; followed by the Filipino
▪ Naturalization- legal process in which state grant you a citizenship
- Electors- elected leaders
 • Government- agent of the State
1. De jure- means by law; government is legally recognized
2. De facto- means by fact; government exist without actual recognition (Ex; Soccoro Bayanihan Services)
• Sovereignty- free from external control
Sovereignty vs. Sovereign Right

Sovereignty

- Freedom from external control; free from external control; can exercise in territorial sea
- Example: home

Sovereign Right

- power to exhaust the economic richness without being intervene by anyone to us because
we are exercising sovereign right
- being exercise in the exclusive economic zone
- Example: playground

Autonomous- ability of self-govern

• Territory
o The National Territory
o Components:
• Terrestrial
• Fluvial- 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.
o Territorial sea- shore not reach by water even if its high tide; from the shore or baseline of the
shore to 12 nautical miles; like home
o Contiguous zone- extends from the baseline of the shore to 24 nautical miles
o Exclusive economic zone- from the baseline of shore to 200 nautical miles; only exercise
sovereign right
• Maritime
• Aerial domains
o it includes the air directly above the state’s terrestrial and fluvial domains.
o Aerial domain do not extent the outer space; only extent to aerial space or airspace of the
Philippines.
o Example:
Situation: The China sent a satellite in the outer space above the Philippines.
- exemption if the satellites of China block our access to natural lights
- if the satellites is use to navigate information about the Philippines
- satellites would promote eminent danger.
o The Philippine Archipelago:
o Other territories over which the Philippines exercises jurisdiction.
o Archipelago Doctrine

State- govern by political division (bansa)

Nation- govern by socio-ethnical division; about ethnics; ex: Arab Nation and Irish Nation
Country- govern by the geographical division

II. The Fundamental Powers of the State:

1. Police Power
o Exercise the power by government.
o Ability of the State through the government to impose authority.
o Police authority governs both liberty and property.
o Limitations of the Power of Police Power in Article III Bill of Rights
o Article III Bill of Rights- “self-executing provisions”; law that don’t need enabling laws to be used
 o 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.

2. Power of Eminent Domain- also known as expropriation; is the power of the State to take private property
to public use with just compensation.

Requisites of Valid Exercise of Expropriation or Power of Eminent Domain

• Necessity- if the project gave greater good to people.
• Private property- there is no expropriation if it is a public property or if it is not private property
• Taking in the Constitutional Sense- the taking need not to be physical taking
• Public use
o public use is different by publicly use
o the taking should be access by the part of the public
o Example: School can only be accessed by the part of the public of it, like students.
o Publicly use- use by the public
o If the property is private, but if it is designated for public use, it cannot be expropriated

• Just compensation
o Monitory consideration to give in a property owner
o The payment is determined by the fair taking at the time it is taken (delayed payment)
o Exemption 60 years
o The government should pay for the land if it affects the material property of the whole house
o The government should pay for the land in half payment if it affects the affected area only
• Due process (must be informed the private owner with notice)

3. Power of Taxation- The ability of a government to assess and collect taxes is referred to as taxing authority.

PREAMBLE OF THE 1987 PHILIPPINE CONSTITUTION

What do we need to know about the Preamble?

• The Preamble is not a source of rights or of obligations. It acts as an introduction or an introductory remark to the
constitution. Although not part of the real laws, it gives a summary and brief explanation of the country's legal
system as well as its ambitions.
• It was created by the will of the "sovereign Filipino people."
• It conveys strong messages about our significant roles and duties to each Filipino and our society.

EXPLANATIONS ON EVERY PARTS OF THE PREAMBLE:

• We, the sovereign Filipino people: This statement is intended to demonstrate that the constitution, despite being
crafted by a small group of individuals, reflects the interests of the whole nation rather than a chosen few people.
• Imploring the aid of Almighty God: The majority of Filipinos are Christians. This term illustrates the religious
impact on the country.
• In order to build a just and humane society: Creating a just and humane society is most likely everyone's desire
while constructing a nation, and this is especially true for the majority of Filipinos who felt oppressed during the
Marcos administration.
• Establish a Government that shall embody our ideals and aspirations: This expression simply means that the
government should represent the values and ambitions of the sovereign Filipino people, a democratic nation.
• 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: it reflects the Filipino people's attitude toward the government at the time. This
signifies the sparked widespread protests that brought the Marcos government to an end in 1986.
• Do ordain and promulgate this Constitution: The final statement is simply to emphasize that this constitution was
drafted by "the sovereign Filipino people" and is exactly what they want
 ARTICLE I National Territory

Scope - The Philippine Archipelago or all other territories under Philippine sovereignty or territory (territorial sea, seabed,
subsoil, insular shelves, and other underwater regions)
Purpose- for the preservation of the national wealth, for national security, and as a manifestation of our solidarity as a
people.
BASELINE LAW
• R.A. 9522. This law provides for one baseline around the archipelago and separate baselines for the "regime of
islands" outside the archipelago.
• Baselines are lines established along a group of islands' or a single island's low water mark. islands that delineate
the boundary between internal waters and the regional ocean. According to the Law of the Sea, each nation must
establish its own baselines.

Force of the-assertion of a territorial claim in a constitution should be remembered that a constitution is municipal law.
As such, it binds only the nation promulgating it. Hence, a definition of national territory in the constitution will bind
internationally only if it is supported by proof that can stand in international law.

o Components:
• Terrestrial
• Fluvial- 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.
o Territorial sea- shore not reach by water even if its high tide; from the shore or baseline of the
shore to 12 nautical miles; like home
o Contiguous zone- extends from the baseline of the shore to 24 nautical miles
o Exclusive economic zone- from the baseline of shore to 200 nautical miles; only exercise
sovereign right

Sovereignty vs. Sovereign Right

Sovereignty

- Freedom from external control; free from external control; can exercise in territorial sea
- Example: home

Sovereign Right

- power to exhaust the economic richness without being intervene by anyone to us because we are exercising
sovereign right
- being exercise in the exclusive economic zone
- Example: playground

Autonomous- ability of self-govern

• Maritime
• Aerial domains
o it includes the air directly above the state’s terrestrial and fluvial domains.
o Aerial domain does not extent the outer space; only extent to aerial space or airspace of the
Philippines.
o Example:
Situation: The China sent a satellite in the outer space above the Philippines.
- exemption if the satellites of China block our access to natural lights
- if the satellites is use to navigate information about the Philippines
- satellites would promote eminent danger.
 ARTICLE II Declaration of Principles and State Policies

The purpose of the Article II is that it shows the basic ideological principles and policies that underlie the Constitution. As
such, the provisions shed light on the meaning of the other provisions of the Constitution and they are a guide for all
departments of the government in the implementation of the Constitution.

STATE PRINCIPLES (SECTION 1-6)

Article 2 Section 1

The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority.

Democracy

- “demos” (people); “kratos” (power)

- ideology on how the government runs; a government which being run by the people

Republic

- “politeia” (rights of the citizens)

- it is a form of government that will be run by the one that are elected

• Philippines is a democratic republic

• Democratic because of the sovereignty of the Filipino people, its supreme power resides within the Filipino people.
• Filipino people are the ultimate source of political power and authority.
• Republic- to prevent chaos which is why we elect people who will run the government but limited only to the power
that is bestowed by them by the Filipino people
• State
- It is a community of humans more or less numerous, permanently inhabiting a specific region, independent of
external control and possessing a structured government to which the general body of residents show persistent
obedience.
- A legal concept
• Elements of the State
- People
- Region
- Government
- Sovereignty
• Nation
- is a large collection of people who live on a certain piece of territory
- the people are linked by history, culture, or some other shared characteristics
- an ethnic concept
• People
- simply refers to a group of people large enough to sustain the community's existence and kept together by a shared
bond of law. It makes no difference legally if they have different ethnic, cultural, or economic interests.
• Sovereignty
- Legal Sovereignty
a. is the supreme authority to influence legal interests, either directly or indirectly.
b. Legislative, executive, or judicial action is all possible. This is ingrained in the population, yet it is not being
addressed.
c. Normally, state agencies wield this authority. In terms of automatic restriction, sovereignty "is the right of a state-
force as a result of which it possesses the exclusive legal self-determination and self-restriction power"
- Political sovereignty is the sum of all the influences in a state which determine the course of law.

• Government
- That institution or collection of institutions by which an independent society makes and executes those norms of
action essential to enable men to live in a social state, or which are enforced upon the people composing that
society by those who have the capacity or authority to prescribe them.
Manifestations of the Philippines being a democratic and republican state

• Existence of a bill of rights

- Limits the power of the state it can only limits but it cannot with any way remove the power of the state
because the power of the state is inherent.
• Observance of the rule of the majority
- Follow rule of majority for example is that during election where although we know that this person who is
running as candidate is able and will able to execute the best of the best for that particular position however
if he or she is not that popular and garner the majority of the vote that person will not be able to sit into the
position. So it is always the observance of the rule of the majority when it comes to election
• Ours is a government of laws, not of men
- Government is following laws not men. Meaning our government is following what the law says and not what
a person says.
• Presence of election through popular will
- We exercise our right to suffrage as a republican state because when we talked about republic it is always that
it is anchored with the word representative and those representatives are those that we elect
• Separation of powers and systems of checks and balance
- Separation of powers applied on the 3 branches of the government
- 3 Branches of the Government (L. E. J)
1. Legislative Body
Under Article 6
The one who create law
The one who makes the law
It is what we call the Congress
They are the law making bodies
Congress is the whole legislative body (divided into the Senate and House of the
Representative
2 Chamber of Legislative Body
o Upper House or Upper Chamber
▪ Composed of Senate
▪ People under Senate are called Senators
o Lower House or Lower Chamber
▪ Composed of the House of Representatives
▪ People under the House of Representatives are called as Congressman or
Congresswoman

2. Executive Body
Under Article 7
Responsible for implementing the law
Executive body is composed of many parts
o President
o Vice President
o Office of the Ombudsman
o Executive Secretaries- includes those secretaries on different Department of the
Government
▪ Example:
❖ Department of Labor and Employment
❖ Department of Health
❖ Department of Social Welfare and Development
o Cluster Leaders
▪ Example:
 ❖ Provincial Governor
❖ City Mayor
❖ Municipal Mayor
❖ Barangay Chairperson

3. Judicial Body
Under Article 8
The one who interpret the law
Compose of Different Courts
o Example:
▪ Supreme Court
▪ Lower Court such as: Court of Appeal, Court of Tax Appeals, Regional Trial
Court, Municipal Trial Court, Metropolitan Trial Court
▪ Courts personnel is also part of judiciary such as: Judges, Justices, Chief
Justice, Lawyers, Prosecutors, Fiscal
▪ Even staffs under court such as: Stenographer, Interpreters

• The legislature cannot pass irreparable laws

- The Congress cannot pass the law that cannot be change or irreparable
- All laws can be change
- Constitution can be change also the that promulgated by the Congress. The Constitution can be change into
two: amendments and revisions.
- Constitution- supreme law of the land; fundamental law of the land; most powerful law in the land
• Observance of the law on public officers
- Accountability of public officers
- Officers should be accountable because we are the one’s who elected them in the position and in turned they
should render service dedicated to the people and that they should be accountable for their action
• The State cannot be sued without its consents
- Immunity from suit can be a defense by the state not to be sued
- We cannot sued the state but we can sued the agency of the state (We cannot file a case against the Philippine
itself but we can file a case against its agent which is the government)

How can a government agency be liable on its action?

Example: GSIS is a government agency that works on pensions, so after working for, for example, 40 years, you are now
ready to retire as a chief engineer, and after knowing that the GSIS is giving compensation for those who are active
members of their department as observed by the state, you may collect a pension. However, in this instance, the GSIS
denies your right to receive a pension. So you want to file a case against GSIS, but you do not have the right to file a case
against it because of immunity from suit, and if GSIS is correct, the answer is no. Why? They have already given consent,
and consent can be implied or expressed. And of course, there’s no government agency that will give you express consent
that they can be sued in such cases. However, it can be implied consent. And how can implied consent be achieved? It can
be achieved if the government agency committed a grieved abused use of this question amounting to a lack of or access
to jurisdiction against someone’s rights. In this instance, your right to your compensation as a pensioner was deprived, and
so the implied consent against GSIS has already occurred; hence, you can file a petition against GSIS.

Express Consent- just like a person it means that it grants a permission

Implied Consent- Implied consent can be achieve if there’s a violation of law or a violation of right. There’s no express
direction to the consent or there’s no express direction or pronouncement of the consent. However, because of the action
it is as if there was already a consent.

- If there’s a violation of right already committed by the agent of the state, which is the government. There’s
already an implied consent that we can file against it.
Sovereignty is exercised indirectly (sovereignty involves those that that we elected and appointed in the position. The
measure for perceiving sovereignty is done by the representative we chose to represent us. We allowed officers to do what
we wanted them to do, and since they have done it, the positive outcomes of such actions are shared not only with those
in government but also with those who decided to vote for those particular people.)

- Public officials elected by the people

- Officials appointed by elected officials

Sovereignty is exercised directly (it involves us; each Filipino’s able to exercise it)

- Through suffrage or the right to vote in political elections

Article 2 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.

Possesses 3 distinct idea

1. The Philippine renounces war as an instrument of national policy.

Renunciation of war as an instrument of national policy.
o Philippines cannot declare war on other country.
o The country can only declare an existing war which is a defensive war
o Defensive war- a war as a form of defense; if we are provoked to fight then we can declare war
o We do not initiate the war we only respond to war as our self-defense or an act of defense for our country

2. Adapt the general accepted principle of international law as part of the law of the land.
Adoption of the generally accepted principles of international law as part of the country’s own law
o International Law- body of rules and principles which govern the relations of nations and their perspective
peoples in their intercourse with one another.
o “Doctrine of Incorporation”- the commitment of the state to international laws
▪ The adoption of the generally accepted principle of international law as part of the law of the land
▪ If the international law is in conflict with the national law or municipal law the law that will prevail
is the Municipal law. Because for instance if there’s a conflict between the international law and
the municipal law, Philippines is a state and being a state being it a state has elements and one of
the elements is sovereignty which means free from external control, then we can self-govern.
o When international usage to be applied
o A treaty has force of a statue- agreement between countries that is approved by the congress
o 2 Concept of International Agreement
▪ Treaty Agreement- it needs to have approval of the Congress; being signed by the President
▪ Executive Agreement- need not to have the approval of the Congress; being signed by the President
▪ Roles of the President- (head of the government), (head of the State)
o If there’s executive agreement- can be done by the President even without the agreement or the approval
of the center of the Congress
o Constitution prevails over a treaty

3. We adhere to the policy of peace, equality, justice, freedom, cooperation and amity with all nations.

Article 2 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.

- Civilian Authority is, at all times, supreme over the military- the intention of saying that authority is at all times,
supreme over the military is to a certain that this is still a country of democracy or the country is still under
democratic political ideology.
 - The President is the commander-in-chief of the armed forces of the Philippines.
o The army, the navy, the air force, and the marines
o The appointment of the high-ranking officials is vested in the President.
- Armed Forces of the Philippines (AFP)
- Its goal is to discharge the function of being the protector of:
o The sovereignty of the State
o Integrity of our National Territory

Article 2 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.

- ROTC and CWTS is not required to render military service if it is a civil war, it is only required if it is an international
war.
- The Philippine government cannot require other country citizens (foreigner ex: Chinese citizens) to render their
military service for the Philippines in terms of war, even if they are here in the Philippines.
- The foreign citizen will not be killed or prosecuted; instead, they will be asked to fly back to their country.

Article 2 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.

- Peace and Order

• Duty of the government to maintain peace and order.
o Through making laws
o Enforcing laws
o Promote the general welfare

Article 2 Section 6

The separation of Church and State shall be inviolable.

- The coverage of Section 6 Separation of Church and State

1. Although the Separation of Church and State is a concept it is not absolute.
• The government cannot impose a tax on the offerings in the mass, or the offerings are not taxable, because
there is a separation of Church and State.
- The government shall not favor any religion, support them using public funds, or even establish or set up a church.
- The Church should not get involved in political issues
- But if the request of Church is in favor of the peace and order and not the church itself, they can request from the
help of the state.
- If it is against public morals, the separation of church and state is not absolute.
- In instance where the church is practicing human sacrifice, it can be held liable because it is against public morals.
- For instance, if the cafeteria is built in one room in the church, it is taxable because it is not an official business and
is instrumental and material to the church.
- Establishment of religion clause
• The State shall have no official religion.
• The State cannot set up a church.
• Everyone has the freedom to profess their belief or disbelief in any religion.

The absolute right that we have is the right to believe, which cannot be subject to any violations or interference. Because
a criminal mind is not a criminal act. However, if it is acted upon, the right to believe is not absolute.
STATE POLICIES (SECTION 7-28)

Article 2 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.

- Independent foreign policy- is a policy wherein we engage to another country independently without the other
country telling us what to do.

Article 2 Section 8

The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its
territory.

- The creation of a nuclear power plant is not a violation of Section 8 because a nuclear power plant is not a weapon
but a source of nuclear energy. Only weapons are prohibited.
- Freedom from Nuclear Weapons
- It is a prohibition from:
• Making
• Storing
• Manufacturing
• Dumping

Of nuclear weapons, devices, or parts thereof in our country.

- Exceptions, the use of nuclear for: (if the national interests are require)
• Medicine
• Agriculture
• And other beneficial purposes
If the national interest so requires
• The storing of nuclear weapon in our country

Article 2 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.

- In order to have just and dynamic social order, this is accomplished through policies that:
• Provide sufficient social services (in the field of health, education, housing, etc.
• Promote full employment.
• A rising standard of living.
• Improve quality of life for all.

Article 2 Section 10

The State shall promote social justice in all phases of national development.

- The State must give preferential attention to the welfare of the less fortunate members of the community:
• The poor
• Uneducated
• Underprivilege
 • Disabled
- It follows the principle that those who have less in life should have more in law.

Article 2 Section 11

The State values the dignity of every human person and guaranteed full respect for human rights.

- Human Rights- belief in inherent dignity of every human person basis of human right
- In a democratic state, the individual enjoys certain rights which cannot be modified or taken away by lawmaking
body.

Article 2 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.

- Recognize the family as a basic unit of society.

- Protection of the state begins when we’re still at the womb of our mothers.
- The protection of Constitution extends at the time of conception.
- Conception- begins right after fertilization.
- Clock has 12 numbers, and it looks like a tummy when pregnant.

Article 2 Section 13

The State recognizes the vital role of the youth in nation-building and shall ' promote 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.

- The goal of NSTP program is anchored in the Section 13

- It is about the youth
- Number 13 is believed to be a number of mischievous, and since youth are mischievous, this section pertains to youth.

Article 2 Section 14

The State recognizes the role of women in nation-building, and shall ensure that fundamental equality before the law of
women and men.

- It is about women, recognition of the role of women in the society and that the State should make steps on how to
equalize the right of the women and of men.
- TV series “Katorse” of Erich Gonzales which is a pregnant at the age of 14 so it is associated to women.

Article 2 Section 15

The State shall protect and promote the right to health of the people and instill health consciousness among them.

- Right of the people to access public health

- Every 15th of the month is the pay for PhilHealth contribution

Article 2 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.
 - Only self-executing provision under Article 2
- About balance ecology and harmony in nature

Article 2 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.

- Only pertains to the priority of Education

- The State prioritize the following through their different programs like the:
• DepEd
• CHED
• DOST
• PSC
- Only pertains to the priority of Education

Article 2 Section 18

The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

- Talks about the primary social economic force of the State which is labor.
- It protects the right of the workers and promote their welfare
- Human labor is not only treated as land, tools, or machinery. It mandates the State to provide living wage and full
participation to workers in decision-making processes which affect their rights and benefits.

Article 2 Section 19

The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.

- We should develop a State that is not only independent when it comes to foreign policy, but also an economy that
is self-reliant effectively controlled by Filipinos
- State the constitutional guidelines in the development of the economy:
• Economic self-reliance
• Independent national economy
• And effective Filipino control of the economy

Article 2 Section 20

The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to
needed investments.

- Government supports private sector.

- Private sectors- anything or anyone put things on the market.
- The government recognize their indispensable role because they contribute to the general welfare of the citizen. It
contributes to the demand and needs of the Filipino people.
- Role of private sectors in the economy
• The Constitution does not favor an economy where the State directly competes with private business.
• The business of government is governance and NOT money-making.

Article 2 Section 21

The State shall promote comprehensive rural development and agrarian reform.

- It is about agriculture
- Number 2 look like a hook that is being used for harvesting rice plant and 1 looks like the straw of rice plant.
 Article 2 Section 22

The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity
and development.

- It is about the State recognizes the right of indigenous community and the promotion of indigenous life.
- 22 looks like 2 people kneeling down.

Article 2 Section 23

The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the
nation.

- The government recognizes the role of our non-government organizations.

- Ex: Fraternity, Rotary Club, Philippine Institute of Civil Engineers

Article 2 Section 24

The State recognizes the vital role of communication and information in nation-building.

Article 2 Section 25

The State shall ensure the autonomy of local governments.

- Autonomy- ability to self-govern

- Although the local government possesses autonomy, they are not sovereign
- The autonomy of the barangay captain is no to the extent that it will question the authority of the mayor.
- Local affairs can best regulated by the people in the locality.

Article 2 Section 26

The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined
by law.

- Also prohibits political dynasty as may be defined by law.

- Political dynasty is still existing because there’s no political dynasty exists that is being defined by the law.
- This does not allow the existence of political dynasties or the practice of keeping political power within the control
of select families.
- Emphasizes the duty of the government to uphold democratic elections and appointments.

Article 2 Section 27

The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft
and corruption.

- Also prohibits political dynasty as may be defined by law.

- Graft- it is the misappropriation or mismanagement of public fund.
- Corruption- the use of authority to gain an advantage over something or someone that has a negative effect on the
other.

Article 2 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.

- Emphasize the importance of full public disclosure

- limited to things which involves public concerns.
- The policy covers matters involving public interest especially those concerning the utilization of public funds and
property.

Article 3 of the 1987 Philippine Constitution: Bill of Rights

Bill of Rights

- Also known as the Declaration of Rights or the Charter of Rights

- A list of the most important rights to citizens of a country
- Bill of Rights serves as our protection against the violations from the government and any individual

Article 3 Section 1 Right to Due Process

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

- states that “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.”
- 3 Rights in the Article Section 1
• Right to Life- means that nobody, including the government, can try to end your life. Also talks about
the quality of life.
• Right to Liberty- right to be free.
• Right to Property- This means that you have the right to own anything without any threat being faced.
- The 3 Rights cannot be taken away without due process.
- Due Process- a requirement that legal matters must be resolved according to established rules and principles.
- For example, under due process, individuals cannot have their property seized or they cannot be put in jail
without first going through the legal system to determine if they are guilty of the crime.
- Equal Protection of Laws- the government must treat similarly situated individuals in the same manner. This
protection covers all citizens, including the aliens of a country.
- For example, everyone earning an income is taxed. The tax rates are based on the same standards for persons
that are similarly situated.

Article 3 Section 2 Right Against Unreasonable Searches and Seizures

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- A process conducted by authorized officers to look for specific items that are related to the crime.
- Seizure- officers take possessions of items during the search.
- A search and seizure is considered unreasonable if it is conducted by police officers without a valid search
warrant and warrant of arrest.
- Warrant of arrest- An official document signed by the judge, which authorizes police officers to arrest the person
or people named in the document.
- Search warrant- An official document signed by the judge, which authorizes police officers to search a particular
location and seize specific items.
 - A valid search warrant and warrant of arrest must contain the following:
1. It must be issued upon Probable Cause
- sufficient reason based upon known facts to believe a crime has been committed or that
certain property is connected with a crime.
- For example, police officers cannot arrest someone who looks like a criminal. Just because
someone wears a black shirt with a black mask doesn't mean that person is a criminal. There
is a high possibility that he's attending a cosplay or a party.
2. Probable Cause must be determined personally by the judge.
3. The Judge must examine the complainant and the witness he may produce under oath or affirmation.
4. The warrant must particularly describe the place to be searched and the persons or things to be seized.
- Warrantless arrest- an arrest without a warrant. Warrantless arrest is valid in the following cases:
• In flagrante delicto- the person to be arrested has committed, is committing, or is attempting to
commit an offense.
• Hot Pursuit Arrest- The policeman should have a personal knowledge that the suspect committed a
crime.
• A prisoner who escaped from prison
- Police officers are not the only ones who can arrest a person committing a crime. Normal people like can also
arrest someone.
- Citizen’s arrest- a lawful, warrantless arrest performed by a civilian. However, this is not recommended because
it might be dangerous.
- Warrantless Search- a search without a warrant.
- Police officers can only search without a warrant in the following situations:
• Consent- an individual must freely and voluntarily agrees to a search of his or her property.
• Exigent Circumstances- If the police officers feel that the time that it would take to get a warrant would
jeopardize public safety or lead to the loss of evidence, they can perform a search without a warrant.
• Search Incident to an Arrest- A police officer does not need a warrant to perform a search in
connection with an arrest.
• The Plain View Doctrine- Police officers to legally search an area if the evidence is clearly visible.

Article 3 Section 3 Right to Privacy

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.

- Right of a person to be left alone.

- Right to privacy is not violated when:
• There is a Lawful Order of the Court
• Public Safety or Order requires it

Article 3 Section 4 Right of Speech: Freedom of Speech, Expression and Press

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.

- This is the right to express any opinions without censorship or restraint.

- This includes the right to express your views aloud through the following:
• Published Articles and Book
• Television or Radio Broadcasting
• Works of Art
• Internet or Social Media
- Limitation of this rights: It ends when you start to violate the rights of another person or the values of the
society as a whole. For example, defamation.
- Defamation- is saying or writing something about another person that hurts their reputation.
- 2 Kinds of Defamation
 • Libel- if the statement is made in writing and published
• Slander- if the hurtful statement is spoken
- Freedom of Assembly- refers to the right to hold a rally or to voice out grievances against the government.
- There are some situations in which public authorities can restrict your rights to freedom of assembly in order to:
• Protect National Security or Public Safety
• Protect Rights and Freedom
• Prevent Disorder or Crime

Article 3 Section 5 Right in the Freedom of Religion

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.

- Right of an individual to worship God without interference from any person or power.
- 2 Aspects of Freedom of Religion:
• Freedom to believe in any religion
• Freedom to act in accordance with such belief
o not an absolute right
o subject to rules and laws of the state

For example, no one can appear nude in public in the name of religion.

- Prohibition of Religious Test- is the one that is requiring someone to have a religious belief
before the performance of the act. This is considered as a violation of the freedom of religion.

Article 3 Section 6: Liberty of Abode

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.

- Liberty of Abode- right of a person to choose and change his residence without interference from the
government.
- Right to Travel- right to go to different places.
- These rights may be denied or restricted by the state if first there is a local order of the court.
- Limitations:
• Lawful order of the court
• National Security, Public Safety and Public Health is endangered

Article 3 Section 7: Right of the People to Information

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.

- In the democratic state, the citizens have the right to access the records of their government.
This to prevent public officials from engaging in corrupt practices.
- The following documents can be disclosed to the public:
• Official Records
• Documents and papers pertaining to Official Acts, Transactions or Decisions
• Government Research Data used as a basis for policy development.
- There are also some documents which should not be disclosed to the public. This are the following:
• Records Involving Security of the State
• Accounts Pertaining to Military Intelligence Funds
• Trade secrets and banking transactions
• Identity of Informants in Criminal Investigation
• Confidential Diplomatic Matters
 Article 3 Section 8: Right to Form Associations

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.

- Freedom to Organize or be a member of any group, association, union or society

- May be exercised by the employed, both in the public and the private sectors and also the unemployed.

Article 3 Section 9: Right to Just Compensation

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

- Inherent Powers of the State- powers that the Congress and the President need in order to get the job done
right.
• Police Power- this is the power to enact regulations for the health, safety and welfare of the public.
• Power of Taxation- this is the power of the government to impose and collect taxes.
• Power of Eminent Domain- this is the power of the government to take a private property. Eminent
Domain is valid in the following cases:
o Private Property
o The land confiscated is for public use
o There must be a due process of law and expropriation
o There is a Just Compensation- this means that owners will be paid accordingly when
their property gets seized by the government for public.

Article 3 Section 10: Obligation of Contracts

No law impairing the obligation of contracts shall be passed.

- Obligation of contracts is the legal duty of the contractor to fulfill the promise stated in the contract.
- For example, in a contract of sale, the obligation of the buyer is to pay the price agreed upon, while the
obligation of the seller is to deliver the thing sold.
- The government cannot pass a law that would stop a contract from being enforced. The purpose of non-
impairment prohibition is to assure the fulfillment of promises between parties and to avoid problems

Article 3 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.

Article 3 Section 12: Right of an Accused Under Custodial Investigation

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.

- Custodial investigation- any questioning initiated by the law enforcement officers after a person has been taken
into custody.
- Miranda Rights- “You have the right to remain silent. Anything you say can and will be used against you in a
court of law.” This statement is called Miranda warning. It is a constitutional requirement that once an individual
is detained by the police, there are certain warnings a police officer is required to give to a detainee.
• Right to Remain Silent- a person who is under custodial investigation has a right to refuse answering any
question. Those who give up their right to remain silent face the prospect that their statements will be
used against them in the court.
• Right to Competent and Independent Counsel preferably of his own choice. If the person cannot afford
services of a counsel, he/she must be provided one without charges.
 • The right to be informed of such rights- The officer is duty bound to explain the effects of these rights
and ensure the person’s understanding in the light
- Waiving Miranda Rights- a person refrains from using his Miranda Rights
- Requirements in Waiving Miranda Rights:
• Must be waived in writing
• With a presence of a counsel
- Right against the use of Torture, Force Violence, Threat and Intimidation- Police officers cannot slap, beat,
threaten, or intimidate an accused in custody. It is against the constitution to use any method that would hurt
the accused.
- Right against being held in Secret Detention Incommunicado or Similar Forms of Solitary Detention- Secret
detentions occur when detainees are held incommunicado, or when they are not permitted to contact the
outside world, including their families and lawyers, and when detaining authorities refuse to acknowledge either
the fact of the detention or the fate and whereabouts of the detainees. The new constitution included this right
to avoid what happened during the time of President Marcos.
- Doctrine of Poisonous Tree- any evidence that is illegally acquired cannot be used in court against the
defendant.
- Right to Informed of the charges and cause of accusation- The accused person will be informed of the charges
that he is charged with. After a defendant is arrested, both an avail appearance is completed, the defendant will
then be arraigned.
- Arraignment- a hearing in which the defendant is formally charged, the rights are read, and the court will
appoint an attorney if the defendant doesn’t have one. Under this the defendant can either plead guilty or not
guilty of the crime he is charged with.

Right to Compulsory Production of Witnesses and Evidence- the accused has the right to demand other people who
have evidence that would be helpful to him in court

• Subpoena- a writ ordering a person to attend a court

• Subpoena Duces Tecom- a writ ordering a person to attend a court and bring relevant documents.

Article 3 Section 13: Right to Bail

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.

- Bail is a cash, a bond, or property that an arrested person gives to a court to ensure that he or she will appear in
court when ordered to do so.
- If the defendant doesn’t show up the court may keep the bail and issue a warrant for defendant’s arrest.
- Any person accused or detained has the right to invoke bail except when the crime committed is punishable by
Reclusion Perpetua
- Reclusion Perpetua- imprisonment of at least 20 years and one day to a maximum of 40 years

Article 3 Section 14: Right to Presumption of Innocence

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

- Right to Presumption of Innocence- The accused will be innocent until proven guilty

Article 3 Section 15: Writ of Habeas Corpus

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.

- Habeas Corpus- is a Latin phrase which means you may have the body this is because the person who’s keeping
you in jail literally has to bring your body to the courthouse.
- Habeas corpus means that you have the right to make the government prove to a judge that your arrest and
detainment are justified.
 - The purpose of Writ of Habeas Corpus is to control the police and other governmental entities and make sure
that they don’t abuse their power
- However, the following are some instances where the privilege of Writ of Habeas Corpus is suspended:
• In cases of invasion or rebellion
• When public safety requires it

Article Section 16: Right to a Speedy Impartial Public Trial

All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative
bodies.

- Speedy means us much as possible the court shouldn’t delay the trial, because it would prolong the agony of the
accused.
- Impartial means that whether the accused is the pope or a homeless person, the judicial system must be fair.
- Public trial- trial open to the public, the accused’s friends, relatives, and others who are interested to observe the
proceedings may attend the trial.
-

Article 3 Section 17: Right against Self-Incrimination

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

- “I invoked my rights against self-incrimination”

- Self-incrimination- giving of evidence that might tend to expose the witness to punishment for crime.
- Therefore, the right against self -incrimination forbids the government from compelling any person to give
testimonial evidence that would likely incriminate him during a criminal case. It covers testimonial compulsion,
compulsion to produce real or physical evidence using the body of the accused.

Article 3 Section 18: Right not to be detained by a reason of Political Beliefs & Aspirations (1)

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

- Freely express their political beliefs and aspirations without fear of arrest or prosecution.
- Rights against Involuntary Servitude (2)- compulsory service or simply the modern-day slavery. The new
constitution prohibits involuntary services
- Exception to Prohibitions
• Punishment of the crime
• The case of personal, military, or civil service in defense of the State
• In compliance to a return to work order issued by the Department of Labor and Employment
• Army or naval enlistment
• Exercised by parents on children

Article 3 Section 19: Right against Excessive Fines (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.

- Fines- the money imposed by the court as a punishment for the crime
- Excessive Fines- unreasonable and beyond the limits prescribed by the law
- Right against Cruel Degrading Inhumane Punishment (2)- Cruel punishment is prohibited like cutting of fingers or
cutting the penis or a rapist
- Right against the Infliction of Death Penalty- the 1987 Philippine Constitution abolished death penalty it was
reduced to reclusion perpetua but with our reservation
 - The Congress can still pass a law imposing death penalty for heinous crimes or crimes that are evil or wicked like
murder and rape

Article 3 Section 20: Debt & Poll Tax

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.

- “No person will be sent to jail because of failure to a pay a debt and poll tax.”
- Limitations:
• Creditors can still bring you to the court to demand and enforce payment of your debts
• If the person is guilty of estafa, or the crime of obtaining money is dishonestly or by trickery, he/she will
be sent to jail.

Article 3 Section 21: Right against Double Jeopardy

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.

- A person can only be charged once by the court

- Double Jeopardy- a person is twice put at the risk of conviction for the same act or offense
- Double Jeopardy Limitations:
• Applies to criminal cases only
• It does not protect defendants from multiple prosecutions for multiple offenses

Article 3 Section 22: Ex Post Facto Law & Bill of Attainder

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

- “No ex post facto law or bill of attainder shall be enacted.”

- A law that applies to crimes that happened before the law was passed.
- Ex Post Facto Law applies in:
• If it makes a person a criminal because of an act that was not a crime when committed.
• Aggravates the crime or makes it greater when it was committed.
• Changes the punishment of a crime and inflicts greater punishment.
• Decreases the amount of evidence required for a conviction.
- Applicable only in criminal cases
- Bill of Attainder- A legislative act that imposes punishment without a trial.