POLSCI HANDOUTS ACH Chapters 4 6

8/11/2019 POLSCI HANDOUTS ACH Chapters 4 6

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CHAPTER 4

A Prelude to the 1987 Philippine Constitution

By John Mark H. Nuncio

Oh how much more of the journey do we have to make in order to actually live the new law

the law of the Holy Spirit who acts in us, the law of charity, of love!

-Pope Francis

Leaning Outcome/s:

1. Explain the significance of the Constitution in the existence of state and government.

2. Comprehend the messages enshrined in the Preamble of the 1987 Constitution of the

Philippines.

3. Identify the scope and components of the Philippine National Territory.

The second chapter dealt on the entirety of the state which is considered

to be a very important concept in the field of political science as it is branded

as the basic unit of the international community and the ultimate expression of

political activity among men. The third chapter was aimed at discovering the

historical roots and progression of Philippine government in order to understand

the complexities and changes within the bounds of local governance. This

chapter will be dedicated to the discussion of the fundamentals of the so called

fundamental law of the land which is the guiding light of the affairs of both

state and government. In addition, this will be an opening salvo to the critical

study of the document as we enter the portals leading to the first two fragments

of the 1987 Philippine Constitutionthe Preamble and the National Territory.


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The Constitution is

the fundamental lawof the land.

CONCEPT OF CONSTITUTION

Creating an Equilibrium

Before we delve deeper into the concept of the organic law, let us first

turn our attentions to the specific field of political law that is germane to the

study of the constitution itselfConstitutional Law.

Constitutional Law is the study of the maintenance of the proper balance

between authority as represented by the three inherent powers of the State and

liberty as guaranteed by the Bill of Rights.1 Genuine liberty entails exercising it

without causing any harm or interception on the freedom of others. This is the

ideal arrangement since by practice, people unavoidably uses liberty beyond

normal control. Hence, the state has been endowed from its birth with the three

inherent powers namely police power, eminent domain, and taxation in order to

regulate the usage of individual rights. But this does not mean that the state

always has the authority to intrude on an individuals freedom because in the

context of Constitutional Law, what is being advanced is not supremacy of one

of the two factions but the promotion of the co-existence between both sides.

Constitution Defined

Cooley describes it as the body of rules and

maxims in accordance with which the powers of

sovereignty are habitually exercised.2 It also refers

to a written instrument by which the fundamental powers of the government

are established, limited, defined, and by which these powers are distributed


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among several departments, for their more safe and useful exercise, for the

benefit of the body politic.3 The first definition is much more extensive

compared to the second one since it covers even the unwritten constitutions

like customs and traditions. Furthermore, Cooleys definition relates on the

founding principles reflecting the aspirations of the sovereign while Millers

include in its scope the structuring of the government wherein the several

powers are distributed for the promotion of the common good. In laymans

terms, it is simply defined as the organic or supreme law of the state.

Constitution vs. Statute

Constitution and statute are two terms belonging to the same world of

legalities but differ in their scope and intrinsic meaning. The disparity is

demonstrated in the following instances:

1.

The former elaborates on general items such as policies and principles

while the latter deals on more specific topics. Statutes always follow the basic

rule of legislation known as singularity of subject.

2.

In addition, in the context of being open to change, the constitution

(for the cases of the written, enacted and rigid) cannot be easily amended

while statute is more open to change and can even be repealed easily with

regards to its constitutionality.

3.

The constitution is the product of the peoples integral sovereign power

in society while statute is a result of the process of legislation or law-making as

practiced by the legislature.


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4.

Lastly, in most cases, there is only one constitution in operation but

there can be several statutes that would be enforced within the bounds of the

state.

Discerning the Purpose

The purpose of the constitution is to prescribe the permanent framework

of a system of government, to assign to the several departments their respective

powers and duties, and to establish certain first principles on which the

government is founded.4 Dissecting this statement originating from American

jurisprudence, three points can be extracted:

1.

Firstpurpose is to lay down and paint the structure of the government

administering the state;

2.

Next is the apportionment of the different governmental powers to the

branch or department that must exercise it so as to avoid concentration of

powers; and

3.

Finally, to provide for the guiding principles which aid the daily affairs

of the entire governmental order.

Supremacy without a Doubt

The constitution is the supreme law of the land. Neither legislation nor

even the highest government official exercising immense powers inside the state

can question the ultimate position occupied by the organic law in the hierarchy

of the political system. The legislature can make laws but such laws are limited

because they must conform to the tenets and principles anchored on the


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Supremacy of the

Constitution means that

legislation, executive

actions and even the

international law yields to

its power.

constitution. In fact, the judiciary checks both

legislative and executive departments by

interpreting their actions as constitutional or

unconstitutional. The people, its creator, in the

exercise of sovereign power may not disregard the constitution5as well. But it

must be remembered that they can institute changes if ever it is proven that the

constitution does not serve or address the needs of the current situation. The

supremacy scenario can also be observed in the landscape of the international

community due to the fact that in cases of conflict between international law

and municipal (local) law, the latter usually prevails based on the principle of

par in parem non habet imperium. But there are exceptional cases wherein

constitutional inferiority is demonstrated in upholding the general interests of the

people.6

Variety Exists

Constitutions around the globe are not exempted to the phenomenon

dubbed as variety. Gradations exist and these are categorized into three

major segments:

1.

There are two kinds of constitution according to formnamely written

and unwritten. The differentiation does not rest on the aspect of being written

or not because some examples of the unwritten constitution are in fact written

documents. The major distinction is based on the organization of the scattered

pieces into one, single collection. The written constitutionis usually the organized


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one while the unwrittenconsists of rules which have not been integrated into a

single, concrete from but are scattered in various sources.7 The 1987 Philippine

Constitution is a written one while the English Constitution is an unwritten type.

2.

The next one is constitution according to origin which also has two

types: enacted (conventional) and evolved (cumulative). Enacted is a result of

a thorough document construction normally done through a constitutional

convention and is normally instituted at a definite time and place. On the other

hand, evolvedis a product of continuous process of accretion or adding up as it

operates from one generation to another. The present Philippine Constitution is

enacted while customs and traditions would be the best example for an

evolved constitution.

3.

According to manner of amendment is the last category that

comprises both flexible and rigid constitutions. Flexible constitutions are

characterized by flexibility which implies that it can be changed by mere

legislation. Meanwhile, the rigidone is the type that usually resists change in the

sense that it can only be amended by a specific body and the procedure itself

is quite complex and difficult. The 1987 Philippine Constitution is rigid while the

constitution of the Scandinavian state of Sweden is considered as flexible.

Written Constitution: Essential Qualities

Since the 1987 Constitution of the Republic of the Philippines is a written

one, it is more sensible to tackle the essential qualities of a constitution in the

lexicon of the written type.


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1.

Broadness refers the extensiveness of the constitution in terms of its

scope and reach. Furthermore, broadness relates to the fact that the

constitution is supposed to embody the past, reflect the present and to

anticipate the future. Accordingly, it must have the capabil ity to provide

answers or solutions for every contingency.

2.

Brevityimplies that a good written constitution must stick to the basics.

It is limited in the sense that it should not be a venue for staging the details which

must be addressed and expressed by reinforcing legislation. Thus, the nature of

the document is to prevent the situation wherein it becomes too chatty or

wordy.

3.

A written constitution must also be definite. This quality relates to the

condition that its provisions must be construed in a clear manner to avoid

vagueness in the interpretation. Such ambiguity may lead to confusion and

divisiveness among the people, and perhaps even physical conflict.8

Written Constitution: Essential Parts

Almost all texts dealing on the topics of constitution, law and Political

Science are in agreement that there are three essential parts of a good written

constitution. These are the following:

1.

The constitution of libertywhich is symbolized by the presence of a Bill

of Rights, elaborates the citizens civiland political rights as well as the limitation

imposed on the side of the government in the regulation of the same. It is found

in Article III (Bill of Rights) of our constitution.


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2.

Reflected in Article VI (Legislative), VII (Executive), VIII (Judiciary), and

IX (Local Government) is the second essential part known as the constitution of

governmentwhose main feature is the outlining of the governmental structure

and the respective powers that they must utilize in the conduct of

administration.

3.

The provisions relating to the procedures on how to institute changes in

the constitution is referred to as the constitution of sovereignty. Article XVII

(Amendments or Revisions) is an exemplary of this part.

Beginnings of the 1987 Philippine Constitution

September 21, 1972 is the dreaded day of the proclamation of Martial

Law courtesy of one of the most infamous head of state in the Philippines

Ferdinand Edralin Marcos. Such declaration was fueled by the various political

upheavals in the Philippine political scene at that time including insurgency

movements of militant groups and the fear of a communist seizure of the duly

constituted government. The Martial Law lasted for about 8 years and was only

lifted in 1981. The growing discontent among Filipinos regarding the rule of

Marcos was heightened when in the year 1983; Sen. Benigno Ninoy Aquino, Jr.

returned from his exile in the United States and was assassinated at the Manila

International Airport. Three years after such heart-breaking murder, Marcos

called for a special snap election which was centered between him and the

widow of NinoyCorazon Cory Aquino. Massive cheating and electoral fraud

characterized the election process in which the final tally of votes expressed the


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victory of the administration. Yet, even though triumph was at hand, the snap

election was one of the major reasons that catapulted the People Power

Revolution of 1986. The withdrawal of the military support for the government

through the acts of high military officials Fidel V. Ramos and Juan Ponce Enrile

led to the downfall of the Marcos Administration.

The worlds attention was gravitated to the Philippines in the year 1986

when the cheapest revolution9 in history was launched in order to overthrow

the infamous regime of Ferdinand Edralin Marcos. The latter was forced to go to

an exile in Hawaii, United States. When Cory was inaugurated as President, her

administration reorganized the entire governmental order and promulgated the

Freedom Constitution that abrogated the operation of the 1973 Constitution.

The Freedom Constitution was the precursor of the 1987 organic law. In the

latter part of the same year, she ordered the formation of a Constitutional

Commission through Proclamation no. 9 to draft a new constitution to legalize

the new government. The regular session of the said commission was held from

June 2 October 15, 1986. It was headed by Cecilia Muoz Palma, the first

woman to be appointed to the Supreme Court of the Philippines, as chairman,

together with Ambrosio B. Padilla as vice-chairman. Napoleon G. Rama served

as floor leader with Jose D. Calderon and Ahmad Domacao Alonto, a muslim

legislator, as assistant floor leaders. Members of the commission came from

different walks of life which encompass such prominent names as former

COMELEC Commissioner Rene Sarmiento, former Associate Justice Florenz


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We, the sovereign Filipino people, imploring the aid of Almighty God, in

order to build a just and humane society, and establish a Government that shall

embody our ideals and aspirations, promote the common good, conserve and

develop our patrimony, and secure to ourselves and our posterity, the blessings of

independence and democracy under the rule of law and a regime of truth, justice,

freedom, love, equality, and peace, do ordain and promulgate this Constitution.

Regalado, former Chief Justice Hilario Davide, Jr., Dean Emeritus of Ateneo Law

School Fr. Joaquin G. Bernas, S.J., award-winningfilm director Lino Brocka, and

notable lawyer Christian Monsod.

After drafting the newly structured and designed fundamental law, the

commission recommended to President Aquino the scheduling of the plebiscite

for the ratification of the proposed code. A three-month period was given for

the people to carefully study and scrutinize such. The plebiscite was scheduled

on the 2nd February, 1987. During the campaign period for the ratification,

Filipinos were quite apprehensivebut eventually, they approved the plebiscite.

The process was a huge success with 76.29% affirming the ratification while

22.74% were on the contrary. The 1987 text is pretty lengthy and wordy which is

composed of eighteen articles. Historical experiences have molded it into its

present form and substance particularly the enormous impact of the Martial Law

Era.

THE PREAMBLE

A Grand Introduction

A book has a preface, a thesis has an abstract, and for the case of the

constitution, there is a preamble. From the Latin word praeambulus meaning


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going in front, this optional part only serves to introduce the organic law. Such

introduction is achieved through its expression of the authors of the document

and their corresponding ideals and aspirations. It must be noted that the

Preamble is not a source of rights, obligations and powers for both citizenry and

government side. But because it sets down the origin, scope, and purpose of

the Constitution, it is useful as an aid in ascertaining the meaning of ambiguous

provisions of the Constitution.10 For a better understanding of the messages

imparted by the Preamble, several distinct partitions will be created and

analyzed.

We, the Sovereign Filipino People. This opening phrase indicates the main

authors of the Constitution. What is unique in this construction is that the first

person point of view was employed through the usage of the word we. This is

very different form the case of the 1935 Constitution wherein the third person

point of view was reflected by the less captivating description The Filipino

people. Fr. Joaquin Bernas, one of the framers of the current organic

document, explained that the third person approach (1935) suggests that

another power (the United States) was merely announcing that the Filipinos

were finally allowed to promulgate a Constitution.11 Hence, The Filipino

people in the 1935 text clearly conjures the situation of the Philippines at that

time being under the hands of another sovereign power and has not achieved

true independence.


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Build a Just and Humane Society. The state and the government being

created by the people themselves must uphold and create a social order that

ensures fairness and greatly values human rights and dignity. The phrase added

the notion that a constitution not merely sets up a government but is also an

instrument for building the larger society of which government is merely a part.14

Establish a Government. This phrase was carried on by both 1935 and 1973

constitutions in their respective preambles. One of the major intentions in

drafting a constitution is to establish a government that would regulate both

internal and external affairs of the state and has complete autonomy in the

eyes of the international community. The Preamble further defines the

purposes15in the establishment of this structure:

1.

Embody our Ideals and Aspirations. This refers to the primary

responsibility of the government in advancing peoples interests and not its own

selfish political agendum because the powers of the same emanates from the

governed per se.

2.

Promote the Common Good. General welfare was used in both 1935

and 1973 texts but it was agreed by the 1986 Constitutional Commission that

common good would supplant it in the new constitution. The rationale is found

in the implication of the former phrase as the greater good of the majority and

not the greater good of all components of society. Thus, good must be

common to all.


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3.

Conserve and Develop Our Patrimony. Patrimony is so extensive

when we speak of its scope since it includes everything that is rightfully owned

by the people both material (resources) and immaterial (customs and traditions)

ones. The government must see to it that these valued belongings of the nation

must be preserved, conserved and developed.

4.

Securing the Blessings of Independence and Democracy. This

particular segment is not totally similar to the 1935 Constitution because the

previous organic laws preamble only mentioned the blessing of

independence in the third person point of view. This scenario suggests the

Philippines status during the American occupation which is still preparing to

accomplish the colossal goal of self-rule. As seen in the current version,

democracy was already inserted in order to mirror the fact that the country is

already a separate and independent state observing the principles of

Republicanism and Democracy. In addition, this phrase is accompanied by the

word posterity to stress out that the securing of the blessings of

independence and democracy extends even up to the eras of the next

generations.

Dannug and Campanilla also emphasized that the government

established must also operate under the following conditions:

1.

Under the Rule of Law. The created medium of the state must fo llow

and be guided by the laws of the land. It bolsters the principle that ours is a


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The national territory comprises the Philippine archipelago, with all the

islands and waters embraced therein, and all other territories over which the

Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial

domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and

other submarine areas. The waters around, between, and connecting the islands of

the archipelago, regardless of their breadth and dimensions, form part of the

internal waters of the Philippines.

government of laws and not of men which means that no person or institution is

above the law.

2.

Under the Regime of Truth, Justice, Freedom, Love, Equality and Peace.

Justice and liberty were enshrined in the 1935 text while peace and

equality were added in the 1973 Constitution. What is new in the 1987

document is the inclusion of the words truth and love. Truth was

incorporated in order to impart to the readers of the Constitution how dismaying

and hateful the acts committed by the previous administration (Marcos) in

plunging the public into the pool of myriad lies. On the other hand, love

symbolized the successful staging of the bloodless revolution against the iron rule

of a dictator.

THE NATIONAL TERRITORY

Territorial Jurisdiction of the Philippines

Territory is one of the four elements of the state and just like the effect of

the decimation of people, destruction of the government, and loss of

sovereignty, without it, the existence of the state would be in huge peril. Thus, it is

important for a state like the Philippines to define the nature, components, and


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scope of its territorial integrity. As expounded by Article 1, the general scope of

the national territory of the Republic of the Philippines includes:

1.

The Philippine Archipelago. It is generally understood that the

Philippine archipelago is the aggregate of the major island groupings namely

Luzon, Visayas, and Mindanao. An archipelago whose etymology originates

from the Greek word pelagos(meaning sea)is composed of several islands or

groups of islands surrounded by water. Tracing the national territory provisions of

the 1935 Constitution, the Philippine archipelago also covers:

a.

The whole Philippine territory ceded by Spain to the United States

of America via the Treaty of Paris which was contracted between the two

parties on the 10thof December, 1898.

b.

Sibutu Islands and Cagayan de Sulu which were clarified by the

Treaty of Washington that was signed on November 7, 1900.

c.

Turtle and Mangsee Islands through the Convention between

the United States of America and Great Britain whose purpose was to delimit the

boundary between the Philippine archipelago and North Borneo. The said

convention was signed on January 2, 1930.

2.

Philippine Waters. Waters in this sense applies to all the water forms

found in the entirety of the territory. Due to the nature of the Philippines as an

archipelagic state, the waters embracing its islands (internal waters) are also

considered as vital parts of its territorial control. Moreover, the term includes the

territorial sea, contiguous zone, and Exclusive Economic Zones (EEZ).


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3.

Other Territories. These other territories over which the Philippines

exercises sovereignty or jurisdiction entail the inclusion of the following:

a.

The islands of Batanes as reflected by the clause all territory

over which the present government of the Philippine Islands exercises

jurisdiction16in the 1935 Constitution.

b.

Those realms belonging to the Philippines based on historical

right or legal title, such as Sabah in Northern Borneo, enshrined in Article 1 of the

1973 fundamental law.

On a more specific perspective, the territorial jurisdiction of the Philippines

is comprised of three kinds of domain namely:

1.

Theterrestrial domain corresponds to the Philippine landmass and land

forms making up the whole archipelago such as mountains, hills, valleys,

volcanoes, islands and islets, etc. Furthermore, this domain embraces the natural

and mineral resources found in (floras and faunas) and below (subsoil) the land

surface.

2.

On the other side, fluvial domain relates to the national waters

enclosed by the archipelagic baseline and the expanse of water located

outside of the same marker. It also incorporates the seabed, the insular shelves,

and other submarine areas.

a.

National waters include the water forms situated within the

Philippine landmass like lakes, falls, rivers, canals, bays and streams as well as the

internal waters identified by the archipelagic doctrine.


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i. Archipelagic Doctrine is a generally accepted principle in

International Law that is being incorporated and can be found in the last part of

the National Territory provision. It states that 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. This doctrine is

usually applicable to those states whose territory is archipelagic in nature such

as the Philippines, Indonesia, and Japan. It solidifies the fact that in the case of

archipelagic states, the islands, even though separated by bodies of water, will

still be treated as a single integral geographical and political unit.17

ii.Straight Baseline Method is the most commonly employed

method in order to determine the territorial baseline. Unlike the normal baseline

method which follows the contours of the landmass, it is done by determining

the outermost points of the archipelago and connecting such points with

straight lines producing an irregular polygon. The waters within the baselines shall

be considered as internal waters; while the breadth of the territorial sea shall

then be measured from the baselines.18

iii. The Constitution treats the waters inside the baseline as

internal waters but International Law through the United Nations Convention on

the Law of the Sea(UNCLOS) considers it as archipelagic waters.

In the eyes of the municipal law, no foreign vessels

can enter the internal waters without the states consent.


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On the other side of the scale, International Law

recognizes that foreign vessels may navigate the archipelagic waters in the

exercise of involuntary entrance only.

Passage is innocent as long as a ship refrains from

engaging in certain prohibited activities which includes but not limited to

weapons testing, spying, smuggling, serious pollution, fishing, or scientific

research.19

Involuntary Entrance refers to emergency scenarios

wherein a foreign vessel enters territorial waters by reason of lack of provisions,

ship is incapable of continuing the voyage, weather disturbances, etc.

b.

Outside the baseline, one can find the territorial sea, the

contiguous zone, the Exclusive Economic Zone (EEZ), maritime areas, and the

open sea.

i. The dimensions and measurements of the first three are also

determined by the UNCLOS, an international agreement which was partaken by

the Philippines as one of the signatory states.

ii.

The territorial sea or watersis about 12 nautical miles from

the baseline. The coastal state exercises full sovereignty and jurisdiction over this

area; yet foreign ships can enter it on account of the right of innocent passage

and involuntary entrance.

iii.

Another 12 nautical miles from the baseline of the territorial

sea is the contiguous zonewhere territorial jurisdiction of the coastal state is not


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absolute. Even though control is limited in this area, the coastal state is still

entitled to prevent infringement of its customs, fiscal, immigration or sanitary

laws and regulations within its territory or territorial sea.20In addition, hot pursuit

can still be conducted in this zone.

iv.

Just like the previous zone, the Exclusive Economic Zoneor

EEZ (about 200 nautical miles from the archipelagic baseline) is also not a solid

component of the national territory of the Philippines. What is significant about

this area is that the coastal state has the right to explore, exploit, conserve, and

manage the natural and mineral reserves as well as install structures and

conduct marine scientific research within its maritime dominion.

v.

Maritime areas include the seabed, the subsoil beneath

the seabed, and the insular shelves which are predominantly found within the

areas of the territorial seas, contiguous zones and the EEZ.

vi.

The high seasalso known as international waters or open

seas are definitely beyond the jurisdiction of the coastal state. No entity owns

such and everyone in the family of nations may traverse it. Accordingly, like air,

it is common to all mankind.21

3.

Lastly, the aerial domain implies the vertical control of the state and

covers the air space directly above the land and waters comprising the territory.

Basically, the state has exclusive and complete control of this domain and from

time to time, may proclaim fly bans resulting to the situation where foreign

aircrafts may not be allowed to land unless there is a prior authorization or


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agreement concluded. Remember that this domain does not encompass the

outer space which, including the moon and other celestial bodies is not subject

to territorial claim by any state. Its nature is comparable to the open seas whose

exploration is completely free.

ENDNOTES


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Chapter 5

Declaration of State Principles and Policies

By John Mark H. Nuncio

The dignity of each human person and the pursuit of the common good are concerns which

ought to shape all economic policies.

-Pope Francis

Leaning Outcome/s:

1. Know the state principles and policies guiding every structure and person within the

Philippine State.

2. Distinguish the difference between state principle and state policy.

3. Explain the non-self-executory nature of state principles and policies.

The concept of the Constitution, the messages contained in the Preamble

and the scope and components of the Philippines national territory was

extensively discussed in the previous chapter. These segments are important

because understanding the nature of the constitution makes us more aware of

its supreme power over the Philippine soil; the Preamble introduces the

objectives, aspirations and ideals hallowed in the fundamental law; and the

provision on the National Territory helps us understand and determine the extent

of the states control with regards to its territorial integrity. In this chapter, another

important component of the Constitution will be uncovered which serves as the

lighthouse of the governmental vessel.

A Brief Reminder

Article II of the 1987 Philippine Constitution is the elaboration of the

principles and policies which are characterized as:


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The Philippines is a democratic and republican State. Sovereignty resides in

the people and all government authority emanates from them.

1.

Must be observed and advanced by the different branches of the

government in the conduct of their affairs and the working out of their

respective functions.

2.

Serves as a reminder to the government that if it cannot uphold these

principles and policies, the purpose of its creation will be defeated.

3.

The present constitutions declaration is quite similar with the nature of

the former two (1935 and 1973) yet the line of differentiation lies in the attempt

of the 1987 text to distinguish the two terms. Principlesare binding rules which

must be observed in the conduct of government whereas policies are

guidelines for the orientation of the state.22

4.

It must also be emphasized that these principles and policies are non-

self-executing in the sense that they normally require legislation or executive

action to reinforce its implementation in the entirety of the state. With reference

to Philippine jurisprudence, an exemption was made concerning Section 16 of

Article II which is now considered a provision that vests a right that can be

invoked by the people.

The discussion regarding Article II would be divided into two sets: the first

six subtopics are the state principles while the rest pertains to the various state

policies.

Republicanism and Democracy


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The concept of republicanism and democracy is enshrined in the first

section of Article II which is accompanied by the striking statement sovereignty

resides in the people and all government authority emanates from them.

Republicanism is a representative form of government in which people

elect their representatives whose primary function is to promote the interests of

their respective constituents. Its salient features are representation and

renovation. In the present text, this was paired with the word democratic

which mirrors the rebirth of democracy after the ousting of the Marcos

Administration from the reins of governance. Democracy is basically defined as

the government of the people, by the people, and for the people. There are

notable manifestations23of a republican and democratic state namely:

1.

Principle of ours is a government of laws and not of men which relates

to that specific arrangement where laws are placed at the highest level of the

governmental hierarchy;

2.

The rule of majority which implies the importance and gravity of the

voice of the greater number in decision making. This can also be seen in the

electoral arena where the victorious one is determined primarily by plurality.

Plurality does not necessarily mean achieving the conditions of majority;

3.

Accountability of public officials reinforced by the common notion in

public governance known as public service is a public trust. These official are

elected by the people; thus, they must bear in mind that their supreme boss will

always by the voting public;


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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.

4.

The existence of a Bill of Rights in the fundamental law in which both

civil and political rights are enumerated and delimits the government in the

intervention of the exercise of the same; and

5.

Observance of the principles of tripartite Separation of Powers, Checks

and Balances, and Blending of Powers. The first principle relates to the three

departments of the government which are delegated with specific powers of

execution, legislation, and interpretation of the laws. Checks and balances is a

corollary principle of the former that refers to the mechanisms by which each

branch can countercheck and correct the mistakes committed by the other

department. Finally, blending of powers corresponds to the reality that the three

branches can share same functions to foster cooperation rather than complete

isolation.

Doctrine of Incorporation

Section 2 is a principle that directly relates to the membership of the

Philippines to the community of nations. Being a part of the international web,

the Philippine state observes the following:

1. Renunciation of war as national policy;

2. Doctrine of incorporation;and

3. Harmonious relationship with othernations.


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In its, traditional sense, war is a contention between two or more states,

through their armed forces, for the purpose of overpowering each other and

imposing such conditions of peace as the victor pleases.24In the past centuries,

war has been an instrument to appease conflicts between states and nations in

the belief that in the conclusion of war, a period of peace would be established

as the triumphant and losing party are identified. In short, it is viewed as a

necessity in solving international disputes. But in the contemporary times, as

proven by historical experience, war is already contemplated as an illegitimate

and detestable act condemned by the family of nations due to the fact that it

can cause large scale destruction not just to the physical structures of the states

but to their human resources as well. Inspired by the Kellogg-Briand Pact, the

1935 Constitution first adopted such policy which was carried over to the 1973

and was continued in the present text. Furthermore, Article 2 of the Charter of

the United Nations provides the prohibition on the usage of force and threat

against the territorial integrity or political independence of the state.25 It

should be noted that there are two general types of war.

1.

War of aggression sometimes called offensive war is when one state, in

its own priorities and interests such as territorial expansion, attacks and

subjugates another state. This type of war can be waged in the light of initiation

or provocation. International law views a war of aggression as illegal and

contrary to the utmost priority of establishing peace and friendlier relations


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among member states of the international community. War of aggression is the

one renounced by our Constitution.

2.

Defensive war is launching a counter-offensive attack against an

aggressive state in order to preserve the existence of the state by invoking its

right of self-defense. A defensive war is justifiable In the eyes of international law

since it is based on the Just War tradition which expresses that the justice of war

are commonly held to be: having just cause, being a last resort, being declared

by a proper authority, possessing right intention, having a reasonable chance of

success, and the end being proportional to the means used.26 The present

Philippine Constitution encourages this war as a means of maintaining the

existence and integrity of the state.

The phrase adopts the generally accepted principles of international law

as part of the law of the land is a reflection of the Doctrine of Incorporation.

Since international law cultivates the amity within the international arena, it is a

well-accepted fact that its tenets do not undermine the well-being and rights of

the member state. Thus, as a good law, it is automatically fused in the body of

the laws of the land. Through this doctrine, local tribunals such as Philippine

courts of justice have applied the principles of international law in a number of

significant decisions over outstanding cases. But it must be remembered that the

relationship between international and municipal laws is not always pacified

because there are also times of conflict involving actual controversies that must

be settled. In case of friction, the state must first extinguish the choice of giving


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"Civilian authority is, at all times, supreme over the military. The Armed Forces of

the Philippines is the protector of 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."

effect to both bodies of rules. But if the worst case scenario happens when one

must choose between the two sides of the coin, it is understood that since

municipal law is the fundamental law of the land, it must be upheld over

international law. This situation merely proves that the latter has no teeth when

interests of the concerned state are compromised.

Civilian Supremacy

Section 3 reflects the intention of the framers to emphasize that thwarted

acts during the authoritarian rule of the Marcos Administration should not be

repeated by clearly wording the rationale of creating an armed forces of the

Philippines. There are three underlying ideas in this provision:

1. The first sentence where the phrase "at all times" can be found only

stresses the fact that being a democratic state in which the people is the prime

source of all sovereignty, militaty authority will always yield to the civilian power.

Unlike authoritarian governments that are characterized by the iron rule of the

militia, the Philippine state only employs military power to overrule the civilian

supremacy in specific times "when civilian auhority has lost its legitimacy."

(Bernas, p. 65)

2. The second statement whose core thesis lies on the phrase "protector of

the people and the state" that entails the optimum role of the armed forces in


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"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."

advancing the general well-being of both the populace and the state and in

the avoidance of committing abuses regarding the exercise of military power.

3. The last statement of the provision corresponds to the necessity of

creating armed forces for the "guardianship of state sovereignty" (Bernas, 65)

and the protection and defense of the territorial jurisdiction of the Philippines in

cases of invasion.

Moreover, civilian supremacy is demonstrated by the situation wherein the

President, a civilian individual, is granted by the Constitution with the necessary

military power as the Commander in Chief of the Armed Forces of the

Philippines.

Duty to Defend the State

Section 4 deals on preserving the existence of the state which should be a

matter of cooperation between the government and the governed most

especially during period of exigencies. The present provision is somewhat

different from the 1973 text since the latter implies that the duty of defending

the state always rests on the government and the people. Due to the regretful

experiences from the Martial Law Era wherein national security measures were

prioritized rather than the sentiments of the people, the framers reconstructed it

in such a way as to elevate the primary duty of the government to serve the


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"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."

multitudes within its territorial jurisdiction. But it further elaborates that at certain

points in time, specifically national emergencies such as the decimation of the

armed forces; it may tap the strengths and capability of the people for the

defense of the state. Hence, citizens would be mandated to render personal

military or civil services.

1.

Personal means that in rendering such services, it must be done

through actual actions and should not employ any other mediums like sending

representatives to do the task. This precludes the hiring by the rich of

mercenariesor professional soldiers to take their place in the defense of the

State.27

2.

Military services refer to functions which are combatant in nature and

require physical appearance in the field and the taking of life using arms.

3.

Civil services cover non-combatant responsibilities such as medical

assistance, preparation of arms, tasks germane to the headquarters, planning,

etc.

The Blessings of Democracy

Section 5 is a principle that relates to the things that must be satisfied by

the state and the government via the three branches namely the executive,

legislative and the judiciary. As long as these identified items are not realized, it

could be considered that the fullness of democracy is still to be grasped. In a


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3.

Article VI (Legislative Department), Sec. 5, Par. 2, which states that the

religious sector has no sectoral representation in congress (party-list scheme);

and

4.

Prohibition on the release of funds or appropriation that would be

dedicated for sectarian benefit courtesy of Article VI , Sec. 29, Par. 2.

Conversely, there are some notable provisions in the fundamental law

that provides for exemptions from this principle:

1.

Churches, parsonages, and other religious structures, used for religious

purposes shall be exempt from taxation specifically real estate tax (Article VI,

Sec. 28, Par. 3);

2.

Appropriation for sectarian benefit in light of the cases of priests

assigned to the armed forces, penal institutions, and other government

operated establishments devoted for social welfare (Article VI, Sec. 29, Par. 2);

3.

Optional instruction of courses or subjects related to religion in public

elementary and high school education institutions as a respect for academic

freedom (Article XIV (Education), Sec. 3, Par. 3); and

4.

Educational institutions must be owned by Filipinos but those which

were established by religious entities are exempted from this rule (Article XIV,

Sec. 4, Par. 2).


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"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."

The Philippines, consistent with the national interest, adopts and pursues a

policy of freedom from nuclear weapons in its territory.

Independent Foreign Policy

Section 7 reiterates the genuine independence that the Philippines has

reached after being under the control of several foreign powers like Spain,

United States of America and Japan in the past. This provision also relates to the

fact that the Constitution reminds the state and the government operating

within in to maintain its political independence and should evade from being

controlled by other states when it comes to its foreign policy stance. Self-rule will

always be upheld by the Philippines as it establishes relations with other states in

the international community and priority should be given in the protection of its

national sovereignty and territorial integrity.

Nuclear-Free Philippines

Since, our country is a part of the community of nations which

advocates for world peace and international harmony and despises the

utilization of nuclear warfare due to its destructive nature, the Philippines

declares itself as nuclear-free state. But this declaration is not absolute since

Section 8 is a janus-faced provision in the sense that it also encourages the

utilization of such if its consistent with the national interest. Hence, its not part of

our national objective to be a nuclear armed state but if future scenarios permit


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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.

us to develop our nuclear capability and program; we can do it in pursuit of the

right to self-existence.

Just and Dynamic Social Order

A just and dynamic social order is a common goal of every state

around the globe mainly because its a determining factor whether a state is

truly independent or not. The forging of the state through peaceful or violent

means is not the terminal point since the individuals who created it must sustain

the power fueling such creation. If a state cannot provide for the needs and

wants of the population, the latter has the right to hate it. Thus, this provision

pertains to the duty of the state and the government to mitigate poverty and

other societal problems which still imprisons the Filipinos even until today.

Strengthening the nationalism that molded the state is the key towards realizing

real freedom.

Social Justice

Social justice is neither communism nor despotism, nor atomism, nor

anarchy, but the humanization of laws and the equalization of social and

economic forces by the State so that justice in its rational and objectively

secular may at least be approximated.29The concept of social justice is based

on the very essence of justice which is described as the giving of what is due to


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Other State Policies:

1. Respect of human dignity and human rights

2. Recognizing the important roles of the family and youth

3. Equality of men and women

4. Promotion of health and ecology

5. Priority to education, science, technology, culture, and the arts

6. Protection of labor

7. Self-reliant and independent economic order

8. Land reform

9. Indigenous cultural communities

10. Independent peoples organization

11. Communication and information in nation-building

12. Local autonomy

13. Equal access to public service

14. Prohibition on political dynasties

15. Honest public service

the person. The policy on social justice strengthens the belief that inequalities

lurking in society must be lessened in order to grasp the goal of justice which

every citizen in a democratic state should enjoy. What is unique about the

provision in the present text is that it does not only cover economic inequalities

but also speaks of political and cultural ones.


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ENDNOTES


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Enumeration of Rights:

1. Due Process

2. Equal Protection

Chapter 6

The Bill of Rights

By Mery Cericel A. Omongos

Human rights are not only violated by terrorism, repression or assassination, but also by unfair

economic structures that creates huge inequalities.

-Pope Francis

Leaning Outcome/s:

1. Understand fully the basic principles of Bill of Rights

2. Differentiate between the different criminal procedures before, during and after trial.

The Three Generations of Human Rights:

1. 1stGeneration Rights

a.The first generation which is the civil-

political rights primarily deals with

individual liberty and how to protect the

individuals from the state. It also promotes norms pertaining to

physical and civil security like no torture, slavery, inhuman

punishments, etc. Civil-political rights have been legitimated and

given status in international law by Articles 3 to 21 of the Universal

Declaration of Human Rights and the 1966 International Covenant

on Civil and Political Rights. xxx

2.

2ndGeneration Rights

a.

This generation relates to the socio-economic which refers to the

government intervention which constitute duties within them. It


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guarantees equal conditions and treatment.xxxi It puts emphasis on

the provision of goods meeting social and economic needs like

shelter, healthcare, education nutrition, work and fair wages, and

also living standard.

3.

3rdGeneration Rights

a.

These rights are those which go beyond the mere civil, social and

political rights. These rights are those which can be enjoyed

collectively. It also refers to the rights of people and groups held

against their respective states align with the final tenet of

fraternity.xxxii

The Bill of Rightsis a statement of the basic rights, liberties and privileges of

the people which the Constitution is designed to protect against

encroachments by the government.

Section 1: No person shall be deprived of life, liberty and property without due

process of law, nor shall any person be denied the equal protection of the laws.

There are two aspects of due process. First is the procedural due

process and second is the substantive due process. Procedural due

process refers to the procedure, method, or manner by which the

law is enforced. The requisites are the following:

1.

There must be a competent court to hear and decide the

matter before it;


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2.

Jurisdiction must be lawfully acquired over the person of the

defendant or over the property which is the subject of the

proceedings;

3.

That the defendant must be given an opportunity to be

heard; and

4.

Judgment must be rendered upon lawful hearing.

Substantive due processrefers to the intrinsic validity of law that interferes

with the rights of a person to his life, liberty, or property.

Classifications of Constitutional Rights

1.

Political Rights it refers to the rights of the citizens to participate to

participate, directly or indirectly, in the administration of the government.

(Right to Vote and be voted).

2.

Civil Rightsthis right refers to which the law enforces to private individuals

for the purpose of securing them of their means of happiness. xxxiiiA civil

right is a right or privilege that can be enforced by an individual. These

rights include freedom of speech, press, and assembly; the right to vote;

freedom from involuntary servitude; and the right to equality in public

places.xxxiv

3.

Social and Economic Rights- it refers to those rights which are intended to

ensure the well-being and economic security of the individual.


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just cause. There is deprivation of propertywhen one was deprived of the used

of his/her own property by means of destroying his/her enjoyment of using those

properties.

Equal Protection of the lawsimply means that mean and women, regardless

of his/her status should be treated alike before the law. It guaranties equality,

not identity of rights. (UP law, bar op review)

Section 2: The right of the people to 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 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

person or things to be seized.

Related Rights:

Section11: Free access to the courts and quasi-judicial bodies and adequate legal

assistance shall not be denied to any person by reason of poverty.

Section 12: Right of a Person under investigation

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


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1. Due Process

2. Equal Protection

3. Rights of the

Accused

to bail shall not be impaired even when the privilege of the writ of habeas corpus is

suspended. Excessive bail shall not be allowed.

Section 14: Rights of a Person Criminally Accused

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 of the use of substandard or inadequate penal

facilities

Section 21: No person shall be twice put in Jeopardy of punishment for the same

offense. If an act is punished by law and an ordinance, conviction or acquittal under

either shall constitute a bar to another prosecution for the same act.

Section 22: No ex post facto law or bill of attainder shall be enacted

When is search and seizure reasonable?

All searches and seizures which are illegal are deemed to be

unreasonable while lawful searches and seizures are reasonable.


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Search Warrant is an order in writing, issued in the name of the People of the

Philippines, signed by the judge and directed to a peace officer, commanding

him to search for personal property and bring it before the court.

Warrant of arrest- is a writ authorizing an officer to arrest or take a person into

custody in order that he may be bound to answer for the commission of an

offense.

Requisites of a valid warrant:

1.

It must be issued upon probable cause;

2.

Probable cause must be determined by the judge himself

3.

Warrant must be issued only after examinations under oath of

affirmation of the complainant and his witnesses; and

4.

Warrant must particularly describe the place to be searched and

the person or things to be seized.

Probable cause- it refers to the antecedent facts and circumstances as will

induce a cautious man to rely upon them in pursuance thereof. It can be

determined by the judged only.

Valid arrest without warrant:

1. When at his presence, the person to be arrested has committed, is

actually committing, or is about to commit a crime.


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2.

When an offense has in fact just been committed and he has personal

knowledge of the facts indicating that the person to be arrested has

committed it; and

3.

When the person to be arrested is a prisoner who has escaped from a

penal establishment or place where he is serving final judgment or

temporarily confined while his case is pending, or has escaped while

being transferred from one confinement to another.

Search and seizures valid without warrant

1.

In case of war or national emergency

2.

If done in the valid exercise of the police power of the state

3.

Routinary searches made at the border or at ports of entry in the interest

of national security and for the proper enforcement of customs and

immigration laws;

4.

Where there is consent or waives of the right against unreasonable search

and seizures;

5. If what is searched and seized is a contraband or article prohibited by

law;

6.

If the search and seizure is incidental to a lawful arrest.

Section 11:

The provision speaks that all persons, regardless of social status are entitled to

equal protection of the laws. In criminal cases, the court is mandated to appoint


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counsel de officio if the accused cannot afford the services of a counsel de

parte.

1.

Counsel de Officio- lawyer free of charge

2.

Counsel de parte- private lawyer not free of charge

Section 12.(a) 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 a

competent and independent counsel preferably of his own choice. These rights

cannot be waved except in writing with the presence of counsel.

(b) 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.

(c) any confession or admission obtained in violation of this or section 17

shall be inadmissible in evidence against him.

(d) 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.

When do rights begin to be available?

It begins when the person is already in custody and during the custodial

investigation initiated by the law enforcing officers.

When the right does ends?

The right ends at the time of the filing of criminal case in the court.

How can these rights be waived?


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The rights can be waved in writing with the presence of counsel.

Effect of the admission or confession obtained in violation of section 12:

Any admission or confession obtained in violation of the preceding

section shall be inadmissible. Justice Frankfurther, in US vs.Nardone once

said, Once the primary source is shown to have been unlawfully

obtained, any secondary or derivative evidence are also inadmissible.

This is not because such confession are likely to be true but rather the act

itself is more on accusing rather that inquiring.

Sanctions for violation:

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 shall be provided for by the law.

Section 13: The Right to Bail

Bail- is a security given for a temporary released of a person who is in the

custody of law with conditions specified in accordance with law.

Reclusion perpetua- entails imprisonment for at least thirty [30] years after

which the convict becomes eligible for pardon.xxxv

What is the purpose of the Bail?

It is to relieve an accused from imprisonment until his final conviction and

to secure his appearance in court.


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When it is available?

Before final conviction of the Regional Trial Court (RTC). However, the

court (RTC) after conviction may, in exercise of its discretion, grant the bail

to the accused where the life or health of the convict may be

endangered by continued confinement pending appeal.

When not available?

1.

The bail is not available to those accused who committed an offense

which is punishable by reclusion perpetua when the evidence of guilt is

strong;

2.

After the judgment has become final; and

3. After the accused has commenced to serve his sentence.

Section 14:

Right to due process of law before conviction

The due process of law requires that the accused must be tried by an

impartial court and competent court which has jurisdiction over the

accused. Then there must be hearings and the accused must be allowed

the use of all legal means to defend himself.

Right to be presumed innocent

In all criminal prosecutions, the accused must be presumed innocent until

the contrary is proved. The accused need not to prove that he is innocent

of the crime he is charged but the burden lies to whom who alleges who

must prove that the accused is guilty beyond reasonable doubt.


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Right to be heard

The accused shall enjoy the right to be heard by himself and counsel.

Depriving him of such right is denial of due process.

Right to be informed of the nature and cause of accusation

It is the right of the accused to be informed of the nature and the cause

of the crime filed against him for the accused to know for what cause

and of what nature he is being charged. This is done during the

arraignment in an open court by the judge and by giving him a copy of

the complaint or information with the list of witnesses.

Right to have a speedy, impartial and public trial

The accused should be given a trial which is free from unreasonable

delays which should be conducted by a judge who is absolutely neutral

and no bias.

Public Trialrefers to a trial which is open to the public.

Right to confrontation of witnesses

The accused has the right to meet the witness face to face for him to

inspect their credibility and the accuracy of their testimonies.

Right to compel attendance of witnesses

Under the Constitution, the accused is entitled to have subpoena

testificandum and subpoena ducestecumfor the purpose of compelling

the attendance of the witnesses for the former and the production of

evidences for the latter.


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Section 15: The privilege of the writ of habeas corpus shall not be suspended

except in cases of invasion or rebellion when public safety requires it.

Writ of Habeas Corpus- is an order in writing issued by a court of competent

jurisdiction, addressed to the person detaining another, directing him to bring

the person being detained at a designated time and place, and to show

sufficient cause of the detention. Thus, the primary function of the writ is to

release a person from unlawful detention.

Suspension of the writ of Habeas Corpus:

1.

In case of invasion;

2.

Rebellion when public safety requires it.

Section 16:All persons shall have the right to speedy disposition of their cases

before all judicial, quasi-judicial, or administrative bodies.

The Constitution guarantees the right for every person to have a speedy

trial.

Section 17:No person shall be compelled to witness against himself.

1.

Any confession or admission obtained in violation section 17 hereof shall

be inadmissible in evidence against him.xxxvi

Privilege against self-incrimination:

1.

This is to protect the accused form giving testimonies which could be used

against him in any criminal proceedings. It covers only testimonial

incrimination obtained compulsorily.


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2.

The privilege is based on the constitutional ruling that no person shall be

compelled to witness against himself.

3.

The privilege covers handwriting in connection with prosecution for

falsification, for this involves the use of the mental processxxxvii(Exception:

Physical or mechanical act. In the following cases, the accused can be

compelled to produce the following by which the result can be used as

evidence against him:

1.

Accused is fingerprinted

2.

Accused is compelled to be measured or photographed or to

remove his garments or shoes

3. Footprint

4.

Discharge a morphine from his mouth

5.

A woman accused of adultery is compelled to have her body

examined by physicians to determine if she is pregnant.

Section 21:

Double Jeopardy means putting person twice in danger of being prosecuted

again for the same offense.

The Right against double jeopardyprohibits the prosecution again if any person

for a crime of which he has previously been acquitted or convicted or the case

has been dismissed or otherwise terminated without his express consent, the

accuses cannot again be charged with the same offense.


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3.

A law which imposes heavier or greater punishment when it was not at

the time it was committed;

4.

A law which alters the rules or evidence and receives less or different

testimony than the law required at the time it was committed in order

to convict the offender; and

5.

A law which deprives the accused of some lawful protection to which

he has become entitled, such as amnesty granted by a previous law.

Bill of Attainder refers to a legislative act which inflicts punishment of a crime

without the benefit of trial.

Section 3: (1) The privacy of communication and correspondence shall be

inviolable except upon lawful order of the court, or when public safety or orders

requires otherwise as prescribed by law.

(2). any evidence obtained in violation of this or the preceding article

shall be inadmissible for any purpose of the proceeding.

General rule:

That the person may communicate and corresponds with each other

without the state interfering them. Opening of mails, emails, text

messages, tapping of telephone calls are clear violation of the persons

right to privacy of communication and correspondence.


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1. Due Process

2. Equal Protection

3. Rights of the

Accused4. Freedom of

Expression

Exception to the general rule:

1.

Upon lawful order of the court.

2.

When public safety or order requires it as prescribed by law.

Effect of evidence illegally obtained:

Any evidence obtained in violation of the right of privacy of

communication and correspondence is inadmissible for any purpose in

any proceedings.

Section 4.No law shall be passed abridging the freedom of speech, of

expression, or of the press, or the right of the people peaceably to assemble

and petition the government for redress grievances.

Related Rights:

Section 7: Right of people to information on matters of

public concern shall be recognized.

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.


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Scope of Protected Freedom:

As provided in the Constitution, the protected freedom includes freedom of

speech, freedom of the press, right of assembly and petition, and right to form

associations or societies not contrary to law.

Speech includes any form of oral utterances.Expressioncovers physical gestures

and bodily movements and presscovers any kind of publications like magazine,

newspaper, books, periodicals, etc.

Limitations:

1.

The Freedom of Expression is not absolute. It should be exercised within

the bounds of laws enacted for the promotion of social interest and the

protection of other equally important individual rights.

2.

Laws against obscenity, libel, slander, right to privacy of an individual, right

of the government to be protected from any seditious attacks, fighting

words.

3.

In exercise of police power of the state to promote or protect the public

welfare.

Section 7: Right to information

Scope:access to the following records:

1. Official records


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Enumeration of

Rights:

1. Due Process

2. Equal

Protection

3. Rights of the

Accused

4. Freedom of

Expression

5. Freedom of

Religion

2.

Public documents and papers pertaining to official act, transactions

or decisions

Limitations:

1.

As may be provided by law. (Confidential records involving the security of

the State)

Section 8:Right to association

This is to enable individuals to engage in activities pursuing common objectives

which are permissible under conditions set by law. However, this right is subject

to limitations under the police power of the state as long as it is not contrary to

law.

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.

Religious Freedom pertains to the right of the individual to worship God

according to the dictate of his/her conscience or not to worship Him at all.

Rooted in the separation of Church and State (as reflected in the Constitution),


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the clause prohibits excessive government entanglement with, endorsement or

disapproval of religion.xxxix

Freedom of Religion has the following Constitutional Guarantee:

No law shall be made respecting an establishment of religion. Therefore, it would

be unconstitutional to enact a law:

1.

Establishing a State Religion

2.

Setting up a church of the State

3.

Prohibiting the establishment of a Church

4.

Punishing a person by reason of religious belief

5.

Prohibiting the exercise of religion

The free exercise and enjoyment of religious beliefs and worship shall forever be

allowed. No law shall be made prohibiting the free exercise thereof.

Elements of Religious Freedom:

1.

Freedom to belief which is absolute.

2.

Freedom to act on ones belief is not absolute subject to the

regulation of the State.

Section 6.The liberty of abode and of changing the same within the limits

prescribed by law shall not be impaired except upon lawful order of the court.

Neither shall the right to travel be impaired except in the interest of national

security, public safety, or public health, as may be provided by law.


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1. Due Process

2. Equal Protection

3. Rights of the

Accused

4. Freedom of

Expression

5. Freedom of

Religion

6. Liberty of Abode

and Travel

Article 13 (2) of the Universal Declaration of Human

Rights emphasized that everyone has the right to

leave any country, including ones own and return to

that country. Thus, Liberty of travel is the right of a

person to travel or go to places where he wills to go

to.

Limitations:

1.

Upon lawful order of the Courts

2.

In the interest of national security, public safety, or public health, as may

be provided for by law.

Section 9: Private property shall not be taken for public use without just

compensation

Section 9 speaks of the Power of Eminent Domain being one of the inherent

powers of the State which includes the following requisites namely:

1.

Taking of private property

2.

For public use

3. With just compensation

4.

Upon observance of due process

There is taking when the expropriator enters a private property thus depriving

the owner of his beneficial enjoyment of his property.xlThere is public use when

the taking is made for public purpose, welfare and public benefit. Whatever


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1. Due Process

2. Equal Protection

3. Rights of theAccused

4. Freedom of

Expression

5. Freedom of

Religion

6. Liberty of Abode

and Travel

7. Non-impairment

of contract

may be beneficially employed for the general welfare satisfies the requirement

of public use.xliThere is just compensation when there is fair market value of the

private property taken by the government. Though the non-payment of just

compensation does not give the owners the right to recover, however, the

private owners can demand the government for the payment of the fair market

value of the property.xlii

There is observance of due process in the taking of private property when

the owner of the private property was given of his right to be heard on the issues

whether the property to be taken will be used for public and whether he/she will

be paid on a just compensation.

Section 10: No law shall be made impairing the obligation of contract.

1.

The Civil code defines contract as a meeting

of minds between two persons whereby one

binds himself, with respect to the other, to give

something or to render some service. (Article

1305)

2. The purpose of this article is to safeguard the

integrity of valid contractual agreements

against the unwanted interference of the State.

3. There is impairment when a party is deprived of the benefits of the

contract; when a stature alters the terms and conditions of the contracts

by adding new duties, terms or lessening the burdens of ones party.


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1. Due Process

2. Equal Protection3. Rights of the

Accused

4. Freedom of

Expression

5. Freedom of

Religion

6. Liberty of Abode

and Travel

7. Non-impairment

of contract

8. Freedom from

Involuntary

Servitude

4.

However, notwithstanding with its validity, a contract may be impaired

when a law passed is a proper exercise of police power, it will prevail over

contract. This is because public welfare is always superior to private

rights.xliii

Section 18: (1) No person shall b

POLSCI HANDOUTS ACH Chapters 4 6

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