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XAVIER UNIVERSITY ATENEO DE CAGAYAN

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 law
of 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 constitution
5
as 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 form namely 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 constitution is usually the organized
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one while the unwritten consists 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, evolved is 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 rigid one 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 capability to provide
answers or solutions for every contingency.
2. Brevity implies 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.
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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 liberty which is symbolized by the presence of a Bill
of Rights, elaborates the citizens civil and 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
government whose 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 revolution
9
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 2
nd
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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During the euphoria of imperialism, the term Filipino does not apply to
the natives of the Philippines. The Spanish colonization has founded a social
stratification where natives were placed at the bottom of the social ladder while
pure-blooded Spaniards (peninsulares and insulares) and mestizos are situated
in a much higher position. These groups were regarded as Filipinos while the
natives were branded as indiosa moniker that signified racial discrimination.
It is incredible to know that the framers of the 1973 and 1987 Constitution
visualized the commonality among us; that we are one homogenous body and
truly Filipinos by heart.
Imploring the Aid of Almighty God.In both 1935 and 1973 texts, this phrase
is worded as Imploring the guidance of the Divine Providence as a form of
respect to the the religious freedom of every person situated in the Philippine
archipelago including non-believers. During the deliberations of the 1986
Constitutional Commission, it was decided that guidance would be replaced
by aid since the latter is a more all-embracing term
12
compared to the
former. Divine Providence also yielded to Almighty God due to the
realization that the latter implies greater intimacy regarding our relationship with
the Divine and is considered as more consonant with Filipino religiousity.
13

Basically, this part of the preamble creates a remarkable picture on how we
value the role of the Omnipotent as the rudder leading us to our outstanding
glories and destinies in life.
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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
purposes
15
in 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 follow
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 10
th
of 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
jurisdiction
16
in 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. The terrestrial 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 waters is 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 zone where 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.
20
In addition, hot pursuit
can still be conducted in this zone.
iv. Just like the previous zone, the Exclusive Economic Zone or
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 seas also 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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23
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. Principles are 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 manifestations
23
of 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.
24
In 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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"The Separation of Church and State shall be inviolable."
democratic state like ours, importance is given in the attainment of peace and
order so that the inherent human rights to life, liberty and property would be
safeguarded from abuse and guided in terms of exercising them. In addition,
the advancement of the general welfare is highlighted by this section which
pertains not just to the welfare of the majority but to the welfare of the state as a
whole.
The Wall of Separation
Section 6 is the last state principle that speaks of the formation of a wall
that evidently delineates the borders between governmental or secular matters
from the religious or ecclesiastical domain, vice versa. The wall itself is not
promoting complete isolation or hostility for the two parties. Accordingly, the
state recognizes still recognizes the church and religion as tools to uplift the well-
being of the people.
28
Human beings couldnt be separated from God and the
state being a creation of man, would also be inseparable from Him. The
Separation of Church and State is reinforced by the following constitutional
provisions:
1. The Freedom of Religion clause found in Article III (Bill of Rights), Sec. 5;
2. Prohibition on the registration of religious sects as political parties
enshrined in Article IX-C (Commission on Elections), Sec. 2, Par. 5;
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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.
29
The 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. 1
st
Generation 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. 2
nd
Generation 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. 3
rd
Generation 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 Rights is 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 process refers 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 Rights this right refers to which the law enforces to private individuals
for the purpose of securing them of their means of happiness.
xxxiii
A 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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4. Rights of the accused - it refers to those rights intended for the protection
of a person accused of any crime. These rights include the right to be
heard, rights against self-incrimination, right to legal assistance, etc.
Definitions:
Person- it embraces both natural and human being as well as legal,
juridical or artificial being or one created by the operation of law such as
partnership or corporation.
Life- implies more than mere animal existence. The inhibition against it
deprivation extends to all those limbs and faculties to which the life is
enjoyed (Justice Field, 1877).
Liberty- right to freedom of movement. The right of the citizen to be free
from mere physical restraint. The right to be free, to live and work where
he wills to earn his livelihood by any lawful calling. However these rights
are subject to restrictions and limitations as may be provided for by law.
Property anything which is or may be the object of appropriation. It
includes the right to acquire, own, hold, use, enjoy, manage, pledge,
mortgage, sell, or otherwise transfer it or even destroy it subject to the right
of the State and other persons.
There is deprivation of life when one loss any part of his body such as arm,
leg, nose, brain, ear and any other parts of the body both external and internal.
There is deprivation of liberty when a person was imprisoned or detained without
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just cause. There is deprivation of property when 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 law simply 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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Enumeration of Rights:

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 Trial refers 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 process
xxxvii
(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 jeopardy prohibits 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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Requisites of Double Jeopardy:
The accused is placed in double jeopardy if the following conditions are
present:
1. There must be a valid complaint or information;
2. Filed before a competent court with jurisdiction over the case;
3. To which the defendant had pleaded; and
4. Of which he had been previously acquitted or convicted or which was
dismissed or otherwise terminated without his express consent.
xxxviii

Section 22:
Ex post Facto law pertains to a law which takes effect retroactively and the one
that would make a previous act criminal although it was not at the time it was
committed.
Characteristics of an Ex post Facto law:
1. The law must refer to criminal matters;
2. Retroactive in its application;
3. To the prejudice of the accused.
A law is ex post facto if:
1. A law makes an act criminal and punishable although it was not at the
time of the commission;
2. A law which aggravates a crime, or makes it greater than it was when
committed;
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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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Enumeration of Rights:

1. Due Process
2. Equal Protection
3. Rights of the
Accused
4. 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. Expression covers physical gestures
and bodily movements and press covers 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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Enumeration of Rights:

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.
xl
There is public use when
the taking is made for public purpose, welfare and public benefit. Whatever
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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
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.
xli
There 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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Enumeration of Rights:

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
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 be detained solely by reason of his political beliefs
and aspirations.
(2) No involuntary servitude in any form shall
exist except as a punishment for a crime whereof the
party shall have been duly convicted.
It is true that no one should be detained solely by
reason of political beliefs for belief only exists only in
mind and it is guaranteed in the Constitution that the
Freedom to belief if absolute. However, limitation
comes in if the belief will be transmitted into
actualization that violates existing laws.
Involuntary Servitude refers to the condition of one who is compelled by force,
coercion, or imprisonment, and against his will for another, whether he is paid or
not.
xliv
The concept includes the following:
1. Slavery- the state of entire subjection of one person the will of
another.
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2. Peonage- it is a system by which a debtor who cannot pay their
debts are forced are forced to render personal services to their
creditors in payment of their debts.
Exceptions of Involuntary servitude:
1. When it is a punishment for a crime whereof the party shall have
been duly convicted.
2. When citizens are required, under conditions provided for by law, to
render personal military or civil service.
xlv

Penalties or punishment prohibited by the Constitution:
1. Imposition of excessive fines
2. Infliction of cruel, degrading or inhuman punishment
3. Imposition of death penalty except in cases when congress, for
compelling reasons involving heinous crimes provided for it.
A fine is excessive when it exceeds that limit prescribed by law.
A punishment is cruel, degrading and inhuman when it involves a
deliberate design to increase the suffering of the prisoner.
xlvi
That
when the punishment brings dishonor or humiliation or disrespect to
the victims.
Heinous Crime refers to crimes which offenses involved great injury or offensive
or shocking, such as child abuse, rape, murder, treason, robbery with homicide,
parricide etc.

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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
6. Liberty of Abode
and Travel
7. Non-impairment
of contract
8. Freedom from
Involuntary
Servitude
9. Non-
imprisonment for
non-payment of
debt

Section 20: No person shall be imprisoned of debt or non-payment of poll tax.
Debt
1. Refers to any civil obligation arising from
contract expressed or implied.
xlvii
It also
includes even debts obtained through fraud
since no distinction is made in the Constitution
(Ganaway v. Quillen)
xlviii

2. The Constitution provides that no person shall
be imprisoned for non-payment of debt, thus,
a person who contracted a loan should not
be imprisoned for non-payment thereof and
the proper remedy should not be criminal
prosecution but a civil action for the recovery
thereof.
Poll Tax (residence tax)
Defined as specific fixed sum levied upon every person belonging to a
certain class without regard to his property or occupation.

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ENDNOTES

1
Isagani Cruz, 2007, Constitutional Law, (Quezon City: Central Book Supply, Inc.), p. 1.
2
Isagani Cruz, 2007, Constitutional Law, (Quezon City: Central Book Supply, Inc.), p. 3.
3
Justice Millers definition, as cited in Ricardo S. Lazo, 2009, Introduction to Political Science,
(Manila: Rex Book Store), p. 56.
4
11 Am. Jur. 606, as cited in Antonio B. Nachura, 2006, Outline Reviewer in Political Law, (Quezon
City: VJ Graphics Art Inc.), p. 2.
5
Roman R. Dannug and Marlo B. Campanilla, 2004, Politics, Governance and Government with
Philippine Constitution, (Quezon City: C & E Publishing), p. 249.
6
As reflected in the landmark case of Marcos vs. Manglapus (177 SCRA 669).
7
Isagani Cruz, 2007, Constitutional Law, (Quezon City: Central Book Supply, Inc.), pp. 4-5.
8
Isagani Cruz, 2007, Constitutional Law, (Quezon City: Central Book Supply, Inc.), p. 6.
9
Corazon Aquino, Restoring Democracy by the Ways of Democracy,
<http://www.coryaquino.ph/index.php/works/article/353b89aa-f2dc-11df-b3cf-001617d76479>,
accessed 16 May, 2014.
10
Joaquin G. Bernas, SJ, 2009, The Constitution of the Republic of the Philippines: A Commentary,
(Quezon City: Rex Printing Company, Inc.), p. 4.
11
As cited in Roman R. Dannug and Marlo B. Campanilla, 2004, Politics, Governance and
Government with Philippine Constitution, (Quezon City: C & E Publishing), p. 265.
12
Joaquin G. Bernas, SJ, 2009, The Constitution of the Republic of the Philippines: A Commentary,
(Quezon City: Rex Printing Company, Inc.), p. 2.
13
Joaquin G. Bernas, SJ, 2009, The Constitution of the Republic of the Philippines: A
Commentary, (Quezon City: Rex Printing Company, Inc.), p. 3.
14
Joaquin G. Bernas, SJ, 2009, The Constitution of the Republic of the Philippines: A Commentary,
(Quezon City: Rex Printing Company, Inc.), p. 3.
15
As cited in Roman R. Dannug and Marlo B. Campanilla, 2004, Politics, Governance and
Government with Philippine Constitution, (Quezon City: C & E Publishing), p. 269.
16
Article 1 (National Territory), Section 1 of the 1935 Philippine Constitution.
17
Aruego, 1975, as cited in Roman R. Dannug and Marlo B. Campanilla, 2004, Politics,
Governance and Government with Philippine Constitution, (Quezon City: C & E Publishing), p.
169.
18
Antonio B. Nachura, 2006, Outline Reviewer in Political Law, (Quezon City: VJ Graphics Art
Inc.), p. 27.
19
Robin R. Churchill, Law of the Sea, updated 23 September, 2013,
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<http://www.britannica.com/EBchecked/topic/530433/Law-of-the-Sea#ref913545>, accessed
15 May, 2014.
20
Section 4 (Contiguous Zone), Article 33. UNCLOS Part II
<http://www.un.org/depts/los/convention_agreements/texts/unclos/part2.htm>, accessed 2
May, 2014.
21
Coquia and Santiago, as cited in Roman R. Dannug and Marlo B. Campanilla, 2004, Politics,
Governance and Government with Philippine Constitution, (Quezon City: C & E Publishing), p.
174.
22
Joaquin G. Bernas, SJ, 2009, The Constitution of the Republic of the Philippines: A Commentary,
(Quezon City: Rex Printing Company, Inc.), p. 37.
23
Antonio B. Nachura, 2006, Outline Reviewer in Political Law, (Quezon City: VJ Graphics Art
Inc.), p. 64.
24
Roman R. Dannug and Marlo B. Campanilla, 2004, Politics, Governance and Government with
Philippine Constitution, (Quezon City: C & E Publishing), p. 367.
25
Antonio B. Nachura, 2006, Outline Reviewer in Political Law, (Quezon City: VJ Graphics Art
Inc.), p. 71.
26
Alexander Moselely, Just War Theory,
<http://www.iep.utm.edu/justwar/>, accessed 12 May, 2014.
27
Isagani Cruz, 2007, Constitutional Law, (Quezon City: Central Book Supply, Inc.), p. 56.
28
Roman R. Dannug and Marlo B. Campanilla, 2004, Politics, Governance and Government with
Philippine Constitution, (Quezon City: C & E Publishing), p. 383.
29
Calalang vs. Williams, 70 Phil. 726, as cited in Isagani Cruz, 2007, Constitutional Law, (Quezon
City: Central Book Supply, Inc.), p. 66.
xxx
http://www.globalization101.org/three-generations-of-rights/
xxxi
http://www.globalization101.org/three-generations-of-rights/
xxxii
http://www.globalization101.org/three-generations-of-rights/
xxxiii
http://philgovernment.blogspot.com/2009/12/classification-of-constitutional-rights.html
xxxiv
http://civilrights.uslegal.com/#sthash.iMTZQIP0.dpuf
xxxv
People vs. Baguio, April 30, 1991, 196 SCRA 459
xxxvi
Art. III, Sec 3 (3), 1987 Constitution.
xxxvii
Beltran v. Samson, 53Phil 570; Bermudez v. Castillo, 64 Phil. 485 (1937)
xxxviii
People v. Ylagan, supra; People v. Obsania, infra; People v. City Courts of Silay, infra.
xxxix
Victoriano vs Elizalde Rope Workers Union, 59 SCRA 54, 1974
xl
Republic vs. Castelvi
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xli
Heirs JuanchoArdona v. Reyes, 123 SCRA 220
xlii
(Republic v. CA, G.R. 146587)
xliii
PNB v. Remigio, G.R. 78508, March 21, 1995
xliv
State vs. West, 42 Minn. 147;43 N.W. 845
xlv
Isagani Cruz, Constitutional Law, 2007 edition, Central law Bookstore. Pp 280-281
xlvi
Isagani Cruz, Constitutional Law, 2007 edition, Central law Bookstore. p 352
xlvii
Isagani Cruz, Constitutional Law, 2007 edition, Central law Bookstore. p 276
xlviii
42 Phil. 805.