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CLASSIFICATION OF LAW
a. Definition of Law

 2. Positive Law a) Divine Law 

A.) In its GENERIC sense (Divine Positive Law and Divine

 Human Positive Law)

“Law is defines as the science of moral laws based on the
rational nature of man, governing his free activity for the b) Public Law 

realization of his individual and social ends, demandable 

i. Constitutional Law - the
and reciprocal.”
fundamental law of the land
which defines the powers of the
“Law means any rule of action or norm of conduct government

applicable to all kinds of action and to all objects of 

creation. In includes all laws, whether they refer to state ii. Administrative Law - that
law, physical law, divine law, and others.” law which fixes the organization
and determines the competence
“Law is a system of principles and rules of human of the administrative authorities
conduct, being the aggregate of those commandments and and which regulates the methods
principles which are either prescribed or recognized by by which the functions of the
the governing power in an organized jural society as its government are performed


will in relation to the conduct of the members of such
iii. International Law - body of
society, and which it undertakes to maintain and sanction rules which regulates the
and to use as the criteria of the actions of such members.” community of nations


 

B.) In its STRICT sense iv. Private Law - body of rules
which creates duties, rights and
Law is a rule of conduct, just and obligatory, laid obligations, and the means and
down by legitimate authority for common observance methods of setting courts in
and benefit. (Sanchez Roman, 23)
 motion for the enforcement of a

 right or a redress of wrong.


Law is an ordinance of reason promulgated by
KINDS OF PRIVATE LAW

competent authority for the sake of common good. (St. 

Thomas Aquinas)
 • Substantive Private Law -

 those rile which declare legal
- It must be REASONABLE or based in relations of litigants when the
REASON and not merely in the will of legislator. It is for courts have been properly
COMMON GOOD because the end of the LAW is the moved to action upon facts duly
good of the community. It binds and not merely the good presented to them.

of the lawmaker or a special interest group.
 

• Procedural or Adjective
Private Law - refers to the
CLASSIFICATION OF LAW means and methods of setting
the courts in motion, making the
1. Natural Law a) Physical Law - facts known to them and
universal rule of action effectuating their judgments.
that governs the conduct 

and movement of things 

which are non-free
material
 


 

b) Moral Law - set of
rules which establishes 

what is right and what is
wrong as dictated by the
human conscience and as
inspired by the eternal law.
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c. There must be a number of repeated acts and
these repeated acts must have been uniformly performed.
SOURCES OF LAW d. There must be a judicial intention to make a
rule of social conduct.

1. Legislation e. A custom must be acknowledged and approved
by society through long and uninterrupted usage.
2. Precedent
4. COURT DECISION - judicial decisions which apply
3. Custom or interpret the Constitution and the laws are part of the
4. Court Decision legal system in the Philippines but they are not laws.
They are evidence of the meaning and interpretations of
the laws.
1. LEGISLATION - a law passed by a legislative body
(Congress); specifically, legislation enacted by any
lawmaking body. It applies to all persons within the HIERARCHY OF LAW
jurisdiction of the legislative body acting on them.
Constitution
Upon the imposition of Martial Law and after the Statutes
dissolution of Old Congress, the power to legislate law is
vested in the President of the Philippines. This is the Implementing Rules and Regulations (IRRs)
reason why the President issued presidential decrees and
letter of instruction. When Batasang Pambansa was Jurisprudence
organized, legislative power is principally vested in this
body although the President, under and by virtue of 1. CONSTITUTION - the Supreme Law of the land;
Amendment No. 6. basic paramount to which all other laws must conform
and to which all the persons, including the highest
Amendment No. 6 - the president may continue officials of the land must defer.

to issue decrees when the exigency of the situation 

requires and in case of other emergency. - It is created by the sovereign people through the
ratification process; it defines the power of the entities
Today, only the Congress (the House of the and the limits of that power
Representative and the Senate) can legislate laws under
the operating doctrine of separation of powers. 2. STATUTE - a written law passed by a legislative body
usually by the Congress.
2. PRECEDENT - rule or principles enunciated by a
court of competent jurisdiction on a question of law do 3. IMPLEMENTING RULES AND REGULATIONS
not only serve as guides but also as authority to be (IRRs) - written by agencies in the Executive branch to
followed b all other courts of equal or inferior jurisdiction put a statute into force.
in all cases involving the same question until the same is
overruled or reversed by a superior court. • In administrative law, rule-making is the process that
executive and independent agencies use to treat or
3. CUSTOM - the practices and usages of district promulgate regulations.
community have the force pf law only when they are
acknowledged and approved by society through long and 4. JURISPRUDENCE - from the Latin term
uninterrupted usage. jurisprudentia, meaning the study, knowledge of science
of law.
In the Philippines, there are several requisites
before the court considers custom. They are as follows: - It includes doctrines formulated by the decisions
of the Supreme Court that amplify and supplement the
a. A custom must be proved as a fact according written law.
yo the rules of evidence (Art. 12, NCC)

b. The custom must not be contrary to law. (Art.
11, NCC).

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b. Elements of Law (Characteristics) - In case of doubt, the judge should presume that
“the lawmaking body intended right and justice to
A.) RULE OF CONDUCT
 prevail.”


- Laws serves as guides of an individual in relation to his - Art. 10 is necessary so that it may tip the scales
fellowmen and to his community
 in favor or right and justice when the law is doubtful or

 obscure.
1. Art. 5 (1), Revised Penal Code in
relation to nullum crimen nulla poena sine 2. Art. 5 (2), Revised Penal Code and R.A.
lege
 9344 in relation to dura lex sed lex

 

Nullum crimen nulla poena sine lege – there is no Dura lex, sed lex – The law is harsh but it is the law.
crime of there is no law that punishes the act.


ART. 5 (2), RPC. In the same way, the Court shall


ART. 5 (1), RPC. Duty of the court in connection submit to theChief Executive, through the Department
with acts which should be repressed but which are of Justice, such statement as may be deemed proper,
not covered by law, and in cases of excessive without suspending the execution of the sentence,
penalties. – 
 when a strict enforcement of the provisions of this

 Code would result in the imposition of a clearly
Whenever a court has knowledge of any act which it excessive penalty, taking into consideration the degree
may deem proper to repress and which is not of malice and injury caused by the offense.
punishable by law, it shall render the proper decision,
and shall report to the Chief Executive, through the
Department of Justice, the reasons which induce the
court to believe that said act should be made the - The duty of the Court is to interpret and apply laws
subject of penal legislation.
 regardless of the manner their judgments are executed or
of their private opinion.

- The Court is to render the proper decision, which is the
R.A. 9344: Section 1. Short Title and Scope. – This Act
dismissal of the case, and it should state in its
shall be known as the “Juvenile Justice and Welfare Act
recommendation to the Chief Executive, through the
of 2006.” It shall cover the different stages involving
Secretary of Justice, stating the reason why the act should
children at risk and children in conflict with the law from
be made the subject of penal legislation. This provision is
prevention to rehabilitation and reintegration.
based on the legal maxim nullum crimen nulla poena
sine lege, that is there is no crime of there is no law
- Republic Act No. 9344 or the “Juvenile Justice and
that punishes the act.
Welfare Act” defines the Juvenile Justice and Welfare
System as a system dealing with children at risk and
B.) JUST
 children in conflict with the law, which provides child-
appropriate proceedings, including programs and services
- Laws, as guides for human conduct, should run
as golden threads through society, to the end that law may for prevention, diversion, rehabilitation, re-integration
approach is supreme ideal which is the sway and and aftercare to ensure their normal growth and
dominance of justice. development.

- As defined in R.A. No. 9344, “Child” is a person under
1. Art. 10, New Civil Code

the age of eighteen (18) years. “Child in Conflict with the
Law” or CICL on the other hand refers to a child who is
ART. 10, NCC. In case of doubt in the interpretation alleged as, accused of, or adjudged as, having committed
or application of laws, it is presumed that the an offence under Philippine laws.

lawmaking body intended right and justice to prevail.
 

- A child can commit an act or omission whether
- The first duty of the judge is to apply the law – punishable under special laws or the amended Revised
whether it be wise or not, whether just or unjust – Penal Code which is referred to as an “offence”. Under
provided that the law is clear, and there is no doubt. 
 Republic Act 10630, offences which only apply to a child
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and not to adults are called “status offences”. These shall C. OBLIGATORY

not be considered as offences and shall not be punished if
committed by a child. Examples of status offences - If laws are not enforced, the purpose for which they are
include curfew violations, truancy, parental disobedience intended will not be served.

and the like. 


 1. Dura Lex, Sed Lex

- The main features of R.A. No. 9344 are the diversion
and intervention programs. During the diversion process, - The law is harsh, but it is the law. It follows from the
the responsibility and treatment of CICL will be principle of the rule of law that even draconian laws must
determined on the basis of his/her social, cultural, be followed and enforced; if one disagrees with the result,
economic, psychological or educational background one must seek to change the law.
without resorting to formal court proceedings. If the
CICL is found to be responsible for an offence, he will be 2. Art. 3, New Civil Code in relation to
required to undergo diversion programs without resorting Art. 12 (1) (2) (3), Revised Penal Code

to formal court proceedings. During the intervention
programs on the other hand, they will undergo a series of
ART. 3, NCC. Ignorance of the law excuses no one
activities to address issues that caused them to commit an
from compliance therewith.
offence. These may take the form of counseling, skills
training, and education. 


 - Article 3 is similar to Latin maxim ignoratia legis
- R.A. No. 9344 likewise raises the age of criminal non excusat or “ignorance of the law excuses no one.”

responsibility from nine years of age under Presidential 

Decree 603 to a minimum of 15 years old. CICLs aged 15 - It applies to all kinds if domestic laws, whether civil or
and above are also exempted from criminal liability penal, and whether substantive or remedial on grounds of
unless the prosecution proves that they acted with expediency, policy, and necessity to prevent evasion of
discernment — the capacity to distinguish right from the law. However, the maxim refers only to mandatory or
wrong. These child offenders are also afforded all the prohibitive laws not to permissive or suppletory laws.
rights of a CICL until he/she is proven to be eighteen (18)
years old or older under the “presumption of minority”
ART. 12, RPC. Circumstances which exempt from
rule. In all proceedings, law enforcement officers, criminal liability. — the following are exempt from
prosecutors, judges and other government officials criminal liability:

concerned are mandated to exert all efforts at determining 

the age of the CICL. 1. An imbecile or an insane person, unless the

 latter has acted during a lucid interval. When the
3. Art. 7 (2) (3), New Civil Code
 imbecile or an insane person has committed an act
which the law defines as a felony (delito), the court
shall order his confinement in one of the hospitals or
ART. 7 (2), NCC. When the courts declare a law to be asylums established for persons thus afflicted, which
inconsistent with the Constitution, the former shall be he shall not be permitted to leave without first
void and the latter shall govern. obtaining the permission of the same court.


- To declare a law or a treaty unconstitutional, 8 Justices 2. A person under nine years of age.

of the SC out of 11 must so declare. 
 

3. A person over nine years of age and under
fifteen, unless he has acted with discernment, in which
case, such minor shall be proceeded against in
ART. 7 (3), NCC. Administrative or executive acts,
accordance with the provisions of Art. 80 of this
orders and regulations shall be valid only when they
Code.

are not contrary to the laws or the Constitution.

When such minor is adjudged to be criminally

 irresponsible, the court, in conformably with the
- According to the Code Commission, the last paragraph provisions of this and the preceding paragraph, shall
of Art. 7 asserts that the supremacy of law and the commit him to the care and custody of his family who
Constitution over administrative or executive acts. shall be charged with his surveillance and education
otherwise, he shall be committed to the care of some
institution or person mentioned in said Art. 80.
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3. Art. 15 with Arts. 1156, 1157(1), 1158 4. Art. 14, New Civil Code; Art. 2, Revised
(NCC) Penal Code

ART. 15, NCC. Laws relating to family rights and ART. 14, NCC. Penal laws and those of public
duties or to the status , condition and legal capacity of security and safety shall be obligatory upon all who
persons are binding upon citizens of the Philippines, live or sojourn in Philippine territory, subject to the
even though living abroad. principles of public international law and to treaty
stipulations.
- Art. 15 refers to:


 - Philippines adheres to criminal law doctrine of Theory
a. Family rights and duties (including parental authority, of Territoriality. Any offense committed within our
marital authority, support);
 territory offends the State.

b. Status;
c. Condition;
d. Legal Capacity
 ART. 2, RPC. Application of its provisions. — Except

 as provided in the treaties and laws of preferential
- Art. 15 stresses the principle of nationality.
 application, the provisions of this Code shall be
enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and
ART. 1156, NCC. An obligation is a juridical
maritime zone, but also outside of its jurisdiction,
necessity to give, to do or not to do. 

against those who:

1. Should commit an offense while on a
Philippine ship or airship

2. Should forge or counterfeit any coin or
ART. 1157, NCC. Obligations arise from:
currency note of the Philippine Islands or obligations
and securities issued by the Government of the
(1) Law;
Philippine Islands.

(2) Contracts;
3. Should be liable for acts connected with the
(3) Quasi-contracts;
(4) Acts or commissions punished by law; and introduction into these islands of the obligations and
securities mentioned in the presiding number;

(5) Quasi-delicts
4. While being public officers or employees,
should commit an offense in the exercise of their
- Law (obligations ex lege) - like the duty to pay taxes functions; or

and to support one’s family.
 5. Should commit any of the crimes against
national security and the law of nations, defined in
ART. 1158, NCC. Obligations derived from law are Title One of Book Two of this Code.
not presumed. Only those expressly determined in this
Code or in special laws are demandable, and shall be 

regulated by the precepts of the law which establishes - It should be noted that in instaces when the offense is
them; and as to what has not been foreseen, by the committed within Philippine maritime zone on board
provisions of this Book. (1090)
 foreign ships, there are two (2) theories with regard to
jurisdiction as follows:
- The law says “obligations derived from law are not
presumed.” This merely means that the obligation must 1. French Rule - Underscoring the principle of
be clearly (expressly or impliedly) set forth in the law. nationality, this rule provides that if the crime is
committed on board a foreign vessel in the Philippine
waters, it should not be prosecuted in our courts.
Except when the offense affects the peace, security,
and safety of the country.


French Rule recognizes flag or nationality of vessel.
The country of registry will have jurisdiction but
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when the crime violated the peace and order of the
ART. VI, SEC. 32. The Congress shall, as early as
host country (such as drug-trafficking), the host
possible, provide a system of initiative and
country will have jurisdiction.

referendum, and the exceptions therefrom, whereby
the people can directly propose and enact laws or
2. English Rule - English Rule provides that if the approve or reject any act or law or part thereof
crime is committed on board a foreign vessel in the passed by the Congress or local legislative body after
Philippine waters, the case is within the jurisdiction
the registration of a petition therefor signed by at
of our courts. Except when it merely affects the
least ten per centum of the total number of registered
internal discipline and management of the vessel.

voters of which evert legislative district must be

 represented by at least three per centum of the
It strictly adheres to the territoriality principle or situs registered voters thereof.
of the crime. Th country of registry will have
jurisdiction only where the crime relates to internal
management of the vessel.
 purpose independently of Congress or of a local

 legislative body.

It should be noted that the English Rule is applied in 

Philippine jurisdiction. Article 2 as aforesaid is an Referendum - It is the process by which any act or law or
exception to the Territoriality Principle in criminal part thereof passed by the Congress or by local legislative
law. body is submitted to the people for their approval or

 disapproval.

D. LAID DONWN BY LEGITIMATE AUTHORITY
 2. Preamble with Art. II, Sec. 1; Art. XVII,
Sec. 4; Art. XVIII, Sec. 27, 1987 Constitution
- If laws are not prescribed by legitimate authority, the
people could nit be expected to observe them. Authority Preamble: We, the sovereign Filipino people, imploring
coo make laws is conferred upon those duly chose by the the aid of Almighty God, in order to build a just and
sovereign will of the people. humane society and establish a Government that shall
embody our ideals and aspirations, promote the common
1. Art. VI (Sec. 1 with Sec. 32, 1987 good, conserve and develop our patrimony, and secure to
Constitution Amendment No. 6) 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
ART. VI, SEC. 1. The legislative power shall be ordain and promulgate this Constitution.
vested in the Congress of the Philippines which shall
consist of a Senate and a House of Representatives, Preamble - Derived from Latin preambulare which
except to the extent reserved to the People by the means “to walk before.” It is an introduction to the main
provision of initiative and referendum. subject. It is the prologue of the Constitution.


ART. II, SEC. 1. The Philippines is a democratic and


- The legislative power is not exclusively vested in the republican State. Sovereignty resides in the people and all
Congress, in view of the reservation made regarding government authority emanates from them.

initiative and referendum. 

Republican government - a democratic government by
representatives chosen by people at large.


Democratic - a republican democracy that embodies
some features of a pure or direct democracy such as
initiative, referendum, and recall.
Manifestations of a democratic and republican state:

1. The existence of bill of rights (Art. III);


Initiative - It is the reserved power of the people to 2. The observance of the rule if the majority;
directly propose and enact laws at polls called for the 3. The observance of the principle that ours is a
government of laws, and not of men;
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4. The presence of elections through popular will (Art. votes cast in a plebiscite held for the purpose and shall
V); supersede all previous Constitutions.
5. The observance of the principle of separation of
powers and the system of checks and balances (Art. 3. Art. XII, Sec. 5. 1987 Constitution with
VI, Sec. 1); Arts. 7, 11, 12, New Civil Code
6. The observance of the principle that the legislature
cannot pass irreparable laws (Art. VI, Sec. 26); ART. XII, SEC. 5. The State, subject to the provisions of
7. The observance of the law on public officers (Art. XI) this Constitution and national development policies and
and programs, shall protect the rights of indigenous cultural
8. The observance of the principle that the State cannot communities to their ancestral lands to ensure their
be sued without its consent economic, social, and cultural well-being.


ART. XVII, SEC. 4. Any amendment to, or revision of, The Congress may provide for the applicability of
this Constitution under Section 1 hereof shall be valid customary laws governing property rights or relations in
when ratified by a majority of the votes cast in a determining the ownership and extent of ancestral
plebiscite which shall be held not earlier than sixty days domain.

nor later than ninety days after the approval of such 

amendment or revision. - Section 5 expressly recognizes the legal existence and
identity of indigenous cultural communities and their
Any amendment under Section 2 hereof shall be valid rights with respect to their ancestral lands.
when ratified by a majority of the votes cast in a
plebiscite which shall be held not earlier than sixty days ART. 7, NCC. Laws are repealed only by subsequent
nor later than ninety days after the certification by the ones, and their violation or non-observance shall not be
Commission on Elections of the sufficiency of the petition.
 excused by disuse, or custom or practice to the contrary.

Ratification – The direct approval by the people of the When the courts declare a law to be inconsistent with the
amendment to, or revision of the Constitution. The final Constitution, the former shall be void and the latter shall
act to make any change in the Constitution. govern.

Need for ratification – In order that the amendment or Administrative or executive acts, orders and regulations
revision proposed by Congress or by a constitutional shall be valid only when they are not contrary to the laws
convention or by the people through initiative may be or the Constitution. (5a)
valid as part of the Constitution, the same must be ratified
by a majority of the votes cast in a plebiscite call for the ART. 11, NCC. Customs which are contrary to law,
purpose public order or public policy shall not be countenanced.
(n)
Holding of plebiscite – The plebiscite must be held not
earlier than 60 days nor later than 90 days after the Custom - a rule if human action (conduct) established by
approval of such amendment or revision or certification repeated acts, and uniformly observed or practiced as a
of the Commission on Elections of the sufficiency of the rule of society, through the implicit approval of the
petition, as the case may be.
 lawmakers, and which is, therefore, generally obligatory

 and legally binding.
The minimum period of 60 days is deemed adequate to
provide the voters sufficient information and time for ART. 12, NCC. A custom must be proved as a fact,
intelligent consideration or study of the proposed change according to the rules of evidence. (n)
or revision. The constituent body may fix the date within
the period prescribed when the people may act. The time Requisites before the Courts can Consider Customs:
limit of 90 days prevents undue delay in the holding of
the plebiscite. The limit of 90 days prevents undue delay 1. A custom must be proved as a fact, according to the
in the holding of the plebiscite. rules of evidence; otherwise, the custom cannot be
considered as a source of right.

ART. XVIII, SEC. 27. This Constitution shall take effect
immediately upon its ratification by a majority of the
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2. The custom must not be contrary to law (contra 

legem), public order, or public policy.
 ART. II, SEC. 9. The State shall promote a just and
dynamic social order that will ensure the prosperity and
3. There must be a number of repeated acts.
 independence of the nation and free the people from
poverty through policies that provide adequate social
4. The repeated acts must have been uniformly services, promote full employment, a rising standard of
performed.
 living, and an improved quality of life for all.

5. There must be a juridical intention (convictio juris - The State shall promote a just and dynamic social order.
seu necessitatis) to make the rule of social conduct, This is accomplished through policies that provide
i.e., there must be a conviction in the community that adequate social services, promote full employment, a
is the proper way of acting, and that, therefore, a rising standard of living, and an improved quality of life.
person who disregards the custom in fact also 

disregards the law.
 - Th Preamble calls for the establishment of a “just and
humane society” and a government that shall “promote
6. There must be sufficient lapse of time. the common good.” Such a society must insure the
prosperity and independence of the nation and free the
E. FOR THE COMMON OBSERVANCE AND BENEFIT underprivileged and the marginalized sectors of our
population from poverty.
- This recognize the Latin maxim of “Salus Populi Est
Suprema Lex” – the welfare of the people shall be the ART. II, SEC. 11. The State values the dignity of every
supreme law. Laws should be applied not only to a human person and guarantees full respect for human
particular group of citizens, they are supposed to be rights.
applied equally to all citizens regardless of their religion,
political persuasion, and status in life.
 - A human person is a being and not a thing. He is entitled
to respect, not because he is right or wrong but because
1. Preamble, with Art. II Sec. 5, 9, 11, 12, he is human. The value accorded to human dignity is
13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, & 26, 1987 measured by the extent of respect for human rights,
Constitution principally the rights to life, liberty and property. A
person’s humanity is never more debased than when these
Preamble: We, the sovereign Filipino people, imploring rights are violated, one way or another, with impunity.
the aid of Almighty God, in order to build a just and
humane society and establish a Government that shall ART. II, SEC. 12. The State recognizes the sanctity of
embody our ideals and aspirations, promote the common family life and shall protect and strengthen the family as a
good, conserve and develop our patrimony, and secure to basic autonomous social institution. It shall equally
ourselves and our posterity the blessings of independence protect the life of the mother and the life of the unborn
and democracy under the rule of law and a regime of from conception. The natural and primary right and duty
truth, justice, freedom, love, equality, and peace, do of parents in the rearing of the youth for civic efficiency
ordain and promulgate this Constitution. and the development of moral character shall receive the
support of the Government.
ART. II, SEC. 5. The maintenance of peace and order, the
protection of life, liberty, and property, and promotion of - The above declaration not only has given constitutional
the general welfare are essential for the enjoyment by all basis to the family as a basic autonomous social
the people of the blessings of democracy. institution. In addition, it mandates the State to recognize
the sacredness of family life and to strengthen family.
- The State shall pursue maintenance of peace and order, 

the protection of life, liberty and property, and the - The government may nit enact any law or initiate
promotion of the general welfare of the common good.
 measures that would break up or weaken the family as a

 social unit, o in the guise of protecting the family,
- Only when peace and order, security, and a life of interfere in purely family matters which do not involved
dignity are established and maintained, will political the social order or any public policy.
stability and economic prosperity become attainable and
the people truly enjoy the blessings of independence and
democracy.
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ART. II, SEC. 13. The State recognizes the vital role of
the youth in nation-building and shall promote and ART. II, SEC. 21. The State shall promote comprehensive
protect their physical, moral, spiritual, intellectual, and rural development and agrarian reform.
social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their ART. II, SEC. 22. The State recognizes and promotes the
involvement in public and civic affairs. rights of indigenous cultural communities within the
framework of national unity and development.
ART. II, SEC. 14. The State recognizes the role of women
in nation-building, and shall ensure the fundamental Indigenous cultural communities - refers to those non-
equality before the law of women and men. dominant groups in our country which possess and wish
to preserve ethnic, religious, or linguistic traditions or
- In economic life, for instance, the State must promote characteristics markedly different from the rest of the
and uphold the equality of men and women in population.
employment, terms of employment, opportunities for
promotion, the practice of profession, the acquisition, the - Sec. 22 recognizes constitutionally the existence and the
control, and disposition of their property, pursuit of rights of the indigenous cultural communities. They are
business, etc. In certain situations, they are entitle to entitle to the full enjoyment, both as a group and
special protection from the State. individuals, of all the human rights recognized in the
Constitution.
ART. II, SEC. 15. The State shall protect and promote the
right to health of the people and instill health ART. II, SEC. 23. The State shall encourage non-
consciousness among them. governmental, community-based, or sectoral
organizations that promote the welfare of the nation.
- The State has obligation to promote and protect the right
of the people to health. To better fulfill this duty, it must ART. II, SEC. 26. The State shall guarantee equal access
instill health consciousness among the people. to opportunities for public service, and prohibit political
dynasties as may be defined by law.
ART. II, SEC. 16. The State shall protect and advance the
right of the people to a balanced and healthful ecology in 2. Art. III, Secs. 5, 11 & 16
accord with the rhythm and harmony of nature.
ART. III, SEC. 5. No law shall be made respecting an
ART. II, SEC. 17. The State shall give priority to establishment of religion, or prohibiting the free exercise
education, science and technology, arts, culture, and thereof. The free exercise and enjoyment of religious
sports to foster patriotism and nationalism, accelerate profession and worship, without discrimination or
social progress, and promote total human liberation and preference, shall forever be allowed. No religious test
development. shall be required for the exercise of civil or political
rights.
ART. II, SEC. 18. The State affirms labor as a primary
social economic force. It shall protect the rights of Aspects of religious freedom:
workers and promote their welfare.
1. The separation of Church and State secured in the
ART. II, SEC. 19. The State shall develop a self-reliant first sentence of the provision (Art. II, Sec, 6: the
and independent national economy effectively controlled separation of Church and State shall be inviolable);
by Filipinos. and


- Sec. 19 states that the constitutional guidelines in the 2. The freedom of religious profession and worship, in
development of the economy: economic self-reliance, the second sentence of the provision.

independent national economy, and effective Filipino
control of the economy. ART. III, SEC. 11. Free access to the courts and quasi-
judicial bodies and adequate legal assistance shall not be
ART. II, SEC. 2o. The State recognizes the indispensable denied to any person by reason of poverty.
role of the private sector, encourages private enterprise,
and provides incentives to needed investments.
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ART. III, SEC. 16. All persons shall have the right to a
speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.

3. Art. IV, Sec. 1

ART. IV, SEC. 1. The following are citizens of the


Philippines:

[1] Those who are citizens of the Philippines at the time


of the adoption of this Constitution;

[2] Those whose fathers or mothers are citizens of the


Philippines;

[3] Those born before January 17, 1973, of Filipino


mothers, who elect Philippine citizenship upon reaching
the age of majority; and
[4] Those who are naturalized in accordance with law.