12 . .

·
.........- -"'

I extbook on the
PHILIPPINE
CONSTITUTION
By

~
HECTORS. DE LEON
LL.B., UniverRity of the Philippines
Member, Integrat ed Bar of the Philippines
~'orm er Associ ate Professor, Far Eastern Univers ity

2005 EDITION
.......---·
 Philippine Copyright, 2005

by

ISBN 971-23-4207-7

No portion of this book may be copied or reproduced in

books, pamphlets, outlines or notes, whether printed, mimeo-
graphed, typewritten, copied in different electronic devices or in
any other form, for distribution or sale, without the written
permission ofthe author except brief passages in books, articles,
reviews, legal papers, and judicial or other official proceedings
with proper citation.

Any copy of this book without the corresponding number

and the signature of the author on this page either proceeds
from an illegitimate source or is in possession of one who has no
authority to dispose of the same.

ALL RIGHTS RESERVED

BY THE AUTHOR

N.tl. (.1.·J- 1
j : ; .
 PREFACE

As the supreme law of the land, the Constitution is by no means self-

explanatory. Yet it is so important a document with which every citizen
should be fa milia r as it directly and constantly touches every aspect of h is
everyday life; indeed, to be r espect ed, obeyed and defended if our nation
must grow and survive. This is the reason for the requirement that "all
educational institutions shall include the study of the Constitution as part
of the curricula." (Art. XIV, Sec. 3[1] .)
To help fill the need for a book on the subj ect, particularly· on the
college level, this modest volume, now on its eighth edition, has been
written.
In an attempt to make it easily understandable, the author avoids
legal details and elabor ate citations of cases. The provisions are discussed
section by section, amplified and explained in relatively nontechnical lan-
guage for both the beginning student and the layman.
The comments on the more important provisions, especially the new
ones, occupy m ore space, s etting forth when deemed necessary, th e reasons
for their adoption as wall as t heir practical s;gnificance. Also, much needE>d
emphasis is given to the provisions on the rights of the citizens as it is
imperatively desirable that they have adequate knowledge of them so that
they may bett.er exercise their rights and discharge t heir corresponding
obligations to others as responsible m embers of a democratic society.

HECTOR S. DE LEON

May 2005

iii
 OFFICERS OF THE 1986
CONSTITUTIONAL COMMISSION

President Cecilia Muiioz-Palma

Vice-President Ambrosio B. Padilla
Floor Leader Napoleon G. Rama
Assistant Floor Leaders Jose D. Calderon
and
Ahmad Domacao Alonto

Committee Chairmen and Vice-Chairmen

PREAMBLE, NATIONAL TERRITORY

AND DECLARATION OF PRINCIPLES

Chairman Decoroso R. Rosales

Vice-Chairman Gregorio J. Tingson

CITIZENSHIP, BILL OF RIGHTS

POLITICAL RIGHTS AND OBLIGATIONS
AND HUMAN RIGHTS

Chairman Jose B. Laurel, Jr.

Vice-Chairman Joaquin G. Bernas

LEGISLATIVE

Chairman Hilario G. Davi de, Jr.

Vice-Chairman Adol fo S. Azcuna

EXECUTIVE

Chairman Lorenzo M. Sumulong

Vice-Chairman Florenz D. Regalado

JUDICIARY

Chairman Roberto C. Concepcion

Vice-Chairman Ricardo J. Romulo

iv
 CONSTITUTIONAL COMMISSIONS AND AGENCIES

Chairman Vicente B. Foz

Vice-Chairman Cirilo A. Rigos

LOCAL GOVERNMENT

Chairman Jose N. N olledo

Vice-Chairman Jose D. Calderon

ACCOUNTABILITY OF PUBLIC OFFICERS

Chairman Christian S. Monsod

Vice-Chairman Jose C. Colayco

NATIONAL ECONOMY AND PATRIMONY

Chairman Bernardo M. Villegas

Vice-Chairman Jaime S.L. Tadeo

HUMAN RESOURCES

Chairman Wilfredo V. Villacorta

Vice-Chairman Lugum L. Uka

GENERAL PROVISIONS ·

Chairman Florangel Rosario Braid

Vice-Chairman 'J.'eodoro C. Bacani

AMENDMENTS AND TRANSITORY PROVISIONS

Chairman Jose E. Suarez

Vice-Chairman Bias F. Ople

STEERING

Chairman Jose F.S. Bengzon, Jr.

Vice-Chairman Napoleon G. Rama

PRIVILEGES

Chairman Yusuf R. Abubakar

Vice-Chairman Minda Luz M. Quesada

SOCIAL JUSTICE AND SOCIAL SERVICES

Chairman Teresa F . Nieva

v
Vice-Chairman Jose Luis Martin C. Gascon

STYLE

Chairman Francisco A. Rodrigo

Vice-Chairman Efrain B. Trefias

SPONSORSIDP

Chairman Ser afin V.C. Guingona

Vice-Chairman Edmundo G. Garcia

PUBLIC HEARINGS

Chairman E dmundo G. Garcia

Vice-Chairman Jose Luis Martin C. Gascon

NON-DELEGATE OFFICERS

Secretary-General Flerida Ruth Romero

Sergeant-at-Arms Roberto M. San Andres

-oOo-

vi
 THE 48 MEMBERS OF THE 1986
CONSTITUTIONAL COMMISSION
Commissioners
Abubakar , Yusuf R.
Alonto, Ahm ad Domacao
Aquino, Felicitas S.
Azcuna, Adolfo S.
Bacani, Teodoro C.
Bengzon, Jose, J r. F.S.
Bennagen, Ponciano L.
Bernas, S .•J., ,Joaquin G.
Braid Rosario, Florangel
Brocka, Lino 0 . (Resigned)
Calderon, .Jose D.
Castro, Cris pino M . de
Colayco, Jose C.
Concepeion, Roberto C.
Davide, Hilario, Jr. G.
Foz, Vicente B.
Garcia, Edmundo G.
Gascon, Jose Luis Martin C.
Guingona, Serafin V.C.
Jamir, Alberto, Jr. B.
Laurel, Jose B.
Lerum , Eulogio R.
Maambong, Regalado E.
Monsod, ChristianS.
- oOo-
vii
Natividad, Teodulo C.
Nieva, Ter esa Ma ria F.
Nolledo, .Jose N.
Ople, Blas F.
Padilla, Ambrogio B.
P alma, Cecilia Munoz
QueRada, Mi nda Luz M.
Rama, Napol eon G.
Regal ado, Florenz D.
Reyes, Jr. , Rusti co F. de los
Rigor, Ciri lo A.
Rodrigo, Francisco A.
Romulo, Rica rdo J .
Rosales, Oecoroso R.
Sarmiento. Rene V.
Suarez, Jose E.
Sumulong, Lorenzo M.
Tadeo, J aime S.L.
Tan , Christine 0.
Tingson, Gregorio J .
Trefias, Efrain B.
Uka, Lugum L.
Villacorta, Wilfreda V.
Villegas, B{!rnardo M.
PAMBANSANG AWIT NG PILIPINAS

Bayang magiliw,
Perlas ng silanganan,
Alab ng puso
sa dibdib mo'y buhay,
Lupang hinirang,
duyan ka ng magiting
Sa manlulupig di ka pasisiil
Sa dagat at bundok, sa simoy
at sa langit mong bughaw,
May dilag ang tula at awit sa
paglayang mina.mahal
Ang kislap ng watawat mo'y
tagumpay na nagniningning,
Ang bituin at araw niya,
Kailan pa ma~y di magdidilim.
Lupa ng araw ng luwalhati't
pagsinta
Buhay ay langit sa piling mo.
Aming ligaya na pag may
mang-a.api
Ang mamatay nang dahil sa iyo.

viii
 SAYAN KO

Ang bayan kong Pilipinas

Lupain ng ginto't bulaklak
Pag-ibig nasa kanyang palad
Nag-alay ng ganda't dilag

At sa kanyang yumi at ganda

Dayuhan ay nahalina
Bayan ko binihag ka
Nasadlak sa dusa

lbon mang may layang lumipad

Kulungin mo at umiiyak
Bayan pa kayang sakdal dilag
Ang di magnasang makaalpas

Pilipinas kong minumutya

Pugad ng luha at dalita
Aking adhika
Makita kang sakdallaya

ix
Pledge of Allegiance to the Philippine Flag

Ako ay Pilipino
Buong katapatang nanunumpa
Sa watawat ng Pilipin.as
At sa bansang kanyang sinasagisag
Na may dangal, katarungan at kalayaan
Na pinakikilos ng sambayanang
Maka-Diyos
Maka -tao
Makak alikasan at
Makabunsa

X
 TABLE OF CONTENTS

Preface ..................... ..... ........ ...................................... ........................................... iii

Officers of the 1986 Constitutional Commission............................................. tv
The 48 Members of the 1986 Constitutional Commission ............................. vii
Pambansang A wit ng Pilipinas .......................................................................... vm
Bayan Ko ............................................................................................................... ix
Pledge of Allegiance to the Philippine i<'lag ...................... ............. .................. x

INTRODUCTION
A. THE STUDY OF POLITICAL SCIENCE
1. Meaning of political science...................................................................... 1
2. Scope of political science . ..... ..................... ......... .. .. .. ......... .......... ...... ........ 1
3. Interrelationship with other branches of learning................................ 2
.¥, Function and importance of political science ..... ... ................................. 4
5. Goal in the study of political science courses......................................... 4

B. CONCEPTS OF STATE AND GOVERNMENT

1. Meaning of state.............................................................................................. 5
2. Elements of state ............................................... ......................................... 5
3. Origin of states ........................................................................................... 6
4. State distinguished from nation ............... .... .... ........ ................. .............. 7
5. State distinguished from government..................................................... 7
6. Purpose and necessity of government..................................................... 8
7. Forms of government................................................................................. 8

C. THE GOVERNMENT OF THE PHILIPPINES

IN TRANSITION
1. The pre-Spanish. government.................................................................... 10
2. Government during the Spanish period.................................................. 11
3. Governments during the Revolutionary era........................................... 12
4. Governments during the American regime ............................................ 14
5. Governments during the Japanese occupation........................ ............. 15
6. The previous Philippine Republics .......................................... ................ 16
7. The Provisional Government of 1986 .... .............. ........ ........ .... ............... 17

D. CONCEPT OF CONSTITUTION
1. Meaning of constitution............................................................................. 18
2. Nature and purpose or function of constitution..................................... 19
3. Meaning of constitutional law.................................................................. 19
4. Kinds of constitution.................................................................................. 20
5. Advantages and disadvantages of a written constitution.................... 21

xi
6. Requisites of a good written constitut ion ............. ..... ............................. 21
7. Constitution distinguished fr om statute ................................................ 22
8. Authority to interpret the Constitution. ...... .... .... ............. .. ... ... .... .. ........ 22
9 . P urpose in int erpreting the Constitution ... ............................................ 23

E. CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

1. The 1935 Con st itution .............................................................................. . 23

2. The 1973 Constitution ..... ........ ... ........................ .... ..... ....... .. .... ....... .... ...... 24
3. The 1987 Constitution ............................................................................... 26
4. Basic p rinciples underlying the new Constitution ................................ 28
5 . Rule of t he majority ........ .... ... ......... ............ .. .......... .. ........... ....... ............. .. 29
6. Crt>vernment of law and not of meu .......................................................... 30

PREAMBLE
1. Meaning of P reamble ......... ......... ....... ...................... ............ .. ...... :... .......... 32
2. Preamble not essential in a constitution ................... ............................. 32
3. Object and value of Preamble................................................................... 32
4. Source of Co ns tiu~ io n's aut hority.. ...... .... ..... ..... ... .. ..... ... ..... ..... .. ....... ..... 33
5. Belief in Crt>d stressed ................................................................................ 33
6. N ational purposes and aims in adopting the Constitution.................. 34
7. Attainment of the constitutional goals ... ......... .... ........... ... ........ .... ......... 34
8. Changes in the Preamble .......... ................................ ......... ....................... 35

ARTICLE I - NATIONAL TERRITORY

SECTION 1

1. Necess ity of constitutional pr ovision on National Territory ............... 38

2. National Territory of the Philippines................ ...................................... 39
3. Meaning of a rchipelago .. ...... .... ... ...... ......... ... ... .... .... .... .... ... ..... .. .. ........ .. ... 39
4. Other territories over which the PQilippines has
sovereignty or jur isdiction ................................................ ....... ........ .. 39
5. Other a reas included in the Philippine archipelago. ...... ....... .... .. .. ....... 40
6. Three-fold division of navigable waters......................................... ........ 41
7. Jurisdiction over n avigable w&.ters ... ....... ......................... .... ........ .. ........ . 41
8 . The archipelagic concept or principle of terr itoriality.. .. ... ..... .... ........ .. 42
9. The Philippine position ............................................................................. 42

ARTICLE II- DECLARATION OF PRINCIPLES

AND STATE POLICIES
PRINCIPLES
SECTION 1
1. Th e Philippines , a democratic a nd republican state............................. 44
2. Manifestations of a democratic a nd republican state. ...... ............ ........ 44
3. Sovereignty of the people .... ........ .... .. ............. ....... ... .. ...... .. .... .... ............. .. 45
4. Right of the people to revolt ...................................... ........ ............. .......... 45

SECTION 2
1. Renunciation of war as an instrument of nationa l policy .................... 46

xii
2. Adoption of the generally accepted principles
of international law as part of our law ........... ...................... ........... 4-6
3. Adherence to t he policy of peace, etc. , with all nations.................... .... 47

SECTION 3

1. Supremacy of civilian authority over the military.......... .. .... ................ 48

2. Armed Forces of the Philippine<>, protector of the people
and the State........ ..... ........ ................................... .... ............................ 48

SECTION 4

l. Prime duty of the Government.......................... ....................................... 49

2. Defense of the State by the people against foreign aggr ession ........... 50
3. Military and civil service by the people.............. ................ ... ..... ... ......... 50

SECTION 5

1. Mai ntenance of peace and order, etc. ......................... ..... .. ..... ... .............. 51

SECTION6

1. Principle of separation of the church and State ..................... ...... ......... 52

2. Meaning of "establishment of religion clause".......... ............................. 52
3. No hostility towards religion .................... ................................................ 53

STATE POLICIES

SECTION7

1. Foreign policy of the Philippinl:lS ..................... ........... ........................ ..... 54

SECTIONS

1. Freedom from nuclear weapons policy ........ ................................. ........... 56

SECTION9

1. Just and dynamic social order... ................. ............ .......... ...................... . 57

SECTION 10

1. Social justice ............ ....... .. .... .... ............................................ ................... .. 57

SECTION 11

1. Human dignity and human rights................................ ........... ................ 57

SECTION 12

1. Strengthening the famil y as a basic autonomous

social institution ....... ... ..... ... ..... ................... ..... ...... ...... ....................... 58
2. Right to life of the unborn from conception and of the mother ........... 58

xiii
3. Rearing of the youth for civic efficiency and development
of moral character ... ............................................................... ..... ........ 59

SECTION 13

1. Role of the yout h in nation-building.................... ............. ............ ........... 60

SECTION 14

1. Role of women in nation-building. ....... ...... ............. ......... ... ......... ...... ...... 62

SECTION 15

1. Right r,f the people to health .................................................................... 64

SECTION 16

1. Right of the people to a balanced and healthful ecology ...................... 64

SECTION 17

1. Priority to education, science and technology, arts,

culture and sports .......................................... ............. ....................... 66

SECTION 18

1. Labor as a primary social economic force ... ....... .... . ........ .... .... .. ....... .. .. ... S-1

SECTION 19

1. Self-reliant and independent national economy.................................... 66

SECTION 20

1. Role of the private sector i n the economy .... ......... ..... ......... .... ........ ..... ... 66

SECTION 21

1. Comprehensive Tural development and Ul(Tarian reform..................... 67

SECTION 22

l. Rights of indigenous cultura l communities ............................................ 67

SECTION 23

1. ~on-gvermta l , community-based or sectoral

organizations ............ .............................................. :............. ............... 68

SECTION 24

1. Vital role of communication and information

in nat.ion-building ....... .. .. ...... .. .... ... ........... .... ................ .. ..... ....... ......... 69

xiv
 SECTION23

1. Autonomy of local governments ............................................................... 69

SECTION 26

1. Equal access to opporluni ties tor public service.................................... 70

SECTION27

1. Honesty and integrity in public service .................................................. 71

SECTION 28

1. Full disclosure by the State of all its transactions ............................... 72

ARTICLE III -BILL OF RIGHTS

1. Concept of a bill of rights .......................................................................... 73

2. Classes of rights ..... ............ .............. .............. ........ ..... ............................... 73
3. Classification of constitutional rights..................................................... 74
4. State authority and individual freedom.................................................. 75

SECTION 1

1. Meaning of due process of law.................................................................. 76

2. Aspects of due process of law.................................................................... 76
3. Procedural due process.............................................................................. 77
4. Substantive due process............................................................................ 78
5. Persons protected ......... ......... ...................... ... ..... .... ..... ................. .... ..... .... 78
6. Meaning of life............................................................................................ 78
7. Meaning of liberty...................................................................................... 78
8. i\.feaning of property................................................................................... 79
9. What constitutes deprivation ................................................................... 79
10. Meaning of equal protection of the laws................................................. 79
11. Reasonable classificat.ion permitted........................................................ 80
12. Scope of the guarantee............................................................................... 80

SECTION2
1. Meaning of search warrant and warrant of arrest.............................. .. 81
2. Scope of the protection............................................................................... 81
3. When search and seizure unreasonable.................................................. 8~
4. Requisites for valid search warrant or warrant of arrest .................... 82
5. lVteaning of probable cause........................................................................ 83
6. Sufficiency of affidavit. upon which warrant is based........................... 83
7. Sufficiency of de::;cription .......................................................................... 83
8. Right against unreasonable search and seizure, personal................... 84
9. When search and seizure may be made without warrant .................... 85
10. When arrest may be made without warrant.......................................... 85

SECTION 3
1. Meaning of right of privacy....................................................................... 86

KV
2. Basics and purpose of the provision ....... .. .... ...... ... ............ ....... ... .. ......... . 86
a. Relationship with right againBt. unreasonable
searches and seiz !lres ...... ........ .................... ........ .. ......... ........... ......... 86
4. Limitations on the right ......................................... ................................... 87
5. Evidence illegally obtained ....................................... ..... ..... ...................... 87

SECTION 4

1. Meaning of freedom of speech, of expression, and of the press ........ ... 88

2. Scope of freedom of expression................................................................. 88
3. Scope of t erms "speech,'' "expression" and "press" ...... ...................... .... 88
4. Importance of the guarantee .............. .... ........................................... ....... 88
5. Freedom of expression not absolute ... ......... ........................................... . 89
6. Abridgment of ireedom of speech and of the press................ ... ..... ........ 89
7. Meaning of right of assembly and r ight of petition............................... 90
8. Relationship with freedom of s peech and of the press.......... .. .. ............ 90

SECTION 5

1. Meaning of religious freedom ......... ................. ..................................... .... 91

2. Meaning of religion ..... ..... ......... .... ........ ................ ...... ......... ......... ............. 91
3. Aspects of religious freedom ..................... .. .............................................. 91
4. Freedom of religious profession and worship......................................... 92
5. Dissemination of religious beliefs ....... ....... .. ............ ...... .... ............ .......... 92
6. License fee or tax on sale of religious articles ....................................... 93
7. Religious test prohibited .. ............. ...................... ....... .......... ........ ... .... ...... 93

SECTION 6

1. Meaning of liberty of abode and travel ................. .... .............................. 94

2. Limitations on the right ............. .... . ................. .... ...... ..... .. ............. ........... 94

SECTION 7

1. Right to information on matters of public concern................................ 95

2. Scope of the right. .... ........ ... ........... .................. ... ........................................ 96
3. Limitations on t he rig ht. ...... ...... .... .... ....................................................... 96

SECTION 8

1. J\.ieaning of right to form associations, etc. ........ ....................... .. ....... .... 96

2. Purposes of the guarantee.. ..... ......... .... .. ....... .................... ......... .............. 97
3. Limitation on the right.......................... .................................................... 97

SECTION9

1. Essential or inherent powers of government .................................. ....... 97

2. Meaning of eminent domain ............................ ........... ,.............. ..... .......... 98
3. Conditions for or limitations upon its exercise... ................................... 98
4. Meaning of "taking" ............... ...................... ............................... ........ ....... 99
5. Meaning of police power ................. ................................ ........................ ... 99
6. Basis of police power ..... .............. ...... ............... .. ....... ...... ............... ............ 99
7. Illustrations of police power laws ............................................................ 100

"vi
 8. Meaning of taxation................................................................................... 100
9. Theory and basis of taxation .................................................................... 100
10. Meaning of taxes......................................................................................... 101
11. Distinctions among the three powers...................................................... 101

SECTION 10

1. Meaning of obligation of a contract ....... .................................................. 102

2. Scope of terms "law" and "contract" ........................................................ 102
3. Purpose of non-impairment prohibition.................................................. 102
4. Wben obligation of contract impaired..................................................... 103
5. Freedom to contract not absolute............................................................. 103

SECTION 11

1. Constitutional tights of the accused in criminal cases......................... 103

2. Reasons for constitutional safeguards ......... .... ....................................... 104
3. Right to free access to the courts and quasi-judicial bodies................ 105
4. Right to adequate legal assistance .......................................................... 105

SECTION 12

1. Rights of person under investigation ...................................................... 106

2. Effect of violation of the rights................................................................. 106
3. When rights can be invoked...................................................................... 107
4. Waiver of right of silence and to counsel................................................ 107

SECTION 13

1. Meaning of bail .................................................. ......................................... 107

2. Purpose and for1n of bail ........................................................................... 108
3. Who may not invoke the right to bail...................................................... 108
4. Meaning of capital offense ................... ..................................................... 109
5. Excessive bail prohibited .......................................................................... 109

SECTION 14
1. Right to due process of law in criminal cases ........................................ 110
2. Right to presumption of innocence .......................................................... 110
3. Statutory presumptions of guilt............................................................... 111
4. Right to be heard by himself and counsel............................................... 111
5. Meaning and purpose of arraignment .................................. .... .... ........... 112
6. Importance of the right to counsel........................................................... 112
7. Right to be informed of the nature and cause of the accusation
against him .... ... .. .... ... . ..... .. ...... ... ..... .... . ................. .... .... .... ........... .... .. . 112
8. Right to have a speedy, impartial, and public trial.............................. 113
9. Right to confrontation.of witnesses......................................................... 114
10. Right to compulsory production of witnesses
and evidence......................................................................................... 114
11. Trial in the absence of the accused.......................................................... 115

SECTION 15
1. Meaning of writ of habeas corpus ............................................................ 115

xvii
2. Purpose of the writ.. .................................... ............................ ................... 116
3. How writ operates .................... .... ................ ..................... ............... .......... 116
4. S uspenflion of the privilege ofthe writ...... .... .. ............. ...... .... ........ .. .. .... 116

SECTION 16

1. Right to speedy dispos ition of cas es .... ....... ................ ..... ................. .... ... 117

SECTION 17

1. Right agai nst self-incrimination .............................................................. 118

2. S cope of guarantee .. ........... .... .. .. ......... ......... .. ..... ... ......... ... ..... .... ...... ...... .. . 118
3. Nature of guarantee .... .......... ..... .... ......... .............. .. ............ ... .. ...... ............ 118
4. Form of t estimony prohibited ................................................................... :i 19

SECTION 18

L Right aga inst detention soleiy by r eason of political beliefs

and a spiraticns .................................................................................... 120
2. Meaning of involuntary servitude .... ............ ..................... ............... ........ 120
3. Purpose and basis of the prohibition ... .. .... .. .. .... .. ... .. . .. .. .. .. .. .. .. .. . .. .. .. ... .. .. 12 1
4. Exceptions to prohibition.... ...... ... .. .... .. ........... ........... .... ....................... .... 12 1

SECTION 19

1. Right again st excessi ve fines ...... .. ... .......... .......... ...... .... ... ...... ......... .. ... .. .. 122
2. Right aga ins t cruel , degrading, or inhuman punishments .................. 122
3. Purpose of the guarantee .......................................................................... 123
4. Imposition of the death penalty ........................ ....................... ............ .... 12:3

SECTION 20

1. J\.leaning of debt .. .... ... . .... .. ...... ...... .... ..... ... .... .. .. ..... .............. ... ....... ............. 125
2. P urpose of prohibition against imprisonment for debt ........... ......... .... . 125
3. Prohibition limited to contractua l obligations only ............ ......... .... .. ... 125
4. Meaning of poll t ax ..................................................................................... 126
5. Purpose of prohibition against imprisonment for
non-payment of poll tax ..... ......................................... ........ ......... ..::-:.. 126

SECTION 21

1. Right against double jeopardy.................................................................. 126

2. Requisites for existence of double jeopardy.................. ..................... .. ... 127
3. Right to appeal in criminal cases .. ... ......... ...... ............ .. .. .. ... ........... .. .. .. .. . 127
4. Classes of double jeopa rdy ..... ..... .................. .. ............................ .............. 127

SECTION 22

1. Meaning of ex post facto law ... .. .. ... .. ......... .. ... ... .... ...... ... ... .. ....... .. ........ .. ... 128
2. Character istics of ex post facto law ................................. ......................... 128
3. Meaning of bill of attainder......... ............................................... .............. 128
4. P urpose of prohibition against bill of attainder ....... ....... ................ ..... . 129

xviii
 ARTICLE IV- CITIZENSHIP
SECTION 1

1. Meaning of citizenship and citizen ......................................................... . 130

2. Distinguished from nationality and nationals ...................................... . 130

.....
3. Meaning of subject and alien .................................................................... 131
General ways of acquiring citizenship .................................................. .. 131
5. Citizens by birth ........................................................................................ . 131
6. Citizens at the time of the adoption of the Constitution ..................... . 132
7. Citizens by blood relationship ................................................................. . 132
8. Citizens through el~ction under the 1935 Constitution ..................... .. 132
9. Citizens by naturalization ...................................................................... .. 133
10. Meaning of naturalization ........................................................................ 134
11. Nature of naturalization .......................................................................... . 134
12. Ways of acquiring citizenship by naturalization .................................. . 134

SECTION2

1. Kinds of citizens under the Constitution ................................................ 135

SECTION3

1. Loss of citizenship ................................................. .... ................................. 136

2. Reacquisition of lost Philippine citizenship . .......................................... 137

SECTION4

1. Effect of marriage of citizen to an alien.................................................. 137

SECTION5

1. Dual allegiance of citizens ........................................................................ 137

2. Retention and reacquisition of citizenship ...................... ....................... 1:18
3. Rights with corresponding obligations.................................................... 139
4. Duties and obligations of citizens............................................................ 140

ARTICLE V- SUFFRAGE
SECTION 1

1. Meaning of suffrage . ..... .. ........ .......... ... ... .. ................... .. ...... .. .. .. ... .. .. .... .... . 144
2. Nature of suffrage ...................................... .............................. .... ... .. .... ..... 144
3. Scope of suffrage......................................................................................... 144
{. Qualifications of voters.............................................................................. 145
5. Age qualification......................................................................................... 145
6. Residence qualification.............................................................................. 146
7. Persons disqualified td' vote...................................................................... 146
8. Arguments justifying the lowering of voting age
from 21 to 18 ........................................................................................ 147
9. Arguments justifying removal of literacy requirement........................ 147
10. Property requirement prohibited............................................................. 148
11. Other substantive requirements prohibited........................................... 149
12. Compulsory suffrage .................................................................................. 150

xix
 SECTION 2

1. System for securing the secrecy and sanctity

of the ballot ........ .... .. ........... .. . ..................................................... ......... 151
2. System for absentee ,·oting by qualified Filipinos ................................ 152

ARTICLE VI- LEGISLATIVE DEPARTMENT

SECTION 1

1. Meaning of legisla tive pov1er .......... ................................................ .......... 153

'2. Meaning of law ... .. .. .... ........ ............. .... ........ ............. ... ........... ........... ... ....... 153
3 . Function of Ia v;.s ...... ......................... ............. .......................................... ... 153
4. Legislative power vested in Congr ess ....... .............................................. 154
5. Advantages of bicameralism.......... ............ .... ........ ............... ............ ........ 154
6. Dis adv ant ages of bicameralism ................................................................ 154
7. Scope of legislative power of Congress .......... ........ .... ..................~. . . . . 155
8 . Clas5ification of powers of C ongress ........... ...... .. .. ... ...... .. ........... ............ 155
9. Principle of separation of powers............................................................. 156
10. Principle of checks and balances. ......................... ...... ...... ............ ............ 157

SECTIONS 2-4

1. The S enate. ...... ........ .... .. ...... ............. ........ ....... ............ ....... ..... ........ .. .......... 158
2. Meanin g of r egistered voter and r esidence ............................................. 159

SECTIONS 5-7

1. The House of Repr ~ en ta iv e s .... ...... ... ... ... .......... ........ .. .. ................ ......... 160
2. Number, el ection/selection a nd classificat ion of members ................... 161
3. Apportionmen t of elected representatives ........................ ...................... 162
4. Party-list and sector a l ;:epre sentation .... ............. ............ ... ....... .. .. ......... 163

SECTIONS 8-9

1. Kinds of election for member s of Congress ............................................. 164

SECTION 10
1. Salariel:l of members of Congress .... ......... :............ ............ ................. ...... 165

SECTION 11
1. Freedom fro m arrest of members of Congress ....... ......... .... ..... .... ..... ..... 165
2. When immunity cannot be invoked ........................................ ............. .... 166
3. Freedom from being quest ioned for speech and debate ........................ 166
4. When immunity cannot be claimed ........ .. .. ............. ..... .. .... ... .... ............ .. 166

SECTION 12
1. Disclosure of financial and business interests ....................................... 167

SECTION IS
1. Disqua lification to hold any other office or employment ........ .............. 167

XX
 SECTION 14

1. Fiduciary position of members ...... .................. .. ... .... ........ .... .................... 169

SECTION 15

l. Sessions of Congress .... .................................... ............. ........ .... ................. 170

SECTiON 16

1. Officers of Congress .. ..... .. .. .... .... .... .... ...... .. . .. .. .. ... .. ... .. .. ...... .. .. .... .... ..... ..... . 171
2. Powers and functions of Senate President and House Speaker .......... 171
3. Meaning of quorum .. ..... .. ........ .. ... .................. ........................... .. ............... 172
4. Basis of quorum in each House ................ ................................................ 172
5. Adjournment in absence of quorum ............ ............................................. 172
6. Meaning and function of rules of procedure........................................... 173
7. Limitation"t on power to determine rules......................... ....................... 173
8. Nature of power of each House to punish its members........................ 173
9. Votcsrequired................... ................................................ .......................... 174
10. Each House sole judge of disorderly behavior............... .... ..................... 174
11. Meaning of legislative journa l .......................................... ........................· 17 4
12. Purpose of journal-keeping requi rement........... .............................. ....... 174
13. Matters to be entered in the journal ............................. ........ .................. 175
14. Adjournment by either House without consent of the other................ 175

SECTIONS 17·19

1. Electoral Tribunal in each House .... .................................... .................... 176

2. The Commission ~n Appointments in Congress .. ..... ............................. 177

SECTION 20

1. Records of Congress open to public................................ ...................... .... 178

SECTION 21

1. Power oflegislative inquiry and jnvestigation ........ ..... .... .......... ........... 179
2. Scope of the power....................................................................... ......... ...... 179

SECTION 22

1. Appearance of heads of departments before each House ..................... 180

SECTION 23

1. Power to declare existence of a state of war... ........ .. ... ................ ........... 181
2. War contemplated ..... ... ... ... ........ .. .................... .............. ..... ......... .............. 181
3. Delegation of cmerge11cy powers .............. .................. ....... ....................... 181

SECTION 24

1. Meaning of appropriations bill................................................................. 182

2. Kinds of appropriations ..... ... ..... .... ......... ..... ........ .................. .................... 182

xxi
 3. :Meaning of other bills.............. .... .... ............................................... ........... 183
4. Bills which must originate exclu ~ ively in the H ouse
of Representa tives.......................... ............. ................................... ..... 183

SECTION 25

1. Meaning of bu dget....... ................................... .... .......................... ............. 185

2. Submission of proposed budget by the President...................... ............ 185
3. lncreaae of appropriation recommended by the President.. ............ ..... 185
4. Prohibition agains t riders........ .. .... ....... .............. ... ......... .... .... ........ .......... 186
5. Procedure in approving appro priations ........... ........... .... .. ............ .. ...... .. 186
6. Requir ements with respect io special appropriations bill.................... 187
7. Requir ement t o insure a balanced budget.............................. ........ ....... 187
8. Prohibition against transler of fun ds .......................... ................. ......... .. 187
9. Rule as to discretionary funds ....... ......................... .............. .... .... .. .......... 187
10. Automatic reap propriation ...... .. ...... .............. .. .. .. ..... ........ ....... ....... .... ...... 188

SECTION 26

1. Limitations on the power of Congress ................ ................ ..................... 188

2. Prohibition agains t delegation oflcgislative powers ..... ....... .. .............. 189
3. Prohibition agains t the enactment of irrepealable laws.. .... .. .. .. .. ... ..... 189
4. Requirements a ~: to subject a nd ti tle of bills.............. ..... ................... .. .. 190
5. Meanin g of hodge-podge or log-r olling legislation ...... ...... ... .............. .... 190
6. Effect of violation of req uir em~n t ..................................... .. ............ ... .. .... 190
7. Exceptions to the requirement ..................... .... ..................... .......... ..... .... 191
8. Steps in the pa8sage of a bill .. .. ..... ....... ...... .... .................... ......... .... ... ... .. 191
9. Purpose of provision requiring three readings of bill .. ........ .. .. .... ...... ... l92
10. Certifica tion of bills by the President ............... .......................... ............ 193
11. Purpose of requirement that yea:; a nd nays be en tered
in the journa l .. ..................... ......... ............. ..... .... ..................... .... ........ 193

SECTION27
1. Meaning of bill ..... .................... ......... ..... ........ ........ .. ............ .... ................. .. 194
2. Meaning of stat u te ...... ......... ......... ............................. .... ..................... ....... 194
3. How statutes identified ............................... ....... ............................. ... ...... 194
4. Forma] parts of a Ja w................ .... .... .......................... .............................. 194
6. When bill may become a law ..... .. ... ... ............ .. .. .......... ......... .. .. .. .. ...... ....... 195
6. Veto power of the President .. ............. ..... .......... ....... .. .. ......... .... .... .. .. .. .. .... 195
7. P urpose of veto .. .. .. .. .. .. .. ... .. .. .... .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .. .. ... .. . 196
8. Pock et veto not a llowed ..... ... ...... .... ... ..... .... ...... ... ..... .... .... ...... .... ... .. .. .... ... 196
9. When partial veto aJlowed ............ ....... ....... ....... ...... ... ......... .... ...... ... ...... 196
10. Mea n ing of resol ution.... ..... .... ....... .. .... ....... .. ... ................. .. .. ........ ..... ..... 196
11. UAe of resolutions .. .. ............ ....... .. ... ... .. .. .... .. ............... ..... .. .. .. .. .. ........ ..... 197
12. Kin ds of r esolutions .... .......... .. .. ... ....... ............. ............ ...... ................ .. .... .. 197

SECTION 28
1. U niformity in taxa tion...................... .............. .......... .. ..... ........... ....... .. ...... 1.98
2. Equity in taxation .. .................. ...... .. .................. .. ... .. ..... ........ .. ...... ... .. ....... 198
3. Progr essive syst em of taxation.... .. .. ...... ............ ... .. .. .. ............ .. .. .. ......... .. 199
4. Delegation of taxing power t o fix t a riff rat es, etc. .. ............. ................. 199
5. Exe mption of certain entities and properties from property taxes..... 199

xxii
6. Votes req uired for grant of t ax exemption .............................................. ~0

SECTION 29

1. The powe r of appropriation ............ ........... ....... .... .... .... ........ ......... ......... ... 200
2. Meanin g of ~ ap ropia~n made by law" .................... .............. .............. 20 1
3. P rohibition against "JSe of public money or property
for religious rurpose ..... ............ .... .... ...... ........ .... ............ ..... .... ..... ..... . 20 1
4. Expenditure of special fund........ ...................... .... .................................... 202

SECTION 30

1. Law increasing appellate juris diction of Supreme Court ................. .... 203

SECTION 31

1. P r ol-.ibitiun against gr anting title of royalty or nobility.. ....... ...... .. ...... 20~

SECTION 32

1. Mean ing of initiative a nd referendu m ........ ..... .. .. .... ..... .......... ..... .. ......... · 204
2. C ongress to provide a system of initiative and referendu m ... .... .. ....... 204

ARTICLE VII- EXECUTIVE DEPARTMENT

SECTION 1

1. President, t he E xecutive ................................................ ........................... 206

2. Meaning of executive pow'3r ................................................. .. ....... ... .. ....... 206

SECTION 2

1. q ualifications of the President and Vice-President.... .. ........ ... ... .... ...... 207

SECTION 3
1. The Vice-President ...................... .......................... ............................. ........ 207

SECTION 4
1. E lection of t h e Presi den t and Vice -P resident ................................. ...... . 208
2. Term of office of t h e President and Vi ce-Pr ~ i dent ...................... ....... .. 209
3. Term of office distinguished from tenure of office; right
L(> hold office; and office... ..... .. .. ... .............. .... .. .... .. ......... .... ...... .... ...... 209
4. Reelection of President a nd Vice-Presi dent ............ ...... .. ... .... ..... ........ ... 210
5. Reasonll for proh ibition 2.gainst r e-election of Pr esident ...... .. ............. 210
6. Canvassing of r eturns and proclamation ............. ....... ... .... . ..... ............. 211
7. Election contest involving the position of President
or Vice-President ................. ...................... ....... .... .............. .... ............. 212

SECTION 5

1. Oath or affirmation of the President, Vice-Pr.esident ,

or Acting President...................... ............. .... .......................... .... ........ 212

xxiii
 SECTION 6

1. Official r esidence and compensation of the Pr esid~ nt

and Vice-President...... ... ................. ................................................. ... 213

SECTIONS 7-8

1. Classes of Presidenti al succe!!sion ......... .......... ....... ... .............. ..... .... .... .. . 214
2. When Vice-President s h all act as President .... .................. .................... 215
3. When Vice-President shall become Prc!:!ident ....................... ................. 215
4. Where there a re no President and Vice-President.......... .. .. .............. .... 215

SECTION9

1. Vacancy in the Office of the Vice-President ........................... .. ... ......... . 216

SECTION 10

1. Vacancy in the Offices of both the President and Vice-President....... 216

SECTION 11

1. Rules in case of temporary disability of the Presiden t.. .......... ..... ........ 217

SECTION 12

1. When public to be informed of Prt~sid ent's state of health................... 218

SECTION 13

1. Disabilities of President , Vice-President, Ml ~ m bc r s

of Cabinet. and their d eputies a nd assistants ..............·.... .............. 219
2. Rule on nepotis m .. ..................... ......................... ........................................ 220

SECTION 14

1. Appoint ments extended h.v an Acting President..... ....... ............. ... ...... .. 220

SECTION 15

1. Appointments preceding a presidential el<:>ction . ........ ............ .......... .. 221

SECTION 16

1. Meaning of appointment ... .... ... ... ... .. ............ ....... .. .... ....... ........ .. .. .. .. ...... 222
2. Nat.t..re of power to appoint .. ....... .. .. .. ....... .. ................ ... .. .............. .. .... ... .. 222
3. Officials whose appointments are vested in the President.................. 222
4. Confirm ation of appoint ments by Commission on Appointments ....... 223
5. Appointment by other officials......... ........... ..... ...... .... ................. .......... 224
6. Kinds of presidential appointments ........................ ........................... ..... 224
7. Ad interim appointments ............................. .......... ............. .................... .. 224
8. Kinds of appointment in the career services .. .. ..... ............................... .. 225
9. Steps in the a ppointing process .......... ..... ............................. .. ........... .. .. .. 225

xxiv
10. Kinds of acceptance.......... .......................... ........ ........................................ 226
11. Meaning of designation ......................................................... ..... ... ............ 226
12. Removal power of t he President............................................................... 226
13. Extent of the President's power to remove............................................. 227

SECTION 17

l.. Power of control over all executive departments,

bureaus and offices ... .................. ............................ ..................... ....... 227
2. Nature and extent of the power of control................... ................. .......... 228
3. Power to insure that the laws be faithfully executed.. .. ..................... .. 228

SECTION 18

1. Military power of the President ............................................................... 229

2. Powers of President as Commander-in-Chief
of the Armed Forces ... .. .... ..... ........... ...... .... .... ... ..... .. .... ....... ..... .... .... ... 230
3. Authority of Congress over the armed forces........ ................................. 230
4. Power to suspend privilege of writ of habeas corpus ............................ 230
5. Power to declare martial law ...................................................................: 231
6. Meaning of martial law ............................................................................. 231
7. Basis, object, and duration of martial law.. ............................................ 231
8. Restr ictions on the exercise of the two powers . .. .. .. .. .. ... .. . .. .. .. .. .. ... .. ...... 232
9. Effects of a state of martial law............................................................... 233

SECTION 19

1. Pardoning power ......................................................................................... 234

2. Meaning of reprieve and suspension of sentence .................................. 234
3. Meaning of commutation .. ..... ..................... ........ ...... ...... ........................... 234
4. Meaning of pardon ........................................................................... .......... 234
5. Object of pardoning power ..................................................... ................... 235
6. Kinds of pardon ..... ...... ..................... .......................... ................... ............. 235
7. Limitations upon the pardoning power................................ .............. ..... 235
8. Effects of pardon.... .. ......... ..... ............................................. ..... ....... ............ 235
9. Remission of fines and forfeitures .................................................... ....... 236
10. Meaning of amnesty............................................................... .... ................ 236
11. Effect of amnesty........................................................................... ............. 236
12. Pardon and amnesty distinguished......................................................... 236

SECTION 20
1. Authority to contract and guarantee foreign loans ............................... 237

SECTION21
1. Meaning of treaty ...... ,.......................................... ....... ........ ..... ..... ............. 238
2. Distinguished from international agreement
and ex~utiv agreement ........................................ ........................... 238
3. Steps in treaty-making.............................................................................. 239

SECTION22

1. Budgetary power of the President........................................................... 239

XXV
 SECTION 23

1. Prerogative to address and appear before Congress............................. 240

ARTICLE Vlll- JUDICIAL DEPARTMENT

SECTION 1

1. Meaning of judicial power......................................... ........... ..................... 241

2. Scope of judicial power ................................... ... .... .... .... ... ........... .............. 241
3. Giving of advisory opinions not a judicial function. ... ........................... 242
4. Judicial power vested in one Supreme Court and in lower courts...... 243
5. Organization of courts ...... .............. .... ............. ............................. ............. 243
6. Quasi-judicial agencies........ ................... ......... ...... .................................... 244
7. Importance of the judicia ry .................................. ....... ................. ............. 244
8. Independence of the judiciary .................................................................. 245

SECTION 2

1. Power to apportion jurisdiction of various courts

vested in Congress .................................................. ... ......................... 246
2. Jurisdiction of courts ....... ............ ........................... ....... ..................... ....... 247

SECTION 3
1. Fiscal autonomy ......... ... .................. .. .... ...................... ..... ... .. .............. ........ 247

SECTION 4

l. Composition of the Supreme Court.......................................................... 248

2. Sitting procedure ............................................................ ...... ...................... 248
3. Cases to be heard or decided en bane and vote required...................... 249
4. Meaning of executive agreement............................ .................................. 250
5. Classes of executi ·1e agreements ........................ ...................................... 250
6. Meaning of power of judicial review.......................... .................. ............ 250
7. Limitations on exercise of power of judicial review ....................... ....... 251
8. Justiciable question disti n guished from political question .............. .... 251

SECTION 5

1. Original jurisdiction of Supreme Court over cases

affecting ambassadors, etc. ................................................................ 253
2. Original jurisdiction of Supreme Court over petitions
for certiorari, etc. ....... ................. ............. ....... ..................... ............... 254
3. Exclusive appellate jurisdiction of the Supreme Court............. ........... 255
4. Assignment of judges of lower courts to other stations ..................... ... 255
5. Change of venue or place of trial ........ ................... ........................ .......... 256
6. Rule-making power of the Supreme Court ..............:.............................. 256
7. Limitations on the rule-making power of the Supreme Court ............ 258
8. Substantive and procedural law/rights distinguished.......................... 259
9. Appointment of officials and employees .................................................. 259

SECTIONS
1. Administrative supervision over lower courts .................. ..................... 260

xxvi
 SECTION 7

1. Qualifications for members of the Suprem~ Court

and any lower collegiate court........................................................... 261
2. Authority of Congress to alter qualifications of certain
constitutional officers ................. ............. ..... .. .................. ....... ........ ... 261
3. Qualifications of judges of lower courts ..... ............ ................................. 26 1
4. The admini stration of justice ................................................................... 262

SECTIONS 8-9

1. Appointment of members of the Supreme Court

and judges of lower courts . .. . .. ... .. .. .. .... .. . .. ... .. . .. .. .... .. ... .. .. .. ................ 264

SECTION 10

1. Compensation of members of the judiciary ............................................ 265

SECTION 11

1. Tenure of office of members of t he judiciary .......................................... 266

2. Meaning of good behavior ......................................................................... 267
3. Disciplining or dismissal of judges of lower courts ........................... .... 267

SECTION 12

1. Prohibition against designation to quasj-judicial

and/or administrative agencies.................................. ....... ............. ... 267

SECTION 13
1. Procedure in rendering decisions .................. ........................................... 268
2. Requirement in case of non-participation, dissent, or abstention..... . 269

SECTION 14
1. Meaning of decision......................... ............................................ .............. . 269
2. Form of decision of court ..... .................................... .................. .... ........ .... 269

SECTION 15

1. Maximum periods for rendition of decisions................................... ....... 271

2. Time limitations mandatory..... ............................................ .. .................. 27 1

SECTION 16
1. Submission of annual report............................. .................. ...................... 272

AR'l'ICLE IX- CONSTITUTIONAL COMMISSIONS

A. COMMON PROVISIONS
SECTION 1

1. Independent constitutional bodies........................................................... 273

xxvii
 SECTION2

1. Disabilities of members of Constitutional Commissions...................... 274

SECTION 3

1. Compensation of members of Constitutional Commissions ................. 27 4

SECTION4

1. Appointment and removal of officials and employees........................... 27 4

2. Other common features............................................................................. 275

SECTION 5

1. Fiscal autonomy.......................................................................................... 276

SECTION 6

1. Rules of procedure...................................................................................... 276

SECTION7

1. Rendition of decision and judicial review............................................... 276

SECTION 8

1. Additional functions under the law......................................................... 27i

B. THE CIVIL SERVICE COMMISSION

SECTION 1

1. Composition of the Civil Service Commission........................................ 277

2. Qualifications ofmembers ........................................................................ 278
3. Appointment and terms of office .............................................................. 278
4. Rotational scheme of appointment ....................... ................................... 278
5. Reasons for creation of the Commission................................................. 279

SECTION2

1. Meaning of Civit Service ........................................................................... 280

2. Scope of the Civil Service .......................................................................... 280
3. Constitutional classification of positions in the Civil Service............. 280
4. The merit system........................................................................................ 281
5. Non-competitive positions......................................................................... 282
6. Guarantee of security of tenure .................................~. 283
7. Meaning of"for cause provided by law".................................................. 283
8. Abolition of position ................... ................................................................ 284
9. Prohibition against electioneering and other partisan
political campaign............................................................................... 284
10. Meaning of electioneering or partisan political campaign................... 285
11. Activities not covered................................................................................. 285
12. Right of government employees to self-organization ............................ 286

xxviii
13. Right of government employees to strike ..... .......................................... 286
14. Protection oftemporttry employees.................... ......... ............................. 287

SECTION 3

1. Powers and functi on~; of the Commission ............................................... 287

2. Importance of a permanen t civil service ................................................. 288
3. Purpose of providing a civil service system. ........................................... 289
4. Basic requisites of a civil service system............ .......... ........... ............... 289

SECTION 4

1. Oath to dt!fend and support the Co n:~ti uti on ........................................ 290

SECTION 5

1. Standardization of compensation............... ..... ......................................... 290

SECTION 6

1. I neligibility for appointment of defeated candidate

in an election ... .. .. ........... .. ... ...... .. ..... .................. .. ... .. ............ .. ........... 291

SECTION 7

1. Ineligibility for a ppointment of e lective officials ....... .......................... .. 292

2. P rohibition ag ain ~t hol ding more than one position
by appoin tive officials ............... ... ........ ...... ......................... ................ 292

SECTION 8

1. Prohibition agains t additional, double, or ind irect compensation...... 293

2. E"c 2ptions to the prohibition ........ .. .. ........... .. ...... .... ...... .................... ... ... 293
3. Prohibition again,-.t acceptance of any present, etc. from
any foreign st.ate ................................. ................................................. 294

C. T H E COMMISSION ON ELECTIONS
SECTION 1

1. Composition of the Commission on Elections ........................................ 295

2. Qualifications of members ....... ................................. ..................... ........... 295
3. Appointment and terms of office ....... ......................... ............ ............ ...... 296
4. P urpose of the Commission ............................... ....... .......... .. ..... ................ 296

SECTION 2

1. Powers and functions Ofthe Commission............................................... 298

2. Finality of decisions ............... ........ ........ ......... ..... ................................... ... 300
3. Rationale of r egistration of political parties .............................. ............ 301

SECTION 3

1. Hearing of election cases.......... ............................ ..................................... 301

xxix
 SECTION 4

1. Regulation of public utilities a nd media ............................. ............ ........ 302

SEC'flON 5

1. Pardon, etc., of violators of eleetion laws ............. ............. .................. ... 303
2. Meaning of parole ..... ..... ........................................... ..... ..... ........................ 303
3. Meaning of suspension of se ntence............................... .. .... ........ ............. 303

SECTIONS

1. Meaning of pol itical party .... .. .................. .. ... .. .. .. .. .................... ........ .. .. .... 30:3
2. F r ee and open party system.. ..... .. .......................... ....... .... .. .. ..... ....... ........ 303

SECTION 7
1. Party-list. ~-;ystem ... ... ........................................................ .......................... 306

SECTION 8

1. Membership ()f political pnrties, etc. in registration boards, etc. ....... 307

SECTION 9

I. Election per iod ..... .... ... .. ... ...................... ................... ..... .......... ........... .. .. .... 308
2. Campaign period .............. ................................................. .. ....................... 308

SECTION 10

1. Protection against harassment and discrimination ................... ........... 308

SECTION 11

1. AutomaLic rela~; e of appropriations .......... ................ .. ........................... 309

D. THE COMMISSION ON AUDIT

SECTION 1

l. Composition of the Commiss:on on Audit............................................... 310

2. <tualjfications of members................... ..................................................... 310
3. Appointment and terms of office.................................. ............................ :n 0
4. Purpose of the Commi:;sion................ ......................... ............................. 311

SECTION 2

1. PowerH and function s of the Commission .............. ... ....... ....................... 312
2. Concept of examination , auditing, and settlement of accounts........... 314

SECTION 3

1. Exemption of any government entity or its subsidiary ........................ 315

XXX
 SECTION 4

1. Submission of report to t h e President and Congress.... ........................ 315

ART ICLE X - LOCAL GOVERNMENT

GENERAL PROVISIONS
SECTION 1

1. Mea nin g of local go vernm ~ nt. .. . . . . .. . . . .. .. . . . . . . .. . . 3 17

2. Import a nce oflocal governments ....................... .......................... ............ 317
3. Territorial and political s u bdivisions of the Philippines.. .... .. ........ ..... . 318
4. Dual status of local governm ents........ ........ .. ............... .. .......................... 318

SECTION 2

1. Mean ing of!,Jca l a u tonomy ............... ................................................ ........ 3 19

2. Meaning of decentralization ............. ..... ..... ......... ..................................... 3 19
3. Reasons for grant in g local autonomy ........ .. ... ......... ... ........ ......... .... ....... .. 319

SECTION 3

1. Enactme nt oflocal government code ........ ... ... ..... .. .. ...... .. ... ........ .... ......... 32 1
2. Mechan isms of r ecall , initiative, and referen dum..... ................... ......... 321

SECTION 4

1. S u pervi sor y power of P r esident over local governments ...................... 322

2. Supervisory power with r espect to component unit " ....... .................. ... 322

SECTION 5

1. Taxin g power of local government s con stitution ally gra n ted ........ ..... . 32:3

SECTION 6

l. Automatic release of share of nation a l taxes ....................................... .. 324

SECTION 7

J. Share in proceeds of utilization and development

of n ational wea lth .... .... .... ..... ... .... ......... .. ... .... ........ ... ..... .... .. ........... .. .. 324

SECTION 8

l. Term of office of e le cti~ c local offic:als ... .. ..... ... .. ....... ........ ... ... ........... ..... 3 2o

SECTION 9

1. S ectora l representation in local leg isla tive bodies .. .. .. .. ................... ..... 326

xxxi
 SECTION 10

1. Creation, division, merger, etc. of any local unit ................................... 326

SECTION 11

1. Creation of special metropolitan political subdivisions............. .. ......... 327

SECTION 12

1. Component cities and highly urbanized cities ....................................... 328

SECTION 13

1. Grouping of local government units ............... .... .................. ............ .... ... 328

SECTION 14

1. Regional development councils or other similar bodies........................ 329

AUTONOMOUS REGIONS
SECTION 15

1. Creation of autonm~ regions ... ............................................................ 330

2. Composition and condition for creation of autonomous regions .... ...... 330

SECTION 16

1. General supef"\isory power of the President over

auton o m ou~ regions .... .......... ........... ..... ... .. .. .... ... .... ... ... ... ..... ..... ...... .. . 331

SECTION 17

1. Residual powers vested in the National Government................. ... ....... 331

SECTION 18

1. Enactmen t and ratification of an organic act for each

autonomous region .... ... ..... ..... .... .... .... .......... .... ......... .... ..... ........ ......... 332

SECTION 19

1. Time frame for the passage of organic act~ .. ... ........ ..... .................. ..... . 333

SECTION 20

1. Legislative powers of autonomous regions .. .... ....... :........... .................... 333

SECTION 21

1. Preservation of peace and order within the regions . ........ .. ...... ............ 334

xxxii
 ARTICLE XI -ACCOUNTABILITY OF PUBLIC OFFICERS
SECTION 1

1. Meaning of public office and public officer............................................. 335

2. Nature of public office ............................................................................... 335
3. Meaning of officer and employee.............................................................. 336
4. Public oftice, a public trust................................ .... ................................... 336
5. Accountability to the people ......... .. .. .................. ..................... ........ ......... 337
6. Importance of maintaining public trust in public officers ............. ...... 338

SECTION2

1. Meani ng and nature of impeachme nt................. .......................... ......... .. 339

2. Purpose of impeachment ................. .................. .... .................... ................ 339
3. Officials removable by impeachment....................................................... 339
4. Removal of other officials................................................................ .......... 340
5. Grounds for impeachment......................................................................... 340

SECTION 3

1. Power to initiate and try impeachment vested in Congress .... .. ........ .. 342
2. P rocedure in impeachment cases............................................................. 343
3. Penalty in impeachment cases ........................................................ ......... 343
4. Effect of resignation....................... ......................... .......... ......................... 344
5. Rules on impeachment...... ......................... ........... ....................... .............. 344

SECTION 4

L The anti-graft court known as the Sandiganbayan ............................... 344

SECTIONS 5-11

1. Office of the Ombudsman to be known as Tanodbayan ........................ 346

2. Rationale for creation of the two bodies.................................................. 347

SECTIONS 12-13

1. Powers, functions, and duties of the Ombudsman.................... ............ 349

SECTION 14

L Fiscal autonomy............ .. ................. ..................... ... .......... ............. ............. 351

SECTION 15

1. Right of the State to recover ill-gotten wealth....................................... 351

SECTION 16

1. Prohibition against grant ofloan , guaranty or other form

of financial accommodation ........................ .............................. ......... 352

xai ii
 SECTION 17

1. Declaration of assets, liabilities and net worth ...... ............................... 352

SECTION 18

1. Duty of allegiance to the State and the Constitution ........................... 353

ARTICLE XII- NATIONAL ECONOMY AND PATRIMONY

SECTION 1

1. Concept of national economy and patrimony ........... ................. ............. 354

2. Three-fold goals of the national economy ..................... .......................... 355
3. Strategies to accomplish goals ... :....... ................... .... .... .............. ............. 356
4. Guidelines in the development of the national economy ...................... 356
5. Promotion of industrialization and full employment............................ 357
6. Protection of Filipino enterprises against unfair foreign
competjtion and trade practices........................................................ 359

SECTION2

1. State ownership of natural resources...................................................... 361

2. Objectives of policy on natura] resources ............................................... 362
3. Alienation of agricultural lands of the public domain ...... .................... 362
4. Exploration, development and utilization of natural resou:rc2s .......... 363
5. Period of agreement for exploration, etc., of natural resources .......... 363
6. Agreement for exploration, etc., of natural resources
limited to Filipinos.............................................................................. 364
7. Protection of marine wealth ................................ ............ .. .......... .. .... ....... 364
8. Small-scale utilization of natural resources by Filipinos
to be allowed . ...................................................... ..... . .... ....................... 365
9. Technical or financial assistance agreements
with foreign-owned corporations....................................................... 365

SECTION 3

1. Classification of lands of the public domain........................................... 366

2. Basis and 1·ationale of classification........................................................ 367
3. Determination of size of landholdings and conditions
therefor ... .................................. ........ .... ..... ..... ...................................... 367
4. Maximum size of landholdings................................................................. 367
5. Grant, now a mode for the aequisition of public lands ......................... 368

SECTION 4

1. Congress to determine specific limits of forest lands

and national parks.............................................................................. 370

SECTION5

1. Protection of rights of indigenous cultural

communities to their ancestral lands............................................... 371

x.xxiv
 SECTION"S

1. Use of property bears a social function................................................... 372

2. Right to own, Cl:ltablish and operate economic enterprises................. . 373

SE CT10N7

1. Acquisition of pri vate lands.............. ...................... .................................. 374

2. Proh ibition aga inst alien landholding...................... .... .. ......................... 374
3. Consequence of violation of prohibition... ............................. .................. 375

SECTION 8

1. Right of natural-born citizens who have lost their

citizenship to acquire private lands ......... ........ ............... ....... ........ . 375

SECTION9

1. Independe nt t.1conomic and planning agency headed

by the President. t.o be established ...................... .. .................. ..... .... . 377

SECTION 10

1. Filipinization of ce-rtai n areas of in vestmen ts ..... ............................ ..... 379

2. Higher percentage of Filipino ownership.................. . ................ ............ 3 79
S. Existing laws limiting certain activities to Filipi n<•
citizens or corporations ..... .... .......... ............. .... ................................. . 380
4. Regulat ion of foreign inve stm ent ~ . . . . . . . .. . . .. . . 380

SECTION 11

1. Meaning of franchise.. .................... ..... .................... .................. .... ............. 382

2. Meaning of-public utility.. .......................................... .................. .... ......... 382
3. Limitations upon grant of fra nchise, etc. ......... .... ........................... ....... 383
4. Purpose oflimiti ng period of franc hise.......... ....... .... ... ....... ................... . 383
5. Equity participation in public utilities ........... ... ..... .. ........................ ...... 383
6 . Foreign par ticipation in any public utility.. .. ........ .. .. .. .. ............ .. ........ ... 384

SECTION 12

l. Adoption of ''Filipino First" p olicy .. .... ................................. .................... 384

SECTION 13

l. P romotion of trade policy that serves t he general welfa re .................. 385

SECTION 14

1. Promotion of national talent pool of Filipinos ............ ........................... 387

2. Encouragem ent. of appropri ate technology .......... .................. ...... ........... 387
3. Regu lation of technology trans fer .... .. .. ................................ ....... ...... ...... . 388
4. Practice of all professions limited t o F ilipino!' .................. ...... .... ........ .. . 389

XXXV
 SI<~CTON 15

1. Agency to promot.e viability and growth of cooperatives

to he c!'eat.ed ......................................................................................... 389

SECTION J6

1. Formaliun. orgllnization. and regulation of corporations.................... 390

2. Creation of government-owned or -controlled corp0l'at1ons ................. 391

SECTION 17

1. Temporary take-over or- direction of private busim!;;S

by the government .............................................................................. 392

SECTION 18

1. Go\•ernment ownership of husine!'is ............................ .... .. .................... 392

SECTION 19

1. Meaning of monopoly................................................................................ 393

2. Regulatiun or prohibition of private monopolies ................................... 393
3. Meaning of restraint of trade................................................................... 393
4. Meaning of competition ............................................................................. S93
5. Meaning of unfair competition................................................................. 394
6. Comhination!'i in test.r-aint. uf trade and unfair
compP.tition prohibited ....................................................................... 394

SECTION 20
1. Central monetary authority to be established....................................... 395

SECTION21
1. Rules with respect to foreign loam;.......................................................... 396

SECTION22

1. Act:; which circumvent or negate Articl(> XII ......................................... 396

ARTICLE XIII- SOCIAL JUSTICE AND HUMAN RIGHTS

SECTIONS 1-2

1. Concept of social justice............................................................................ 397

2. Duty of State to prc,motc social justice .................. ,................................ 397
3. Beneficiary of social justice policy ........................................................... 398
4. Social justice and property rights............................................................ 399
5. Social jui<t.ice neither social/economic nor legal/political equality...... 400
6. Social justice through rc~;'lation of property
and dif'fu;;ion of wealth....................................................................... 400
7. Social justice through promotion of equality
of opportunity ...................................................................................... 401

xxxvi
8. Constitut ional provisions on social j ustice .... .............. .............. .. ........... 401

LABOR
SE CTION 3

1. Prot ect ion to labor................................ ... ............................... .................... 403

2. Promot.ion of full employment and equal work opportunities ............. 404
3. Rights of workers....... ....... ... ....... ...................................... ..... ... .................. 405
4. Principle of shared respon s ibility .................................... .......... .. ... ......... 407
;). Methods for resolving labor di~p utes ... .............. .......... ........ .. ... ... .. ......... 407
6. Roci procal rights of labor and en terprises............ ..... ..... .... ... .. ............ ... 408

AGRARIAN AND NATURAL RESOURCES REF ORM

SECTION 4

1. Undertaking an agrar ian r eform pr ogram ............................................. 409

SECTION 5

1. P lanning, organi1.ation, and management of the program......... .......... 411

SECTION 6

1. Dis pos ition of othe r natural r esources an d of pu blic

a gr icultural es tate::> ........................................................... .................. 412
2. Resettlement of landless fa rme rs and f a rmw o rk t~rs ..... .. ...................... 412

SECTION 7

1. Rights of subsistence fish e r me n and fishworkerf-! ..... ... ...... .. ..... ........... 413

SECTION 8

1. Inves t ment incen tives to landowners........... .. ........ ....... .. .. ... .... .. .. ........ ... 41 3

URBAN LAND REFORM AND HOUSING

SECTION 9

1. Undertakir..g a continuing urban land reform

a nd housing program ........... ......................................... ... .......... ......... 414

SECTION 10

1. Ej e ctm~ n t and rese t tlement of ur ban 0 1· rural

poor dwellers.. ........ ................... ........ ........ .. ...... .... .. ... .... ..... ...... ...... .... 416

HEALTH
SECTIONS 11·13

J. Protection and promotion of the right to hE>alth ..... .... ........................... 417

xxxvii
 WOMEN

SECTION 14

1. Protection of working women ....................... ............................................ 420

ROLE AND RIGHTS OF PEOPLE'S ORGANIZATIONS

SECTIONS 15-16

1. Role and righto of people's organizations...... ........ ..... ... .. ...... ...... ........... 421
2. Obligatlons impo:;ed on the State ............... ......... ............ ............ ............ 422

HUMAN RIGHTS
SECTION 17

1. The Commission on Human Rights ................................ . . 422

2. Reasons for creation nf t.he Commissinn ........... ............ 423

SECTIONS 18-19

1. Powers and functions of th (~ Commi;;sion ....... ........ .. .. ......... .............. ..... 425

ARTICLE XIV- EDUCATION, SCIENCE AND TECHNOLOGY,

ARTS, CULTURE AND SPORTS

EDUCATION
SECTION 1
1. Concept of education............................................ ..... ... ........... .. ................ 427
2. Ways for acquiring ed ucation ................ ........................... ....................... 427
3. Goals in giving priority t-o (~duca tion, etc. .......... ................ .................... 428
4. Right of all citzen~; to quality education ...... ....... ...... ..... ....................... 42R
5. Duty of the State to protect and promote right
to quality educat.i1m .................. ............................. .... .. ...... ........... 429

SECTION 2

l. Complete, adequate, Hnd integrated system of educat.ion

to be established, maintained, and supported ................. ............... 430
2. System of education t o be relevant to the needs
of the people and society .................................. .... ............................. 431
3. System of a free publ ic education to be estabiished
and maintained... .. .. ... ................... ......... ............ ..... ............................. 440
4. Compulsory elementary education for all child,·en of schoo l age........ 440
5. Natural right and duty of parcnLli to rear their ch ildren............ ....... .. 441
6. Righ t oft.he State to a :;~1ficently educated citizenry.. .. ........ .. ........... 441
7. System of scholan;h ip grants, e tc., t.o be estab lish ed
and maintained .......................... ..................... .... ...... .... ........ ............... 442
8. Non-formal, informal, and indigcnom; learning
;;ysterr.s. etc. , to he encouraged ............................. ........ .......... .......... 442
9. Training in civie:;, vocational cfficiem:y and other
skills to be provided....................................... ..... ... .................. ........... ·!45

xxxviii
 SECTION 3

1. Study of Constitution to be part of school curricula ............................. 446

2. Educational a ims of schools...................................................................... 446
3. Importance of values education... .... ........ ...................... ......................... .. 447
-l. Role of other sectors in the educa tion of the youth........ .... ....... ...... ...... 448
5. Optional religious instruction in pub lic elementary
and h igh schools to be a ll owed ........ .. .......... .. ..... ..... .... .. ......... .. ......... 449

SECTION 4

1. Complementa ry roles of public and private educational

institutions recognized ..... ..... ... .. ...... ...... ....... ..... .... .................. .......... 450
2 . State power over educational in ~ tiuons. . . . . . . . 451
3. Ownership, co ntrol and administra tion of education al
ins tit u t ions by Fi lipino t-'itizcns ..... .... ......... .. .. ... ........... ........... ......... 45 2
4. Educational instit u t ions est abli sh ed exclusively
for aliens pr ohibited......... ....................................... ............................ 453
5. Exemption from taxes and duties .................... ........................................ 453

SECTION 5

1. Regioual and sectoral needs a nd conditions to b«:> taken

into account ....................... ............. ............. ........ ..... .......... ................. . 455
2. Institutions of hi gher !earning t o enjoy academic freedom ................. 456
3 . 'Meaning of academic freedom ... .... ....................... ... ..... ......... ................. .. 456
4 . Importance of g uarantee of aca demic freedom ...................................... 157
5. Guarantee not a cademic licens e .... ....................... ....... .. ............. .............. 457
6. Right of every citizen to select a profession or cou n;~
of study ... . .. ... ... .. ..... ... .. .. .. .. .. .. .. .. .. ... .. ... .. ..... ... .. .. .. ... ... .. .... .... .. ... .. .. .. .. .... 458
7. Right of teachers t o profession a l a dva ncement ...... ... .. .... .. .. ... ............... 458
8. Right of non-tea ching academic a n d non-academic per sonnel ........... . 460
9. State to assign the h ighest budget a ry priority
to education................. .......... .................. ... ......................................... . 461
10. Duty of State to improve lot of t eachers .... ....... .................. ............. .... .. 461

LANGUAGE
SECTION 6

1. Concept of lan guage .............. :......... ..... .... ............................... ................. .. 462
2. Importance of la nguage ............................... ..... .......................... ........ .... .. 462
3. National language is Filipino .. ..... .............................. .... ........................ .. 462
4. Pilipino not immediately abrogated ...... ............ ..... .... ..... .............. ....... ... 463
5. Need for a oHtionallanguage .. ..................... ... ........ ..... .... .... .................. .. . 464
6. Use of Filipino as a medium of offici al communica tion
and langu age of instruction .... ............................... ............................ 464

SECTION 7

l. Official languages ofthe Philippines ...................... ................................ 465

2. Need for communication skills in E nglish...... ...... .. ............................... . 465
3. Auxiliary offi cia l languages.. .. ... ......... ................ .. .... .. ..... .... .. .............. .. ... 466
4. Difference bet ween officia l la ng uage and national lan guage ...... ...... .. 467

x.xxix
 SECTION 8

1. Constitution oflicially promulgated in Filipino and English...... ........ . 467

2. Translation and interpretation ............................... ..... .... .... .................... 467

SECTION 9

1. National language comi ~?s ion to be establi:;h ~d .................................. 46R

SCIENCE &'lD TECHNOLOGY

SECTIONS 10-13

1. Concept of science and technology ... ....................................................... . 469

2. Science and technology essen tial for national
development and progress . ................. . ................ ......................... .... 469
3. Promotion of science and t echnology................. ...................................... 4 71
4. Science and technology education and training ............ ................. ........ 4 72
5. Right to inventions, etc ., to be secured...................... ............. .......... ...... 473
'•,,,',,,
\.
ARTS AND CULTURE \\

SECTION 14

1. Conceptofart sand culture... .. .. .. .. ..... .. ..................... .. ...... .. .... .................. 474

2. Importance of culture ................................................................................ 4 74
3. Promotion of cultu re .... .......... .... .... .................. .... ...................................... 4 75
4. Preservation, enrichmen t, and dynamic evolution
of a Filipino national culture........ .. .................................. ................. 4 76

SECTIONS 15-16

1. Cultural trea::;ures ofthe nation .............................. .. .. .......... .................. 4 78

SECTION 17

1. Rights of indigenous cult ural communities.......... .......................... ....... 4 79

SECTION 18

1. Equal access to cultural opportunities.................................................... 480

SPORTS
SECTION 19

1. Concept of sports .......................... ................ .................... ......... ............... .. 480

2. Promotion of s port;, ...... ............................ ....... ......... :...... .. .. .............. ......... 48 0

ARTICLE XV -THE FAMILY

SECTION 1

l. Concept of family ...... ................................................. ......... ........................ 482

xl
 Importance of the family to the State ................................................... .. 482
The Filipino family, the fonr.clation of the nation ................................ . 483
~- Sphere of law on fan1ily ........................................................................... .. 484

SECTION 2

1. Concept of marri<tgf' ................................................................................... 484

2. Marriagt\ an inviolahle social institution .............................................. 484

SECTION 3

1. Duty of State to defend family right;;...................................................... 485

Sl<~CTION 4

1. Duty to ca!'e for eldel'ly members............................................................. 487

ARTICLE XVI -· GENERAL PROVISIONS

SECTION 1

1. The Philippine Flag................................................................................... 489

2. Exemption from flag een•mony on religious grounds............................ 491

SECTION 2

1. Adoption or a new name forth(~ country, a national

anthem, or a naLional f'C~al ............. ........................... .. ...................... 492
2. Playing or singing of the 1\ ational Anthem............................................ 494

SECTION 3

1. Pri neip le of mnH;u abih ty of the State . .. ... .. .. .... .... .... .... ............. .... .... .... 494
2. Bases of the principle;;;............................................................................... 495
:i. When suits against the State pf~rmisbl .............................................. 495
1. Waiver of immunity 110t admi!,:sion of liability...................................... 496

SECTION 4

1. Armed Forces of lh~ Phi hppinc;; to include a citi£en

arn1cd force........................................................................................... 496
2. The citi.,en ar·my {~oncpt. ........................................ 497

SECTION 5
1. Rules applicable tc the armt>d forcef<....................................................... 498

SECTION 6

l. One national and civilian police force~. . . 499

SECTION 7
l. Assistance to veterans. their widow;; <tnd orphans............................... 501

xli
 SECTION 8

1. Review of pensions anrl other b<mefits du e to ret.in!eS ............ ......... .... 501

SECTION 9

1. Protection of cons umers .... ..... .. ............ .. .... ... ...... .... ... ..... .. ........ .. .... .... ..... 501

SECTION 10

1. Filipino capability in com~ ica tion ancl informati on ..... .. .... ....... ...... 502

SECTION 11

1. Ownership and management. of mm;s mNlia

by Filipino citi <,cns ... ...... .. .... ............. ... .. .. ...... .. ........ ... .. .... ..... .. .. .. .... .. 504
2. Regulation or prohib ition of mon opoli£•S in cc,mmtrcia l ,.....-
mass media ........ ........ ............. ....... ..... ... .......... ... .... .................. ...... .... .. i'i05
3. Regulation of the a dve rtisi ng indu.:.;t;·_v .. ............... .. ... ....... .............. .... .. fi05
4. Ownership and munagement of a clverti:;ing ind w'tt'}' .. ....... ........ ...... .. 506

SF.CTION 12

1. Creation of consu ltative body ror indigcnou;; cultllra l

communities. .... .............. .... .. .. ......... ... .... ....... .. .... ....... ... ........ ... ..... ... .... 506

ARTICLE XVII- A.~ENDMTS OR REVISIONS

SI!:CTION 1

1. Amendment and r evision distin g u ished ... .... .... ........ .. ... ...... .................. 508
2. Importance of the a mending proeedurP .... ......................... .. .. ............... 508
3. Methods hy which a mendments or revi.:;ion
may be propos ed .......... .... ... ........ ..... ..... ....... ....... .. .. .... .. .... ... .. .. .. .... .... .. 509

SECTION 2

L Amendments propo!:!ed by the people th rough in itiative.............. ........ :309

SECTION 3

1. Methods by which a constitutional con v( ~ 1H io·1 n; ,;y be callf>d . 510

2. Meaning of constitutional con vent ion .. .. . ... . .. .. ... . ... ...... .. ... .. ... .. ... .. ... ..... 511
3. Cons titution drafted by an appointive Con .:;titutionnl
Commission... .................. .................... .... ... .... ... .... .. ... .. ... ... ... ...... ..... . 511

SECTION 4

1. Rati5 ca t.ion by the people ...... ............... ..... .. ..... ....... ..... ..... .... ............. ... .. 512

ARTICLE XVIII - TRANSITORY PROVISIONS

l. Meaning and pur o~ e of t ransitory pr ovision s ....... ........ .... .... ..... ... ..... .. 5 13

xlii
 SJ<-:CTIO!"'J 1

1, Fir:;t el{•ction under the Con,titut.ion ............ , ....................................... 513

S.J<:CTION 2

1. Term of office of .Senator~, Hevrt:·sentatives, and locul

of'l'iciais first ele('tcd ............................ ,............................................... 514

SECTlON 3

1. All exist.\ng law!', ete .. remain valid until amended,

l"t~pead or revoked............................................................................. 514

SECTION 4

L Renewal vr extension of exi~tng treaties or international

agreen1cntil ......... .................................................................................. 515

SECTiON 5

L Six-year term for incumbeilt President. and Vice-President

extended......................................... ................................................... .... 515

SECTION 6

1. Transitory legislative power of President............................................... 517

SECTION 7

1. Appointment of nominee::; to sectoral seats ......................................... .. 517

SECTION 8

1. Metropolitan Authority may be eon:-:tituh:d ........................................... 517

SECTION 9

J. Sub-provinces to continue to exi~t Hnd operate..................................... 518

SECTION 10

1. Existing courts to <:ontinur. ....................................................................... 518

SECTION ll

1. ln(;umbent members of the judicil.lry to continue in office................... 519

SECTION 12

1. Adoption of a sy~;temaic p!an to expedite re~olutin

of pending cases in coLtrts .................................................................. 519

xliii
 SECTION 13

1. Lega l effect of lap;;c uf maxim\HO period Cor l'CIHlering

j u d icial decision .......... ..... .... ................ ... ... ....... ....... ....... ....... .. ........ 519

S ECTION 14

1. Wl1erc applicable period for rendition of judicial deci:;ion

lapsel! after ratificat-i on of C(tnstitution ...... .. ... ...... ... .................. .. 5:l0

SECTION 15

l. Incumbent members of the Constitutional Comi;:~ns

to continue in office..................... ........................ .... ... .... ........ .... ....... 520
!

SECTION 16 ,/
/
. ~·/
1. Right. of separated civil ~;crvi.e employnt!~ ttnd career (Jfficc!'s ... ........ 521

S ECTION 17

l. An nual sa lar ie~ of constit.ut.ional officers.. .... ............ ...... ............... ..... ... 521

S ECTION HI

1. Incr ease of salary scales of olht!r offi cials an d employee:< ............ ....... 51:2

SECTlON 19

l. Disposition of p roperties, rec:tlt'd::< . et<:. .......................... .... ...................... ;)22

SECTIO~ 20

1. Full im plementation of free puhlic seconda 1·y educai.ion ........... .. .. ...... 522

SECTION 21

1. Reversion to State of illegally ucq Llin ~d p11b!ic lands

and rea_l rights cunnected t.hc1·cwith .. .. ........ ... ....... ..... ............. ........ 523

SJ-.; CTlON 22

1. Expropriation of idh! or aba ndotH1d la nds ... ...... ............... ..... .......... ...... . 523

SECTION 23

1. Compliance hy adYertising compa nies with min im um

Filipino ownership requirement .............. ... .............. .... ............ .... .... 524

S:f~ C TION 24

l. Private armies and other armed groups t.o be d isman tled ...... .. .. ..... .... 524

Jtl!v
 SECTION25

1. Requirements for allowing foreign military base!!

in the Philippines............. ...... .............................. ............................... 525

SECTION 26

1. Sequestered or frozen properties .................................. ..... ...................... 526

SEC1'ION 27

L Effectivity of the ne"v Constitution....................................................... ... 527

ORDINANCE.......................................... ............................................................. 528

- oOo-

xlv
 INTRODUCTION
A. THE STUDY OF POLITICAL
SCIENCE

Meaning of political science.

Reduced to its simplest terms, political science is the systematic study
of the sta~:! and government. The word "political" is derived from the
Greek word polis, meaning a city, or what today would be the equivalent of
sovereign state; the word "science" comes from the Latin word :~eir, "to
know."
c 1) The scien(~ of politics. therefore, has, as its formal object, a basic
knowledge and understanding of the state and of the principles and ideals
which underlie 1t::; organization and activities .
. (2} It is primarily com:erned with the association of human beings into
a "body politic," or a politl<:al community (one o1·ganized under government
and law}.
(3) As such, 1t deals with those relatiom> among men and groups which
are subject to control by the state, with the relations of men and groups to
the state itself, and with the 1·elations of the state to other states. 2

Scope of political science.

Political science is a very <:omprehn~iv field. Its curriculum is almost
certain to include courses in political theory, public law, and public admin-
istration as well as in various monl specialized subjects.:i
d) Political theory. --- The entire body •)f doctrines relating to the

!Tht! word ''state" should not be wnfu;;ed with t.he states such as tho::;e which comprise
the Unitc,d States. As used above, the term is equivalent to "nation" or "country," for
E-!Xcllnple. lhc United States, Gr~at Britain, Philippines, Japan, etc. which are state!i in the
polit.it:al scientist's sense. tRode:;;, Ander!i>on, and Christo!, Introduction to Political Science,
McGraw-Hill, Inc., 1967 ed .. p. 4.)
2 Schmandt and Steinbirker ..t'andamentllls of Government, The Bruce Publishing Co.,

1954 ed., pp. 17-18.

"Such as local ~ovcrnmt, political p.:rties, elections, public opinion, public finance,
government. and business, comparative political institutions, international relation!> includ-
ing diplomucy (or international politicb} and inter~oal organizations.

1
2 TEXTBOOK ON THE PHILIPPINE CONSTITUTION

origin , form , behavior , and purposes of t h e s ta te are dealt with in the stu dy
of polit ical theory.
(2) Public law. - ·· The (aj orga nization of governments, (b) the limita-
tions upon gover nmen t authority, (c) the power s a nd duti e~ of governmen-
tal offices a nd officers, and (d ) th e obligation s of one state to another ar c
handled in the study of public la w. In contradistinction to the rules of
private law, which govern the rel ~ti ons among individuals, public law is so
specialized that separate courses are offered in each of its subdivisions -
constitutional la.w ( a , b ), admin istrative law (c ), a nd international law (d ).
(3) Public administration. - In the study of public administration,
attention is focused upon the methods and techniques used in the actua l
management of st a te a ffa irs by executive, legislative, a nd j udicial branches
of governmen t. As t he compleY.ity of government activities grows, the
traditional distinctions a mong t h e powers of these br a nches become even
less clear-cut.4 Today, le gislative bodies have been forced to delegate greater
dis cr etion to executive officers r esponsible for t he conduct of gover nment
poli cies and powers. Thus , we fin d many a dministr ative agencies exercis -
ing quasi-legislative and quasi-judicial power s , i.e., powers which a re legis-
lative (see Ar t . VI, Sec. 1.) and judicial (se ~ Art. VIII, Sec. 1.) in na ture.
Administr ative law, a lr eady r efe rred to , nlso f a l ~ ~ : ~vit hfi. -~ scope of
any broad study of public a dminist r ation.s "-

Interrelationship with other branches

of learning.
No precise a nd definitive bouudal"ies can be placed a round a subject a s
comprehensive a s poli tical science . lt shares many points of common inter -
est with ot her s ocial disciplines .
(1 ) H istory. -The bond between the political scientist and the histo-
rian is obvious in the observation t hat "history is past politics and politics
present history .'' 'fh.e political sci entist fr eq uently a d opts a "his tori cftl
approach" and employs knowledge of the past when h e s eek s t o interpret
present and probable developments in politica l phenomena.
(2) Economics. - - U ntil late in the 19th century, political science and
economics (the study of t he production, distribution, a nd conserva tion, an d
consum ption of wealthj were coupled under the name of politica l economy.
Today, these fields are j ointly concerned with the fact that economic condi-
tions affect the organization, deve lopment, and activities of states, which in
turn modify or even pr escribe economic conditions. The political scientis t
regularly adopts an "economic approach" when seeking to inter pret such
matter s as "public fin ancial policies'' and government r egulation of business.

'See Jacobsen an d Lipma n , Polit ica l Science, Barnes a nd Noble College Outli ne S er i c~.
1965 ed., pp. 2·3 .
-'• See Rodee, Anderson. a nd Christ.ol, n o t ~ J, op. c:it .• pp. 14-15.
 I N'rROOUCT!ON 3
A. The Study of Political Science

@ Geography. - Geopolitics (a science concerned with the study of the

influences of physical factors such as population pressures, sources of raw
materials, geography, etc., upon domestic and foreign politics) indicates
one approach which a political scientist frequen t ly must adopt to help
explain such phenomena as the early growth of democracy in Great Britain
and the United States and its retarded growth in certain Continental
Europe, and the rise of authoritarian governments in developing countries.
(4) Sociology and anthropology. - The political scientist, the sociolo-
gist (who specializes in the study of "sudety as a whole"), and the anthro-
pologist (who studies ''mankind'' in relation to physical, social, and cultural
development) are all deeply concerned with the origins and nature of social
control and governmental authority, with the abiding influences of race
and culture upon society, and with the patterns of collective human behavior.
(5) Psychology. - The political scientist as well as the psych9logist
promote:.; studies of the mental and emotional processes motivating the
political behavior of individuals and groups. One of the many topics which
the political scientist handles from a "psychological approach" is that of
public opinion, pressure groups, and propaganda .
(6) Philosophy. - 1'he concepts and doctrines of Plato, Aristotle and
Locke (and other universal thinkers about the state) are important to the
specialist in academic philosophy and also to the political scientist. These
concepts arc the underlying forces in the framing of constitutions and laws.
The political scienti st considers the branch of phil o~:; phy called ethics, too,
when he contempl ates the moral background of proposed changes in soc.-ial
legislation.
(7) Statistlcs and logic. -The political theorist must possess a broad
scientific background and a knowlf!dge of current political problems, and
he must employ scientific methods in gathering and evaluating data and in
drawing conclusions. These invo~e a proper application of statistical pro-
cedures for the quantitative measurement of social phenomena and of
logical procedures for the analysis of reasonig.' ~

(8) Jurisprudence. --This branch of public la.\v is concemed wit.h the

analysis of existing legal systems a nd also with the ethical, historical,
sociological, and psychological foundations oflaw ."'A comprehension of the
nature of law (whether the ''natural law" or the ''divine law") a nd of
statutes enacted by legislatures is indispensable to the political t heorist. ~

Law and state are inseparable . A:'tf:...states proclaim laws, effective

within their jurisdictions, and enforce them through a system of penalties
or sanctions. To maintain a fu11 understanding of the facts of politka l life,

6 Sce Jacobsen and Lipman, note 4, op. cit., pp. ~ - 5.

7
Rodee, Anderson, an d Christo!, not e 1, up. cit ., p. 14.
6 See Jacobsen and Lipman, note 4. op. ci t. ., p. 4.
4 TtJXTBOOK 0 ~ 'J'HE PHI LI PPINE CONSTITUTION

t he political sci en tist has t o combin e the legal with th e extra-legal view-
points .9

Function and importance of political

science.
(1 ) The function of political science i ~ to discover the pr in ciples that
should be a dhere d to in public affa irs und to st udy the oper ations of
government in or der to demonstrat e wh a t i s good , t o criticize what is bad or
inefficient, a nd to suggest improveme nts .
(2) Its fi ndings and concl usions may be of immense pract ical u se t o
const itution-makers, legislators, executives, and j udges who need models
or norms tha t ca n be applie d to imm ed ia te situati ons . Again, t hey m ay be
of immense pra ctical use t o individua ls who seek to un de n~ta nd the state in
which they live.
( 3 ) The study of political science deal s also wit h problems of socia l
welfa t'e, governmental economic programs, internationa l cooperation, and
a wide range of other matters t hat are urgent concern to publi c offi cia ls and
to private citi z.ens. 10
/
!
Goal in the study of political science I

courses.
Why s hould t he university or college student st udy politica l s~ enc e?
Wha t good will i t do him or he r, in la ter life'! Will it h el p in ge tting a j ob -·
in "getting a hea d"? Are political s cience courses ''practica l" (i.e., voca-
tional)?
(1 ) E ducation for citiz(mship. - I n answer, it should be ma de clear th at
the primary objective of the political science cu rriculum is education for
citizenship. The prepara tion of studen ts for careers in politics, law, teaching.
the civil service, a nd t he foreign service (though vitally important ) is Recond-
ary to the ta :~ k of equipping them to dist:ha rgE> the obliga tions of democratic
citi ze nship, which grow consta ntly heavier in the modern world.
(2 J E.c;sential parts of liberal education. _.. Most polit ical scie nce courses
should be viewed as esse ntial parts ofl iber"' l e d ucation, bearing no materi-
a h stic pr ice tag an d promising no j ob s ecurit y. Su ch shop-worn adjectives
as "pra ctical" a nd "cultural" have no releva nce h ere. I ntelligent, responsi-
ble cit izens hip ca n save democracy; ignoranc e and negligence can lose it .
Democra cy has pra ctical a dvant ages which no one can appraise in mon-
etary terms. Just how much is freedom worth? The oft-repeated but seldom
comprehended quota tion, " et e r~l vigilance is the price of liberty," r equires
amendment. Study, in for mation, a nd understanding of the com plexities of
modern government and politics are necessary as eterna l vigilance.

~ I b i d.
' ~ Ibid., p . I.
 iNTRODUCTION 5
B. Concept!:< of Slate and Government

1.3 J Knowledge and understanding of' government. -·· Political science

:;eeks to gather and impart this knowledge and understanding. 'fhe "good" .
citizen who behavl:!s him1:wlf <md votes regularly is no longe1· enough. He
must algo be th~ citizen who knows the answers. He mu~t know ho~' his
.government really operates, what interests and forces are behind particu-
lar policies, what the results of such policies are likely to be, what his
rights and obligations are, who his elected representatives are, and what
they stand for. 11

B. CONCEPTS OF STATE AND GOVERNMENT

Meaning of state.
A stale is a c:ommunity of persons more or less numerous, permanently
occupying a definite portion of territory, having a government of their own
to which lhe great body of inhabitants render obedience, and enjoying
1
freedom from ext~rnal contrl. ~
The Philippines is a state.

Eiements of state.
.
The modern state has four (4) essential elements. They are:
(1) People.- This refers to the mass of population living within the state.
Without people there can be no fimctionarie8 to govern an<l no subjects to be
governed. There is no requirement as to the number of people that should
compose a state. But it should be neither too small nor too latge: small enough
to be well-governed and large enough to be self-sufficingY
Reputedly the smallest state in point of population is the Vatican. Its
estimated 500 citizens, mainly clerics and some Swiss guards, are ruled by the
Pope. 14 The island Republic of Nauru15 has a total population of only about
9,000. China is the largest state in point of population placed at more than one
billion.
The Philippines is now estimated to have a population of about
82,663,000, 16 composed mostly of Malays and Chinese;

1 'Rodec, Anderson, and Christ.ol. note 1, OfL i:it., pp. 17-1H.

1 ~Se Gamer, Introduction to Political Science, pp. :~H-41.
1 '~Sc Gar11er, p,,Jitical Hci~me and Gtw't., p. 74.
"In 2003, the Vatican had a population ofjul't 492, a world record. with only 240 people
holding citizensh;p, hut about 111 million tourists arriving t-ach yeur tn !:'1:'1:' the headquarters of
the Roman Catholic Church ancl the home ufthe Pope. iManila fhtl~in, ,Jan. 1, 2004, p. A-2.'•
1;Locatcd in the southwest. l'acifk ;1bout aO mile~ !'Outh of th«l Equator and 1,300 miles
northeast of Australia. The Republic c,f Palau, one of thi1 Micronesian islands about iOO
kilometers east of Mindan;;o. hRs a population of about 15.000 in 1973. The island kingdom of
Tonga located in the western South Pacific Ocean. with Fiji on the West and Samoa on the
northeast, ha!'; a population of about. 100,000 in 2003.
'GIJ'his is :1ccording to the data from the National Cen1;us and StatisticR Offict- !NCSO}. It
may now he about 85 million. The latef't actual account, which is done e-very five (5) years, in
20<)0 was 76,498.735, with a 2.:H>'1i annual growth rate. The 1995 figun~ waH 1>8,616,536 with
a growth rab of 2 a2'iL
 6 TEX'l"SOOK 0~ THF. P H IL P l~E CONSTlTCTION

<2) Territory. - It indudes not only the~ >,Z er _wl:lic!l th!:! jurisdiclion of
the ~ ta ~ . ~t.e .nds , but also t he 'f!Y ~'= § ..~n d J.ik~ "therein , a .~Ltain area. of.the
sea wJ~ c_h.a b.ut & upo n itB coasts and the a ir space above it. Thus, the domain of
the state may be described as terrestrial, ..... ·- . fl. uvial,
~ ~- . . maritiri1e,
-- -4·- and C!erial.
-- ~

The smallest s tate in point of territory is Vatican , located just outside

the western boundary of Rome with a n area of on ly 1/() s quare mile or 0.43
squa r e kilometer. It would flt in Rizal Park in Manila. The Republic of
Nau ru h as an area of about eight (8) square miles or 20 square kilometers .
The former Sovi et Unjon 17 was t h e largest state in point of territory with
its total la nd a rea of about 8,599, 776 square miles. Now, the biggest st.ate
is Can ada, having a n a r ea of:~,852 ,0 square miles whi.ch covers a sur face
n early as large as E urope.
T h e Ph jlippines has a total land area of about 115,707 squar e miles or
299,681 :.>quare kilometers; 1-'-
(3) Q.ourrnment.- It refers to t h~l:cy_.to a~ h which thc.Yt:ill_Qf!,he
~d , e x.£i ~ ~ -~: ~ carried_Q..l_lt. The word is sometimes u~ e 'a
to refer to the person or aggregate of th ose persons in whose ha nd::; a r e
placed for t he time being t he function of political control. This "body of
men" is usually spoken of as "~ drn.iusa w m . " The ordinary citizens of a
country a r e a par t of the state, but a.re not par t of the government; a nd
( 4) .SD..uerdg.n.ty. - The term m ay be defin ed as the _8 !J-_2.:em _e , P 9 ."~er _ of
the state> to.£Qm.111and a_~g _ e!lfor<; .oQa.£_h e-':J.ceto ltl) will fr om people within
its j urisdiction and corolla rily1 t o have fre edom from fo reign cont rol. It has ,
therefore·; two manifestations: . -- . ..
-
0

,/:r . H - O • - -·

/
(a) _i_n f.J:.r.!Jg_l or the pow «:! ~.o Lt ~u ~ \~th i q_J.t ~ . t~ .r jtl) r _y ;
a nd ·
(b) ~ nal or the fre e99..!!LQLt_he s tate to ~ a uy out its a cti viti es
.w i t h o~sy J. J ecti a.nto .21 control by .9.thtir ~lj!tes·. External sovereignty. i::;
often referred t o as m . d ep ;i " J im~ . .
These in ternal and exter nal aspct:ts of sovereignty a rt' not a b:wlutely
true in pr actice beca use of the de\'el upment of i nterna tion a l rel a tions a nd
consequently, ofinternationa l la\<.· .

~·
There are severa l theories concerning the origir, of state::;. amlmg which
are:
( 1) !) i t.Ji!~ e right theory. - I t holds tha t the s tate is of divine cre ation
a nd the ruler is ordained by God to govern t he people. Refer ence h as been
m a de by advocates of this theory to the laws which Mos es received at
Mo unt Sinai;

17
With the collapse of com munism, the Un ion of S oviet Sociali,:;L Republic (USSR) broke
up into several indepe ndent st ates, r eferring to t.hem~;dvcs as the Confederation of lode-
pendent Siates tC IS ).
'AA square tn ile is eq u iva ltmt to 2.59 squa1·c k ilome t ers.
 INTRODUCTION 7
B. Concept.s of State and Gon!rnment

(2) ~esi(y m· force theocy... ---It maintains that states must have been
created through force. by some great. warriorfo\ who imposed their will upon
i..he weak;
(3} Paternalistic: theory_ --- It attributes the origin of states to the
enlargementof the family \vhich remained under the authority of the
father or mother. By natural stages, the family grew into a clan, then
developed into a tribe which broadened into a nation, and the nation
became a state; and
( 4) Social contract theorY~- It asserts that the early states must have
been for~edby deliberate and voluntary compact among the people to form
a society and organize government for their common good_ This theory
justifies the right of the people to revolt against a bad mlcr
It is not known exactly which of the above theories is the correct one.
History, however, has shown that the elements of all the theories have
played an important part in the formation and development of states_

State distinguished from nation.

Nation should not be confused with state a5 they are not the same.
( 1) The ~js a miltca_on~p, while vation is an .~nic con~-pt. A
'l:E.no_rds a,.group ()f p~ole bou~lc.J&iI .P...t-!:.ertain characteristics such
as common 'SOcial" origin, language, customs, and traditions, and who be-
lieve that they are one and distinct from others. The term is more strictly
synonymous with (:_peo~
(2) A state is not subject to external control while a nation may or may
not be independent of external control; and
(3l A single state may consist of one or more nations or peoples and
conversely, a single nation may be made up of several states. The United
States is a melting pot of several nationalities. On the other hand, the Arab
nation is divided politically into several sovereign states. Among them are:
Egypt, Saudi Arabia, .Jordan, Syria, Lebanon, and others. The Philippines
is a state composed of one nation.
In common usage, how·ever, the two term:'~ are often used synony·
mously. The Constitution uses them interchangeably.

State distinguished from government.

In common speech, they are usually regarded as identicaL As ordinar-
ily, the acts of the government (within the limits of the delegation of
powers) are the act.1-l o! the state, the former is 111eant when the latter is
mentioned, and vice versa.
The g_Q~Emeis only the._a~c!\u:g ~}:litj t~e 3}ate_~
.t$_~1-cal}L witho~f._gQve!:nl;Iu -~t is possible to
have a government w1thout a~ Thus, we had var10us governments a~
different periods of our history, from pre-Spanish times to the present.
 T EXTHOOK 0::--1 THE PH.ILIPPJNE CON STITlJTTON

There was no Ph ilippin e state during those periods when we were under
foreign domination .. ~'\ ~ . \~ "' · ' , •·-- /,... ¥ ' -. "~' ':"' j.Jvvi·"'J\ ,:\'r~- J-.A \.0~ t ,~ ~ ....~
- .. . ..)}I'Jtlfl':-. ~v ~: ~ . 'vf' ·N ,._rv ~).I\ .lJf'~) JI'fU. ':. ' "· :. ~ "'\vl- ~ .,f " "
A government may change, 1fs form may chan~e. but the state, as1o·ng
as its esgential clements ar e present, remains the same.

Purpose and necessity o1 government.

(1) Advancement of the p ublic welfare. - Gover nm ent exi sts and should
con tinue to cx i!->t fo r th e benefi t- of the people governed. It is necessary for
the protection of society and its members , the security of persons and
property, the administra tion of justice, the preservation of the state fro m
external d a nger, a nd the advancement of the physical, economic, social and
cultural we ll-bei ng of t h o peo ple .
(:l ) Consequence of absence. - Government exista lo do these things
which by t heir ..Jery nature, it is bettP-r equipped to a dmi nister for the
public welfa re than any priv a te i ndividual or group of individuals. It is
obvious that wit hout an organized structure of government, a narchy and
disorder, and a gen eral feeling of fea r and inse<.:ur ity will pn~ vai l in society,
progress and developme nt will not be possible, and va lue:; taken for gran ted
in a free modern society such as truth, freedom, j ustice, equality, r ule of
law, a nd human dignity can never be enjoye d.
The need for government is so a pparent that even the most primitive
socie ties, history shows, had some form of it.

Forms of government.
The principal for ms a re the following:
(] l A s to number of per:wn.s exerdsing sovereign p ow er!'~ :

(a) lviJ/[q)chy or 9lle in which the supreme and fin al authority is in

the hands of a single person without r egard to the source of hi:; ·e lection
or the nature or d uration of hi.!> t enure. Monarchies a re fur ther classi·
fted in to: · /_...r··· -
1) Absolute mona.rch:y or one in which the ruler rilles by divine
r ight; and
21 L imited monarchy or one in whkh the ruler rule1-:. in accord-
antt! w!th a constitution; ~ W.\It ~n-j c.,. .~
lh J A•· t \~f a_c y or _pt~ e in which political power is exercised by a fe w
privil eged class which is known 11!-; an a ristocracy or oligarch y; and
. .·D em?.lcracy
tel L~\) or .P{te m - w h IC
- h po1·ttl<.:a
. I power
. . exercise
1s . d by a
rnajOJ"i ty oi"the ·people. '' De mocratic governm ents are fu rther classifi ed
1

in to:
1) J)irect or p ure de mocracy or one in which the will ofthe state
is for mulated or expressed di~ectly and i m ~diately through the
~\ ~\-<. ' · Ir\l-. -1. ~ ·,<:, ~'\o \ -
-------'9 G >~r ne r . Polit.c~ l SciCJ)Ce and Government, p. :315.
 rNTRODlJCTfON
B. Conct!pf.s of Sl<ltt' <md Government.
c..J;;- , •.!l. . - ·t~ .......'\l•orv \~ ,.L.
~-
...._".
.~n
people in a• mass meeting or primary assembly rather than through
the med1um of delegates or representatives chosen t1) act for thern; 20
and
2) Indirect, representative, or n~publica democracy or one in
which the ltillof the state is formulated and exp1·essed through the
ag_encygf.a..r.clati:v.cly sm.alland select body.oTp-ersons ch075en by the,
people to act as their rep_~sntaiv-;. 21

(2) "As to extent of powers exercised by the central or national govern-

ment:
(a) Unitary government or one in which the control of national and
local affairs is exercised by the central or national government; and
J "---'.A ~'tV v--1. ..--:.. .
--' -- (b) Federal governmertt or one in which the powers of government
• • .. "- ~v'· ·are divided between two sets of organs, one for national affairs and the
~-"' "'~- vther for local affairs. each organ being supreme within its own.»phere.

:.~-
. ·-~ .....~
... ',,n
. (),
The United States is a federal government.
(3) As to relationship between the executive and the legislative branches
·

-...: \-;.···'' ·of'\he government:

~ -:.,._._.. u ; ( ) Parliamentary government or one in which the state confers
f ·- ~ upon the legislature the power to terminate the tenure of office of the
.:--/.... -· d·, real executive. Under this system, the Cabinet or ministry is immedi-
~ 4>'.'-..i ·:f
.---. • .t. _ ately and legally responsible to the legislature and mediately or politi-
·~:.-'t ~ cally responsible to the electorate, while the titular or nominal execu-
• . ._,j.., t.ive - the Chief of State- occupies a pMition of irrespon.sibility; and
(b) Presidential government or one in which the state makes the
executjve constitutionally independent of the legislature as regards his
tenure and to a hu·g(! exlent as regards his policies and acts, and
furnishes him with sufficient powers to p-revent the legi::;lature from
trenching upon the sphere ma1·!>.ed out by the constitution as executive
independence and pre.rogativG. 22
On the basis of the above dassHications of government, it can be said that
the Philippine government is a representative democracy, a unitary and
presidential government with separation of powers. It also embodies some
aspects of pure democracy such as, for instance, the constitutional provision
on initiative and referendum. (see Art. VI, Sec. 32.) Under our Ctmstitution,
executive power is vested in the President and the Cabinet, legislative power
with the Congress composed of a Senate and a Hou.sc of Representatives, and
judicial power with the Supreme Court and the lower ~ourts.-' 1

~ 0 It iii no longer phyFoically pos~ihle in nn_v country today because of increase of popula·
tion, expansion of territory, and complexity of modern-day problems.
· 21 Garner, note .19, p. :H!).

ztS(<C Garner, Introduction to Political Science, pp. 97-100.

2 '1Fundamentally, what determine;; the effectiveness of a government to promote the

common good and achieve the development gnal!; of a nation is not it.ii form, but t-he quality of
men and women whro serve in it.
10 TEXTBOOK 0~ TTH: PHTLIPPJ NE CO.NSTITU1'ION

C. THE GOVERNMENT OF THE

PHILIPPINES IN TRANSITION

The pre-Spanish government.

(1) Unit of government. ·-· Prior to the ariv ~ Il of t he Spaniards, the
Philippines was compolSed of settlements or vilag~ !S, each called barangay
(consisting of more or less 100 families j, named after balangay, a Malayan
word meaning "boat" (ther eby confirming the theory that the early Filipi-
nos came to the Philippines in boats). Eve1·y barng~y was virtually a
stat e, for it possessed th e four basic elements of statehood. At times,
however, some barangays joined together as "confederations" mainly for
the purpose of mutual protection against common enemies.
(2) Datu. -- Each barangay was ruled by a chief called datu in some
places, and rajah, sultan or hadji in ot.lwrs. He wn::; its c hit ~ f executive, law-
giver, chief judge, and military head. In the perfo rmance of his duties,
how ever, he was assisted usuall y by a council of e lders (maginoos) which
served as his advisers. One cou ld be a datu chiefly by inheritance, wisdom,
wealth, or physical prowess .
In form , the bara ng-a y wH s a monarchy with the d<•h t as the monarch.
(3) Social classes i11 the ba.rangay. ---The people of the barangay were
divided into four classes, n amely: the nobility (maha rlika), to which the
datu belonged, the fre emen (tim a.wa), the serfs (a/iping namamahay), and
the slo ves (aliping sagigilid).
(4) Early laws. -·The early Filipinos had both written and mnvritten
laws. The written lawl3 were promulgated by th(: <latus. The two known
written codos in the prt:>-Spanish era are the "!vlaragtaH CodE'" which was
said to h ave been written about 1250 A.D. by Datu Sum akwel of Panay,
and t he "Kalantiaw Code" written in 1433 A. D. by Datu Kalantia w. also of
Panay. The unwritten laws consisted of customs and traditions wVc:'h had
been passed down from generation to gen~ratio . !
(5 ) Comparison wWt other ancient govermnrnts. -- It can be said that
the laws of the barangay wt~re generally fair. The system of.government,
a lthough defective was not so bad considering thl:! conditions in other lands
in the age during which it flourishe d. An eminen t s chola r has written: "The
Filipino people, l:!ven in the prehistoric times h ad a lread y shown high
intelligence and moral virtues; virtues and intelligen ce clearly manifested
in their legislation, which , taking into consider atiori the circumstances and
t he epoch in wh ich it was fr amed, was clearly a s wi~ e, as prudent, and a s
humane. as that of t he nations then at the head of civilization. "21

2·'S"'e Grego1·io F. Znide, Phil. Oov't ., 1962 ed., pp. 12· 19 : "A Rough Surv~y of tlH ~ Pre-
Spanish Legislation in the Philippine;;,'' by .Justice Norbcrto Romualdez, PhiL Law Journal,
Nov ., 1914, p. 179.
 I~TRODl.:CN 11
C. T he Government of the Phili ppines in Transition

Government during the Spanish period.

11) Spain's title to the Philippines. - It was based on the discovery
made by Ferdinand MagQJlan in 1521, consummated by its conquest by
~1i gue l Lopez de L£gazpi forty-five years later and long possession for
almost four centuries, until it was terminated in 1898, when by the Treaty
of Paris, t he Philippines was ce ded by Spain to the U nit~d States.
(2) Spanish colonial government. -- From 1565 to 1821, the Philip-
pines was indirectly governed by the King of Spain through .Mexico. From
1821, when Mexico obtained her independence from Spain, to 1898, the
Philippines was ruled directly from Spain. The council in Spain responsible
for t he adminietration of the Philippines was the Council of the Indies. In
1837, it was abolished and legislation for the Philippines was temporarily
performed by the Council of Ministers. From 1863, the Ministry ofUltramar
(colonies) exercised general powers of supervision over Philippine affairs.
Three times during the Spanish period (1810 -1813, 1820-1823, and
1836-1837), the Philippines was given representation i n the Spanish Cortes,
the legislative body of Spain. A basic principle introduced by Spain to the
Philippines was the union of the church and th e state.
(3) Government in the Philippines unitary. - The government which
Spain established in the Philippines was centralized in structure and
national in scope. The barangays were consolidated into towns (pueblos)
each headed by agobernadorcillo (little governor), popula rly called capitan,
and the towns into provinces, each headed by a governor who represented
the Governor General in the province.
Cities governed under special charters were also created . Each of these
cities had an ayuntamiento or cabildo (city council). Cebu was the first city
to be established in 1565 in the Phi lippines. Th e second was Manila , in
1571.
(4 ) The Governor-General. -The powers of the government were actu-
ally exercised by the Governor-General who r esided in Manila. He was
"Governor-General," "Captain General," and "vice-royal patron." As Gover-
nor-General, he had execu tive, administrative, legislative, and judicial
powers. As Captain-Gener al, he was Commander-in-C hief of all the Armed
Forces in the Philippines. As the vice-royal patron, he exercised certain
religious powers. Because of these broad powers, it h <l~ been said that the
Governor General enjoyed more powers than the King of S pain himself.
Thi~:; was justified, however, because of t he distance of t he P hili ppines from
Spain .
In the administration of the Philippines, the Governor-General was
assisted by many boards and officers, particularly the Board of Authorities
and the Council of Administration.
The first Spanish Governor-General in the Philippines was Miguel
Lopez de Legazpi (1565-1571) and the last was Ge n. Diego de los Rios
(1898).
12 Tl<;XTBOOK ON THE PHILIPPINE CONSTITl.IT!O!\

(5) The Judiciary. - Th e R oyal Audiencia \>Yhich was established in

1583 was the Supr eme Court of the Philippines during the Spanish times.
Its decision was fina l except on certain cases of great importance which
could be appealed t o the King of Spain. It a lso performed. functions of
executive and legislative nature .
Below the R oyal Audiencia., were two Territorial Au.diencias estab-
lished in 1893 - one in Cebu a n d the ot her in Vigan - which exercised
a ppellate jurisdiction over criminal cases coming from the surrounding
territory. In 1886, courts of fin;t instance with both civil a nd criminal
jurisdiction were es t ablished in the provinces. At t he bottom of the judicial
system were t he justice of t he peace cour ts which were ef'tablished in the
tiifferent towns in 1885.
In a ddition, there were special courts, like the miJitary and naval courts
which h a d j urisdiction over military offenses , and the ecclesiastical courts
which had cog niza ct ~ of canonical matters and ecc] N;iastica l offenses . Treas -
ury a nd commercial courts wer e Rlso created but were later abolished.
(6) E valuation of the Spanish Government in the Philippines. - The
governme nt which Spain established in the Philippines was defective. I t
was a government fo r t he Spaniards a nd not for t he Filipino1:1. The Spanish
offic ials we re often ine ffic ient. and corrupt . T he union of church and state
produced serious stri f~ s between the ecclesiastical and civil authorities.
Equality before the law was denied to the Filipinos.
The demerits, however, of the S panish adm inistration were more than
offset by its merits .
(a) The S pa ni ~h rule, when viewed in the broader light. of g lobal
colonization, was generally mi ld a nd humane. The Filipino people were
not brutalized. Spaniards and Filipinos intermarried and mingled so-
cially. Slavery a nd t ribal wars were suppressed;
(b) It broug ht a bout th e uni fi eation of t.he Filipino people . The
diver se tribes were molded into one people. under on e God , one King,
a nd one gover nment, and out of t heir common grievances against Spain ,
blossomed t.he spirit of nati onalism; and
(c) S pain uplifte d the Filipinos from t h~ depth of prim itive cult ure
and paganism and gave them the blessing!> of C hri ~tiany a nd Euro-
pean civilization. 1 ';

Governments during the Revolutionary era.

(1 ) The Katipu nan government. - The K atipu nan was the secret soci -
ety t h at preci pitated our glorious revolut ion on August 26, 1896. It was
organized by Andres Bonifa cio, who, together with a group of Filipino
patriots, signed the covenant of the Katipunan with their own blood on

2 ;;See G.F. ZaidE', note 24, op. cit., pp. 34-35.

 I:-.<TRO D UCTIO N 13
C. The Guve rnment of\.he Phiiippine:; in Transition

July 7. 1892.~ 6
The c ~ ntral government of the Katipunan was vest.ed in a
Supreme Council (Kataastaasang Sanl{guniani. In each province there was
u Provincial Council (Scmggu.niang BalangayJ and in each town, a Popular
Council (Sa.ngguniant? Bayanj. The judicial power was exercised by a Judi -
ci al Cound l (Sanggu niang Huhu mani.
The Katipunan was the first clear break from Spanish rule with the
ultimate goal to establish a free and sovereign Philippines. It was replace d
by another government whose officials headed by Gen. Emilio Aguinaldo as
President, were elected in the Tejeros Convention held on March 22, 1897.
(2) The Biak-na-Bato Republic. - On November 1, 1897, a republic
was established by Gen. Aguinaldo in Biak-na-Bato (now San Miguel de
Mayumo, Bulacan). It had a constitution which was to take effect for two
years only. It declared t hat the aim of the revolutions was the "separation
of the Philippines fro m the Spanish monarchy a nd their form a tion into an
independent state." Th e Biak-na-Bato Republic lasted up to December 15,
1897, with the conclusion of t he "P act of Biak -na-Bato."
(3) The Dictatorial Government. -Following the outbreak of the Sp an~
ish-American war on April 25, 1898, Gen. Aguinaldo, in view of the chaotic
conditions in the cou ntry, establis hed the Dictatorial Government on May
23, 1898. The most important achievements of the Dictatorial Government
were the Proclamation of Philippine Independence at Kawit , Cavite on
June 12, 1898 and the reorganization oflocal governments.
<4) The Revolutionary Government.- On ,June 29, 1898, Gen. Aguinaldo
established the Revolutionary Gove rnment repla cing the Dictatorial Gov-
ernment with himself as President and a Congress whose function was
advisory and ministerial. The decree making such change stated that th e
aims of the new government were "to struggle for the independence of the
Philippines, until all nations including Spain will expressly recognize it,"
and "to prepare the coun try for the establishmen t of a rea l Republic."
(5) The First Philippine R epublic. --On September 15, 18 98, a re\·o tu-
tionary Congress of Filipino rcpresentat.iYes met in Malolos, Bulacan at the
call of the Revolutionary Government. The Malolos Congress ratified on
Septembt!r 29, 1898 the proclamation of Philippine independence made by
Gen. Emilio Aguinaldo in Kawit , Cavite on ,June 12, 1898 and framed the
so-called Malolos Consti tut.ion. This Constitution was t he first democratic
constitution ever promulgated in the whole of Asia. It esta blished a "free

'16The Katartstaa.san, Ka.g a lanl{galu.ng Katipun.an ng mfla A.nak ng Ba_,·u.n or Katipunno

for short was actually the brainch ild of Marcelo H. del Pilar. He tried to establish it in
Manila in 11:190 but sucE~edl:! only in 1R92 thr ough the he lp of his brother -in-law DeQdato
Arellano and other F ilipino patriots. Del Pilar envi;;iont>d the Katipunan to be the "weapon of
the weak" against. coloni·' l rnle in the country. The f(lunding of the radi<'al Kati punan justi-
fied the Filipino peoph!'S rt>sort to force because the colonial authorities a.horted La Liga
Filipina , the organization through which Filipino dema nds could be pursued peacefull y. With
the death of Del Pilar, nonifacio was th,·u!;t into the mat>lstrom of the Philipp in(! revr> lution.
He becam e the moving l'< piri t of the Katipunan. The word "Ka tipu nan'' suggests oneness.
l4 T £ XT fi00 K ON THE PHILIPPI NE CONSTITUTION

a nd indep end en t Phil ippine Rep ublic" whi ch wa s inaugu r a t ed on .Ja nuary
23, 1899 with G(m. Aguina ldo as President.
Our First P hili ppi ne Republic was not recognized by t he fa mil y of
n at ions. It was neverth eless a n or ganized government beca use it actually
existed a nd its author ity w a ~:> accepted by the people. It exis ted from
Janu ary 23, 1899 to Ma rch 23, 1901 Y
In February, 1899, the United States a nnexed the Philippines a s a
r esult of the Spanish-American War a nd in April, 1901, Gen. Aguina ldo
was captured . Thus, the Republic was s hort-lived , its in depen dence cut
short by the superior might. of a n ew colonia l power. The Ma lolos Constitu-
tion which provided for the est ablishment of a P hilippine Republic had no
opportunity to opera te. However, this in no way diminis hes t h e histor ica l
signifi cance of the Ph ilippine Revolution of 1896. It wa s the first war of
independence fo ught by Asia ns a ga inst fore ign domination and it gave
birth to the first constitutiona l democracy in Asia and th e West P acific.

Governments during the American regime.

(1) The Military Government. - The America n military r ule in the
P hilippines bega n on August 14, 1H98, the day aft er the ca pture of Ma nila.
The exis ten ce of war gave t he President of the U ni ted St a tes the power to
establish a Military Government in the Philippines , a s Comma nder-in-
Chief of a ll A rmed F orces of the United States. His au thority was delegate d
t o t he military governor wh o exercis ed as long as t he war lasted, a ll power s
of government - executive, legislative, a nd judicia l.
Th e fi rst Ame ri can Mili t a ry Governor was General vVes ley Mer ritt, t he
second was GeMral Elwell E. Ot is, and the th ird and la st, was Major
Genera l Arth ur J\.b eArthur. /
(2) The Civil Government.- Pursuant to the s o-called Spoo ner Amend-
ment (on the army a ppropria t ion a ct passed in the U.S. Congress on March
3, 1901) which ended the m ilitary regime in th e Philippines , the Civi l
Government was inaugurated in Man ila on July 4, 190 1, h eaded by a Civil
Governor whose position was created on October 29, 1901. Th e Civil Gover-
nor (the title was la ter changed to Governor-Gene ra l on Febru ary 6, 1905)
also exercised legislative powers . He remained as Presiden t of the Philip-
pine Commission, the sole lawma king body of th e government from 1901 to
1907.
From 1907 t o 1916, the Philippine Commission a cted a s the upper
house of the legislative branch with th e Philippine Assembly serving a s th e
lower house. With the pass age of t he Spooner Law in 1901, these two
bodies ga ve way to th e Philippine Legislat ure. The Philippines was repr e-
se nted in the Unite d State s by t wo Resident Commissioners who were
elected by the Ph i lip pine Legis lature. T hese com missioners had seats in

27 SE!e G.F . 7-!!idc. note 24, op. d t., pp. 38-45.

 INTRODUCTJON 15
C. The Govemm'!llt of t ht! Philippines iu Tr(l n sition

the United St at~s House of Representatives, r eeeiving the same emolu-

ments and other privileges a.s the American members of that body, but
without the right to vote.:~<
The fir :~t Civ·tl Governor was JudgQ William H. 'I'aft 0901-1903 ). He
was succeeded by Luke F. Wright (1904-1906) who wa~ the first American :"<.
to enjoy the title of Governor-General of the Philippines. The last Gover-
nor-General was Frank Murphy (198:~-35) who was also the first High
Commissioner of the United States to the Philippines upon the in au~ ura­
tion of the Commonwealth Government of the Philippines.
( 3 ) The Commonwealth Government of' the Philippines. - The next
stage in the political development of the Filipinos was the establishment of
the Commonwealth Government of the Philippines pursuant to an act. of
the United States Congress on March 24, 1934, commonly known as the
Tydings-McDuffi.e Law. Among other things, the Jaw provided for a transi-
tion period often years during which the Philippine Commonweal th would
operate and at the expiration of ::.-aid period on July 4, 1946, the independ-
ence of the Philippines would be proclaimed <'!nd established.
The new government of t.he Commonwealth of the Philippines, deemed
successor to the Government of the Philippine Islands, was inaugurated on
November 15, 1935, following the first national election under the 1935
Constitution h eld on September 12, 1935, with Manuel L. Quezon and
Sergio Osmefia, as President and Vice-President, respectively.
The Commonwealth Government of the Philippines was republic an in
form under the presidential type . The legislative povu~r was first. vested in
a unicameral Nat ional Assembly a nd later in a bicameral Congress com-
posed of the Senate and the House of Representatives. The judicial power
was vested in the Supreme Court a nd inferior (i.e., lower) courts provided
by law. The Government of the Commo nwealth ofthe Philippines was very
autonomous. The Filpno~ had almost complete control over the domestic
affairs, the United States retaining control only over matters involving
foreign afir :-~ .

During World War II , the Commomvcalth Government fum;tione d in

oxile in Washington from May 13, 1942 to October 3, 1944. It was
reestablished in Manila on February 27, 1945 when Gen . Douglas
MacArthur, in a ceremony held at Malacafiang Palace on hehalf of the
United States Govern ment, lurnt ~ d over to Pref:'ident Osmena the full
powers and responsibilities of t he Commonwcall.h Government under the
( 1935) Constitution.

Governments during the Japanese occupation.

(1) The Jap anese Military Administration. - It was established in
Manila on January 3, 1942, one day after its occupation. Under a proclama-

"See Ibid., pp. 54·55.

2
16 TEXTBOOK ON THE PHfl.IPl'INE CONSTITUTION

tion iss uNl by the .Japanese High Command, the sovereignty of the Unite d
States over t he Ph1li ppines was declared terminated.
(2) The Phihppine Executive Comrnission. - A civil government known
as the Philippi ne Executi ve Commission composed of Filipinos with J orge
B. Vargas as chairman, wa s organized by t he military forceg of occupation.
The com mission exercised bot h the executive and legislative powers. The
laws enacted were. however, subject to the approval of the Commander-in-
Chief of the Japanese For ces. The judiciary continued in the same form as
it wa~ un der th e Commonwealth. Howevt>r, it funct ioned without the inde-
pen dence which it ha d tradi tionally enj oy ed. 2!l
(3) The Japne~o:-sr ed Rr ~publi c of the Philippines. -On October
14, 1943, the so-called Japanese-sponsored Republic of the Philippines was
inaugurated with .Jose P . Laurel as President. It was ofihe same character
as the Philippine E xecutive Commission. Like the latter, the ultimate
source of its a uthority was the Japanese military a uthority an d go vern-
men t.:JU On August 17, 1945. P r esident Laurel proclaimed th~ dissolution of
i.he Republic.

The previous Philippine Republics.

( 1) Under .Joint Hesolution No . 9:3, approved by the United States
Congresg on .June 29 , HJ44 , the Pr esident of t he United States was aut hor-
ized to proclaim the independence of the Philippines prior to July 4, 1946,
a fter t he .Japanese had been vanqu ished and constitutiona l processes in
t hfl country restored. The Republic of the Philippines wa s formally ina ugu-
r<lted on July 4, 1946 with Manuel A. Roxas as the first President a nd
Elpidio Quirino ag th e first Vice-President. Roxas and Quirino also served
fr om May 28, 1946 to .J uly 4, 1946 as the last Commonwealth President and
Vice-Presidcn t, re.s peai vely.
T he 1935 Constitution served a s the fundamentall"\,w not only for the
Commonwealth Government which was inter;upted by th'e ..Sg_cgpd World
War but also for the Republic of the P hilippines un til the "ratifi cation" of
the 1973 Phili pp ine Constitution establishing a parliamentary form of
government, effected by virtue of Procl amation No. 1102 of President
Ferdinand E. Marcos <Jn ,Jan ua ry 17, 1973, a fter th e decl aration of martia l
law on September 21 , 1972.
<2) The First Republic was established on January 23, 1899 under the
Malolos Const itu tion ; the Second, on October 14, 1943 under the Japanese-
sponsored Constitution, and t he Third, on ,July 4 . . 1946 under the 1935
Constitution. President Ferdinand E. Marcos, in his inaug ural add1·ess on
.June :30, 1981, proclaimed th e birth of the Fourth Republic under the 197:3
Constitution which, a s a mended in a plebiscite on April 7, 1981, installed a

""See ibid.. pp. 100-1 01.

·'''Co Kim Chan vs. Valdez Tan Kch. 75 Phil. 11 3.
 1NTHODUCTIO:-.; 17
C. The Gover-nm ent of th~ Philippines in Transition

modified parliamentary system of government,:H thus making him its first

Pre::1ident. All in a ll , there were nine Presidcnts 32 in the previous t hree
r epublics, including President Marcos in his two (2) terms in the Third
Republic.J:J
The present Republic came in to being upon the ratification of the 1987
Constitu tion (,n February 2, 1987.31

The Provisional Government of 1986.

Before Corazon C. Aquino took her oath of office on the morning of
February 25, 1986 at Club !filipino, San ,Juan , Metro Manila, the last day
of a four-d ay "people pc>wer" revolt <Feb. 22-25) t hat culminated in the
ouster of President Ferdinand E. Marcos, she read Proclamation No. 1
wherein she declared that she and her Vice-President were "taking power
in the n ame a nd by the will of th e Filipino people" on the banis of the clear
sovereign will of th e people expressed in the e lection of February 7. 1986.
In her oath, she swore to preserve and defend the "fundamental law" (not
the "Constitution") and ex~c ut e "just laws" <inl:ltead of "its laws").

(l:t Reuolutionary. -- The government was revolutionary because it

was instituted not in accordance with t he procedun? provided in an existi ng
Constitution. There is a definite acknowledgment in Procl amation No. 3
that the provil:lional government established t hel'ounder was revolutionary
in character (without calling itself as such) having been install ed by direct
action of the people or by "people power,'' deriving its existence and author-
ity directly from the people themselves and not from the then operati ng
1973 Constitution.
(2) De jure I de facto. - The first is one constitut ed or founded in
accordance with. the existing constitution of the state (according to law ),
while the other is not so constituted or fou nded but has the general support
of the people and effective control ofthe territory over which it exercises its
powers. A de facto go\'ernmcnt acquires a de jure status when it ga ins wid e
acceptance from the people a nd recognition from the community of nati ons.

"Principlf, (If separnt.ion (If powers" under At·ticln VI, Section 1.

' 1 'Se~
~!Nam ely : Emilio A~:.ru inlc o 0898-1901J, Jose P. Laurel ( 1943-1945j, :.\1 a.nuc~J :\. }{oxas (1946-
1948), El pidio Quiriuo 11948·195:31, l:{amon Mngs<ty;;ay !l9fi:l- l957i, C'arlol5 P. Garc i<1 (March
l957- 1961J, Dio.c;darlo P. Macapagal Cl961-196Gl, and Ferdinand E. Marl'os • I9tif>-l 986.J.
3 "The last. 1 .4- ye~r rule of President Marcos from t h e d ~ clartion. of mart.i<1l law on
Sept.embcr 21. 1972 u ntil hi;. ovP.rthrow on Fchruary 25, J9HG by the so·callcd "people power
n!volution," waF: generally d~c ribed as dictatorial or auth oritarian .
'"With the ouster of President Marcos, Co razon C. ,\quino HJ86-1992), became- theo

President, follownd by Fidel V. R;~mo s (1992- 1998). ,Josf•ph r:. Estrada (!998-200li, and
Gloria Macapagai-Arroyo <2001-presentJ. ls~e no te 2 to Art. \'1. Sec. :12. l F'rom 1898 to
pre;;ent . we have 14 Presiden tr;, including Manuel Qu~zon 1\935-1944 ! and Sergio Osmei'ln
: Hl-14-1946 1 who both served as Comm onwealth PrP.sidcnt.q. Macapagal-Arroyo WH"- elected
\"ice-President in 1998. She ,:;·~c ced b:.">trada a.~ Presidant. in 2001 whe n the l11tter wn~
fcm.:ed to give up the l'r esidt~nc y. !see not.e 2, to Sc(:. 32 of Art. VI. l Prcsidt\nt. Arroyo w a~
elt>e ted (not rn-clecbH]) for a six-year term in the May 10. 2004 e lflct.ions after serving the Last
three! 3 1 year!': of the term of Presi den t F.l!trada. (see Art. VII. s~. 4, par. 1.)
If! TEXTBOOK OK THE PHII.ll'PlNE CONSTITUTION

At its inception, the r evolutionary government was ill egal for lack of
constitutional basis not having been sanctioned by either the 1935 or the
1973 Constitution. It was a de facto government but acquired a de jure
status. There was no question then that the revolutionary government had
won continuous public acceptance and support without any rcsistanrB
whatsoever anywhere in the Philippines and the r ecognition of practically
all foreign governments .
(3) Constitutional and transitory. -The provisional government was not.
a purely revolutionary rme but a hybrid constitutional revolutionary govern-
ment, i.e., a revolutionary government. governing under a provisional or in -
terim constitution the people could invoke to protect their rights and to pro-
mote their welfare, to exist for a limited period until the ratification and
effectivity of a permanent constitution. There was nothing, however, to pre-
vent the government from amending, suspending or abrogating the Provisional
Constitution and adopting a new one or operating without. any constitution.
Jn other words, the Provisional Constitution did not have t.he status of
a supreme or fundamental law because the government was not created by
it and was not bound to obey it.
(4'> Democratic. -The provisional government was claimed to be demo-
cratic because it wa~ in stall ed by direct action of the pMple as a direct
expression or manifestation of their sovereign will, and. therefore, it was
based on the consent of the governed or the approval of the people.
(5) Power/:i. - A revolutionary government heing a direct ct'eation of
the people, derives its pow er~ from the people to whom alone it is account-
able. It is said that a revolutionary government is clothed with unlimited
powers because it makes its own laws; it is "a law unto itself." However,
with the adoption of the Provisional Constitution, the revolutionary gov-
ernment opted to abide with and to subject itself to the provisions thereof,
pending approval of a new charteL ~·
(6J The ProvisionaL Constitution. - Instead of declaring the 19 1~ Con--
s titution with certain amendments and minus certain article~_ .and provi-
sions, as the interim Constitution, Proclamation No. 3 promulgated a
Provisional Constitution to repln.cP the former , adopting in toto insnfar as
they are not inconsistent with the provisions of the Proclamation, certajn
provisions of the 1973 Constitution.
By its very nature, the Provisiona l Constitution 1as wt:ll as the revolu -
tionary government which operated under it l self-dest1·uc:t upon the ratifi -
cation and effectivity of tht> new Constitution on February 2, 1987. (Art.
XVIII , Sec. 27.)

D. CONCEPT OF CONSTITUTION
Meaning of constitution.
In its broad sense , the term constitution refers to "that body of rules
and princj_p].e.s ia acu:r.<! ct n~ - - "~ -J ~ _ h.wic ..th~ . P.9"Yor
er~ _sove-reignty - ~Ye
 INTRODUCTION 19
D. Concept of Coniltitution

. regulas! Y-~ rci se d .~ ~ As t hus defin ed , it cover s both..$..i=!:ttelj and .tinwritten

~on sti tuion~. ·
With parti<:u 1ar reference to the Can stitution of the ..EhJli.pvines, it may
be defined as that wdtt@,instrJ.Lm.ent.by which the fl.:l.PdamentalPa.wers_of
the government are established, limited, and defined and by which these
power_~ ~1 .Qhtributed among .the several d epartment::; or _ pran~:hes for
th.!)~-safe and \;sef\.iTex.ercise for the benefit of the pe o ple. 36 \Vi~" \'"-.<..
\A\"'.. ¥'1\11.'\ ,, \'"• •

Nature and purpose or function of constitution.

(1) S erves as the supreme or fitndamentallaw. - A constitution is the
ylfartf;\!:_ creating the gov ~r !ment . It has the status of a pr~mli gr .(unda-
iiiimtal fii\v·&6 - it : spe~ l_.{ s for t.J:'Ie -~ [_l _ t ire people from \\fhomit derives its claim
to obedience. It is binding nn all individual citizens and all organs .of the
government. lt is the law to which all other laws must conform a nd in
accordance with which all private rights must be determined and aJl public
authority administered_:n It is the test of the legality of alJ governmental
actions, whether proceeding from the highest official or lowest function-
ary. ~8

(2 ) Establisht!.<; basic framework and underlying principles of govern-

ment. -The purpose of a cons titution is to prescribe lhe permanent frame-
work of the system of governm ent and to assign to the different depart-
ments or branche1:1, their respective powers and duties, and to establish
certain basic principles on which the governm ent is founde . ~ 9 lt is prima-
rily designed to preserve and protect the rights of individua ls against the
arbitrary actions of those in authority. 10 Its function is not to legi s lat~ in
detail hut to set limits on the otherwise unlimited power of the legislature.

Meaning of constitutional law.

Con~ti.ualw may be defined as that branch of puhJic law (see A,
supra.) which treats of c.onstitutions, their nature, formation , amendment,
and interpretation.
It refers to lhe law embodied in the Constitution a s well as the pr inc ~
pies growing out of the interpretation a nd application made by the courts
(particularly the Supreme Court, being the court of last resort) of the

3
~ Sec Cooley, Constit.utionnl limitations. p. 4 .
36See Malcolm and Laurel. Phil. (;onstitutional Law, p. 6 (J936l.
• 1 ~ .Sta f! v~< . .\1ain, ;n AtL HO.
~ Thi s it; not so unde r the Rritish Constitution in view of the su premacy of P11rliament
wh ich det-e rm ines what is con11litutional, and lc!Sislatcs accord ingly.
3
~ Ma !t.•>lrn and Laurel. n<)te 32, op. cit., p. 2. [t actu ally serves as the framework of th e
soci;ll. economic and political life ofth t~ nation because i t. governs , a lthough in a general way.
practically all areas of human t>n deavor.
•"Its efct iven e~s as tile supremn Jaw dopends to a great dP.gree upon thl:! people
the mselves. Tt becom n,:; a "mMe sc1·ap of paper" if they a llow those in authori ty to viola te it
with impunity. The root:> ofcOil;;titutionalis m, it has been ~;a id , lie in the hearts of the people.
20 TEXTBOOK ON THE PHlLIPPlf\i .b: CONSTlTUTION

provisions of the Constitution in specific caf.les. Thus , the Philippine Con·

stitution itself is bnef hut the Ja w of the Constitution lies scattered in
thousands of Supreme Co urt decisionsY

Kinds of constitution.
Constitutions may be das1>ified as foll ows:
( U A<; to th eir origi n and history:
(a ) Conventional or enacted. - One which is enactNl by a co n~tiu ­
c nt assembly or gra nted by a monarch to his subjects like the Constitu-
tion of J apan in 1889; and
(bJ Cumulative or evolved . ·-- LikH the Engli!:'h Consli.t ution, one
which is a product of growth or a long period of development originat·
ing in cus toms, traditions, judicial decisions, etc .. rather than from a
deliberate and for m a l enactment.
ThE! above cla ssification substa n tially coincides with that of written
and unwritten constitutions.
(2) As to their form :
(a ) Wri tten. ··- One which has been given definite written form at a
particular time, usually by a specially constituted authority called a
"constitutional convention"; and
(b) Unwri tten. -·- One which is entirely the product of political
evolution, consisting targely of a mass of customs, usages a n d judicial
decisions togethP.r with a smaller body of statutory enactments of a
fundamental character, usua lly bearing diffenmt dates. 42 The English
Constitution is unwritten only in the sense that it js not codified in a
single document. Part of it is written - the Acts of Parl iament and
judicial decisions. Indeed, there is no ConRlitution that is entirely
written or unwritten.
(3 ) As to manner of am.1mding them :
One regarded as a document of special
\a ) Rigid or inelastic. -
s anctity which cannot be amended or altered except by some special
machinery more cumbrous tha n the ordinary le gi ~ lative procl:!ss;n and
ib ) Flexible or ela.stic. - One which possesses n o h igh er legal au-
thority than ordinary laws and which may be altered in the same way
as oth(!r laws. 44
The Phi lippi ne Co n ~ ti tution · ro-~; ·b ~- c lasifed a!'i con ventional or en·
a (;ted . written, a nd r igid or inelastic. It was draft ed by an appointive body
called "Constitutional Commission." (see E, in fra.}

•'V.G. Since•. Ph il. P ol it i•:a l Law. I! Lh e d ., p. 67 11962i.

1
' See Garner. Poiitica l Scien ce and C'.r<>vernmcnt, p . 508.
'"Strong. ~f<tdern l'oliti<-n l Cttn.;<tit\lt.io ns . p. 6 .
·•·•Garner. Pn lit i<:al Sctc: ntt! and Go v ~ r nmet, p. nOB.
 JNTRODUCTTON 21
D. Concept of Constiiu t ion

Advantages and disadvantages of a written

constitution.
(1) It has the advantage of clearness nnd definiteness over an unwrit-
t en one. This is because it is prepared with great care a nd deliberation.
Such a conRtitution cannot be easily bent or twisted by the legislature or by
the courts, to meet the temporary fancies of the mom ent. Hence, the
protection it affords and the righ ts it guarantees are apt to be more secure/
Moreover, it is more st able and free from a ll dangers oft~mpray pop.ulat
5
p asion.~

(2 ) Its disadvantage lies in the difficulty of its amendment. (see Art.

XVII.) This prevents the immediate introduction of needed changes and
m ay thereby retard the h ealthy growth and progress of the state.46

Requisites of a good written constitution.

(1) A.c:to form, a good written constitution should be:
(a) Brief. - because if a constitution is too detailed , it would lose
the advantage of a fundam ent al law which in a few proviHions outlines
the structure of the government of the whole state and th e rights of the
citi1.ens. Jt would probably never be understood hy t.h(~ pu blic. Further-
more, it would then be nec£;ssary to amend it every once in a while to
cover m<my future contingencies; .-...
(b) Broad. - because a statement <.1f the powers a nd functions of
government, and of the re lations between the governing body and the
gove rned, requires that it be as comprehensive as possible; 47 and
(c) Definite. - because otherwise the application of its provisions
to concrete situations may prove unduly difficult if not impossible. Any
vagueness which may lead to opposing interpretations of essential
features may cause incalculable har m. Civil war and the disruption of
the !:'tate may conceivably follow from ambiguous expressions in a
constitution. 18
(2) As to contents, it should contain at least three sets of provisions:
(a) That dealing with t he framework of government a nd its powers,.
and defining the electorate. This group of provisions has been called
the constitution of government;
(b) That setting for th the fundamental rights of the people and
imposing certain limitations on the powers of the government as a

"'Ibid., p. 524.
' Hfbid.
'The scope must be wide enough to make the Constitution n t<xib le and easily adaptable
to (:hanging social. economic. and political conditions, and thus .,nable i t, without amend·
numt, to meet every exigtmcy, tor a Constitution is designed l.o b(:l ~per mane nt document to
serve a coun try for mnny generations .... indeed, if possible ''to nndurf:' liJr ages to come."
· ~ sec Malcol m and Luurel, note 32, 1lp. <:it., pp. 15- 16.
 TEXTI300K ON THE PHILIPPINB CONSTf1'UTlON

means of securing the e~joym nt of these rights. This group has been
referred to as the constitution of liberty; and
(c) That pointing out the mode or procedure for amending or revis-
ing the constitution. This group has been called the constitution of
souereignty. 49

Constitution distinguished from statute.

( l) A ccnstitution is a legislation direct from the people, while a statute
(see Art. VI, Sec. 1.) is a legislation from the people's representatives;
(2) A constit.ution merely states the general framework of the law and
the government, while a statute provides the details of the subject of which
it treats;
(:1) A constitution is intended not merely to meet existing conditions
but to govern. the future, while a statute is intended primarily to meet
existing conditions only; and
(4) A constit ution is the supreme or fundamental law of the State to
which statutes and all other laws mu~t conform.

Authority to interpret the Constitution.

( l) Even a private individual may interpret or ascertain the meaning
of particular provisions of the Constitution in order to govern his own
actions and guide him in his dealings 'Vith other pen:ons.MI
(2) It is evident, however, that only those charged with official duties,
whether executive, legislative, or judicial, can give authoritative interpre·
tation of the Constitution.
(a) This function primarily belongs to the courts whose final deci-
sions are binding vn all departments or organs of the government,
including the legislature.;, They will thus construe the applicable con-
stitutional provisions not in acwrdance with how the ·executive or
legislative department may want them construed, but in accordance
with what said provision$ say and provideY
(b) There are, however, constitution al questions !i.e .. political ques-
tions) which under the Constitution are addresse d to the discretion of
the_ other departments a n d, therefore, beyond the power of the judiciary
to decide. (see Art. VIII , Sec. 4.) Thus, t he determination of the Presi-
dent as to which foreign gcvernment "is to be ~ecognizd by the Philip-
pines cannot be passed upon by the courts.

·~se Garner. In troduction to Political Science, pp. 390-:!98.

"'Black , Constitutio nal Law, :~ rd <!d .• p. 55.
" 16 C.J.S., pp. 49-50.
5 "Sarmitmto Ill v;:;. Mi,;_on. L-79974, Dec. 17,1987.
 INTRODUCTION 23
E. Constit ution of thn Rep ublic of the Philippines

Purpose in interpreting the Constitution.

The fundamental purpose in construing constitutional provisions is to
ascertain and give effect to the intent of the framers and of the people who
adopted or approved it or its amendments.
It is, therefore, the duty of the courts to constantly keep in mind the
objectives sought to be accomplished by its adoption and the evils, if any,
sought to be prevented or remedied. 53 It may be assumed that the people, in
ratifying the Constitution, were guided mainly by the explanations given
by the framers on the meaning of its provisions .""

E. CONSTITUTION OF THE REPUBLIC

OF THE PHILIPPINES

The 1935 Constitution.

(1) Framing and ratification. - Briefly stated, the steps which led to
the drafting and adoption of the 1935 Constitution of the Phil ippines are as
foll ows:
(a ) Approval on March 24, 1934 by President Franklin D. Roosevelt
of the Tydings-McDuffie La w, otherwise known as t h e Philippine Inde-
pendence Act, enacted by the United States Congress, authorizing the
Philippine Legislature to call a constitutional convention to draft a
constitution for the Philippines;
(b) Approval on May 5, 1934 by the Philippine Legislature of a bill
calling a constitutional convention as provided for in the Independence
Law;
(c) Approval on F ebruary 8, 1935 by the convention by a vote of 177
to 1 of the Constitution (the signing began on t he following day and was
completed on February 19, 1935);
{d) Approval on March 23, 1935 by Pres. Roosevelt of the Constitu-
tion as submitted to him, together with a certification that the said
Constitution conformed with the provisions of t he Independence Law;
and
(e) Ratification on May 14, 1935 of the Constitution by the Filipino
electorate by a vote of 1,213,046, with 44,963 against.
(2) Limitations and .conditions. - While the Tydings-McDuffie Law
empowered the Filipinos to frame their own constitution , it contained,
however , provisions limit ing such authority. Aside from other specific limi-
tations and conditions laid down therein, it enjoined that the constitution
to be dt·afted should be republican in form, should include a bill of rights,

•ssee 76 C.J.S., pp. 49-50.

G•Nitatan vs. Commissioner of Internal Revenue, 152 SCRA 284, July 23, 1987.
24 TEXTBOOK ON THE PHILIPPINE CONSTITUTION

and should contain certain proVJSlons intended to define the relations

between the Philippines and the United States during the commonwealth
period and a fter the establishment of the Philippine Republic.
The 1935 Constitution ceased to operate during the Japanese occupa-
tion from 1942 to 1944. It automatically became effective upon the re-
establishment of the Commonwealth Government on February 27, 1945
(supra.) and the inauguration of the Republic of the Phili ppines on July 4,
1946.
(3) Sources.- The 1985 Constitution of the Philippines did not contain
original ideas of government. While the dominating influence was the
Constitution of the United States, other sources were al so consulted by the
framers, particularly the Malolos Co.1stitution and the three organic laws
that were enforced in the Phi lippines before the passage of the Tydings-
McDuffie Law, namely: the Instruction of Pres. Wilham McKinley to the
Second Philippine Commission on April 7, 1900; the Philippine Bill of July
1, 1902; and the Jones Law of August 26, 1916 which, of the three men-
tioned, was the nearest approach to a written constitution.
(4) Scope. -The Constitution as approved by the 1935 Constitutional
Convention was intended both for the Commonwealth and the Republic .
Thus, Article XVII (which later became Article XVIII after the Constitution
was amended) declares: "The government established by this Constitution
shall be known as the Commonwealth of the Philippines. Upon the final
and complete withdrawa l of the sovereignty of the United States a1:d the
proclamation of Philippine Independence, the Commonwealth of the Phil-
ippines sh a ll henceforth be known as the Republic of the Philippines."
(5) A mendments. - The 1935 Constitution had been amended three
times. Among the amendments are:
(a ) that establishing a bicameral legislature;
(b) that a llowing the reeligibility of the President and the Vice·
President for a second four-year t erm of office;
(c) that creating a sepa rate Commi ssion on Elections; and
(d) the so-called Parity Amendment which gave to American citi-
zens equal right with the Filipinos in the exploitation of our natural
resource s and the operation of public util ities.
Concerning women suffrage, this issue was settled in a plebiscite held
on April 30, 1937, wh en 447 ,725 women reportedly vote d yes and 44,307
women voted no. In compliaMe with ' th.~ 1935 Constitution (Art. V, Sec. 1
thereof.), the N ational Assembly passed...a la\v which extended right of
suffrage to women.

The 1973 Constitution.

( 1) Framing. - The experience of more than three decades as a sover-
eign nation had revealed flaw s and inadequacies in the 1935 Constitution .
 INTRODUCTION 25
E. Const itution of th e Republic of t ho Phili ppines

(a) Taking into account the "felt necessities of the times," particu-
larly the new and grave proble ms arising from an ever increasing
population, urgently pressing for solution, Congress in joint session on
March 16, 1967, passed Resolution of Both Houses No. 2 (as amended
by Resolution No. 4, passec on June 17, 1969), authorizing the holding
of a constitutional convention in 1971.
(b) On August 24, 1970, Republic Act No. 6132 was approved set-
ting November 10, 1970, as election day for 320 delegates to the Consti-
tutional Convention. The convention started its work of rewriting the
Constitution on June 1, 1971 . The 1935 Constitution, with reference to
the Malolos Constitution, was made the basis for the drafting of amend-
ments to th e new Constitution. The proposed Constitution was signed
on November 30, 1972.
(2) Approval by Citizens Assemblies. - Earlier on September 21,.1972,
the President of the Philippines issued Proclamation No. 1081 placing the
entire country under martial law.
(a) "To broaden the base of citizens' participation in the democra tic
process, and to afford ample opportunities for the citizenry to express
their views on important matters of local or national concern," Presi-
dential Decree No. 86 was issued on December 31, 1972 creating a
Citizens Assembly in each barrio in municipalities and in each dis trict
in chartered cities throughout the co~ntry. Subsequently, Presiden tial
Decree No. 86-A was issued on January 5, 1973 defining the role of
barangays (formerl y Citizens' Assemblies).
(b) Under the same decree. the barangays were to conduct a refer-
endum on n ational issues between January 10 a nd 15, 1973. Purs uant
to Presidental Decree No. 86-A, the following qn ~s tions were submitted
before the Citizens' Assemblies or Barangays:
1) "Do you approve of the New Constitution'?"; and
2) "Do you still" want a plebiscite to be called to ratify the new
Constitution?"
(3) Ratification by Presidential proclamation. - According to Procla-
mation No. 1102 issued on January 17, 1973, 14,976,561 members of all the
Barangays (Citizens' Assemblies) voted for the adoption of the proposed
Constitution, as against 743,869 who voted for its r ejection. On the ques-
tion a s to whether or not the people would still like a plebiscite to be called
to ratify the new Constitution, 14,298,814 answered that there was no need
for a plebiscite.
On the basis of the above results purportedly showing that more th'an
95% of the members of the Barangays (Citizens Assemblies) were in favor
of the new Constitution and upon the allegedly "strong recommendation" of
the Katipunan ng mga Barangay , the President of t he Philippines, through
Proclamation No. 1102 on January 17, 1973, certified and proclaimed that
26 TEXTBOOK ON THE PHIUPPINE CONSTITUTION

the Constitution proposed by the 1971 Constitutional Convention had been

ratified by the Filipino people and had thereby come into effect.55
(3) Amendments. -The 1973 Constitution had been amended on four
occasions. Among the important amendments are:
(a) that making the then incumbent President, the regular Presi·
dent and regular Prime Minister;
(b) that granting concurrent law-making powers to the President
which the latter exercised even after the lifting of martial law in 1981;
(c) that establishing a modified parliamentary form of government;
(d) that permitting n atural-horn citizens who have lost their citi-
zenship to be transferees of private land, for use by them as residence;
(e) that allowing the '"'grant" of lands of the public domain to quali-
fied citizens; and
(f) that providing for urban land reform and social housing pro·
gram.

The 1987 Constitution.

(1) Framing and ratification. - The 1987 Constitution was drafted by
a Constitutional Commission created under Article V of Proclamation No.3
issued on March 25, 1986 which promulgated the Provisional Constitution
or "Freedom Constitution" following the instal~o of a revolutionary
government "through a direct exercise of the power of the Filipino people."
(a) Pursuant to Proclamation No. 3, the President promulgated on
April 23, 1986 Proclamation No. 9, the "Law Governing the Constitu-
tional Commission of 1986," "to organize the Constitutional Commis-
sion, to provide for the details of its operation and establish the proce-
dure for the ratification or rejection of the proposed new Constitution."
Under the Proclamation, the Constitutional Commission "shall be
composed of not more than fifty (50} national, regional, and sectoral rep-
resentatives who shall be appointed by the President." As constituted,
the Commission was composed only of forty-eight (48'! members- forty-
two (42) men and six (6) women, with a prepo nderance of lawyers-
because of the withdrawal of an opposition appointee and non-accept-

s~ln cases involving the above proclamation, the Supreme Court on March 31, 1973, by a
\•ote of six (6) to four ( 4), dismi;;sed all the petitions filed . It said that "this being the vote of
the majority there is no further obstacle •t-o the new Constitution b~i1g considered in force
and effect.'' There was, however, no rulint(that.the 1973 Constitution has been validly
.t·atified, because six (6) out often (10) justices held that there was no valid ratification, but
the votes were not enough to declare that the Constitution was not in force.
In suh s~quent cases, the Suprem~o Court recognized the validity of the 1973 Constitution.
Javellana vs. Executi\·e Secretary, 1!1 al.; Tan vs. Executive Secretary; Roxas v ~:. Melchor;
Monteclaro vs. Executive Secrct.ary; Dilag vs. Executive Secretary, 6 SCRA 1048, March 31,
1973. See also Aquino vs. COME!...EC and National Treasurer, 62 SCRA 270, Jan. 31, 1975.
 rl\·monuc·J'lON 27
E . Constitution of the RApublic of t he Phili ppine;;

a nee by the Iglesia ni Krista of the President's offer to submit a nomi-

nee.
(b) The Constitutional Commission, which m arked the fourth exer-
cise in the writing of a basic chartet in Philippine history since the
Malolos Constitution at the turn of the century,11G convened on June 2,
1986 at the Batasang Pambansa Building in Diliman, Quezon City.
With the Malolos Constitution of 1898, the 1935 Constitution, and the
1973 Constitution as "working drafts," the Commission in addition to
committee discussions, public hearings, and plenary sessions, conducted
public consultations in different parts of the country.
(c) The proposed new Constitution was approved by the Constitu-
tional Commission on the night of Sunday, October 12, 1986, culminat-
ing 133 days of work, by a vote of 44-2. A Commissioner57 signed
subsequently by affixing his thumbmark at his sickbed on Octooer 14,
1986 so that he actually voted in favor of the draft. Another Commis-
5
sioner5·' had resigned earlier. The two Comi sioner ~ who dissented
also signed "to express their dissent and to symbolize their four (4)
months of participation in drawing up the new Con~tiu."
(d) The Constitutional Commission held its final session in the
morning of October 15, 1986 to sign the 109-page draft consisting of a
preamble, 18 Articles, 321 Sections and about 2,000 words - after
which, on the same day, it presented to the President the original
copies in English and Filipino. It was ratified by the people in the
plebiscite held on February 2, 1987. 1' 0 It superseded the Provisional
Const itution which had abrogated the 1973 Charter.
(2) Merits and demerits o/' an appointive framing body. ·-- Admittedly,
t here were some merits or advantages in delegating thfl drawing up of the
n ew charter to an appoi:1ted Constitutional Commission r ather than to an
elected Constitut1onal Convention.
(a) For one, the Constitutional Commission was r:ut expensive and
time-consuming, as was our experience with the 1971 Constitutional
Convention and it was thus practical because the <:ountry could not then
afford the cost of electing delegates because oflack of funds, and time was
of the essence in view of the instability inherent in a revolutionary govern-
ment a nd the need to accelerate the restoration to full constitutional
democracy.

5'This does not include the 1943 Constitution which wHs drafted and ratified hy a special
National Convention of the Kapisanan sa Paglilingkod .sa Bagong Pilipinaf> (KALIRAPI>
when the Philippines was under Japanese occupation from 1942-1944 during Wnrld War II.
~ 7 Deco ros R. Rosales, St.. Luke's HospitaL Quezon City.
; ,~Lino 0. Brocka.
r.~Jose E. Suarez and Jaime S.L. Tadeo.
1
A' 17,059,495 voted "yes" 176.37?C of the t otal votes cusl) ~:s agains t 5,058, 714 rcpreF<ent-
ing "no" votes (22.615%i with 207 ,730 llbste ntions.
28 n;XTBOOK ON THE PHILIPPINE COt\STlTUTION

(b) However, the strongest a nd most fundamental a rgument pro-

pounded against this rnGthod is that an a ppointive body is sus ceptible
to the charge of lack of independence a~d the suspicion ofprcssure and
even manipula tion by th ~ appointing power. The writing of a Constitu-
tion as the highest expreHsion of t he peoplc'!ol "ideals and aspirations" to
serve the country for generation s to come is a political exercise of
transcendenta l importance in a republican democracy a nd, therefore,
only those directly e lected an d em powered by the people must be
entr us ted with the task to discharge this grave and solemn responsibil-
ity.Gt
(3) N eed to cure defect i.n the Constitution. - To havo a truly demo-
cratic and constitutional government, it is absoh.ttely necessary that the
Constitution be initially drafted by duly elected members of a representa-
tive constituent a ssembly or convention a nd later on approved by the
people in a plebiscite. Some see the need to Rtraighten out the p resent
Constitution which was drafted by n on-elective commissioners a nd ratified
under the authority of a revolutionary government. The theory is posited
that having it ame nded by electe d delega tes and having constitutional
amendments ratified under the d emocratic government, we will have now
cured any defect in its formul a tion and rat i fic ati on. 6 ~

Basic principles underlying the new Constitution.

The 1987 Constitution is founded upon certain fundamental principles
of government which have become part and parcel of our cherished demo-
cratic heritage as a people. A knowledge of t hese principl es is , therefore,
essential to a proper understanding of our organic law.
Among these principles as contained in the new Constitution nre the
fo llowing:
(1) Recognition of the aid of Almighty God (see Preamble. l;
(2) Sovereignty of the people Csee Art. II, Sec. 1.);
(3) Renunciation of war as an i nstrument of national policy «see Ibid.,
Sec. 2 .);
( 4) Supremacy of civilian authority over the military 1 see Ibi d., Sec .
3.);
(5) Separation of church and S tate <see Ibid .. Sec. 6.1;

~'Th e fact, howcver;-that thtl memhort; of the Constitutiona l Comm is:oion were s elected
a nd app ointed by th e.: Presliten.t..[!:Q!ll..a-lis t. of nomi netls does n(•t nece,saarily establish that it.
was not representative of the sover eign will of t.he Filipino ~ople or that the new Const.itu-
tion fails to ex:press their will as to wha t the supreme law ought t o be. Conversely, a
constitutional convention. like the ones Wtl have hnd in 1935 a nd 1971 , may not a l wa y~ be
reflecti ve of the senti men ts or dAs ires of the majori ty of the people who e lected it:; delegates.
62See "Though ts: RP Cons ti tution," hy former President Diosdado Macapagal , Manila

Bulletin , p. 7, Feb. 5, 1989.

 INTRODUCTJO;-..' 29
K Constitution of the: Republic of thE' Ph ilippinl's

(6) Recognition of the importance ofthc family al:l R basic social institu-
tion and of the vita l role of the youth in na tion-building (see Ibid., Sees . 12,
13; Art. XV. );
(7) Guarantee of human rights (l';ee Art. III, Sees. 1-22.);
(8j Government through s uffra ge (see Art. V , Sec. 1.);
(9) Separation of powers (see Art. VI, Sec. L );
(10 ) Independence of the judiciary (see Art. VIII, Sec. 1.);
( 11) Guarantee oflocal a utonomy (see Art. X , Sec. 2.);
(12) High seosP. of public service morality and accountability of public
officers (see Art XI , Sec. 1.);
( 13) Nationalization of natural resources and certain private enter-
prises affected with p ublic intere1;t (see Art. Xll , Sees. 2, 3, 17, 18.);
(14 ) Non-suability of the State (see Art. XVI, Sec. 3.);
(15) Rule of the majority; and
(1 6} Governmen t of laws and not of men.
The above principles (except Nos. 15 and 16) a re discussed u nder t he
corresponding provisions indicated .

Rule of the majority.

( 1) Concept. - The observance of the rule of th e majoritys.1 is an
unwritten law of popular (i.e., d emocratic) government. The wishes of t h e
majority prevail over those of the minority . It does not mea n that the
mi nority is left without rights. It is given certain fuhdamental righ ts, like
the right to express their opinions, or to protest the actH of the majority
a lthough it is bound to abide by the decision of the latter.
(2) Instances.- In many in Htances, the rule of the majority is observed
in our government. Thus, under the new Constitution:
(a ) A majority vote of a ll the respective members of the Congress is
necessary to elect the Senate President and the Speaker of the House of
Representatives (Art. VI, Sec. 16ll ].), and a majority of all the members
of Con gress to concur t o a grant of a mnesty (Art. VII, Sec. 19.) and t o
pass a law g-ran ting tax exemptions. (Art. VI , Sec. 28( 41.) In case of a tie
in the election for Pres_ident (or Vice-President), the President shall be
chosen by the majori t y vote of all the members of both Houses of
Congress. (Art. VII, Sec. 4 .)
(b) A two-thirds majority of a ll its respective members is required
to suspend or expel a member of eith er House (Art. VI, Sec. 16[31.); of
all the members of Congress to declare the existence of a state of war

6 "'';\1ajority" me<tns at lem;t one--hal f pluA one of a gi ven nu mber.

30 Ti':XTBOOK ON THE PHILIPPINE CONSTITUTI ON

(Ibid ., Sec. 23L2.1. l, to reconsider a bill vetO(!d by the President (Ibid.,

Sec. 27[2j.). and to call a constitutiona l convention (Art. XVII, Sec. 3.);
n.nd of all t he members of the Senate t o concur t o a treaty or interna-
tiona l a greement (Art. VII , S ec. 21.) and to r ender a judgment of
conviction in impeachment cases. (Art. XI, Sec. 3 l6J.)
(c) Any amendment to, or revision of, t he Constitution may be
proposed by Congress upon a vote of t hree-/ilurths of a ll its members
(Art. XVII , Sec. ll.lJ. ), and it sha ll be valid when ratifie d by a majority
of the votes cast in a plebi scite. (!bid., S ec. 4.)
(d) D ecisions of the Supreme Court en bane h ave to be concurr ed in
by a majority of the mentbers who a ctually took part in the delibera-
tions on the issues in the c as; ~ and voted thereon , to pronounce a treaty,
international or executive a greement, or law unconstitutional x x x.
(Art . VII1 , Sec. 4. )
In the Court of Appeals, the vote of at least the majority is necessary in
m a ny cases. Even in the passage of local ordinances, t he rule of the
m ajority is observed.
(3) A practicable rule of law. - T he d evice of the majority is a practica-
ble rule of law based on reasun and experience. Democracy assumes that in
a society uf r a tional beings, the judg ment a nd experience of the many will,
in most instances , be superior to t he judgment and experience of the few ;
and hence, t htit the verdict of the majority will more likely be correct than
tha t of the minori ty. li is, of course, to be understood t hat the m ajority acts
within t lw pale of the law. 64

Government of law and not of men.

( 1) Conc(~pt. -By t his principle, which is also known a nd h as the sam e
import as thHrule of !a u·, is meant that no man in this country is above or
beyond t he law . E very ma n, however high and mighty his station m ay be,
possesses n o greater rightsl;.; than every other man in the eyes of the law.
( 2 ) Exercise of government powers. - A government of laws, as con·
trasted with a govemmen t of men, is a limited govern ment. It ha s only the
powers given it by the Constitution a nd laws, and it may not go beyond the
gr ants and limitations set fo r th therein.ojfj Its authority continues only with
the con::;ent of the people in wh om sovereignty resides. 1 Art. II , S ec. l. )
Where personal whims and u ncontrolled discretion guide the conduct of
govornmental action, what exists is not a rule of la w but a r eign of men
'
.\
•;·•Sec Sclum1 ndt & Steinbicker, note 2, op. cit., p. 265.
";Rut where there n re ra tio nal gro unds for so doing. the law may constitut ionally grant
special r ights or pri\ilcges t o IJCrsons belon ging to n clas;; (o?.g., to the Pres ident ) which are
denied t.o persons who a re not s imilarly situo ted. (see Art. III. Sec. 1.)
''''Sec V.G. Sirwo, n ote 37, op. cit .. p. 126.
 INTRODUCTION 31
E. Constitution of the Republic of the Philippines

without law. All officers of the government, from the highest to the lowest,
are creatures of the law and are, therefore, bound to obey it. A government
that fails to enforce the law, in effect, fails to govern.
(3) Observance of the law. -- The same is true of private individuals in
the community. They are also bound to respect the sovereignty of the law.
A person may not agree with the wisdom and expediency of the law but it is
his duty to follow the law so long as it remains in the statute books. He
cannot take the law into his own hands by resorting to violence or physical
force to enforce his rights or achieve his ends without being criminally held
liable for his action. ·
The principle thus protects most especially the liberties of the weak
and underprivileged.
(4) Significance of the principle.- It is basic that laws must be obeyed
by all and applied to everyone - rich or poor, lowly or powerful - w.ithout
fear or favor. The observance of the supremacy of the rule of law by
officials, individuals, and the people as a whole is what will sustain our
democracy and assure the existence of a truly free , orderly, and equitable
society. (see Preamble. )
Every citizen has thus a stake in the rule of laW0 7 as contrasted to the
"rule of men." Without it, there is only anarchy, or a mere semblance of
order under a dictatorship .

- oOo-

67P roclamation No. 713 (Se;:>t. 22, 2004) declares September of ~;ve ry year as "Rule of
Law" month, and for the Department of Education to implement programs and activities in
the observance thereof.
 PREAMBLE

We, the sovereign Filipino p eople, 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 com mon good, conserve a nd
d evelop our patrimony, and secure to ourselves and our
posterity the blessings of independence a n d d e mocracy un-
d er the rule of law and a regime of t ruth , justice, freedom,
love, equ ality, and peace, do ordain and promulgate this
Constitution.

Meaning of Preamble.
The term preamble is derived fro m the Latinpreambulare which means
"to walk befor ~" 1 It is an int roduction to the main subject. It is the
prologue of the Constitution.

Preamble not essential in a constitution.

Technically s peaking, the Preamble forms no integral part of our Con-
stitution. Of itself alone, it cannot be in voked as a sour ce of private right
enforceable by the courts or of any governmental power not expressly
granted or at least, clearly implied therefrom. 2
It is significa nt to note, however, that a m ajority of the constitutions of
the world contain a preamble.

Object and value of Preamble.

(1) Sets down origin and purose.~ of the Constitution. - While a
preamble is not a necessary pa rt of a constitution. it is advis able to have
one. In the case of the Constitution of the Philippin es, the P reamble which
is couched in general terms, provides the broad outline of, and the spirit
behind, the Constitution.
It serves two (2) very important ends:
(a ) It tells u s who are the authors of the Constitution and for whom
it has been promulgated; and

1 Tucker on the Constitution, p. 381.

,"
2 See 1, S tory on th e Constitution,··P.-.........361.
.
3~
 PREAMBLE 33

(b) It states the general purposes which are intended to be achieved

by the Constitution and the government es ta blished under it, and
certain basic principles underlying the fundamental charter.
(2) May serve as an aid in it.<; interpretation . - The PreamblP. has a
value for purpose& of const ruction. The statement of the general purposes
may be resorted to as an aid in determining the meaning of vague or
a mbiguous provisions of the Constitution proper. By way of illustration,
the government is without power to impose taxes for private purpose
because according to the Preamble it is established for public purpose -
t he promotion of t he common good - and not for pr:-ivate purpose.

Source of Constitution's authority.

(1) The Filipino people. - The Constitution begins and ends 'vith the
words, "We, the sovereign Filipino people, imploring the aid of Almighty God x
x x, do ordain and promulgate this Constitution." Thus, the Filipino people
themselves (not just their representatives) are the source from which the
Constitution comes a nd being so, it is the supreme law of the land.
The Preamble r etains the use of the term "F ilipino people" to signify
their oneness and solidarity. It is different from the term "people of the
Philippines" which may refer to the entire body of inhabitants, a mere
"aggrupation" of individuals, including aliens.
(2) A souere{gn people. - The Constitution calls the Filipino people
"sovereign." The first person approach consisting of the use of the pron ouns
"we" and "our'' h as also been retained instead of the impersonal t hird
person approach (i.e., "the Filipino people" and "their") in the Preamble of
the 1935 Constitution. The intention is to stress that the Filipino people in
ordaining and promulgating the Constitution do so on their own authority
as a sovereign people and not by virtue of the authority or permission given
by a superior foreign power.

Belief in God stressed.

Our Preamble is in the form of a collective prayer. The Filipinos are
intensely religious people. In imploring the z.id of Almighty God, they
declare and affirm their belief in the existence of a Supreme Being that
guides the destinies of men and nations. They recognize the fact that with
th e help of God, t hey will be able to achieve the ideals and aspirations to
which they are commit ted. In a sense, they acknowledge God as the source
of their authority. ·
The Philippines is the only predominantly Christian and partly Muslim
nation in Asia and East Pacific Region. 3

3Christ ian ity and ].slam are the two leading religions of mankind t hat co·exist in

Philippine socie ty today. Isla m came to the sou thern Philippines at about th e beginning of
the 14th century, or even earlier, through foreign :.\oluslim traders - and later mainly
34 TEXTBOOK ON 1'HE PHILIPPINE CONSTITUTION

National purposes and aims in adopting

the Constitution.
A., set forth in the Preamble, they are:
(1) To build a just and humane society; a nd
(2) To establish a Government that shall:
(a) embody our ideals and aspirations;
(b) promote the common good;
(c ) conserve and develop our patrimony; and
(d) secure to ourselves and our posterity the blessings of independ-
ence an d democracy under the rule of law and a regime of truth , justice,
freedom, love, equality, and peace.

Attainment of the constitutional goals.

(1) Root causes of our present problems. - After more than a half
century of independent existence,' the Philippines continues to be beset
with pressing economic, political, a nd social problems usually associated
with underdevelopment. To be sure, every administration has been respon-
sible, one way or another, for the slow progress of our country. A simple
analysis will reveal that the root causes of our country's problems can be
traced to a large extent to the government machinery itself - graft and
corruption, political wrongdoings, blunders in economic policies, and mis-
management, among others. 5
The public perception of these shortcomings plus the inability of the
government to satisfy the basic needs of our increasing population, have
engendered misgivings in the minds of many in t he effectiveness of the
existing system, and have , in fact, contributed to our lack of unity and
oneness as a people.,;
(2) Government envisioned by the Constitution . - The two goals - to
build the kind of society and to establish the kind of government set forth

through Muslim mi:.<sionaries. The introduction ofCh ri.;tianity t.o the Fili pinos began in 1565
when Miguel Lopez de Legazpi can1e to colonize the Philippint!S. Over 9Qf.( of the population
t oday are Christians , mostly Catholics. Luzon 11.nd Vi;;ayas are !ilmost entirely populated by
the Christians. Enm Mindanao is !'>ettled larg~y by Christi ans excPpt for the provinces of
Maguindanao, Basilan, Sulu, Taw i-Tawi, La nao riel S ur, and Lanao d el ~orte wh e n~ the
Muslims prepo nderate. ·
'From the United States, with the proclamAtion of independence and inauguration of the
Republic of the Philippines on July 4, 1946.
5
To the credit of President Ramos, the Philippines, after three decades of turtle -paced
growth, has made much headway in its development efforts to achieve th e status of a newly
industrialized count.r y by the year 2000.
'This lack of national unity is easily one of the main reasons why the Philippines has
been left far behind by its Asian neighbors tJ:!at up to 30 years, with the exception of ,Tnpan,
were traili ng the Phili ppines in ex ports a;, weH.,as gross national product CGNPJ. (see Art.
XII, Sec. 1.) '"""'

\
 PREAMBLE 35

in the Preamble - are attainable only if the government actually estab-

lished js of the character envisioned by the Constitution.
(a) That government must be democratic, i.e., based on the consent
of the governed, and it must be so not only in its structure but more
importantly, in its operation. (see Art. II, Sec. 1.) For instance, it is not
enough that taws are just and humane- they must be applied justly
and humanely; or that periodic elections are held- they must be clean
and orderly and must accurately reflect the will of the electorate.
(b) That government must be administered by honest, efficient and
dedicated men and women who consider public office as a public trust.
(Art. IX, Sec. 1.)
(c) That government must be responsive to the people's needs and
expectations, exercising power and authority in view only of the com-
mon good, always guided and controlled by the laws and the Con'stitu-
tion.
(3} Single biggest factor for national solidarity. - Such a government
is beyond doubt, t he single biggest factor for national solidar-ity for it
commands the respect and confidence of the citizens in its ;ntegrity and
competence and, therefore, can readily secure their support and coopera-
tion behind great undertakings and, in times of grave crises, count on their
loyalty and patriotism to make sacrifices, and if need be, to defend it and
the democratic ideals and values (e.g. , rule of law, respect for human
dignity, freedom, equality) it stand~ for .
( 4) Key to a succ:essful democracy. -Only when we succeed in estab-
lishing a truly popular "government that shall embody our ideals and
aspirations,'' as intended by the Constitution, can we overcome \vhatever
difficulties and m eet whatever challenges that we face today and that may
confront us in the future. Only then can we build for ourselves and the
succeeding generations a vibrant democracy that can withstand the tough-
est tests of events and a::;sure a life of prosperity and progress, justice and
dignity for all, especially the poor and the less privileged in our society who
up to now consti.tute the vast majority of "the sovereign Filipino penple."
·see Art. II, Sees. 9-11.)

Changes in the Preamble.

(1) The Preamble, consisting of 75 words, is one of the world's longest
preambles. It has 15 words more than that of the 197a Constitution.
(2) The phrase Almighty God replaced "Divine Providence" in the 1935
and 1973 Constitutions which was considered vague and impersonal. The
latter term was used in the 1973 Constitution as a compromise to accom-
modate some atheists in the 1971 Constitutional Convention. Common
good is used to refer to all the people in place of "general welfare" which is
not as inclusive as it may be interpreted to refer only lo the welfare of the
greater majority (even to the gre at prejudice of the minority), and f'reedom
36 TEXTBOOK ON T HE Pl\ ll.lPPfNB C0!\1STITVTION

instead of "liber ty'' becau se the latter wor d does not cover freedom fr om
want, fe ar and ign ora nce.
(3) Other a mendment s are the insertion of the following phrases a nd
words:
(a) to build a just a nd h umane societ:v, t o stress that in ordaining
a nd promul gating the Con st itution , the purpose is not only t o establish
a gover n ment but also such a society where inequalities or inequities in
a ny form do not exist. This is esp ecially r elevant in our society toda y
where there are so few with so much and so ma ny with so litt}(•;
(b ) the rule of la w (see Introduction -E .), the Const itutional Com-
mis sion appar ently having in mind the cou ntry's experi('nce of authori-
taria n rule under the fo r mer r egi me which had been accus ed, am ong
other s, of huma n right s violat ions. electoral fra uds a n d t err orism,
suppression of diSt!ent , abuse of the decree- making powe r , an d un equal
application of the law;
(c) aspirations, to stand for the un reallze d drea ms of t he nat ion as
distinguis hed from "ideals" which r efer t o accepted norms a nd senti-
ments ;
(d) -truth , to emphasize the const itutiGna l policy of t ranspa rency in
the a dministration of the govern ment ; a nd
(e ) lot'e, as a dir ective principle of the P r eamble together with
t ruth , justice, freedom, equality a nd peace . In ma ny parts of t he cou n-
try t oday , int ense partis an conflict s and political riva lries, not to men-
tion the long-dr a wn communist a rme d rebellion a nd the seces::;ionist
move ment in the south,' and the r epeated coup attempts by disaffected
military r ebels to overth r ow t he governme nt,k have engendere d hatred,
violence and tension!:! , a nd hin der our progres s and development. With ·
out a sense of love to bind the F ilipin os and m a ke them show mor e
com passion, concern a nd u nderstanding for one another es pecially dur -
ing thes e cr it ical t imes when the cou ntry is confront ed by vexing socio-
politico-economic problems , nation al unity a nd peace so vitally needed
in th e gr eat tas k of bui lding a s trong and st a ble nation, will remain an
elusive goa l.

' Armed dis,.,idence again ilL t he go,·ernm e n t ha,; r aged virtually wit hout let-up !Iince t.be
late 1940!1. lt wa!; followed by t he H ukba la h ap re bt! llion, then beginni11g l9i0, by a Maoist
in surgency. The sepa ratist n ~h t! l io n among the l\Iu:;lim co m ~& ni tic ; of S ul u a nd W cf< t~; rn
M indanao which took a n incrf!.as ingl y rc:ligious color s tart ('!d 1n 1969
As of this wri tin g, th e Govern ment is !;till e•' g"ged in P<!ace ta l k ~ with the Nationa l
Dem ocratic F r ont CNDF ), t he political a rm of t he Comm unis t P ar ty of t h e P hilippines (CP PJ.
A fin al peace s ettlemen t has a lread y been forged with t h e Mo ra ~ at i ona l L ibera tion F ront
cMN Lfo'i in 1996. Now, the Govern ment h as to con tend with a brea ka way faction of the
MNLF, t he Moro Isla mi c· Lib enttion Fr ont (.MILF! which cont inues to su pport the secession
of Mi nd an no. O n Octobt<r 19, 200 1. th e Phi lippine Gover·,lmellt and the MILF inked a cease-
fixe operations pact a t. Ku ala Lu m p ur , Ma laysia . consider ed to be a hig positive step towards
ach ieving last ing pea ce. ......
.. DUl·ing th e ndmi ni,:;!.ratiou. of President. C o r a ; · ~· Aq uino (1986- 19921.
'·
 37

Incidentally, the new Constitution is the only one in the world to

enshrine "love" in its text which can also be read as ''human fraternity''
or "brotherhood."
(4) The word independence in the 19~5 text of the Pr~amble (which was
almost an exact reproduction of the Pn~amble of the U.S. Constitution
except for some alterations in phraseology) was changed to "democracy" in
the 1973 Constitution for the reason that the term denotes the idea of a
colonial status (which was existing at the time of the adoption of the 1935
Constitution), and it is long E.fter 1946 when the Philippines had become
legally independent. It is restored to stress our being an independent
nation, "free to build and chart our own destiny, in our own time and in our
own way."
Of course, there is no nation in the wcrld that is truly independent.
Each nation is to a certain degree depEmdcnt upon others, for no nation, no
matter how progressive and prosperous, can be completely self-sufficient.
The constitutional goal is self-reliance and freedom from foreign control
and intervention in the development of our national economy (see Art. II,
Sec. 19.} and the pursuit of our foreign policy. (lbid., Rec. 7.)
(5) The words peace and P.quality were inserted in the 197:{ Constitu-
tion in view of the turbulence, and the waves of p1·otest against "basic
economic and social inequalities" then prevailing in the country at the time
of the framing of the same. ThE-se conditions continued to exist up to the
last days of the Marcos regime. While the idea which "equality" signifies is
already embodied in the term "democracy," it is imperative that emphasis
.should continue to be made in the new Charter of the egalitarian objedives
of our society.

-oOo-
 Article I
NATIONAL TERRITORY

SECTION 1. The n a tional territory comprises the Philippine

archipelago, with all the islands and waters embraced therein,
and all other territories ove r which the Philippines has s over-
eignty or jurisdiction, consisting of its terrestrial, fluvial, and
aerial domains, including its t e rritor ial sea, the s eabed, the
subsoil, the insular shelves, and other submarine areas. The
waters around, between, a nd connecting the islands of the
a rchipelago, rega rdless of their breadth and dimensions, form
part of the internal waters of the Philippines.

Necessity of constitutional provision

on National Territory.
The Constitution begins with a delimitation of our national t erritory.
( 1) Binding fo rce of such provision under internationa llaw. -There is
no rule in international law which requires a State to define its territorial
boundaries in irs Con::; titution . The r eason is th at \vith or without such a
prnvision, a State under i nterna tiona l la w has the unquestioned right to
assert juri.sdil'tion t hroughout the e xte nt of its territory. Nor is s uch de-
limitation binding upon other S tates who are not precluded from claiming
title to territories which they think is their!'l . 1
In any case, terri torial disputes have t o be settled ael'Ording to tht>
rules ofinternationallaw.
(2) Value of provision defining our national territory. - :-\eYertheless,
it is important to define as precisely as possible our na tion a l terrhory fo r
the purpos e of making known to t he world the «reas O\·cr ,,·hieh we assert
title or ownership to avoid future conflicts with other n mions. As a sover-
eign State, the Philippines can promulgate and enforce laws within our
country. Every other power is exclud ed from ex rc is~n g dominion or juris-
diction without t he conse nt of the Philippin es.

1A constitutio n is not internat ional law but only a ~ to te la w: a ~ l! uch. it is binding only on
the state promulgating it.

38 ' \.
.......
 Sec. 1 ART. I. -NATIONAL TERRITORY 39

International law recognizes the supreme authority of every state within

its territory, although foreign sovereigns and diplomatic envoys are enti-
tled to exemption from local civil and criminal jurisdiction. 2
(3) Acquisition of other territories. ·-Incidentally, the definition of our
national territory in our Constitution does not prevent the Philippines
from acquiring other territories in the future through any of the means
(e.g., purchase, exchange, etc.) sanctioned by international law.

l National Territory of the Philippines.

As provided in Article I, it comprises:
(1) The Philippine archipelago 3 with all the islands and waters em-
braced therein; 4
(2) All other territories over which the Philippines has sovereignty or
jurisdiction;5 •

(3) The terrestrial, fluvial and aerial domains including the territorial
sea, the seabed, the subsoil, the insular shelves, and other submarine
areas thereof; and
(4) The internal waters. (Sec. 1.)

Meaning of archipelago.
The term archipelago is derived from the Greek word pelagos meaning
"sea." It has been defined as a sea or part of a sea studded with islands,
often synonymous with island groups, 6 or as a large group of islands in an
~xtensiv body of water, such as sea.7
In other words, it includes both sea and islands which geographically
may be considered as an independent whole.

Other territories over which the Philippines

has sovereignty or jurisdiction.
(I) The phrase "all the other territories belonging to the Philippines by

2 Every Filipino i.:itizen, however, whether he is inside or outside the country, is subject

to the personal JUrisdiction of the Philippines. Thus, he can be made subject to Philippine
income tax.
~The Philippi rws. one oft he largellt archipelagos in the world, lies off the southeast coast
of Asia. Nearest to it are MalaYsia and Indonesia on the south and Taiwan on the north. Its
estimated 7.107 i~lands cover an area of about 300.440 square kilometet·s stretching in
discontinuous coastli(1e of 1.850 kilometer;; from north to south. The Philippine archipelago
referred to in Article I are those mentioned in Article I of the 1935 Constitution.
'Geographically, the Philippines is comp~ed of three main parts: Luzon in the ~orth,
Visayas in the center, and Mindanao in the south.
r.Actual exercise of sovereignty is not essential to the acquisition or retention of sover-
eignty rights over a territory.
"See Glossary of Oceanographic Terms (1960}, U.S. Naval Oceano~rphi Office.
:see Meritt Students Encyclopedia (1960).
40 TEXTBOOK ON THE PHILlPPINE CONSTITUTION Sec. 1

historic right or legal title"8 in the former provlSIOn was amended as

indicated above. The phras e acquired a definite meaning in the 1973
Const itution as a cover-aU for pending Philippine claim to Sabah (formerly
North Bor neo) against Malaysia and the possible ~lai m to the so-called
Freedom land (a group of isla nds known as "Spratley" islands in the South
China Sea) and the Marian as Islands, including Guam (which according to
historical documents were under the control of the civil and ecclesiastical
authorities in the Philippines during the Spanish r egim e), or any other
territory over which the Philippines may in the future fine it h as a right to
cl aim.
Its inclus ion in the definition of our national tenitory merely provided
for the possibility that said territories might eventually become a part of
the Philippines but it did not settle t he question of whether they belong to
the P hilippines by historic right or legal title.
(2) The deletion, h owever, of the words "by historic right or legal title"
is not to be construed as precluding future claims by the Philippines to
a reas over which it does n ot actually e xercise sovereignty. The change is
designed to improve our relations with Malaysia while allowing flexibility
in pursuing the Sabah claim. 9

Other areas included in the Philippine

archipelago.
Th e Philippine territory consists of its terrestrial, fluvial, and aeriaP 0
domains. Included in its fluvial domains, in addition to the external wa-
t ers, are:
( 1} The territorial sea. - It is that part of the sea e xtending 12 nautical
miles ( 19 kms. } from the low-watermark. It is also-called the "marginal
sea," the ';m a rginal belt,'' or the "marine belt";
(2) The seabed (or sea floor or sea bottom). -This r efers to the land
tha t holds the sea, lying beyond the seashore, including mineral and
natural resources;

~ Hi .~tor it: right h as been tak en to mean title created in derogation of internati onal law
th roug h h istorical process by which on e state has asserted jurisdiction originally illegal,
which has been acquiesced in by the community of nations. I.egal title, on the other hand,
r~ fc,·s to >l der ivative title, ll UCh <l !; ces!<ion by u State of its sovereign rig h t.~ over a territory .
(J ustit·e .F.Q. Anton io, "For and against the RP Sabah Claim.~ 'fhe Bulletin Today. Sept. 23,
1977. ! .
~The catch· all cla im has c1 eated irrit ants in our tie ~ wi th Malaysia, a member of
ASEAN, which co n~i cler ed Lhe ph rase as an assertion of Philippine claim over Sabah. T he
d eletion of the cla use has removed a possi ble constitutional obstacle to the·dropping of t he
Sa bah claim by t h e P hilippines if it dce;ires to do so.
•cThit=: refers to the air l!pacc or that part of the air abo ve the la nd and water te rritor y of
th e Philippines. The prese nt state of developmen t in space navigation does not permit any
delimitation of thE' height of air space subject t o the Rovereign jcrisdiction of a state. (See
Committee on Na tional Territory Report No. 01 fl97l Constitutional Convention], dated
Jan. 15. 1972.)
SE>c. 1 ART. I . - NATlONAL TERR[TORY 41

(3) The subsoil. -This refers to everything beneath the surface soil
and the seabed, including mineral and natura] resources;
(4) Insular shelves (or continental shelves).- They are the submerged
portions of a continent or offshore island, which slope gently seaward from
the low waterline to a point where a substantial break in grade occurs, at
which point the bottom slopes seaward at a considerable increase in slope
until the great ocean depths are reached; and
(5) Other submarine areas. -They refer to all areas under the territo-
rial sea. Among oceanographic terms used are seamount, trough, trench,
basin, deep, bank, shoal, and reef.
As part of the national territory, the seabed, the insular shelves, and
other submarine areas are necessarily co-extensive with the territorial sea.
The Philippines has a right or title to them to-the extent recognized by
international law.

Three-fold division of navigable waters.

From the standpoint of international law, the waters of the earth are
divided into:
(1) Inland or internal waters. -They are the parts of the sea within
the land territory. They are considered in tht same light as rivers, canals,
and lakes within the land territory of a state. They are sometimes called
national waters;
(2) Territorial sea. (~pra.)- It is the belt of water outside and paral-
lel to the coastline or to the outer limits of the inland or internal waters;
and
(3) High or open seas. - They are waters that lie seaward of the
territorial sea.

Jurisdiction over navigable waters.

The inland or internal waters and the territorial sea together comprise
what is generally known as the·-~rioal ·waters of a state. Over these
waters, a state exercises sovereignty to the same extent as its land terri-
tory but foreign vessels have the right of innocent passage through the
territorial sea.
On the other hand, the open seas are internationai waters which means
that they are not subject.to the sovereignty of any state but every state has
equal right of use in them. 11

11
Presidential Decree No. 1599 (June 11, 1978) establishes an cxclul':ive economic zone
(Eii:Zl of the Philippines extending to a distance of 200 nautical miles beyond and from the
baselines from which the territorial sea is measured; except that where the limits overlap the
economic zone of an adjacent or neighboring state, common boundaries !\hall be determined
by agreement with the state concerned, or in accordance with generally r<lcognized princle~
of international law on delimitation.
42 TEXTBOOK ON THE PHILIPPINE CONSTI-TUTION Sec. 1

The archipelagic concept or principle

of territoriality.
The use of the word "archipelago" in Article I is intended to project the
idea that the Philippines is an archipelago (a state composed of a number of
islands) and bolster the archipelagic concept (or archipelago doctrine)
which the Philippines, together with Indonesia and other archipelago states,
had espoused in international conferences on the Law of the Sea.
By this concept is meant that an a_rchipelago shall be regarded as a
single unit, so that the waters around, between;-·8."nd connecting the islands
of the a r chipelago, irrespective of their breadth and dimensions. form part
of the interna 1 waters ofthe state, J.i.u biect _iqJ~ . J ~ . ~ - c;lJ.si ve sovereignty.

The Philippine position.

The archipelago theory is in reality an exception to the three-mile rule
(now 12-mile rule). This rule does not adequately protect Philippine inter-
ests at all.
(l ) In the International Convention on the Law of the Sea held in
Geneva in 1958, the Philippine position was exrlained 12 as follows:
"To apply the three-mile rule to the Philippines, with every island
having its own territorial sea, would have a fatal effect upon the
territorial integrity of the Philippines. It would mean the dismember-
ment of t he archipelago with the Sibuyan sea separating ti,e Visayas,
and the Mindanao Strait and the Sulu isolating Palawan from the rest
of the archipelago.
These and other areas of waters would cease to be Philippine
waters; they wou ld become international waters or high seas, and
fishing vessels from all nations can enter to get the fish and other living
resources of the sea which nature and Divine Providence intended for
the Filipinos. Furthermore, warships of even unfriendly nations could
enter these waters and stay there with perfect legal right to do so. At
the same time, we would lose a large part of our territory on both sides
of the archipelago, towards the China Sea and the Pacific Ocean."
As long as the Philippine Constitution stands, as long as the Philip-
pines continues as one united country, a nd as long as the Philippines
contitutes one nation, the three-mile limit can neyer be acceptable to us."
(2) In a statement before the Sub-Committee II of the Committee on
Peaceful Uses of the Seabed and the Ocean Floor Beyond the Limits of
National Jurisdiction at Geneva on August 16, 1971, the Solicitor GeneraP 3

12
By the late Senator Arturo M. Tolentino.
13
E stelito P. Mendoza.
Sec. 1 ART. l. - NA1'TONAL T ERRITORY 43

of the Philippines reitera t ed t he reasons why the over 7,000 islands com-
posing the Philippines should be treated as one whol e unit:
"More than seven thousand islands comprise the Philippines ruled
by one whole unitary governme nt, bound by a common heritage, be-
holden to the same tradi.tion, pursuing the same idea ls, interdependent
a nd united politically, economically and socially a s one nation.
To suggest that ea ch isla nd has its own territoria l s ea and that base
lines mus t be drawn around each island is to s plinter into 7,000 pieces
what is a single nat ion a nd a united stat e. One need only imagine a
map of the P hilippines wit h t erritorial seas around each island and
with pockets of high seas in between islands to r ealize the absurdity of
the resulting situation. De pending on the breadth of the territorial sea
that may emerge, such pockets of high seas in the very heart of the
country may be such small areas of no more than 5 to 10 or 15· square
miles. And yet, on account of this, on the pre text of going to those
pockets of high seas, any vessel may intrude into th e middle of our
country, between, for ex ample, the islands of Bohol and Camiguin
which fr om shore t o sh or e a r e separated by no more th an 29 miles."
(3 } Even , therefore, a twelve-mile breadth of th e t err itoria l sea would
not be acceptable to t he Philippines as it would still r esult in having some
pocket s within the sea be tween some islands which would be considered
international waters. 11 The a rchipelago principle an d the exclusivi! eco-
nomic zone rights (see Note 11 are now fully recognized in the U.N. Law of
the Sea Convention and, ther e for<:, form part of public international law. It
was ratified by the interim Ba t asang Pambansa on Febr uary 27, 1984. 15

- oOo -

HTh e significance of the archipelagic doctrine is more r ea lized with the present progra m
of t ho government to develop a ll its n atura l resources found in i tB water s under the sea and
in t he seabed to their fullest. ext en t . The re is now tremendous interest recently generated in
off-shore oil exploration in our country . ("The TerritoTial Jurisd ic tion of the Philpne ~;,' '
J ourn al of the IBP, Vol. 1, No. 3, p. 176, by ,Judge [now retired .Jus tict:l l Jorge R. Coquia .1
With t he new technology, the exploita tion of seabed mineral r eso ur·c e:-; particularly manga·
n esc, nickel and copper, "<Hl increase the export potentials and hasten th e indust.rial develop·
ment of the Philippines.
1' Among th e beMfits the P hili ppi nes would derive fro m the convent ion are:

( 1) Ownershi p of the Phi lippi nes over all the m iner a ls , oil unci livi ng resources in t he
waters an d the s eabed and su bsoil of th e archipelago, th e 200-mile l! xcl u sive economic zon e
ar ound the isl ands, a nd the con t inental shelf even hey.md 200 miles fr om tht- shore;
(2 ) Increase in the wat ers u nde r Philippine jurisdi ction in ch1ding t h E:- exclusive eco·
no mic zone, by more than 93 m illion h ectares;
(3) Recognition in internat ional law of the archipelago principle which the Philippines
h as been advocating since 1956; and
( 4 ) Acceptance of the PhilippineiS by the international community a!; a single political,
economic and geographical unit with no intcrnati9nal waters bet ween the diflerent islands.
(Acco rd ing to forme1· Senator 111H.l A!:l.semblyma n ·Arturo M . T,llf!u l i n o , Philippine Daily
Express, Feb. 28, 1984.)
 Article II
DECLARATION OF PRINCIPLES AND
STATE POLICIES
PRINCIPLES

SECTION 1. The Philippines is a democratic and re publican

State . Sovereignty resides in the people and all government
au thority eman ate s from them.

The Philippines, a democratic

and republican state.
T h e above declar a t ion is a r e-st atement (see P re am ble) of the demo-
cra tic charact er of our government.
A republican government is a democratic government b y r epresenta-
tives chosen by the people at large. The essence, therefore, of a r epublican
state is indirect ru le. T he people h ave est ablished the gove rnment to
g(lvern th em selves. Its officers from th e high est to t he lowest are ser vants
of the people and not their masters. They can only exercise the powers
delegated to them by the people who remain as the ultimate sour ce of
political power and authority.
S ection 1 adds th e word "democratic" because th e govern ment, whi le
essent ially a republican democr acy , em bodies some features of a pure
democr acy such a s t he initiative and referend u m. (see Art. VI, Ser. 32.j

Manifestations of a democratic
and republican state.
Th e manifestations of a democratic and republican st a te a r e :
( 1) The existence of a hill of rights (Art. II I. J;
(2) Th e observance of the rule of the majority ilntrodu ction-E. );
(3) The obser vance of t he principle t hat our s is a government of laws,
and not of men (Ibid.);
(4) The p1·esence of elections thr ough popular will (Art. V.);

44
 _f-
-s
Sec. 1 ART. IT. - DECLARATION OF PRI::-.l'ClPLES
AND STATE POLICIES
. ,~
Pri!lciples
y
t5) The observance of the pr inciple of separation of powers and the ;
system of ch ecks and balances (see Art. VI, Sec. 1.); _;;-
16) The observance of the principle that the legislature cannot pass c:
irrepealable laws (sec Art . VI, Sec. 26.); ~
(7) The obser vance of the law on public officers (Ar t. XI. ); and ,.. ~
(8) The observance of the principle that the State cannot be sued .?
without its consent. (Art. XVI, Sec. 3.) ~

Sovereignty of the people.

Sovereignty 1mplies the supreme authority to govern. As the State in
whom sovereignty resides, the Filipino people have th e right to con stitute
their own government, to change it , and t o define its j urisdiction and
powers.
(1) Exercised indirectly through public officials. - But the people do
not govern themselves directly. Sovereignty (i.e., making laws, en forcing
t he same, and deciding cases involving life, liberty, and property) is exer-
cised through duly elected and appointed public officials who, as public
servants, a re accountable to t he people. (Art. XI , Sec. 1.) Their a ct s, if
within the scope of their delegated powers, a r e, in effect, the acts of the
P ~ P ~- I
(2) Exercised directly through suffrage. - Actual sovereignty is exer-
cised by t h e people through the electoral process. 1 The popular will is best
expressed when electoral processes are free , clean a nd honest, on the basi s
of universal suffrage (i.e., not granted by status or property) and thr0'.1gh
secret vote. It is also imperative that the broadest choice of representatives
is available t o the people. Since we a re a r epresentative democracy, the
free and true expression of the people's sovereignty is of ~:,r eat importan ce. ~

Right of the people to revolt.

Section 1 above recognizes that the people, as t he ultimate judges of
their destiny, can r esort to revolution as a matter of right.
A provision in the Cons titution expressly recognizing the people's right
t6 r evolt against an oppr essive or tyrannical government is not necessary
and proper.
( 1 ) Being an inherent right, it exists whether or not such right is
embodied in the Constitution and , regardless of t he Cons titution, a people
will revolt if s ufficiently provoked by oppression or abuses.

'The will or consent of tho people is exp ressed by way of elect ion, plebiscite, initiative.
referendum, and recall l,..ee Art . V, Sec. 1.) an d through publir opinion which t hey exert on
those who gvvc rn on their behalf, particularly the elective officials.
2 Democracy cannot do witho ut elections which are the means by whi ch the people ll l'e
able to boot out corrupt an d incompetent offociub. But because the proce11s is not perfect.,
election s st ill yield officials who are unworthy of the people's mandate.
46 TEXTBOOK ON ·rHE PHILIPPINE CONST ITUT ION Sec. 2

(2 ) A constitution in a democratic State enshrines the rule of law and,

therefore, any allusion to the right of violent or armed revolution (which
connotes an act committed beyond the framework of the rule oflaw) would
be inconsistent with the concept of a Constitution.
(3) It would also not speak well of the political stability of the State,
because such a provision connotes that there is a distinct possibility that
the time may come when the people have to revolt against tyranny.
(4 ) In any case, in a democratic society where t he consent of the
governed is rc-!gularly expressed through open debates and free elections ,
"prudence, indeed, will dictate that Governments long established should
not be changed [through revolution1 for light and transient causes. ";i

SEC. 2. The Philippines t·enounces war as an instrument of

national policy, adopts the generally accepted principles of
international law as part of the law of the land and a dheres to the
policy of peace, equality, justice, freedom , coop eration, and
a mity with all nations.

Renunciation of war as an Instrument

of national policy.
This is the first aspect of the above declaration. It is in accordance with
the principle in the United Nations Charter binding a ll members to "re-
frain in their internationa l relations from the threat or use of force against
the territorial integrity or political independence of any state. x x x." The
declaration refers only to the renunciation by the Philippines of aggressive
'Var, not war in defen8e of her national honor and integrity. Men and
n ations cannot. waive in advance the basic right of self-preservation.
Under Article VI, Section 23(1) of t he Constitution, Congress wit h t he
concurrence of two-thirds of a ll its members, voting separately , may de-
clare the existence of a state of war.

Adoption of the generally accepted principles

of international law as part of our law.
This second portion of the declaration binds the Philippines to enforce
or observe within its jurisdiction, generally accepted princi ples of interna-
tional law, whether customary or by treaty provision, as part of the law of
the land. Tnternationallaw refers to the body of rules and principles which
governs t he relntions of nations and their re5pecti\·e peoples in their
intercourse with one another.
(1 ) When inienwtional usage to be applied. - International usages or
the customs of t.•ivilized nations are given effect by our courts in the
absence of any treaty, executive order, legislative act, or judicial decision.

The American Declaration of Independence (July 4, 1976).

:1
Sec. 3 ART. II. - DECLARATION OF PRINCl PU ":S 47
AN D STATE POLICIER
Pri nciples

An example of a principle established by international u sage is that fishing

· boats belonging to an enemy a r e not subject to seizure in time of war. 1
(2 ) A treaty has force of a statute. -The Constitution gives a treaty the
same weight and value as a statute of Congress. In case of a conflict
between a treaty and a statute, the prior act is supe rseded by the later one
in point of time. When a treaty is superseded by a subsequent statute of
Congress, the treaty is repe aled or a brogated as part of the law of the land
but it still subsists as an engagement of the Philippines , although it may
n ot be enforceable by our courts. The other S t ate may only present its
compla int to the political orga n s ( i .e., t he President and Congress) of our
government. 2
( 3 ) Constitution prevails over a treaty. - The phrase "law of the na-
tion''.in the 1935 Constitution was changed to "law of the land" in the 1973
Constitution in order to avoid any conjecture that the generally accepted
principles of international law are incorporated into Philippine htw with
the force of constitutional provisions.'} The change is retained in the new
Constitution. Thus, should a conflict arise between the Constitution and a
treaty, the former prevails .

Adherence to the policy of peace, etc.,

with all nations.
This third aspect is a corolla ry to the foregoing portions of the above
declaration of principle. It s hows a positive attitude on the part of the
Philippines toward the observance of the principles of the United Nations
Ch arter and to universally accepted rules and principles of international
law.
In line with the objectives of the United Nations, the Philippines seeks
only peace and friendship with her neighbors and a ll countries of the
world , regardles s of race, cr el?.d, ideology and political system, on the basis
of mutual trus t , respect, a nd cooperation. It suppor ts the right of a ll
nations, big and small, to equality, freedom, and justice in their relations
with one another and the policy of non-interference a nd peaceful settle-
me nt of international disputes and opposes the use of force , or the threat of
force, in the relations among nations.
The Constitution does not imply. however, that the Phi lippines is duty
bound to extend diplom atic r ecognition to all nations. (see Sec. 7. )

SEC. 3. Civilian authority is, at all times, supreme over the

milit ary. The Armed Forces ofthe Philippines is the protector of
the people and the State. Its goal is to secure t h e sovereignty of
the State and the integrity of the national t erritory.

'Tho Paquete Habana, 17fi U.S. 677.

~ se V.G. Sinco, op. cit. , p. 293.
JHl70 U.P. Law Center Cons titutio nal Revision Project, p. 20.
48 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 3

Supremacy of civilian authority

over the military.
(1) Inherent in a republican system. - The idea of the supremacy of
civilian authority, the highest of such authority being the President, over
the military has always been recognized in our jurisdiction by implication
from e xpress provisions of the 1935 Constitution and by practice. This
deeply rooted pqlitical tradition is also inherent in a republican system of
government. Nonetheless, the 1971 Constitutional Convention and the
1986 Constitutional Commission have incl uded t h e above provision as they
felt the need for a clear expression in the Charter concerning the su-
premacy of the civilian authority over the military at all times, particularly
during periods of martial law or suspension of the privilege of the writ of
habeas corpus. (see Art. III, Sec. 15; Art. VII, Sec. 18.) Even in war, the
armed forces is subordinate to civilian authority.
(2) A safeguard against military dictatorship. - A civilian, the Presi-
dent is the commander-i n-chief of all armed force s of the Philippines (I bid.)
-the army, the navy, the air force, the constabulary, and t he marines .1 As
commander-in-chief, h e issues orders to the armed forces. Even the a p-
point ment of their high-ranking officers is vested in the President wi th the
consent of the Commission on Appointments of Congress (Ibid., Sec. 16.)
Along with Congress, the President determines the military budget and
defines the national policy on defense and security.
This arrangement is considered an important safeguard against th ~
rise of military dictatorship.

Armed Forces of the Philippines, protector

of the people and the State.
(1) Fearsome image acquired during martial rule. - Under a previous
regime, particularly during the early part of martial law, the Armed Forces
of the Philippines (AFP), 2 acquired a fearsome image. This was a contribu-
tory factor to the failure of the government to contain the growing insur -
gency problem. Rightly or wrongly, it had been accused of having commit-
ted, abetted, or tolerated numerous violations of human rights both against
r ebels and the civilian population. Among the cases reported are unex-
plained or forced disappearance, extrajudicial kill ings (salvaging), massa-
cres, tortures, haml etting, and food blockades .
Many believed that the military organization was being used as an
instrument to prop up the continued stay in office· of the then incumbent

1
The Philippine National Police (PNPj (Art. XVI, Sec. 6.l is under the Department of
Interior and Local Government which, in turn, is under the control of the President as
administra tive head of the executive department. tArt. VII, Sec. 17.)
2
It was change1 hy the organization itself and was called for sometime as the New
Armed Forces of the Philippines ( NAFP) to shed ofT its former imag ~ during the martial law
regime a nd indicate its new r(lle under the new dispensatio n.
Sec. 4 ART. II. - DECLARATION OF PRINCIPLES 49
AND STATE POLICIES
Principles

President who a t the time of his overthrow in a peaceful revolution on

February 25, 1986 had held power for more than 20 years. This perception
was st rengthened by the lion's share given to the defense establishment in
the annual budgd and the appointment to sensitive positions in the armed
forces, of generals known for their personal loyalty to the President and the
repeated extension of their tour of duty. Many of these generals allegedly
enriched themselves while in the service but the government remained
silent on their cases although they were a matter of public knowledge.
(2) Constitutional mandates. - The ConstitutiQn s eeks to change this
state of affairs:
(a) Through Section 3 above, it defines clearly the function of the
Armed Forces of the Philippines (AFP) and its goal in the discharge of
this function. It shall be the protector of the people and the State to
secure the sovereignty of the State and the integrity of the national
territory. This means fighting all forces, internal or external; which
seek to overthrow the government, impair t he independence of the
nation, or dismember any portion of its territory.
(b l Through another provision (s ee Art. XVI , Sec. 5.), t he Constitu -
tion insures professionalism in the armed forces and insulates it from
partisan politics. Furthermore, it directs th e State to "str engthen the
patriotic spirit and nationalist consciousness of the military, and re-
spect for people's rights in the performance of their duty."
(3) Support of the people. - Adherence to these constitutional man-
dates is essential if the AFP is to win "the hearts and minds" of the people
in the efforts to resolve the long-drawn insurgency problem and fulfill its
crucial task as an effective guardian of the nation's safe ty against any
threat to its existence, whether from within or from without. The strength
of t he armed forces, indeed, of our nation, sterns from the people.

SEC. 4. The prime duty of the Government is to serve and

protect tile people. The Government may call upon the people to
d efend the State and, in the fulfillment thereof, all citizens may
be required, under conditions provided by law, to render per·
sonal military or civil service.

Prime duty of the Government.

Section 4 enunciates the first and foremost duty of the Government--
to serve and protect the"people. In our contempor a ry set ting, when the
country is beset by formidable social and economic problem/ all dellfanding
pri9rity attention, part icularly the problems of.lfiass pov~ry andfinassive
¥employment, the above principle is most proper and timely . It is consist-
ent with the most basic democratic tenet that the government exists for the
people and not the people for the government. The State fulfills this prime
duty by pursuing and implementing the State Policies mandated by the
Constitution in Sections 7 to 28.
1)0 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec.4

In both the 1935 and 1973 Constitutions, "the defense of the State is
the prime duty of the Government x x x." This concept is considered
anachronistic. It was taken f1·om the Constitution of the Spanish Republic. 1

Defense of the State by the people

against foreign aggression.
While the defense of the State is no longer the prime duty of the
government, it may call upon the people to defend the State. (Sec. 4.)
For self-preservation and to defend its territorial honor and integrity,
the Philippines can engage in a defensive war. In recognition of this fact,
the Constitution has provided for the above principle. The defense of the
State is one of the duties of a citizen.
The term "people" may also include aliens since they are likewise
subject to regulations adopted by the government for the defense of the
State.
The constitutional provision covers both time of peace and time of war.

Military and civil service by the people.

(1) Defense of State performed through an army. - The duty of the
government and the people to defend the State cannot be performed except
through an army. To leave the organization of an army to the will of the
citizens would be to make this duty excusable should there be no sufficient
men who volunteer to enlist therein. 2 This principle is reinforced by the
provision on the formation of a citizen armed force. (see Art. XVI, Sec. 4.)
(2) Compulsory. - Thus, the citizens may be compelled to render
personal military, or civil service. Accordingly, the Supreme Court upheld
in a case the validity of the National Defense Act requiring compulsory

1
~The Spanish republican government at least had no reason to insist on it:; order of
priority that the first responsibility of the government and the people is to sh,Yulder arms to
defend the State. At that time, war·making was the favorite sportt:. in the We:<tern World
and, worse for the Spaniards, their coloni<ls all over the world were being co,·eted and
invaded by other world powers. Thus, they had to ~tre!'\S the principle that it was the primary
obligation of the government, home and colonial, and the people in them. to defend the State
and their colonies through compulsory military and civil service.
In carelessly adopting this theory in our Collstitution, we emhrace anachronism thnt
adds insult to injury. To enunciate that its prime duty is to defend the State and thus eompci
every citizen to be a soldier is to make the building of a· larger armed forces as the
government's overriding obligation. In that sense, it gives Ihl.' military a primordial position
in the political hierarchy, a role wider and more important than a democratic constitution
would allow it. The lopsided view of the primary duty of the government has its perils.
Mr. Marcos and many dictators, both in Spain and Spani!'\h territories, took villainous
advantage of the declar(-ld constitutional principle. To justify their military regime!'\, Mr.
Marcos and the military juntas in South America invoked the constitutional precept that th~
first duty of the government is to defend the State and beef up the military." ("The Anachro-
nism in the Constitution" by Com. Napoleon G. Rama, Manila Bulletin, Sept., 198ft)
2 Peoplt> vs. Lagman, 66 Phil. 13.
Sees. 5-6 ART. II. - DECLAHA'flO!\ OF PRINCJPLBS 51
AND STATE POLICIES
Pri nci p l e~

military Bervice. 3 Any citizen recruited for the army or civil ser vice pursu-
ant to law for the defense of the State may not refuse on the ground tha: to
go to war is against his r eligion. The constitutional provision 1·emoves all
dm1bt as to the validity of such law.
(3) Meaning of ciuil service. - The term, as used above, refers to any
service for the defense of the State other than as soldiers, like as workers in
munition factories.
~ 4 ) Personal. - One cannot render the service required through an-
other. 'l'he service must be "per sonal."
(5) By law . - The phr a~e "under conditions provided by law" is in-
tended to prevent arbitr?.!'iness on the part of certain officials to require
military or civil service. 4 It seek s to emphasize the primordial responsibil-
ity of the Government "to serve and protect the people'' even when they are
called upon "to defend the State.'' ·

SEC. 5. The maintenan ce of peace and order, th e protection

of life, liberty, and prope rty, a nd the promotion of the general
welfare are essential for t h e enjoyment by all the people of the
blessings of democ racy.

Maintenonce of peace and order, etc.

The State (Government) shall pursue the maintenance of peace and
order (see Art. XVI, Sec. 6. ), the protection of life, liberty a nd property (see
Art. fii , Sec. 1.), and the promotion of the genera l welfa re or the common
good.
Only when peace and order, security, and a life of dignity (see Sec. 11.)
are established and maintained, will political stabih ty and economic pros-
perity become attainable and t he people t ruly enjoy t h e "blessings of
independence and democracy." (see Preamble. )

SEC. s:The separation of Church and State shall be inviola-

ble.

'1C. A. 1\Jo. 1.
'Pre~id ntial Decree No. 170() !Aug. 8, 1980), otl)erwise known as uThc National Service
Law,'' provides for compu]t<;c>ry "national service" for all citizens of the Philippines which, a;; used
ir, th e Decree, "shall con;;ist of three (31 main programs, namely: civil weltiue service, law
enfnrcem!.'nl. .service, and military l.>er vice." Each citiY.tm shall rcndor the service in any of the
p r ogram!~ or a combination thcrerof and t;uch senicc shall be 1.:redited in h is favor for the purpose
of fulfilling educational requirem<:nt!l established by law. The De re ~ amended C.A. No. 1.
In view of widespread protests which h ave been registered by various sectorR, its implemen·
tativn was suspended by Memorandum Order No. 11 of the P resident at all schoolleveis effective
school .vear 1986-1987, except. the provisions on military service. The Secretary of Education,
Cult.urc a nd Sports inow Sccretnry of Educationl is directed to review the law and submit
r t>commendation,:;.
Su bsequently, RA. No. 7077 (,Tunc 27, 19911, the ucitizcn Armed Forces of the Philip-
pine:; Resen· ist Act,'' was enacted . R.A. No. 916:1 (::;ee note 1 to Sec. 13.1 ame nded Sections 2
and a of Presidential Dcr ~o No. l 706 ;ind Sections :JH and 39 of R.A. No. 7077.
 TEXTBOOK t)!\' THE PHILIPPINE CO:-;"STITUTION Sec. 6

Principle of separation of the church

and State.
The principle of the SE>para tion of Church and State being inviolable
(i.e., secured or protected from violation) is implied from the constitutional
prohibitions that "no law shall be made respecting an establishment of
religion" (Art. III, Sec. 5.1 and that "no public money or property shall ever
be appropriated, applied, paid, or employed, directly or indirectly, for the
use, benefit , or s upport of any sed, church, denomination, sectarian insti-
tution or system of n~ligo.' (Art. VI , Sec. 29l21.) Settion 6 merely affirms
this old constitutional principle.
The principle simply mean s that the church is not to interfere in purely
political matters or temporal aspects of man's life and the State, in purely
matters of r elig ion and morals. which are the exclusive concerns of the
other. 1 The demarcation line C'alls on the two institutions to "render unto
Ceasar the t hings that are Ceasar's and unto God the things t hat are
God's." Thi s is not as simple as it appears for the exact di vidir.g line
between t he r espective domains or jurisdict ions of the Church and t he
St~e has always been the subject matter of much disagreement.2
The term "church," as us~ d in the Constitution, coYers all faiths .

Meaning of "establishment of religion

clause.''
The ph•·ase "no law respecting an establishment of religion " h as been
referred to a s the "establishment of religion clau se."3 In the words of

'Durin~ th e Sp11 nish !·egimf!. not only wa;; there no !>cpflrlltion of church and State, but
the church arrogated unt u its;>lf powr:rs that properly be longed to the Sll:lte. Th~ church
tolerated, and l t ) 80m!c' extent. perc tun~ d the abuses of the coloni al regi m e . The original
ra ~ io nale behi nd the separa tion was t h<! grow ing power of religio us autho ri t ies who im pot<ed
thf!i r doctrillf!l! and r ulcs on tlwir f'•Jili)WI: r::: t o tht' extent of encroaching in to the politi cal or
~ '" -:ul ar real m. •
2
F or cxmnple. a church may concern it.sf:'lf with a secul11r acti\'ity !e.g.. politics, violation
of human righ ts. gTH ft and corruption. arti fi(:ial birth coot ro ll which it hc:liev e ~ is conducted
or is in contraven t,ion of tlw law of God an d the commo n good and an.· inconsiste nt with
christian valu ~l:\ 1:mcl principles. The Catholic Church. in piHticular. sees the r en ewal of the
temporal order >H;(·ording to th e gos p e l a!! falli ng with in its di ,·i ne missio n.
In con nection wi t.h the Day of Prayt?r fo r the Nation held on September 2 1, 1999
i11it.iated by the Cath olic Church, t h e Archh i;;h"P of ~1 an il a issued a circular giving th e main
r<:a:;ons why t.he chur ch ha~; a m ission in poi itic;;. as follo w:;.: 'First. because politics has a
mor:-11 dimension. Politic;; if\ a human activity. It may hurt o r l:>E'nefit people; Second, because
tht· (;u;,pd and l.he Kingdnrn nfGod ca lth~ Church to politi('al im·o l\'t:?ment. To prodai m the
go>-p<;l for all • ~rta l ion neccs;;arily incl udes llvangelizing th e political world; Third, because
the m is;;ion nf t.h1; Church of integral ~;a lvation invol t-~ the political sphe re. Meaning,
salvation in vo l ve~ th e tntal pE>n;on, so ul a nd body, spiritual a nd temporal; Fourth, because
the ii<!l vatinn or lht' h uman j)f:'T:SOI1 is from pe r;;onal and social sins. In t he political field,
:;,)ciA] :sins unfnrwna t.ely abound.
l'f'ht- provi;;inn was contained in clau;;e <7 J. Sectio n 1 of Article Ill {Bill of Right s) of the
19:t'i Constitutinn. Jt. i;: now cmbndied in Sf:'rtion 5, Art ide III in the 1987 ConF;titntion as a
s c'!Hlrat(• provil"inn.
Sec. 6 ART. II. - DECLARATION OF PR£NCIPI.ES 53
AND STATE POLIC IES
Pri n ciples

Thomas Jefferson, using a metaphor, this clause was intended to erect "a
wall of separation between the Church and the Sta e . "~ And it means that:

( l.) The State r;hall have no official religion;

(2> The State cannot set up a church, whether or not su pported with
public funds; nor aid one religion, aid all religions (see Art. VI, Sec. 29[2].),
or prefer one religion over another;
(3) Every person is free to prClfess belief or disbelief in any religion;
(4) Every religiou s minister is free to prad.ice his call ing; and
(5) The State cannot puni sh a person for entertaining or professing
r eligiou s beliefs or disbeliefs. G

No hostility towards religion.

The command that Church a nd State be separate is not to be interpreted
to mean hostility to religion. In so far as religion instills into the minds the
purest principles of morality, its influence is deeply felt and highly appreci-
ated.G As a matter of fact, the Preamble of the Constitution starts with these
words: "We, the sovereign Filipino people, imploring the aid of Almighty God .
. ." Wit.b these words, the Filipino people "manifested their intense religious
nature and placed unfaltering reliance upon him who guides the destinies of
men a nd nations.""'
Furthermore:
( 1) Our Constitution and laws exempt from taxation, properties de-
voted exclusively to religious purposes (Art. VI, Sec. 28[3.1.);
(2) The use of public money or property is not prohibited when a priest,
preacher or dignitary as such is assigned to the armed forces, or to any penal
institution or government orphanage or leprosarium (Art. VI , Sec. 29[2]. );
(3) Optional religious instruction in public elementary and high schools
is by constitutional mandate a llowed (Art. XIV, Sec. 3[3.1.);
(4) Thursday and Friday of Holy Week, Christmas Day and Sundays
are made legal holidays8 because of the secular idea that their observance
is conducive to beneficial moral results; and

•Everson vs. Board of F.ducHtion, 330 U.S. 1.

6 Soc Ibid. There is nothing in th e Constitution prohibiting the ch urch from expressing

its views or stand on public i&sl•'e s.

sAglipay vs. Ruh. 64 Phil. 201.
' lhid. .
' Executive Order No. zrn {J une 30, 1987 ! list,:; Ma nndy Thursday and Good Friday
(movnhlc date) as rcgulllr holidays l:lnd All Saints' Day INov. 1) and Chdstmn" Day !Dec. 25) a.c;
nationwide ilpecial holidays. isee Adm. Code of 19H7 [~;xec. Order No. 2921. Book I, Sec. 26.)
Proclamntion No. 192a (Oct. 27, 1979J established the annual celebration ofl\:ntional Bible Week
and National Rihln Sunday. Procla mations No. i"ifi !Nov. 21. 1986J and 1\o. 1067 !Aug. 26, 1997)
call forth~ oh;t~rvance ofN11tional BiOle Week on the lnst week of J anua ry each year with the l<~t!
Sunday a:o Bihk Sunchty. Proclama tion No. 1067 calls for "natiom1l a ttention to be focused on the
imporiM•ce of reading and .studying thc Bible in molding the !:lpiri t.tJtll. mora l. und social fiber of
54 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 7

(5) The la w punishes polygamy and bigamy, and certain crimes against
religious wors hip are considered crimes against the fundament al laws of
the State. 9
With in the limits prescribed by the principl e of separation of Church
and State, th ese two great entities could work together in harmony to serve
the welfare of the people. HI

STATE POLICIES

SEC. 7. The State shall p ursue an independe nt foreign policy.

In its relations with other states the p aramount consideration
shall b e national sovereigntyJ territorial integrity, national
interest, a nd the right to self-determination.

Foreign policy of the Philippines.

Foreign p olicy is the basic direction underlyi ng the conduct by a St ate
of its affairs uis-a -vis those of other States. It is a set of guidelines followed
by a government of a country in order to promote its nationa l interest
through the conduct of its relations with other countries.
Under our constitutional system. Congress shares with the President
the responsibility of formulating the country's foreign policy alt hough the
conduct lhereofis primarily r eposed in the executive depart ment. (see Art.
Vll, Sec. 22.) The President formulates our for eign policy principa lly with
the help of the Department of Foreign Affairs.
(1) An instrument of domestic policy. - I ts importance in the survival
and progress of a country cannot be over-emphasized. It is the sole weapon
of a State fo r the promotion of national interest in internati ona l affairs.
Thus, fore ign policy is but a r eflection and a n ins trument of domes tic
policy, t he former being related t,o and dict ated by the la tter. They are not
only mutually consistent but complementary .1

the nation." Proclamation No. 498 1Nov. 26, 2003; dedares Novi:" mber 26. 2003, the end of
Ramadhan, as n s pecial non-workin g day throughout th e cou ntry f Feast of Ra madhan}. R.A.
No. 9177 tNov. 13, 2002) declares th e first day of shal(·u·al. t he 10th month of th e Islamic
calendar, a national ho lida y for the observance of E idul Fitr. and the lOth day of Zhul Hijja ,
th e 12th month of Islamic calendar, a r egiona l holiday in the Aut onomous Region in Muslim
Mindanao <ARMMl for the observa nce of Eid ul A dha .
"See Revised Penal Code, Art ~> . 132-133; see Aglip a~· Y.i> . Ruiz. 64 Phil. 20 1.
11
'ln a speech before the Manila Rotarians on July 24 , 1979, Jaime Cardinal Sin said:
"The Church and tho State are two e ntities that play an importa nt role in our life. Let us
keep them separate hy all means hut let us not interpre t se paration as segregation. Let us
believe th<tt th ey can work hand in ha nd, separate but parallel like the two tracks on the
r ailroad lea ding to the same desti n <•tion."
1
Philippine foreign policy h as al l too often been perceiYed w h ave little or no bearing at
a ll to the ordina ry l<'ilipino in his daily s truggle for existence. It. need not be deta ched or
removed from the people it endeavor s to serve.
~ ( !C. 7 ART. H.-- DI ~C LART IO:-\ OF PRf~ C il'LES 55
AND STATE POLICIES
St ate I' oli cie~

(2) Pursuit of an independent foreign policy. - The Constitution man-

dates the State to pursue an independent foreign policy, aware of the
unwelcome conseque nces of a poli cy characterized by excessive dependence
on a nother country .~

An independent foreign po~il. ') simply means one that is not subordi-
nate or subject t o nor dependent upon the support of another governmt'nt.
It is not one that completely rejects advice or assistance from without.
Neither does it mean abandoning traditiona.I allies or being isolated fro"Ql
the international community. To be realistic, a foreign policy must have a
global outlook in view of the delf:'t.erious effect on the country's relations
with other countries of a foreign poli cy that revolves only on our r elations
with s elect members of the interna tional community. Being a small devel-
oping nation, we must make no enemy if we <.:an make a friend.
In general, our basic f01·eign policy objective is to establish friendly
relations with all coun tries of the world regardless of race, religion , ·ideol-
ogy and social sys te m and to promote as much beneficial relations with
them particularl y in economie and trade activities.
(3} .Param oun t consideration. - - The Constit ut ion r ecognizes t hat in
the pursuit of an independent foreign policy in an interdependent world,
new realities and new situations may require the Philippines to m ake a
reapprail'lal of the conduct of its foreign relation s . Indt~pec in the
making and conduct of foreign policy is relative. The national inte:·est will
not be served by trying to deal with regional and international issues in
absolute terms. Ours must be a policy of flcxibili ty a nd pragmatis m guided
only by the welfare of our people a nd the security of our Republic.

The framing of a fo reign policy is shaped by how interests n rc idc ntif~·J and det ermined
a t a ny given moment. Philippine int.eres t!:l h ave- vnriel11n ~c o p ~ and magnitude thro ugh the
ycn rs bN:i.\use of our ch a nging- wncerns and partly het"ause th e world hii;; continued to sh rink
int o a n infinitely com plex web of interdepen dence «nct interc<mn ecti vit.y.
To be of t r u ly of sc r v i c ~ to t.b e Filipino, foreign p olicy n ocds t o ad va11ce t h e cv u~t t . ry ' s
in t ere.'>ts and ultima tely, benefit. the F ilipino poople. An informed citizenry wi ll t hus r ea l i z~
w hy fc•reign poli<'y and diplo macy have to be invol ved in the w11r against the proliftlr a t ion of
n u clear ~tnd other wea pons C)f mass des tructior.; again1<t M \ r \:( otic ~ and ot.her pr,•hihit.ed
s u h ~; tane;s ; against tr:rrorist':l, human t r a ffickers. and smOJg g l e r~; against child lahor and
wonw n exploit11tion; a nd other tran':lnationa l <~rime;. The p<•ople will then undl!rsta nd and
a pprcciatP. why we h a ve to by the basis for a la1;ting solut.iloJl to conflicting c!aims in the
South Chinil s~a; why we need a regional co unter-terrorism a grt>ement; why we s to. nd fa~t on
our fa ir trad e commit ments; why we strengt hen bilatera l rc ~ l a ti ons in order t o open wor ld
mark ets for Ph ilipp ine products, promote irwe:>tments and tour;sm , a nd ta p o>our..:es for
official rl<welopme nt assistance; .a nd above a ll, why we do Tl\lt lea ve a stone untu m .:!d to
cn~; ure the ;;1:1fP.ty and prot.1:ction of onr m illions of overscaft work er s .
In a nutshell, we pursue a foreign policy that will pte.~ e t · v., . and enhance our national
intcrc,;ts and protl:'ct a nd promote the right!'< and welfare flf l'\'ery citizen. (soc A l-'<.1 reign
Policy in the Servic<' of the Filipino, by Delia D. Albert, St>rretary of ForP.ign Affairs,
P a norama, .June 10, 2004, pp. 8, 26.1
~ By way of illust ration, the domestic policy of our count ry a fte r becoming independent in
1946 wa.'> to r econs t.ru ct th e economy r avaf::cd by World Wa r II for wh ich the P h il i p i n e ~
needed foreign aid rea di ly a vailab le from t h o U.S. As a r c!lult. t.he foreign pCJlicy of t h e
count ry was l o a lign itself with the U.S . on many international issu os.
56 TF.XTBOOK ON THE PHILIPPINE CONSTITUTION Sees. 8-9

In its relations with other states, the paramount consideration of the

Philippines shall be national sovereignty, territorial integrity, n ational
interest, an d the right to self-determ ination. (Sec. 7. )

SEC. 8. The Philippines, consistent with the national inte r-

est, adopts and pursue s a policy of freedom from nuclear weap·
ons in its territory.

Freedom from nuclear weapons policy.

The intent of Section 8 is to forbid the making, storing, manufacture or
t esting in our country of nuclear we apons, devices or parts thereof as well
as the use of our territory as dumping site for radioactive wastes and the
transit within our territor y of ships or planes with nuclear weapons. It does
not, however, prohibit the use of nuclear energy for medicine, agriculture,
and other peaceful or beneficial purposes. Congress will have to provide the
mechanics to effectively implement Section 8.
(1) As subject to exception. - The records of the Const itutional Com-
mission1 support the position that Section 8 does not absolutely ba n nu-
clear we-apons fr om Philippine territory. The phra s~ "consistent with the
national interest," may reasonably be interpreted to mean "subject to
national interest." In other words, if the n a tional interest so dictates, the
storing of nuclear weapons in our territory may be permitted at least on a
transitory basis, considering that it wa s not prohibited under the then
existing mi litary bases agreement with the United States whose va lidity
a nd term of effectivity until 1991 are implicitly recognized by the Constitu-
tion. (see Art. XVIH , Sec. 25. )
(2) As an absolute ban. - The phraseology, however, of Section 8 may
be unders tood as providi ng no qualification, exception, or condition if the
phrase "consistent with national interest" is taken as the reason for the
poli~ y, that is, the Philippines "adopts and pursues'' the policy because it is
consistent with national interest. The Constitution itself bans nuclear
weapons as a policy and precisely emphas izes t hat such policy is Mconsist-
ent with the n ational int ers t.' ~

SEC. 9. The State shall promote a just and dynamic social

order that will ensure the prosperity and independence of the
nation and free the p eople from pove rty through policies that
provide adequate social services, promote full employment,
a rising standard of living, and an improved quality of life for
all.

!Vol. IV. St!pt. HJ, 1!186, p. SlB.

1Senaror Arturo M. Tol+mtino, Manila Bull etin, July 28, l!:H\8, p. 7.
Se~: ;. 10-11 ART. II. - · OF.CLAJ:{ATION OF P RINCIPLES 57
AND STATE POLICIES
St.'llt! Policies

Just and dynamic social order.

(1) Policies necessary to be pun~ecl. - The State shall promote a just and
dynamic social order. This is accomplished through policies that provide ad-
equate social services (in the fie ld of health, education, housing, etc.), promote
full employment (see Art. XII, Sec. 1, par. 2; Art. XIII, Sec. 3, pa1· 1.), a rising
standa rd of living, and an improved quality oflife for all. (]bid., Sec. 1.)
(2) Soluing the problem of mass poverty. - The Preamble calls for the
"establishment of a just and h umane society." Such a society must insure
th e prosper ity and independP.nce of the nation and fr ee the underprivileged
and th e marginalized sectors of our popu lation from poverty. The goal is to
reduce t he political and economic power of a privileged few by equalizing
widely differing standards and opportuniti!:!S for advancement and to raise
the mas ~ ~ s of our people from their poverty to a qualitative life worthy of
hum an dignity.
With the eradication of mass poverty, the State solves a t the same time
a chain of 'Social problem s that comes with it: social unrest, breakdown of
family syste ms, diseases, ignorance, criminality, and low productivity.t

SEC. 10. The State sh a ll promote social justice in all phases

of national development.

Social justice.
This policy mandates the State to promote social jus tice in all phasei:' of
n ational d~velopmnt. In the fu lfillment of this duty, th ~ S tate must give
prefere ntial attention to the welfare of the less fortunate members of the
community- the poor, the underprivileged, those who h ave less in life .
It i!-1 discussed full y under Article XIII (Social Jus tice and H uman
.Rights).

SEC. 11. The State values the dignity of every human person
and guarantees full r espect for human rights.

Human dignity and human rights.

In a democratic state, the individual enjoys certain righ t" \\·hich cannot
be modified or taken away by the lawmaking body. Thc::e> rights are recog-

'!'over t.y h as alwy~ been an issue in our cou ntry . .\bn,· con~idt-r it as the root cause of
oth er problems the people are fa cin~ whh. La test sun·~, . , h:; t h ~> :\ationai Sta tistics Office
iN SOJ show that the country's wealth r"'main!:' ne•·(J:l~ di;.tributed as the richest fP.w
families continued to amass the lion's 11hare of the (·)L!mry ~ to t ;~ i income while '•he poor
earned only a fraction of the riche>:t lO'if. It wi;f ;;1 1:-;!) that Adam Sm ith, the father of
modern economics wrote: "No Sf)Cicty can S l!n:h· be t1 ···u :·ishmg and happy, of which by far the
gr.eat.e r part of the members a1·e poor anu miserahle.··
58 TEXTBOOK ON TH~ ~ P HILIPPI!\E CONSTlT UTION Sec. 12

nized or guaranteed because of t.hP. beli~f in the inherent dignity and worth
of every human person.
The value accorded to human dignity is measured b,y the exte.nt of
respect for human rights. In pursuit of this constitutional poli cy , it is the
duty of th e State to enact measures and develop programs that will pro-
mote human dignity and protect the people from any threat of violence or
use of force or deception for the purpose of exploitation. 1
This topic is discussed at length under Article III (Bill of Right.s) and
Article XII! (Social Justice a r..d Human Rights).

SEC. 12. The State r ecognizes the san ctity of family life and
shall p rotect and strengthen the family as a basic autonomous
social institution. It shall equaJly protect the life of the mother
and the life of the unborn ft·om conception. The natural and
primary right and duty of parents in the rearing of the youth for
civic efficie ncy and the d evelopment of moral character s hall
receive the support of the Government.

Strengthening the family as a basic

autonomous social institution.
The above declaration not onl,Y has given constitutional ba:sis to the family
as a basic autonomous social institution, but in addition, mandates the 3tate
to recognize the sacredness of famqy life and to strengthen the family. (see
Art. XV.) Under the provision, the government may not enact any law or
initiate measures that would break up or weak<m the family as a social unit, or
jn the guise of protecting the family, interfere in purely internal family
matters which do not involve the social ord~ or any public policy.
Our Civil Code lays down certain genera l principles which sustain the
r.olidarity of the famil y not or..Jy for the guidance of the courts a nd ad min is-
trative officials, but also for their wl:olesome inauence upon t he mem bers
of every family. 1

Right to life of the unborn from conception

and of the mother.
(1 ) Huma n lift is commonly believed. t.o begin from the moment of
conception when the fe male egg and the male sper_m merge at fe r tilization.

'The • Anti·'l'r!l flicking in Per >:~ons Act oi 2003'' 1 KA. :\1) . 920~. ~lay 26, 20~) penaliz~!s
trafficking in perl:'nm; especially wo men a nd chilrlr!Ht. Under the Ac•. "trafficking in person~"
rP.fers to the racruit ment, t.rnn;<;port.atiou , transfer, h arboring or receipt. of ptlrsons for the
puro~e of cxploitntion which indudes prostitution , forced labor or services, or t.hc rcmo"<.!l
or s ale of or gan s.

:Articles 2Hi-2:l2 t.htm:of; .>t~c .; \rt . ic lr ~:; 56-t)ll, 68, H9·15l, Family Code.
Sec. 12 ART. II . - DECLARATIO N OF PRINCIPLES 59
AND STATE POLICIES
State P olicies

F rom that moment, the unbor n child is considered a subject or a possessor

of human rights. He has a basic human right to life which the State i$
m a ndated to protect, along with infants and children. (Sec. 12.) In short,
once conceived, a child has a right to be born.
The provision protecting the unborn prevents the possibility of abortion
being legalized by futur e legislation . It manifes ts the Constitution's re-
spect for hum a n life .
(2 ) The S tat e has still a nother compelling i nterest aside from the r igh t
to life of the unborn- th e health of the mother whose life it shall equally
protect. (Ibid. ) The sacrifice of t he life of the unborn when medically
established as necessary to save th e life of the mother is not abortion.

Rearing of the youth for civic efficiency

and development of moral character.
( 1) A duty both of parents and governmen t. - T he com mon welfare of
society as well a s the good of the individual depends to a great exten t upon
t he pr oper e ducation a nd t r a ining of children. The youth of t od ay will oe
tomor row's cit izens. These cit izens will be a s they h ave been pr epared a n d
guide d in t heir youth. The governmen t, therefore, should equally share in
the i nherent right and duty of par en t s in the training of thei r children to be
good, useful, and worthy citizens by giving them support t o prepare their
children for future positions of r esponsibility and leade rsh ip. 2
(2) Rig ht of State to interfere w ith educo.tion of children. - The above
provis ion must not, however, be int erpreted to mean thai , as in a totalitar-
ian State , t he children wi ll be consi der ed the p ro perty of the State. So. t he
Sta te ca nnot b y law com pel th e pare nts to m ak e their children accept
in str uction in public schools only. Such a law con sti tu t es an unreasonable
interference with the liber ty of parents to direct the upbringing a nd educa -
t ion of ch ildren under their control. The child is not a me re creation of the
State.
The State, however, has the power reasonably to regula te all schools,
their tea chers and pupils; t o refJ.uire that all children of proper age attend
school , th a t teachers shall b e of good moral character and pa t!·iotic disposi-
tion, t hat certain studies plainly essential to good cit ize ns hi p must be

2'J.'radit iona l Filipino fam ilies h ave been charact cr iz<'d h~ · cln:;.- ~a m i !~ · tics. The in flu en~
of th e 1-'ilipino family is slowly d isappearing becau se of th e- t cm pvr ;try or permanent. ab ~ e nce
of the pa rent s , with the father or the mother, or both. ha,·:ng t <' work away fr om home. This
pare ntal a bsenteeism has led the youth to turn to their pc:(·r , <lr -bo rkada" for security and
g uidan ce which they cannot enjoy in th~ hom e. Ther-e l.> al;;o th ~ concern of the influence of
peen t h a t may lead children to j uvenile delinquE'ncy Without t heir parents guiding them,
m a ny yo ung people arc led to go a 1:1 tray a nd to de,·elop di~t o rt e d values and undesirable
beha viors. Both the church and i h "' ~<c h o o l ha,·e important roles t<> play in inculcating
pos itive values and attitudes which wil l s tre ngthen thE' cha r ac ter of ou r youth .
60 TEXT!:lOOK ON THE P HI L!Pl'INE CO!"STITUTION Sec. 1:1

t augh t , and that nothing be taugh t which is mani festly inimical to p u blic
welfar c .3 <See Ar t. XIV, S ec. 3r2l. l
(3 ) The State and parental obligations. - While the nat.ural U.e. , not
created by State law) and prima ry responsi bility for ed ucating the child
rests in the family, th e State als o has a d iEi tinct interes t in this ma tter
s ince a proper education - h u ma nisti c, voca tional, moral, r eligious, civic
- is necessary for social. well-being. It is , t h P.r efore, the duty of the State t o
see t h at these obligations are fulfilled by paren t s rthrou gh such means as
compulsot·y education laws), and to supply the e ssential ed ucational fa cili-
ties which private initiative is una ble to fu r nish.
(4) Duly of S tate to e ncourage edu cational inst itutions. -Viewed in
t his light, the Statf! should encouragt! r ather t han hinder t.he operation of
private a nd parochial schools so long as these schouls meet the secula r
educational requireme nts which the government has the a uthority t o im -
pose .J

SEC. 13. The State recognizes the vital role of the youth in
natio~buldg and shall promote and protect the ir physical,
mora l, spiritual, intellectua l, and social well-being. It shall in·
culcate in the youth patriotis m and nationalism, and e ncourage
their involvement in public a nd civic affairs.

Role ot the youth in nation-building.

The a bove d ecla ration is rel a ted to the pr eceding provis ion .
(1) Today's youth, more knowledgeable and intelligen t. ·- The bulk of
our popula tion is made u p of t h ~ youth, nearly half of it comprising the \'t!r y
young people who <!re 15 years old or younger. 1 Compared to pre\·iou;,:t
generations, today's younger cit.izenry are bet ter educated and far more
well-informed and articulate and politica lly cons cious. No Jc,.; ~ than t he
Constitution r ecognizes this in the p rovision reducing t he \'Ot ing ag e from
21 t o 18. (Art.. V , Sec. 1.i
(2) Duty ofthe State.- The youth constitute a rich r csen oir of produc-
tive m a npower. Recognizing thc!it· vital role in shaping the country's des-
tiny, the Constitu tion l ends its s uppt)rt to the pro motion of their welfare. It
is m a de the constit u t ional duty of t he State to p romot e a nd pr ot~c the
well ·being vf th e youth to enable t hem to develop phy.sically. mora lly,
spiritually, intellectually, and socia )}y, in a wholesome a nd normal man-
ner, a nd thus, transfo rm them into healthy, upright. intelligent, and useful
citiz ens a nd potential community leaders. It s ha ll inculcate in the youth ,

3 Pien :e vs. Society of Sisters, 268 U .S. 510 .

•schmandt and S t<•inbicker, The Fu ndamentals of Government. The Bruce Pu li s h in~

Co., 1954 ed ., p. 180.

'By defin itio n , 11 you ng p erson is one who is between 1 ~ and 30 years old.
 AR'l'. JL- DECLARATION OF PRINC:JPLES 61
ANI.l STATE POLICIES
Shl.t<· Polic'ie;;

patriotism and nationaliHm (Att. XIV, Sec. af.2J.), promote positive personal
and social values among them , and encourage their active involvement and
parlicipation (e.g., by giving them repsnt~:io ) in public and civic af-
fairs2 (Sec. 13.J to the fuJlest extent pos:-;ible.
(3) 1oday'.'l youth, tomr w .~ ' leaders. - By harnessing their enter-
prising spirit and progressive ideali::;m, young people can become effective
players in our collective effort to build a modern Philippines and, properly
trained and guided, will in time assume with dignity a nd honor the places

2 l'residen tial Det,retl No. 603 (Dec. 9 . 1971), kn<)\\' 11 as the Child and Youth Welfa r e

Code, lists the 1·ights and rt-spon;,ibilities of c:hildnm, and specifies the rights, duties, and
liabilities oftht- parent.!\ in the rearing of their children. (see Art. XV.) R.A. No. 8044 (June 7,
1995), otherwise kn\)wn as the ~Youth in Nation-Building Act, creates a National Yo uth
Commist<ion io formulate and impl('ment. ~ ~ lllltio nal comprehens ive und coordinated program
for de,·lo pm~t of yo uth in nation-b uilding, (:n~atig a National Commission on Youth
tNYC) for the pur·pose. Pursuant to its mandate under R.A. N o. 8044, the NYC formulated
th e You th Entrepreneurship Program 1YEP1 which aims to develop the entrepren t!ural skills
of the }outh and encou rng<:> them to pa rti cipat E' and orga ni:>:e hus incss entrp il!f~S . Exec.
Order No. Mlii (Junt- 9, 19~J creates YEl' National Cop<:> rnto~ Council that will oversee,
pla n a nd coordinate th1: implementation of the YEP. Ex N·. Order ~o. 275 (Sept. 14, 1995i
create::: a committee for the special protection of thildren from a ll fo1·ms of negh,ct, a buse,
cn~+ h.y , •~xploitan , discrimination and tlther conditions prejudicial to their development.
R.A. No. 8:no <Oct. 28. 1997), othcrwi.-e ktHlwn aR the "Childr en'.~ Television Act of 1997",
establit>hl:'s a National Coundl fot• Ch ildren·~ Te\evH;ion iKCCT) with the function. a mong
oth er s, t<• formula te togeth er with t.h .. tt'lcvision broadt·a«t ind u ;;t ry, a set of standards for
television progra ml> s h own duri ng child-viP.wi ng h ou l'8 3nd work cl<•!';cly with the indu s try for
the ado ption and implementation of said :>la ndnrds.
R.A. No. 9l63 (Jan. 2~. 20021, emitted t he "Nl~i( n Hsl Service Training Program f::\STPi
Act of 2001." allows college students to choose among t.he pT(tgram's three :;t!rvicc co mpo·
nct~ ·- "Reserw) Offict>rs' Training Corps'' (ROTC), literacy tr11i ning service, an d tivic wei·
fa re training service - ;;pccially de,;igned to t.mhance the youth's active contribution to the
gcnP.ral welfare. Nov.:. nsale aud fem ale st udent.:; of any baccalaureate degrf\e course or at
l ea~t t wo Y'!ar technical-vocational course;s in public and pr iv~•le P.ducational in~tu ion:> will
be r equired t u complete one of t.he NSTP com ponents a s r equi"ilfl for gr aduation. The :"STP
is 8 prog ram aimed a t enhancing !:ivh. cunsciousne,:;s and defense prepa rcdnes:;- in rhE' you th
hy dcvdoping the ethics of se rvice and p a t . riot ~; m while undergo ing tr~ing tn any of the-
three program componE-n t s.
The Reserve Officers ' Training Cl)rp.o is a program instit uti•malizcd under :::ection.; 38
and 39 of RA. No. 7077 de-:;;igned to providc military tr:~in g to t••rl iar" !.:•·.:! 8tud e n t ~:< in
order t.o motivate, tra in, organize, and xnohli ztl thHm for national defen:;!' pn·part:dncss. The
Department cf De f n n ~•: (DND 1 is directe d l,o funnulute and -.do pt , pro lf~:m of l'.:>sistance
andiur inctv~ to t h ose l: ludf ~ nts who wi ll take t his tomponen t . Tht• RO TC i ~ made opt ional
by t he Act..
The literru:y training .Yt!rt•ice' is de~i gnld lo train s tud ents to b~>co r:- u • teachers of literacy.
a nd numeracy :;kills to sc hoolchildren, out-uf·llchoolyoulh and ';: h ~ r ~e- gments of society. The
,·ir.·ic u·el/'are train ing :>til'l!ice refers to programs or acti\'itit· < t ~ •.:l t (' · ~ ·ntribue to the general
we lfnn:: and betterment oflifc for communi tic:; or t.he ~nha c.:-n :c·n t uf its facilitie$ , especially
tho<>e devoted to improving health, education, cnvirc>n::lelit . .-rttrepreneurship, safety, r~c­
reation and rnol'als of the citizenry.
The Commission on H igher Education !CHED •a na T ~chn u:a l Education and Skills Develop-
ment Authority <T E:Sl)A ) in c(m;;ul tation with :lw D ~D . Phili ppine Association of State Univer·
sitit>!.i <~nd Colleges ~ t'A SUC •, Cwrdinat ing Cou nt'il of Pri"ate Ed ucational Associations (CO-
COPEAl and other concerned gowmlm('n t ag ~ncies. may de,:;ign and implement $uCh other
program components as may be nce ~;ary in co nsonance with the provif'ions ofR.A No. 9163.
62 T EXTBOOK ON THE PHILIPPI NE CONSTITUTION Sec. 14

of th~ir elders in the high councils of the n ation. Our children a re our hope;
they are our future -th e nation's futu re in fact.J

SEC. 14. The State recognizes the rol~ of women in nation-

building, and shall en sure the fundamental equality before the
law of women and m en.

Role of women in nation·building.

( 1) Proven capabilities of Filipino women. - Filipino women, past and
present, have proven their capabilities in all fields of human endeavor- in
private business, in the professions, in the arts, in education, in civic work,
and in public service - even in positions of international leadership such as
in the United Nations and other international organizations. And Filipino
heroines who figu red prominently in gaining our independence are not fe>v.
They fought with courage and dedication in t he struggle for Philippine free-
dom against a colonial master and, during the last. war, in the battles for
liberation against a forei gn invader. In the recent past, they were in the
forefront ofmoveme:1ts for the restoration of democratic processes in our land
against a discredited regime which t'inally culminated in its overthrow.
Today, Filipino women have been involving themselves in worthy causes
and activities of national concerns. They have always been ready to heed
the country's call to service with two of them having steered the nation's
ship of state. 1 They help shape a better fut ure for all Filipinos. It can s afely
be said that the Philippi nes is well a he ad of many other countries of the
world in terms of leaders hip roles of Filipino women both at home and
abroad. Many Filipinos sta nd out a mong the women of the world as being
especially educate d, talented, and liberated.
(2) Expa.nsion of H'omen's role. - The Constitution gives recognition to
the role Filipino women have played and continue to play as partners in the
task of n ation-building. They have a greater role in society today. They
cor:stitutt> more than one-hal f of the population , a powerful political and
economic force indeed in Philippine society. By sheer force of number
a lone, it is only right that their voice be heard on matters a ffecting their

' The Local Govem ment Codo t R.A. N o. 7160, Chap. 10, Sec. 439. · declares Dece mber 7·
11 of every year a>< "Youth Week" to highlight the critiC'al r ole the youth plays in nation-
building.
Proclamatio n No. 521 {Dec. 1 i , 2003) decla res the la,;t week of Februa ry of ever y year as
"Nat ional TOYM Week." ' Th~ Outstanding Young ~len ~ • TOY ~t • Awards which has been
instituted by the Junior Chamb ~ r of the Philippines \Jaycees'· a voluntary,organization of
Young Filipinos "strivin g to build a better nation and to develop bette r citizens," s ince
Octo ber 15, Hl59." has no t only become one of th e cou ntry's mos t coveted a wards for yo ung
men, bu t a lso an inlititution recognizing e xcellence in our young Filipinos, aged 18 to 40. The
TOYM F oundation m a de up of TOYM aw!\rdees seek to promote the ideals of leadership,
excellence, integrity. character and servi ~c to the n ation."

' Presid!H>t Corazun C. Aqu ino, 1986-1992 and P resident Gloria Macapagal·Arroyo, 2001-
prcsen t .
 AR'J'. H.- DECLARATION 01'' PR1NCII'U:S 63
AND STATE POLICIES
State Polici{!S

welfare and the country as a whole. It 1~ sirnpl<~ justice that they be given a
legitimate share with men in leadership and major dt~cison-makg process,
at all levels and in all spheres of hnman activity outside theh· homes.
In pre-industrial societies, domestic work was assigned to wo~n who
were looked upon merely as men's helpmates and creative som·ces of
human life. The traditional view that the role of women is primarily child-
bearing and child-rearing and performing household chores should be
abandoned. 2 While the social rol<! of women as mothers and household
managers is recognized, the State should formulate straegi~ to expand
women's participation in non-household and productive activities and thus
make them direct contributors to the country's economic growth. 3
(3) Equality with men before the law. - Men and women are funda-
mentally equal. 4 Yet positions of responsibility and authority continue to
be denominated by men. As a rule, women have narrower occupational
choices and have lower earnings than men. It is the duty of the State to
ensure that equality before the law in all aspects of n:1t.ionallife by rectify-
ing or ending all practices and systems that are disadvantageous to women
or di~crmnate against thl~m by rea::;on merely of sex where it is not a
rdevant factor in making a di::;linction.
In economic life, for instancP, the Sta(~ must promote and uphold the
equality of men and women in employment, terms of employment, opportuni-
ties for promotion, t.he practice of profession, the acquisition, control, and
disposition of their property, pursuit of busine1>s, etc. In certain situations,
they are entitled to special protection from tht> Statt!:5 (.sl'f! Art. XIII, Sec. 14.)

SEC. 15. The State shall protect and promote the right to
health of the people and instill health consciousness among
them.

2'fhe fact. is that. Filipino v.-onwn (•ontribulf• gn!<\Uy ~o human d<>vcloprr.c-:1t in thE'
Philippines by the quantity and qu<tlity of work t-hey d.o at horne. Womml-PO\,t•r i,; such a
hu~e, lirnitleso; po(}l of intclJC'ctual rc~oue that. en•ry nutio11 rannot afford !>:• take for
g1·ant.ed.
·'Majority of the country's impoverished women Ji,·e in the rural arr·r,;.. Oi;:pendng
indu~tr·es and employment opportunit.ie!'< in thel'e arE'a!:' and maximizin.: t:ducation and
t1'<1ining for t.hem to increase their effic-iency in ~conmit ac·tivitil:':' w~l ~o a long way in
r;•ducing povm·ty amon~ them and dcvcbpmq their competiH:rw~. ;n l ;v, open labor mar·
kilt. Empow<·rnwnt of Filipino \j;vmE'n is g+merally belit•,·ed to h~•vt- ;1!1 ll:lP<tCl only on those
who have been educaLL·d.
·'The Con~:;tiu means that ex<:E'pt for t.IJI:)ir phy,;ic:d dif"!t.>r••nct•.<. men cannot be
consid~re, as a g<>ncral pro~itn, superior to wom+.!n.
-SDcspit~ m~ny advanc(!;; in many aspects of lif<:>. m.my Pli:'t':i .,f gcmdcr-hascd violen~
persist and ofwn go unreported. It includE's any act tl•:H re;uh~ in. or i~ likely to result in
physicaL sexual or p,.:.ychological harm or ~ufering t;_, "·~m<n. including threats of such a-cts
or arbitrary depri vat.ion of liberty. Some of the ("llllntry·;; more importa"nt laws that respond
to gender-based viol<~nc arc: c ll the Anti-S~:.xual !laras:.<mt!nt Law IR.A. No. 7H77.); (2) the
Anti-Rape Law (R.A. 1'\o. H:l53. !; (;lJ the R:.<pE:" Victim As;;i!:'tan<:e and Protection Act (R.A. No.
8505.); and (4J tht! Anti-Trafficking Law H A. :\o. 9028)
64 TE XTBOOK O:"l' THE PrtlLTPPlNE CONST!Tt:TION Sec. 16

Right of the people to health.

Wholistically defined , health is the state of physical, social and mental
well-being rather than merely the absGnce of physical di:>eases.
The State has the obligation to promote and pro tect the right of the
people to health. To better fulfill th is duty, it m ust instill health conscious-
n ess among the people.
This topic is discus:sed lengthily under Article XUI (Social Justice and
Human Rights), Soctions 11 to 13.

SEC.16. The State shall protect and advance the right of the
people to a balanced a nd healthful ecology in accord with the
rhythm and harmony of nature.

Right of the people to a balanced

and healthful ecology.
Ecology is tha t branch of science th at dealH with the study of the
interrelationships t1f living things (organis ms , pl ants and a nimal s! and
their environments. (s ee Art. XII, Sec. 3. J
(1) Causes of' environm ental degradation. -The Constitution, in Sec-
tion 16, takes cognizance of the continuing degrad ation of the Philippine
environment which has become a matter of national concern caused by
r a pid urbanizai.ion (migration of peopie from rural area.;; to urban centersJ,
industrial g rowth, population expansion, na tural r esources utilization, the
us e of modern technology, and ot.her socio-economic factors, and conse-
quently, the need for at1 environmental protection program to prevent
further injury an.d/or damage to plant and a nimal life and property and,
more important, to protect human life, health and safety.'
(2 ) Effect on quality of life.- Many people today are u nable t<.• live in
dignity a s human beings because they cannot acquire the necessary food,
housing, health, sanitation an d education as a result of the deterioration of
t he eJtvir onment. The qu ality of life of th e people cannot advance unless
the living environment is nurture d and valuable natural resources are
protected a nd pr e se rved. ~

'R..A. No. 8 7MJ (.Jun~ 23, 19!)9/, otherwi;;e known ttl' U1e "Philippine Cl e<~n Air Act of 1999,"
provides for a l'omprehon.sive air pollution control policy. H.A. No. 9003 !.Tan. 26, 2001}, other-
wise known as the "Ecological Solid Waste :'l-1anRgemen t A<·t of 2000,'' provides for a •1 ecological
solid waste managemen t p:-ogram , creates t he necessary institutiona l mech a n i sm~; and iru;en·
tives, prohibit;;, certain acts, anrl provides p ~ n<~lt ies. R.A. No. 9275 (March 22, 2004), otherwise
lmown as tho "Clean \V;1ter Act, provides for a compre hensive water management. program to
P?.. teet th e co untry's water bodies from land- based sou rces of pollution s uch as industries,
mining, agricultural ope'rAtions, and community or household acth·ities. t o en surP. the effective
utilization and conservation of the nation';; water and resources.
"The Philippines is an archi pelago. Some 7,000 isl11nds com prise thi::; beautiful country of
ours. &dies of water, river system;;, lakes, chains of mountains, and vokanoes are our country's
major features. 'Togethc. r with th e coastal and marine areas, t hey te~ m v.ith Oora and faun a.
 ·.'

.l /'

Sec. 16 ART. H.- DECLARATION OF PRINCIPLES 65

AND STATE POLICIES
State Policies

(3J Relation~hp h£>tween development and environment.- The ]essons

drawn from ecological studies in the United Nations show that politkal,
social, and economic growth and development are crucially dependent upon
the state of the human envir·:. nmet.;~ For this reason, the improvement of
the quality of our envil'Onment should occupy a higher place in the scheme
of priorities of the goyemment..

The lore;;t covers of our country harbor ;~orne 8,120 species offloweting plants (including
~he rare Waling-Waling and Cattleya nrchidsl, some 3,50:l species of indigenous trees (sut:h
as the world-famous Narr·a, Yakal, Molave, and Kamagongl, 640 species of moss, 240 species
and sub-species of mammals, and many more flora and fauna, Our count.ry's marine areas
harbor some 3,500 fish species (esp~.:ialy our world-famous Tuna, Tanguigi). One square
kilometer of coral ref~; produces more than 200,000 tons of fish and other marine products
every year, Truly, our beloved Fhilipines de;;erves to be called the "Pearl cf the Orient."
Urbanization, industrialization, defore;;tation, and rapid population growt.h are some of
the major factors that contribute to the degradation and destruction of our environment and
its million;; of pricelesg denizens, Illegal logging and the kaingin system of farming have
denuded our forests- from '2(imillion hecta.-e;; a hundred years ago to 5A million hectares
today. Every hour, ;om~l 63 hectares of fore1;t.s ar~l cleared.
Of the 44,096 square kilnmeters of roral reefs, almost 70'/c· have been declared by th!:'
Bureau of Fisheries and Aquatic Resource:; as being in fair to poor condition.
Environment l'xpert.s, howev('r, are optimistic that these conditions can be anested and
our country':;; environrnent can be rehabilitated. Effective implementation of our count,·y's
various environmental law,:;, recycling, proper waste disposal, and massive reforestation, can
promote such rehabilitation. (:\ianila Bulletin Bditorial, June 17, 2004,}
Let us help foster public awareness about the urgent need to preserve our environment
and our country as the •Pearl of rhe Orient Seas!'
3 Sevm·al factor:; haYe been cited as re;;ponsible for the growing threat to planet earth

and, therefore, to human and animal life on it. These include the build-up of carbon dioxide
and methane creating the phenom~ of the greenhouse effect (due to pollutants from
increased combuEtion fossil fuP.ls. deforestation and burning forests) and the depletion of the
ozone layer which pose the danger of warming up, if not overheating, the earth and exposing
coastal areas to tidal waves wilh the melting of the polar ice, The release of "greenhouse
gase,;;," primarily carbon dioxide from the burning of fossil fuels, traps the sun·.~ heat and
prevents it from radiating hack into space. Scientists have documented an increase in
unreasonable weather, t.emperat.ul'e P.xtremcs, forest tires, altered rainfall and drought
patterns (which disrupt food t-1upli~), and <>cvere storms and downpours. The re<:a;;nn for the
latter iB simple: as the atmosphere warms, it accelerates the evaporation of surfat(· "·at.;,r;:. It
al;;o expands the air to hold more water. So, when a normal storm occ\as, it re~ult:> in nuJre
intcn!;e rainfalL Warning also accelerates the breeding rates of disease-carrying in~ects.
Overpopulation in developing CO)untries has also affected the envirunme:n. Protection of
the environment is a global issue and every nation is duty·bound to prot~•: !c.- own. In the
face of drastic disrupton~ of weather patte1·ns around the world, global ~-t>operain and
efforts are needed to help solve the growing hazards to the habitability of our planet for all
life forms. It is not hard to forsee the kind of political instahilitv and ;,ona I disorder that can
result from climatic in!;tability. • -
All living creatures, including those found in the seas and oc-eans, are feeling the change in
climactic conditions and are trying to adjust hy moving or migratmg The Earth is reacting to the
weather changes, as seen in the shrinking glaciers. th(' sp'imng cof chunk~ off the Antarctic ice
sheet, and the freak weathet· phenomenon .such as El :\u'lo ar.d La Xiil.a, Fish are becoming
harder to find, their habitats being destroy€d evm1 before tl:ey are old enough to reproduce. The
planet is losing plant and animal spt'('ies at a rate that has nor been seen for eons, World
Environment Day is observed on June 5 of each year as one of the principal vehicles through
which the United Nations stimulatt>!:' wol'lu.wide attention to the importance of sustaining the
environment and enhancing the political actwn to protect its lite-supporting features.
66 TEXTBOOK 0~ THE PH!LIPf>lNE CONSTITUTIOl" ::lcr ;;. 17-20

SEC. 17. The State shall give priority to education, science

and t echnology, arts, culture, and sports to foster patriotism
and n ationalism , accelerate social progress, and promote total
human liberation and develop ment.

Priority to education, science and technology,

arts, culture and sports.
Thi::-; topic is discussed under Article XIV with the above subj ects as
title.

SEC. 18. The State affirms labor as a primary social economic

force. It shall protect thE' rights of workers aud promote their
welfare.

Labor as a primary social economic force.

This topic is discussed under Article Xl ll 1 Social Ju~ti ctJ and Human
Rights), Section 3.

SEC. 19. The State shall d e velop a self-reliant and independ·

ent national economy effectively controlled by Filipinos.

Self-reliant and independent national

economy.
Section 19 states the Co)n;stitutiona] guidelines in the development of
the economy: economic s!:!lf-reliance, independent national economy, a nd
effective F ilipino control of the economy.
This topic is di1;eussed in detail under Article XII (National Economy
and P atrimony), Section J.

SEC. 20. The State recognizes the indispe nsable role of the
private sector, encourages private e nterprise, and provides
incentives to needed investme nts.

Rote of the private sector in the economy.

In r ecognition of the jndispens able role of th ~ private sector as the
main engine of economic development, tht' S t a t e is · mandated to encourage
private enterprise and to provide incentives to needed investments, whether
local or foreign. The Constit ution does n'Jt fa vor an economy managed or
controlled by the State. Governme nt is often con.:,idered a poor manager .
Controls breed corruption and d iscourage business. They play favorites,
thus discouraging those not favored.
Under the principle of subsidiary adoi-'ted by the Cons titution in the
a bove provision, the government should not engage in particular busi ness
Sees. 21-22 ART. II. -DECLARATION OF PRINCIPLES 67
AND STATE POLICIES
State Policies

activities which can be competently and efficiently undertaken by the

private sector unless the latter is timid or does not want to enter into a
specific industry or enterprise. (see Art. XII, Sec. 6.) The government was
not established to engage in bu:)iness. The duty of the State is to make the
economy a system fot free and private ente1·prise with the least govern-
ment intenention in business affairs.
This topic is discussed fully under Article XII (National Economy and
Patrimony), Sections 1, 2, 6, 10, 16, 17, and 18.

SEC. 21. The State shall promote comprehensive rural dev-

elopment and agrarian reform.

Comprehensive rural development

and agrarian reform.
"Comprehensive rural development" covers all phases of rural develop-
ment- economic, social, political, cultural, and even industrial.
This topic is discussed under Article XIII (Social Justice and Human
Rights), Sections 4 to 8 and Article XII (National Economy and Patrimony),
Section l.

SEC. 22. The State recognizes and promotes the 1·ights of

indigenous cultural communities within the framework of na-
tional unity and development.

Rights of indigenous cultural

communities.
As used in the Constitution. the term "indigenous cultural communi-
ties" refers to those non-dominant groups 1 in our country which possess
and wish to preserve ethnic, religious, or linguistic traditions or character-
istics markedly different from the rest of the population. 2
Section 22 recognizes constitutionally the existence and the rights of
the indigenous cultural communities. It directs the State to promote their
rights within the framework of national unity and development. Thus, the
State is bound to consider the customs, traditions, beliefs and interests of
indigenous cultural minorities in the formulation and implementation of
state policies and programs. In a multi-ethnic society like ours, the above

'They c:onsist of about sixty-three (63) ethni~· or tnbal gToup;; scattered throughout the
country from Batanes inhabited by lvatan tribe; lii Saranggani inhabited by Samals. About
half of the members of these tri~al group;; lu:>lon.,: :v :hE' )lu;;lirn group that dominates the
provinces of Cotabato, Lanao, ~uln. Zamb•langa. and Basilan.
2See Committe,; on National Integration Report :\o. 1, Annex B-1, p. 1, Feb. 2, 1972,

1971 Constitutional Convention Se~ Pre;;ide:mial Denee No. 1414 (June 9, 1978).
68 TEXTBOOK ON THf<) PHTUPPI.NE CONSTITUTION Sees. 23-24

provisi on i~> necessary in promoting the goal of national unity and devel op-
ment.3 (see Art. XVI , Sec. 12.)
Under the provision, the government may even enact laws especially
for them taking into account their customs, traditions, belie fs, and intel·-
ests.4

SEC. 23. The State shall encourage non-governmental, com-

munity-based, or sectoral organizations that promote the wel-
fare of the nation.

Non-governmental, community-based
or sectoral organizations.
The State is required to encourage these organizations because recent
events have shown that, under responsible leadership, they ca n be active
contributors to the political, social , and economic growth of the country. It
should r efrain from any actuation t hat would tend to interfere or subvert
the rights of these organizations which in the words of the Constitution are
community-based or sectoral organizations that promote the welfare of the
nation .
This topic is discussed at length under Article XIII (Social Justice and
Human Righb; ), Sections 15 and 16 which categorically state the role and
rights of people's organizations as vehicles to enable the people to part.ici-
pate and intervene meaningfully and effective ly in decisions which direL"tly
affect their lives.

SEC. 2'1. The State recognizes the vital role of communica-

tion a nd information in nation-building.

·'The Phili ppinns, perhaps owing lto its >t r <" h i p~lngic n ature, is as di vc.· r ~t> a,; >~nv n at io n in
the world. With several linguist ic ~r ou p s, it h as a significant n umber of indigE'nous peoples.
In Mindanao, for ;..xample, th(' indigenous peoples are collective>ly called .~um ad .< meaning
"horn of the earth." Asidt! from them. thi>rc are other l!thno-linguistic ~r,) uf." if' th(' \"•s ay<ts
and Luzon, with the m'JSt po pu\o~ being th e pe-opleR of the Cordillc:ra wh._ :\re also cl i~>tr b­
uted into v;tr ious subgroups. As a ~roup . 1he indigenous com m umti es a r~ pc>lirically 11nd
economically marginalized, a condition that can be attr ibut"d tc: a host of factors , not the
least. of which is thei r lack of access to the :<ervice> re-q uired for their mate ri al sun·ivnl and
the improvement nf thl'\ir quality of life.
'Thus, in line with the national polil:y to faci!it<I.H: the integration •>f the members of
indigenous cultural nH:llmunities and accelerate- the d •' \ ,•lo pMent of the areas occupied by
them, the Civil Scrvicn Commission is require d by !a" •..:· j,!i·.-., special civil service examina-
tions to qu alify them fur 11ppointmcnt in the civil tierv irc · Pres. Decree No. 807, Sec. 23; see
Pres. Uet:rees No. H32 t~ nd 1125.) Consistent a lso wi th the spirit of t he constitu t ional
provision, t he "Code uf M•Jslim Personal Laws of the Philippines" re~ 'O gnizes the Rystem of
Filipino Muslim lnws, c:odifies Muslim laws, and provides for its itdministration among
:.\1u~lim !:l. (J'res. Decree No. 1083, F(\b. 4, 1977.) R.A. No. 837 1 !Oct. 29, 1997J, known as the
Indigennus Peoples Hight.!:' Act of 1997 i_IPRAI, protects and promotm.; th t~ rights (particularly
over their ance;o tral lands in communal (,wne rship) of indige nous cultural communities and
crat ~s the National C o o u n i!<>~on on Ind igt>nous People.
Sees. 25-26 ART. IJ.- DECL.-\RAT!ON OF PRIN CIPL}:S 69
AN D STATE PO LICH ~ ~
St at e Polic ~>

Vital role of communication and information

in nation-building.
Communication and information , a~ U!-;t'ld above, include not only print
or broadcast media (radio and television) bu t als o motion pictures , adver-
tising, cabl e, tele phone and teleg•·aph. 1 Those mean~ of communication
designed to gath er a nd convey ne\\'S or inform ation to the public are called
P.Jjlf?S . Tf~ because they reach the mass of the people. (see Art. XVI, Sec.
· 11[1]. ) That t hey play a critical role in nation-building is very obvious .
(1 ) Form ation of an enlightened c:itizenr:y. - Mass media ~h ape peo-
ple's thoughts and beliefs , their attitudes and va lues. In a country like the
Philippines composed of people with diverse cultures, they can be an effec-
tive instrument in promoting nat iona l integration and preserving Filipino
values and t raditions. By educating the citizenry on important pubHc is-
sues, they also he lp create a s trong, vigilant and enligh tened public opin-
ion so essential to the successful opera tion of a t'epublican democracy.
(2 I Promotion o(efficienc,'}' and economy in government. a.nd business. -
In fo r mation and comm unication can be used to li nk our geographically
dispersed population and help effect fas ter delivery of educational, medi-
cal, and oth er public services in remote areas of the country. In a ny
organization , ready information maximizes int~ral elfkiency. Partjcu-
larly in busi ness, il reduces cost of production and services.
(3) Developm ent of society. - On the mater ial side , it is diffic ult to
im agine a progressive country, in today's wn-:-ld of hi gh -tech computers ,
internets, cyherc;pace and informat.ion highways, vvith antiquated commu-
nication a nd information structures. In the l f.Li>t few years, the world ha s
witne ssed a steady stream of technological progress in this fie ld. The
Philippines must keep abreast of communicaLion innov·ations but a t t he
same time be selective and discriminating Lo insure t hat only t . ho~:e "suit-
a ble to the needs a nd aspira t ions of th e nation" !Ibid.; Sec. 10.) Hrr. adapted.
Utilized and m nnap.;ed wise ly and e fficiently, communication and informa-
t ion are very u ~;e fu l tools for the fH.:onomic, social, cul tural and political
d evel cpment. of society.

SEC. 25. T he State s hall ensur e the autonomy nfl o c~ I go,·ern-

m ent s .

Autonomy of local governments.

T his topic is dis cus s(~d in Articl e X (Local Gr.n·ernmr.nt l.

SEC. 26. Th e S t ate sh a ll guarantee equ a l access to opportu-

n ities for public serv ice, and p rohibit political dynasties a s may
be defined by law.

1
1'elecommunication companie:; that me rt> ly sl'ne all carriers lor tnm!'mitting spl:'cific
messngcs to sp ecific addressees (.IT reci p ient~ a re public u tili t.ies (Art . XII. Sec. 11. l, m •t ma ss
media.
7() TEXTBOOK ON THE PH I LIPT~ E CONS TITCTION Sec. 26

Equal access to opportunities

for public service.
This topic is discussed under Article VI (Legjslat.ive D~p ar tme nt ),
Sections 4, 5, and 7 and Article X (Local Governmen ti, Section 8. Addition -
ally:
(1)Limitation of terms of office. - The provisions li miting the ter ms of
offi ce of elective officials (President, Vice-President, Senators , Representa-
tives, and local officials) enha nce equal access to political opportunities
although they ma y not completely do a way with the evils s pawned by
political dynasties that proliferated i.1. th e country in the past. With his
political and economic r esources, an elective official can have a close kin or
trusted foll ower run for the same position and continue to exercise control
through the latter. Hence, the need for a declaration expressly prohibiting
political dynasties.
Prohibition of political dynasties. - The constitutional policy on
(2)
the prohibition of political dynasties expresses a national commitment to
democratize election and appointment to positiuns in the government and
eliminate a principal obs tacle t o "equal a ccess to opportunities for public
ser vice." It is not uncommon to have most of the top e lective positions in a
province (or city l down to the barangays occupied by one family and close
relatives of t he fa mily members. Politicia ns form husband-wife teams, or
father-mother, son -daughter t eams and hold to elective posiLiC'ns for dec-
ades. The dominance of political fa milies in the past not only kept more
deserving but poor individuals from running or winning in elections; it also
enabled powerful a nd affluent politicians to corner appointive p o~it on s for
their relatives and foll ow ers as if th ey alone are gifte d with the ability to
serve the country . 1
(3) Prohibition con stitutionally m andated. - Th e law imp lem en ting
the constitutional policy shall define what constitutes political dyna3ties ,
having in mind the evils sought to be e t·adicated an d the! nted to ins ure the
widest possible hase for the se lection of elective go\·ernment officials re-
gardless of political, economic. and social status. Xo ~ e that the State is
expressly mandated to prohibit "pol i~ ical dynasti es:· Cong r e :;~ ha:s no dis-
cretion on the matter except merely to spe ll out the meaning and scope of
the t erm.

1
'fhe m ulti-party system (see Art. IX·C, Sec. 6 .J is designed not only to guarantee wider
access to opportuni ties for public s cr·vicc but it is also mea nt t o do away with politica l
dynasties as en uncia ted in Section 26, togeth er with th e te rm li mits impose d lik ewisP. by the
Constitutio·n on elective public officials. (sec ArL. VI, Sees. 4. 1: Art. VII, Sec. 4; Art. X, Sec.
8.) As n oted above, h owe ver, the membe rs of the political clan , because cflh eir political clout,
are th e ones who get elected, and those who a r A not elected, get a ppoi n ted to h igh positions in
the nalional government.
Sec. 27 ART. ll.- DECLARATION OF PRlNClPLES 71
AND STATE POLICIES
State l'oice~

SEC. 27. The State shall maintain honesty and integrity in

the public service And take positive and effective measures
against graft and ~o.ruptin

Honesty and integrity in public

service.
( 1) The perennial problem of graft and corruption. - In the Philip-
pines, every new administration since the postwar period has made a
pledge to eradicate graft and corruption in government. The popular per-
ception, however, is that this baneful ill has become more rampant and
sophisticated through the years. To be sure, the above provision was
incorporated in the Constitution because of revelations of "unprecedented
magnitude" of graft and corruption allegedly perpetrated by officials in the
hig e~:;t drcle of the government during a previous regime.
( 2) Ways to attach problem . - The malady of graft and corruption must
he eliminated or at least minin1ized to a tolerable degree because of the
staggering amount of public money that has been lost through it. What is
needed is moralleadet·ship by example on the part of the top officials in the
government and a continuing, uncompromising, well-coordinated campaign
against all forms of dishonesty and venality in the public service which
have considerably slowed down thE: socio-economic progress of our country.
Having honest Presidents with the best of intentions is nni enough to
reduce corruption to minimal proportion. This perennial problem cannot be
solved by mere empty promises and congressional inquiries, but by prosecut-
ing without fear or favor and putting behind bars so-called '"big fishe s'' found
to be involved as concrete examples of the government's determin a tion to
achieve decency in the public ::;ervice.
Any campaign against this scourge of society will be made more effec-
tive if accompanied by a morality cru~:;ad e. 1
(3) Need for honesty and integrity in public: service. - The ful fillment
of the constitutional mandate will go a long way in strengthening the

'Exec. Order No. 314 (April :10, 2004), a~ a mended by Exec. Order N o. 317 >June 8, 2004).
creates th~ Prc»idential Commi!!!don on Va lues Formation (PCVF), ht-tlderl h.\' the l'n~sidet
as Chairper;;on . The PCVF "!'lhall serv<! a!; the lead agency by '~hi ch tho: governmt>nt may
work haud-in-hand wi th ~:ivl ~o cie ty 1md the privat.e sector in Lh<: c :-t,~ l )li- lmH:nt of a strung
foun dation fnr moral value formation in the government burP<HH:racy. It ;;hall coordinate
with and support n on-go,·(:rn mcnt.al nrg:ltlizations i NUO~ i and th e pnvatr. sector in th<!
effort to <!r::tdica te from the governnum t hureaucracy. evP.ry fu.-m or manner of gr11ft and
corr uption, patronage, pvlitics, apathy, pa~;sivty, m ~mdi.:an cy. factionalism and lack of
patriotism and to replace the same with honest public s en·ic~; and lo ve of country." The PCVF
is tmnsformed into an Ad Hoc Council on Values Formation ;AHCVFi with the President as
Chairp er .~ «m and t.he Secret.ary of Education !1~ Vice-Chairperson. The rest of the member-
ship (who shall ret.ain their character a:> privat<· citizens withnut government remuner11tion J
of th e Cou ncil shall be comp~ cd of lay leaders as invited by the Presidt:mt. (Exec. Order No.
:l47, July 11, 2004. I
72 TEXTBOOK ON THE PHILI PPINE CONSTITUTION Sec. 28

people's trust in the government and its leaders. It will also ensure the
efficient use of t he meager resources available for national development.
This topic is furth er elaborated under Article XI (Accountability of
Public Officers), Sections 1 and 2.

SEC. 28. Subject to reasonable conditions prescribed by law,

the State adopts and implements a policy of full public disclo-
sure of all its transactions involving public interest.

Full disclosure by the State

of all its transactions.
(1) Duty of the State. - Section 7 of the Bill of Rights tArt. Ill.)
guarantees the people's right of information on matters of public concern
and access to records pertaining to official transactions of the governme nt.
On the other h a nd, Section 28 requires the State to make public its trans-
actions without demand from individual citizens. It s tresses the duty of the
State to release the information.
( 2) Transactions covered. - The policy covers all State transactions
involving public interest, i.e., transactions which the people have a right to
know particularly those involving expenditures of public funds. The law,
however, may prescribe reasonable conditions for the disclosure to guard
against improper or unjustified exercise of the right. The policy will not
apply to records involving the security of the State or which ar'-! confiden·
tial in character. (see Art. III, Sec. 7.)
The policy of full d iclosure is in line with the constitutional mandate of
an open, accountable and transparent government. (see Art. VI, Sees. 12.
16[ 4~ 2D;Ar.t/VII, Sees. 12, 13[par. 1), 20; Art. IX, D-Sec. 3; Art. XI, Sec.
17.>f'1 Y'.--:' !v .
-- oOo-
 Article Ill
BILL OF RIGHTS

Concept of a bill of rights.

~Jil.rg}!_may be defined as a declaration and enumeration of a
pcr~nd privileges which the Constitution is designed to protect
agamst violations by the government, or by an individual or groups of
individuals. It is a charter of liberties for the individual and a limitation
upon the power of the State. 1
Its basis is the social importance accorded to the individual in a demo-
cratic or republican state, the belief that every human being has intrinsic
dignity ~.nd worth which must be respected and safeguarded.
The new Constitution incorporates in Article Ill all the basic rights in
the former Charter. It also awards new rights to the individual. (see Sees.
8, 11, 12, 13, 18[1], 19.)

Classes of rights.
The rights that a citizen of a democratic stae~njoy may be classified
into:
Natural rights. -They are those rights possessed by every citizen
(1)
without being grantea by the State for they are given to man by God as a
human being created to His image so that he may live a happy life.
Examples are the right to life and the right to Jove;
(2) Constitutional rights. -They are those rights which are conferred
and protected by tne Cot'iStitution. Since they are part of the fundamental
law, they cannot be modified or taken away by the law-making body; and
(3) S,tatutG•ry rights. They are those rights which are provided by
laws promulgated by tne law-making body and. consequently, may be
abolished by the same body. Examples are the right to receive a minimum
wage and the right to adopt a child by an unrelated person.

'See 1 Cooley 534-535: 3 Black, Constitutiona! Law. :3rc.l ed, pp. 9-10.

73
74 'T'EXT BOOK ON THE PHILTPPI:-.E CONSTITUTION

Classification of constitutional rights.

The human rights secured hy the Constituti on include social and eco-
nomic rights not just political and civi I rights . They are as follows:
( 1) Political
:-----...,...._
rights. ··- They are such rights of the citizens which give
them tne power to participate, dir ectly or indirectly, in the establishment
or administration of the government. 2 Among these rights are the right of
citiz enship (Art. IV.), the right of suffrage (Art. V. ), and the right to
information on matters of public concern (Sec. 7. );
(2) ()uil 1jgl]J.s. -They are those rights which the law will enforce at
the insta;-ceof private individuals for t he purpose of securing to them the
enjoyment of their means of happiness.;; They include the rights to due
process and equal protection (Jf t he laws (Sec. 1. ); the rights against invol-
untary servitude (Sec. 18f 21.) and imprisonment for non-paymE.>nt of debt or
a poll tax (Sec. 20 .); the constitutional rights of the accused I Sees. 11 to 22);
the social and economic rights (in.f'ra .J; religious freedom t Sec. 5 !: iiberty of
abode a nd of changing the same (S('<.:. 6. >:and the right again:;t impairment
of obligation of a contract . (Sec. 10.)
F reedom of speech, of expression, or of the press, the right of assembly
a nd petition, and the right to form associations (Sees. 4, 8.) a re likewise
civil rights. However, they partake of the nature of political rights when
they are utilized as a means to participate in the government;
(3 ) Social and economic rights. -They include those rights which are
intended to insure the well-being and economic security of the indvu~l.
The right to property (Sec. 1. ) and the right. to just compensation for
private property taken for public use lSec. 9.) belong more appropriately
under this third category of r ights. They are also provided in the articles
dealing with the promotion of social justice (Art. XIIU, the conservation
and utilization of natural r(~souce (Art. XII, Sec. 2. ), and the promotion of
education (Art. XIV, Sees. 1. 2, 5[ 4, 51. ), :>cience and technology (Ibid., Sees.
10-13.), and arts and culture. ([bid., Sees. 17. 18.)
Political and civil rights can have meaning only if co ncrete mt>asures
are taken to breathe life and subtan ~ e t.o social and economic rights which
include cu ltural rights; 4 a nd
(4) Rights of the accused. - They are the (civill rights intended for t he
protection of a person accused of any crime, like the right a gainst unrea-

'-V<•ra v;.. Avclino, 77 Phil. 221.

'lMalcolm & Laure l, op. r:it .• il· 378.
4
The concept of human rights do:Js not mere ly involve p ol it u~ i! l concerns but also encom·
passes social and economic liberties or what advocates call "positive liberties" such as the
right to healt h care, education, sholter, and food, a nd other basic ;;ocial se rvices which
require concrete action Rnd measures on the pa rt of the government e,;pecially amid t he high
incidence of po\- ert.y in our country. (see Art. II, Sees. 9- J 1. > They arc as important, a nd in
some cases, even mo rt ~ crucial than the other rights as thE.>i r long sta nding non -ob»erva nce
may bring about social unrest and political instability. if not violant r adical ism or revolution-
ary conditions.
 ART. III. - BILL OF RIGHTS 75

sonable search and seizure, the right to presumption of innocence, the

right to a speedy, impartial, and public trial, and the right against cruel,
degrading, or inhuman punishment. The provisions (Sees. 11 to 22.) par~
ticularly and directly dealing with these rights are discussed subsequently.

State authority and individual freedom.

(1) State, an instrument to promote both individual and social welfare.
- The State, as an organization, exists to promote the happiness and
welfare of both the individual and the group of which he is part. It is not an
end by itself for the glorification of which the life, libe·rty, p1·ope1·ty, or
happiness of tl}e individual may in all cases be sacrificed. Neither is it a
means for the realization of the best life only by the individual for which
the group may at all times, if necessary, be staked.s LiberJ.y_.is....a...bJessing
wi~l.()!:LWh_c Iif~ is a _rn~s, bl!L~h9.t1< not...be madf._t.I.LPl'ev.aiLover.
~t)loriyH because then. soci~ty .wilLfalLinto anarchy.'; The doctrines of
[gis.sez faire and of unrestricted freedom of th!i! individual, as axioms of
economics and political theory, are of the past."'
The State in modern times is an instrument to enable both the indi·
vidual and society together to attain their greater happiness, progress, and
welfar.~

(2) Conflict between individual rights and group welf'are. - Conse·

quently, in some cases, the individual must yield to the group; and in other
cases, the group to the individual. It is for this reason that the Constitution
creates a domain of individual rights and liberties, which ilprotected from
encroachments whether by individuals or groups of individuals, and even
by the government itself. For the same reason, the Constitution provides,
expressly or impliedly, that i11 certain cases, when demanded by the neces·
sity of promoting the general welfare of society, the government may
interfere with these rights and liberties. 9 (see Sec. 9.)
'#The people must be strong enough to maintain its control over the
gOvernment and the government must be strong enough to maintain its
existence and protect the interests of the people.
(3) Role of judiciary - How far, consistently with freedom. may the
rights and liberties of the individual be subordinated t<t the will of the
government is a question which has assailed the very exi:-:tP.nce of govern~
ments from the beginning oftime. 10 The effective balanri:-1!; of the claims of
the individual and those.of the community is the essence. or the indspe~
sable means for the attainment of the legitimate aspirations of any demo~

SJose M. Aruego, Phil. Government in Actiun '1962 ed. '· p. 81.

6 Calalang vs. Williams, 70 Phil. 720.
7
Rubi vs. Provincial Board, 39 Phil. 660
~Jose M. Aruego, op. cit., p. 81.
9
lbid.
10 Rubi vs. Provincial Board. 39 Phil. 660.
76 TEXTBOOK ON TH~ ; PHILIPPINE CONSTITUTION Sec. 1

cratic society. There can be no absol ute power whoever exer cis es it, for t hat.
would be tyranny; yet there can neither be absolute liberty for that would
mean license and anarchy. 11
On the judiciar·y, in appropriate cases, r ests primarily this all impor-
tant duty of balancing the interes ts of the indivi dual and group welfare in
the adjudication of disputes that is fai r and just to the parties involved and
beneficial to the larger interests of the community or the people as a whole.
In the exercise ofth ~ power of judicial review (see Art. VIII, Sees. 4, 5.), our
courts, ultimately the ):iupr~m e Court, act as arbiters of the limits of
governmen tal powers especially in relation to individual rights .
.'t1.&~
SECTION 1. No person sh all be deprived of life, liberty, or
property without due process of law, nor shall any person b e
denie d the equal protection of the laws.

Meaning of due process of law.

Under the Constitution, a person may be deprived by the State of his
life, liberty, or property provided due process of law is obse rved.
But what. is meant by due process of law'? No exact definition has been
given to the expression , the r eason being that t he idea expr essed therein is
applicable under so many diverse conditions as to make a ny attempt a t
precise definition im possible. F or our purpose, however, we can safely say
that any deprivation of life, liberty, or property by the State is with due
process if it is done I J l under the a uthority of a law that is valid (i. e., not
contrary to the Con stit ution) or of t he Con ~ti ution itself, and (2) afte r .
compliance with fair and reasonable methods of procedure prescribed by
law. 1

Aspects of due process of law.

Due process of law has, therefore, a two-fold aspect, namely:
(1 ) E_rocedural due process which •·efers to the method or manner by
which the law is enforced. n
requires, to p a raph ra~ e Da niel Webster's
fam ous d ef~ nito (in his a rgument in the Dartmouth College case, 4 Wheat
518.), a procedure "which hears before it condemns . which proceeds upon
inquiry, and renders judgment only after trial.'" An indispensable requisite
of this aspect of due process is the requirement of .!}Qtic~ . anc:l hea.r.i1.1_g; and
(2) §.!!bstantive due process which req uires tha t the law itself, not
merely the procedures by whfchthe law would be enforced, is fair , reason-

"Ichong, et al. vs. H ernandez, et al., 101 Phil. 1155.

' De Leon and De Leon, Jr., The F undamentals ofTaxat.ion, 2004 Ed., p. 26.
Sac. 1 ART. Ill. -BILL OF RWH'I'S 77

able, a nd. just. In other words, no person shall be deprived of his lifE',
liberty, or property for arbitrary reasons or on flimsy grounds.
Thus, not only what m ay be done by any governme nt age ncy but also
how it may be done should satisfy the requirements of due process in order
to. ··make the deprivation valid under the Constitution. It is only in a
totalita rian state that an individual may be punished for a crime or de-
prived of the enjoyment of his rights at the pleasure or whim of "one in
authority" because the principle of the rule of law (see Int r oduction-B .) is
not observed .

Procedural due process.

(1) In judicial proceeding::;. - For the most part, procedura l due proc-
ess h as its application in judicial proceedings, civil or criminaL It requires:
(a) An impartial court clothed by law with a u thority to hear and
determine the matter before it;
( b ) Jurisdiction lawfully acquired over the person of the defendant
or property which is the subject matter of the proceeding;
(c) Opportunity to be heard given the defendant; a nd
(d ) Judgment to be rendered after lawful h earing.2
.Thus, there is a denia l of procedural due process where an accused has
been charged with an offense (e.g. , theft) and convicted of anothera (e.g.,
robbery).
Of course, the plaintiff h as a lso a right to be given opportunity to he
h eard on his claim.
(2 J J n administrative proceedings. - Due process, however, is not
always judiciai proce ss. In certain proceedings of an a dministrative char-
acter ,4 notice and hearing may be dispensed with, where because of public
need or for practical reasons, the same is not feasibl e. -T hus, an offender
may be arrested pending the filing of charges, or an officer or employee
may be suspended pending an investigation for violation of civil service
rules and regulation.
It is sufficient if opportunity is later given to the individual adversely
affected to test the validity or propriety of the admini stra ti\'e action on
appeal to superior administrative authorities or to the court. or both.

2See B11nco Espaiiol vs. Pala nca, 37 Phil. 921: Lorenza n <~ v;::. Cayetano, L-37051, Aug.
31, 1977.
~ sec P ~op le vs. Abad Santos, 78 Phil. 774.
4 J.udicial proceedings arc those that are conducted hefurt ~ cnur t s of justice, wh.ik.admifl ·
.i.stratil.ie prpceediru:s arc 'hose that are heaTd by bodies, agencies, or offices (e.g., National
La bor Relations Commission, Securitie:o and Exchange Commission, etc.) under the Execu-
tive Department or by the independen t. G<>m;titut.ional Commission!! lsee Art. lX.), which aro
empowered to render decisions or ju d g m ~ nts' in appropriate cases falling under their raspec-
tive jurisdictions.
78 TEXTBOOK ON THB PHI LIPPINE C:ONSTITl !TI ON Sec. 1

Substantive due process.

Viewed in its substantive aspect, due process of law requires that the
law in question affecting life, liberty, or property be a valid law, i.e., within
the power of the law-making body to enact and is reasonable in its opera-
tion.
(1) Thus, a tax which is imposed for a private purpose constitutes a
taking of property without due process as it is beyond th~ authority of the
legislature to levy. (see Preamble .) There is still a denial of substantive due
process even if the law provides for a notice and hear ing in the assessment
and collection of the tax. The reason is that tax can be imposed only for a
public purpose (e.g., construction of public school buildings, promotion of
science, payment of salaries of government officials and employees, etc.).
(2) Likew)se, the taking of property for private use or without payment
of just compensation offends substantive due process. (see Sec. 9, infra.)

Persons protected .
The term "person" in the above constitutional provision embraces a ll
persons within the territorial jurisdiction of the Philippines, without re-
gard to any differe nce of race, color, or nationality, including aliens.
~Private corporations, likewise, are persons wi thin the scope of the
guarantee in so far as their ,property is concerned .5 But not municipal
corporations (local governments) as they are mere cr eatures of the S t ate .fi

Meaning of life.
..Lite, as protected by due process of law, means something more than
mere animal exis tence. The prohibition against its deprivation without due
process extends to all the limbs and faculties by which life is enjoyed. 1

Meaning of liberty.
Lib.er.tJ', as protected by due process of law, denotes not merely freedom
from physical restuint (e.g. , imprisonment). It also embraces the right of
man to use his fac ulties with which he has been endowed by his Creator
subject only to the limitation that he does not violate the law or the rights
of others .
Liberty is not license or unlimited freedom to. act accor ding to one's
will. Thus, one may enjoy the liberty of speech, but he could not use it to
urge the overthrow of the government, or to defame a nother.

Bell & Cn. v !;. Natividad, 40 Pt.il. 137.

~ smith
6SeeYick Wo. v;;.. Hopkins, 18 U.S . 3515.
'Munn vs. lllinois, 94 U.S. 13a.
Set·. 1 ART. lli. - BILL OF RIGHTS 79

Meaning of property.
ProP.§rty, as protected by due process of law, may refer to the thing
itsetf or to the right over a thing. The constitutional provision, however.
has reference more to th(l rights over the thing. It includes the right to own,
use, transmit and even to dcstt·oy, subject to the right of the State and of
other perso ns.~

-----.. ----- -. •____.w _ "' -

What c·onstitutes deprivation .
-._ _~ _

What the Constitution prohibits is the deprivation of life, liberty, or

property without due proce~s oflaw.
( 1 ) Depr~uation nf life. - It refers not merely to the extinction of
human existence It include$ the loss of any of the various physical and
mental attributes (e.g., limbs, oyes, brain, power of reproduction, etc.)
which man must have to live as a human being. To be sure, some people
would prefer death to living without eyesight or as a bedridden invalid.
(2) Deprivation of' liberty. -To constitute deprivation of liberty, it is
not necessary that aftrson be detained or confined. Liberty need not be
lost in its entirety. To the extent that one is unduly prevented from acting
the way he wishes to do, there is a diminution ofliberty. For example, a law
which requires every parent to send their children only to public schools is
unconstitutional as an unreasonable restriction on the tiberty of parents to
direct the education of their children under their control. Such a law
deprives the parents of their liberty without due process oflaw. (see Art. II ,
Sec. 12, supra.)
(3) Deprivation of property. - With reference to property, it is not
Mcessary that it. be physically taken away from one entitled to it..-lffere is
also deprivation, when its value is destroyed or its adaptability to some
particular use, or its capability for enjoyment is impaired. Thus, there is
dP.privation of property without due process of law where the O\': ncr is
constrained to devote it, wholly or in part, to public use without compensa-
tion, as where carriers are required to furnish free transportation of per-
sons or goods under certain circumstances, or \•.•here the value of an exclu-
sive franchise (see Art. XII, Sec. 11.) is destroyed by government competi-
tion.(•

Meaning of equal protection of the laws.

Equal protection of the laws !:iigni5es that "all per~on s subject to legis-
lation shoukl be treated' aliki; under like circum stances and conditions
both \n t he privileges conferred and liabilities imposed .··::

~se Malcolm, Phil. r.onstitutional Law, pp. 324-:l:<>:-

~ Black. Constitutional Law, 3rd cd., pp. 577-575. T~;nor io ,·s. !vlanila Railroad, 22 Phil.
411; see Art. III, Sec. 9; Art. XJI, Sees. 3, 17, and lb: An. XIII, Sees. l, 4, and 9 which, among
other~> constitutionally limit the right to su bstan~ivc due proce:i<!> in property.
'~1 Cooley 824-825.
80 'l'EXTBOOK ON T HE PHILIPPINE CONSTITUTION Sec. 1

The gua·rantee does not require that persons or things different in fact
be treated in law as though they were the same. Indeed, inequality will
result if the law will treat them alike as when different net incomes (e.g.,
PlOO,OOO and PlO,OOO) are taxed at the same amount. What it prohibits is
class legislation, which discriminates against some and favors others whe n
both are similarly !'iituated or circumstanced. Thus, for example, a law
imposing professional tax of PlOO on lawyer s (or any profession) residing in
Manila and P75 on lawyers residing outside Metro Manila is within the
prohibition as it is patently discriminatory and unreasonable, since they
are still "similarly situated," their places of residence being totally irrel-
evant to the amount of tax that Hhould be paid.

Reasonable classification permitted.

Where there arc reasonable grounds for so doing, persons or their
properties may be grouped into classes to each of which special legal rights
or liabil ities may be attached. 11 No violation is committed as long as the
classification is .reasonable, not .atibitrary or capricious. Thus, t here is no
denial of the protection where under the law -
(1 ) foreign corporations are made to pay higher amount of taxes than
that paid by domestic corporations;
(2) certain professions (e.g., su mo \vrestling) are limited to persons of
t he male sex ;
(3) certai n privileges for leaves and shorter hours of labor extended to
women (by reason of the physical structure a nd maternal function s of
women) a re not extended to men; 12
(4) preference is l{iven to Fj]ipino citizens las against aliens) in the
lea se of public market stalls; 1a
(5) different professions are taxed at di f~r e nt amounts; 14 and
(6) employment in factories of children under designated ages is pro-
hibted. 1~

Scope of the guarantee.

(1) The prohibiti on contain ed in the guarantee of equal protection (and
due process of law Jtr. is a restraint on all the organs of the government and

:3 Willoughby 1937.
1

Am . •Tur. 177-178.
: 2 12
i:JCo Chiong vs. Cuadcrno, Ha Phil. 242.
1
'Se ~ R.A. No. 7160 (Local Government Code}, Sections 139, 151.
1
~ Pr e s. Decree No. 442 (Labor Code of th e Philippines I. as amended, Article 13.
16lo many cases, laws which have been held invalid as denying due process oflaw have ah;o

been held All denying equal protection ofthc laws or r;ice L'er.~a Both guarantees provide for broad
standards of fairness but where th~ arbitrary gov<!rnmental action takes the form of un war-
ranted partia lity or undue favoritism, it is more appropriate to impugn such act on the ground of
denial of equal protecti()n. I see 3 Willoughby 1929. l
Sec. 2 ART. III. - BILL OF RIGHTS 81

on the subordinate instrumentalities and subdivisions thereof, and on the

t hree inherent powers of governments, i.e., police power, taxation, and
eminent domain; 17 (infra.)
(2) The guarantee is available to a11 persons. Aliens are thus includPd;
so are pl'ivate corporations in so far as their property is concerned. 18 But
r.n_unicipal corporations, being a creature of the State, cannot invoke the
protection;
(3) ILdoes. rurt._exteruLt.o.. righis...w.hich J'l.I:~mUitC The State is not
prevented from restricting the enjoyment of political privileges (e.g., right
to vote) tO such classes of i tl'l citizens as it may see fi t; and
(4 ) It is also not intended to enforce social equality. While all persons
are equal in worth, they are not equal in all things, (see Art. XIII, Sec. 1.)

SEC. 2. The right of t h e people to be secure in their persons,

houses, papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose shaH be invio-
lable, and no search w arrant or warrant of arrest shall issue
exce pt upon probable cause to be determined p er sonally by the
judge after examination under oath or affirmation of the com-
plainant and the witnesses be may produce, a nd particularly
describing the place to be searched and the p ersons or things to
be seized.

Meaning of search warrant and warrant

of arrest.
(1) A search warrant is an order in writing, issued in t h e name of t_he
People ofth.e Phil!p tn~s , signed by a judge and directed to a ·peace officer,

t he court.1 -
commanding him to s earch for certain person al property and bring it M ore

(2) If the command is to arrest a person designated, i.e., to take him

into custody in order that h e may be bound to answer for the commission of
an offense, the written order is cale d.-u~rqnt o{arrept. 2

Scope of the protection.

( 1) ..?ersons. -The protection applies to everybody, to citizens as well
as aliens in the Philippines, whether accused of crime or not. Corporations
are also entitled to the protection.

17 People vs. Vera, 65 Phil. 56.

1
~S mith Bell v!:l. Natividad, 110 Phil. 136. (see 3 Willoughby \929.)
1
See Rules of Court, Rule 126, Sec. 1.
¥See Ibid., Rule 113, Sec. 1.
 TEXTBOOK ON THE PHILN< ~ CONSTTTUTION Soc. 2

(2) Houses. - - The protection is not limited co dwelling houses but

extends to a garage, warehouse, s hop, store, office, and even a sa fety
deposit vault.a It does not extend, however, to the open spaces and fi~ld.
belonging to one. 4
(3) Papers and effect. - They include sealed letters and packages in
the mail which may be opened and examin ed only in pursuance of a valid
search warrant.:>

When search and seizure unreasonable.

In general, all illegal ~ea rche s a nd seizures are unreasonable while
lawful ones are r easonable. A sea rch or seizure ma de without a search
warrant is not necessarily illegal , and one made under a search warrant is
not necessarily legal.
What constitutes a reasonablf! or unreasonable search or s~ izure in any
particular case is a _purel~ica question (i. e., only courts are empow-
ered to r ule upon), determinable from a consideration of the circumstances
involved.

""Requisites for valid search warrant

or warrant of arrest.
They are:
q) lt must be issued upon probable cau ~e;

(~l The probable cause must be determ ined per!'lonally by th e judge

himself;fi
(3) Such determinatio n of the exjstenct- c.f probable cause must he
macte after examination by the judge of the com p!ai na nt and the witnessr>s
he may produce; and ·
(4) The warrant must partit:ula rly describE- th e place to be :::earched,
and the persons or things to be seized.
The law prohibits the issuance of a seal'ch warrc.nt fur more than one
:specific offe nse. 7

3
56 c ..J. 1166.
' He::.t cr ,., .Un ited States. 205 U.S. 57.
'•Ex Parte Johnson, 96 U.S. 727; sec Sec. all).
';Only the judge C!lll validly determine the existence of probable cause for the issuance of
a war ran t of a rrest or search warrant and he must $0 det.e:-mine per;;onally.
7
Rules (If Court, Rule 126, Sec. 3. Such a s for "illegal traffic of narcotics and contraband''
which is a generic tf'rm covering all f{Oods exported from or imported into the country
contrary to a pplicable f;latntes. N't~ces saril y' t hen, more tha n one o f~nse could arise from the
activ ity designated. (C•1stro vs. P;lba.lan, L-281i42, April 30, 1976.)
 ART. III. - BILL OF RIGHTS 8 :~

Meaning of probable cause.

By probah~ Cf4M~Ke is meant such facts and circumstances antecedent to
the issuance of a warrant sufficie nt in themselves to induce a cautious man
to rely upon them and act in pursuance thereof. 8
It·presupposes the introduction of competent proof that the party against
whom a warrant is sought to be issued has performed particular acts, or
committed specif'ic omissions, violating a given provision of our criminal
laws ."

Sufficiency of affidavit upon which warrant

is. based.
I
)'he true test of suffi ciency of an affidavit to warrant issuance of a
settrch warrant is whether it had been'drawn in such manner that perjury
could be charged thereon and affiant be held liable for damages caused.
Thus, where it was shown that in the application sworn to, the affiant
made his own personal inves tigation, and testified that at his own knowl-
edge , he knew that the accused was lending money without a license,
cha r ging us urious r ates of in ter est , a nd was keeping and using books of
a ccounts and records rela tive to h is activities as money lender, his affidavit
was considered sufficient for he could be liable for perjury if the facts
turned out to be not as stated under oath. 10
'fhe affidavit is .insufficient if it is based on mere information and
belief, or on mere hearsay .11

Sufficiency of description.
(1 ) .El~e_ - A description ofthe place to be searched is sufficient if th e
officer with a s earch warrant can. with reasonable effort , ascertain a nd
identify the place intended. Thus, it has been held that the description of
the building to be searched as "building No. 123 Rizal Avenue, Manila .. is a
sufficient designation of th e premises to be searched .12
(2) Person. -As a rule, a wa rrant of arrest for the apprehension of an
unnamed party upon whom it is to be served is void except. in those cases
where it contains a description of the person or such as will enable the
officer to identify the accused. Accordingly, in a case where the search
warrant stated that John Doe (used when the name of the person is
unknown ) had gambling apparat u s in his possession in the building occu-

"Al va rez vs. CFI, 66 Phil. 33; U.S . vs. Addison. 2H PhiL :36o.
~La Chemise Lacoste If>'. FernAnde:.:, 129 SCRA :l7J. ~fa,· :21. 1984 ; Stonehill vs. Diokno,
?,() SCRA :383, June 19, 1967. Thi ~ degree of proof i>- lower than prima facie. (see S€c. 14[2];
Art. XVlll, Sec. 26, par. 2.)
l"Yec Sue Koy vs. Almeda, 70 Phil. 141.
~ 'Alvarez vs. CFI. 64 Phil. 3:3.
1
~ P eo plc vs. Veloso, 48 Phil. 169.
84 Tl<~XHOK ON THE PHILIPPINE CONSTITUTION Sec. 2

pied b.v him at J 24 Calle Arzohi spo, City of Manila and as this John Doe
was .Jose M. Ve loso, the manager of the club, the police could identify John
Doe as Jose M . Veloso without diffi culty. 1:1
(3) Property. - - The description of t he property is required to be spe-
cific only in so far as the circumstances will ordinarily allow. It has been
held t hat where by th8 natme 1>f thE:! property to be seized, the description
mul::lt be rath et:··general, it is no t r equi red that a technical description be
given as thiR would mean no search warrant could issue. Thus , in a case,
the dc::;cription "that there are being kept in said pre misc~ hooks, receipts,
lists, charts and other p ap ~rs used by him in connection \Vith his acti vities
as money lender , charging <1 usurio us rate of interest, in violation of the
law" was con ~ ider s ufficient becau se the omcer of the law who executed
the wanant was thereby placed in n poRition en abling him to identify the
articles, which he did. l-1
But: a search warrant which d escribed the effects to be searched a s
"fin ancia l records, vouchers, x ~ x andior typewriters ::;howing all busin ess
transactions including disbursemen ts, receipts, balance sheets and related
profits and loss s tatements" was held invalid as it authorized the seizure of
records pertaining to all busin.es.-; tran sactions of the persons n a med r e-
gardless of whether the t ransactions Wf!re legal or illegal. It is a general
warrant because it do~ s not particularly describe the things to be seized. 1o·,

Right against unreasonable search

and seizure, personal.
(l i Thl:' legality of a scMch and seizure co n be contested only by the
party whose pt- ~ )·sonal rights wey·e involved. Con6equently, one who is not
the owner, le s~c or Ia wfu1 occupant. of premi ses searched ~an ,)t rais e t he
question whether thf~r e has been an unlawful search or seizure, 1"

(2) Without a prope1· search warrant (see requisites), no public official

has the right to enter t ht ~ premises of a n oth er without his con sent for t he
purpose of sean:h and ;;eizure. It. does not admit of doubt, therefore, that a
sea rch or seizure cann()t be considered as u n..reasonable a nd thus offensive
to the Constit.nt.ion if consent be shown . .F or this im munity from unwar-
ranted intrus ion i!' a per so nal right which may be waived, either expressly
or implied1y. 17

• 1/;id.
" Alvarez v ~ C f.'J, 64 Phil. :35; People vs. Rubio, 57 Phil. :~RI)
'·\Stonehill v .~ Diokno, 20 SCRA a8:~ . Ju ne HJ, 1967. It ha,: bee n held that th e requiRite
ao; t.o a panir1tlar desc rip tion () { t.hc thi ng:; tn. be sc iJ.!:!d wa;; not co mplied with hy a search
warr ant is:;ucd for ·'!lar coti c!i a nd othnr w n traha nd" liS they may comprehend any personal
property . ii<E:'t• Ca!ilro ''·'· P ah al,.n. L·2HH·12. April 30, 19 76 .;
'"Sci' 47 Am . •Tnr. 50B.
' '1Lopwl ,·s. Conun. l>f Cu!'-t<Hns. L·27968, Dec. ;l, 1975.
Sec. 2 ART . 111.- BILL OF RIGHTS 85

~ - ~!U . n.~t!Jrmay be mi!_f1 .~

~!n.QI:LwraJ
In the following instances:
(1? Where there is consent or waiver; 18
(2') Where search is an incid ent to a lawful arrest;l 9
/
(3) In the case of contraband or forfeited goods being transported oy
ship, automobile, or other vehicle , where the officer m aking it has reason-
able cause for believing that the latter cont ains th em, in view of the
difficulty attendant to securing a search warrant;20
(4-( Where, without a search, the possession of ar ticles prohibited by
law i.s disclosed to plain view or is open to eye and hand; 21
(5)' As an incident of ins pection, supervision and regulation in the
exercise of police power (see Sec. 9.) such as inspection of restaurants by
health officers, of factories by labor inspectors, etc. The same thing may be
said of inspection of books of accounts by revenue cxaminers;22 and
(6) Routinary searches usually 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. 23

\!h.e.n ar!.~l ma_y: be made without warrant.

A peace officer or priva te person .may, without. a wanant, arrest a
person:
U) When, in his presence, the person to he arrested has committed, is
actua lly committing, or is attempting to commit. an offense;
~ 2 ) When an offens e has in fact just been committed and he has per-
sonal knowledge of facts indicating t hat t he person to be a rrested 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. 24
The accompanying search and seizure of the effect s (e.g., stolen goods)
or instruments (e.g., gun, knife) of the crime shall also be lawful although
done without a search wa~rnt J!_Li,t. j~Q incident to _ajawfuLarrest.

16
People vs. Malasugui, 63 Phil. 223.
19
Alvaro vs. Dizon, 76 Phil. 837; Rules of Court, Rule ll a.
wr..1 agon<'ia vs. Palacio, 80 l'hil. 770.
2 'State vs. Quina, 97 S.E. 62.

22See Can don vs. Blait·, 48 F. 2d 648.

2
~Se 47 Am. Jur. 513-515.
~ 'Rules of Court. Rule 11 3, Sec. 5.
86 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Ser.. 3

SEC. 3. (1) The privacy of communication and correspond-

ence shall be inviolable except upon lawful order of the court, or
when public safety or order requires otherwise as prescribed by
law.
(2) Any evidence obtained in violation of this or the preced-
ing section shall be inadmissible for any purpose in any proceed-
ing.

Meaning of right of privacy.

Th~ r.tghJ g[priJ.~ is concisely defined as the right to be left alone. It .
has also been defined as the right of a person to be free from undesired
publicity, or disclosure and as the right to live without unwarranted inter-
ference by the public in matters with which the public is not necessarily
concerned. 1

Basis and purpose of the provision.

( 1) The right to privacy is considered as belonging to that class of
rights which every human being possesses in his natural f.;tate and which
he does not lose or surrender by becoming a member of organized society. It
has its foundation in the belief in a person's inherent right to enjoy his
private life without having incidents relative thereto made public against
his will.
The right has been equated with the right to live as one chooses under
the law free from interference in the pursuit of one's choice.
(2) By the above constitutional provision, there is an express recogni-
tion that persons may communicate and correspond with each other with-
out the State having a right to .J!!:Y.into such communication and corre-
spondence2subject to the ever pervading police power ofthe State. (see Sec.
9, iit{ra.) Letters and messages are usually carried by the agencies of the
government and unless adequate safeguards are provided for, their privacy
may be eventually violated and great harm inflicted upon the citizen as a
result. 3

Relationship with right against unreasonable

searches and seizures.
The constitutional provision on the right of. privacy complements or
implements the security of the citizen against unreasonable searches and
seizures. The right is but an aspect of the right to be secure in one's
person. 4

'See 41 Am. Jur. 925.

2
Taiiada and Fernando, op. cit., p. 260.
3
Laurcl, Political Social Problems {19a8), p. 59.
•Material Distributors, Inc. vs. Natividad. 84 Phil. 127.
 Sec. 3 ART. ITT. - BILL OF RIGHTS

It has specific reference to forms of communication <e.g., telephone,

radio, etc.) while the latter is directed primarily against search oftangi.ble,
material objects, his person, houses, papers, or effects. Thus, it is violative
of the guarantee given by the privacy provision to admit evidence obtained
by tapping of the telephone wires, 5 or through the use of a detectaphone. 6
Here, there is no taking or seizure of tangible and material objects. 7 The
evidence is taken only through the sense of he aring.~ But the technique
employed likewise constitutes ''search and seizure" under Section 2. 9

t"umitations on the right.

The right is not violated when the interference is made:
(_1) Upon lawful order of the court; or
(.2') When public safety or order requires otherwise at; prescribed by
law. (Sec. 3[1].)
The first limitation mu!:lt be interpreted in the light of the require-
ments for the issuance of a search warrant. (supra.) The second limitation
means that the right is subject to the police power of the State (see Sec. 9.),
and in this case, the intervention of the court is not essential. The judicial
process is slow. Thus, while the judge is contemplating his decision, the
"objectionable" materials may already be causing damage that could easily
have been averted otherwise. However, the exercise of the pow('r by an
executive officer without court order is subject to judicial review where the
existence of the limitation is being questioned by an aggrieved party. 10

!.;Y~ . n~ !J~gly_Qtaine.
(1) l.Iw1imissi.ble. - Any evidence obtd'ined in violation of the right
against unreasonable search and seizure and the right to privacy of com-
munication and correspondence is i~adm sible for any purpose in any
proceeding (Sec. 4[2). ), judicial or administrative.
(2) B~asq_n. --The reason for the inadmissibility of evidence competent
as such, which has been u.nla.w.fully acquired, is that its exclusion i~ the
only practical way of enforcing the constitutional guarantees. The action
tor damages against the erring officers, their criminal punishment, and
such ot.hcr remedies as may be provided by law , do not. always afford
sufficient protection against their violation .ll

·' See Olmstead vs. U.S., 277 U .S . 438.

•A device with a receiver so d elicate that when placed agai n:<l a J)llrtilion wa ll it could
pick up !>Ound wave:; originating in another room.
;Sec Goldman vs. U.S., 316 U.S. 29.
•Republic Ad !\"o. 4200 (.Tun~: 19, 1965.) pcnaliz~),; wirt~·ap ing nnd other related viola-
tions of the privacy of <'ommunication.
•Katz vs. U.S., 389 U.S. a47.
"lf-ior. Lukban v;;. Villavicencio, 39 Phi.!. 778.
1
Se~ St.onehill vs. Diokno, L-19550, Jnne 19, 1967.
88 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 4

( ~) Right of owner. - Since evidence obtained illega lly is not admissi-

ble, the owner has a right that the articles seized be return!!_d, unless they
are in themselves prohibited or forbidden by law such as illegal drugs,
unlicensed firearms , etc.

SEC. 4. No law s hall be passed abridging the freedom of

speech, of expression, or of the press, or the right of the people
peaceably to assemble and petition the government for redress
of grievances.

Meaning of freedom of speech, of expression,

and of the press.
The constitutional freedom of speech and expression, and of the press,
otherwise known as the freedom of expression, implies the right to fre ely
utter and publish whatever one pleases without previous restraint, and to
be protecte d against any responsibility for so doing as long as it does not
violate the law , or injure someone's character, reputation or business.
It also includes the right to circulate what is published.

Scope of freedom of expression.

The constitutional guarantee of freedom of expression includes the
specific guarantees of free speech and free press, the rights of assembly
and petition, the right to form associations or societies not contrary to law,
and the right to religious freedom.

Scope of terms "speech," "expression".

and "press."
( 1) "Speech" and "expression'' include any form of oral utterances .
They cover picketing for by it one silently expresses what he has in mind,
display of a flag, and salute to the flag. They also embrace expression by
means of motion picture.
(2) The "press" covers e,·ery sort of publications: newspapers, period-
icals, magazines, books, handbills, leaflets, etc . Radio and television as
instruments of mass communication may also be included within this term.

Importance of the guarantee.

(1) Promotes growth ol the indiuidual and the nation . -If man is not
free to communicate his ideas to others, not on ly is l:is own moral and
intelle-:tual development stifled but his fellowmen are deprived of the
benefit and stimulation which he might impart to them. And unless indi-
viduals are at liberty to discuss the various issues that confront the com-
munity, the government, and the whole web of social relationships, the
search for truth and perfection is impeded.
 t;M
Sec. 4 ART. III. - BILL OF H.lGHTS 89

Freedom of express ion is, therefore, an inalienable human right that

flows from t he very nature of man. As such , it must be nurtured and
protected by t.he State. 1 Without the right, the full and proper growth of the
individual, nay, the nation is invariably stunted.
(2) Makes possible, scrutiny of acts and conduct of public officials. -
"No one can doubt the importance of the right: (a) to canvass the acts of
public men and the tendency of public measur es, (b) to censure boldly th e
conduct of rulers, and (c) to scrutinize the policies and plans of the govern-
ment. If we would preserve [this right], public opinion must be enlightened;
political vigilance must be encouraged." 2
(3) In.c; u res a respon.c;i ue and popular governmen t. - It is only through
free debate and free exchange of ideas that a government r~mains respon-
sive to the will of the people and peaceful change is effected.3 The people
must be able to voice their sentiments and aspirations so that they may
become active particip a nts in the political process (i.e., public discussions ,
referenda, initiatives , recalls , plebiscites and elections) as well as in na-
tional development.

Freedom of expression not absolute.

The right of freedo m of speech and of the press is essential to the
preservation and operation of a stable demO<:racy; but even this right is n ot
absolute at a ll times and under all circumstances. It is always subject to
some regulation by the State in order that it m ay not be injurious to the
r ight of the community or society; and this power may be exercised under
the police power
......
of the State to promote or protect the public welfa re .
Any one who s landers or libels another may be penalized. Furthermore,
"lewd and obscene" speech is not entitled to constitutional protection nor
are "fighting words," words that by their very utterance injur e a nd provoke
others to attack. One has no right to stand up in a crowded theater and yell
"fire" merely to see the confusion and possible panic that will result.
Seditious speeches are also outside the protection of the Constitution .
Were the right to free speech absolute, he ca nnot be prosecuted for he
would only be exercising his freed om of speech.

Abridgment of freedom of speeCh

and of the press.
The abridgment of tb~ liberty, however, can be justified only where
there exists substantial danger that the speech will likely lead to an evil
the government has a right to prevent. This is known as "the clear and
l.\~§entdagr:' How substantial the danger must be and ·trnmediate
the evil results, depends upon the n ature of t he interest t hreatened.

'Schmandt and Steinhicker, op. cit., pp. 16:1-164

2
Taiiadll. a nd Fernando, p. 313, citing Story .
3
Do J onge vs. Oregon, 299 U.S. :3fi:i .
90 TEXTBOOK ON THF; PHTLIPPJN.E CONSTITUTION Sec. 4

For example, persons di stributing handbill s announcing a public m eet-

ing may not be denied the rig~t to do so merely because there is a clear and
present danger that the streets will become cJuttered. A town or city has
the right to keep its streets clean. but the interest in clean streets does not
justify suppression of spee<:h.
On the other hand, a conspiratorial group may be punished for publicly
advocating violent overthrow of the government, even though the likeli-
hood of such an overthr ow is remote. The interest in preserving our gover n-
ment against violent overthrmv is more substant ia l t.han that in keeping
streets clean. The former justifies restrictions ::. m speech even when the
danger is remote, whereas the latter docs not justify restriction even when
the danger is immediate. 4 But where the seditious words do not pose a clear
and present danger t.o the State as when they were uttered before a group
of old men and women, the utterances may not be punishable.

Meaning of right of assembly and right

of petition.
(1 ) The. r.igh.t of_q.J>Sfa_n_Q(y moans the righ t on the part of the citizens t.o
meet peaceably for consultation in respect to public affairs. 5
(2) The right. of_.peti.ti.fm means t he r ight of a ny person or group of
persons to apply, without fear of penalty, to the appropriate branch or
office of the government for redress of grievances. 6

Relationship with freedom of speech

and of the press.
The right to assemble and the right to petition are necessary con-
sequences of our republican institution and the complement of the right of
fr ee speech.' All these rights while not id en t ical, are cognate a nd insepara-
bl e.8
As in the case of fret:'dom of speech and of the press. the rights of
assembly and petition include at the very least, immunity from previous
restraint and against any subsequent punishment. for thl'ir exercise except
that it may be restrained or interfered with when thf·re is a clear and
pre~nt danger of a substantive evil that the State or go\·ernment has a
right to prevent under jts police power. (see Sec. 9.1

"'S('e Corwin and Pel1a:::on, l:nderslanding th~ ConAilution, p. 121.

5
Th~ Public .Assombly Act. <B.P. Blg.,880.) defines guidtlint•s whereby local officials may
grant pct'mits for ralli<:s. A city rn· town rnayior can approve or o"l•j('ct a petition to hold a rally
three days befoye it is scheduled. Every re,iedion must be accompanied hy a written explana-
ticn. Petitioners may app ..al the mat . ,~r 1.11 the l'Ottrts. which have :24 hours to decide it. A
mayor has 48 hour:; to makf! tht deeision.
~ United ~hatE:'s vs. Bu!\tfls, 37 Phil. nJ.
' Ibid.
' 16 Am .•Tur. t379-68(l.
Sec. 5 ART. III.- BILL OF RIGHTS 91

It has been held that any !'ltatute or ordinance authorizing an adminis-

trative official at his own di1u:retion to grant or refuse a permit for the use
of streets and other public places for processions, parades, or meetings,
there being no standards required of said offi<.:ial to follow in deciding
whether to grant or use s uch a permit, is a violation of the right of
assembly. Under our democratic society, no such unlimited and unregu-
lated power may be validly granted. 9

SEC. 5. No law shall b e made respecting an establishment of

religion, or prohibiting the free exercise thereof. The free exer-
cise and enjoyment of religious profession and wot·ship, without
discrimination or preference, shall forever be allowed. No reli-
gious test shall be required for the exercise of civil or political
rights.

Meaning of religious freedom.

The constitutional guarantee of religious freedom is the right of a man
to worship God, and to entertain such religious views as appeal to his
individual conscience, without dictation or interfer ence by any person or
power, civil or ecclesiastical. 1
It forbids restriction by law or regulation of freedom of conscience and
freedom to adhere to such religious organization or form of worship as the
individual may choose.2

Meaning of religion.
B~ligt.on_ in its broadest sense, includes all forms of belief in th e
existence of superior beings exercising power over human beings and
impoBing rules of conduct with future state of rewards or punishments."
It has 1·eference to one's views of his relations to his Creator , and to the
obligations they impose of reverence to His being and character and of
obedience to His will. 4

Aspects of religious freedom. !_;

As guaranteed by the Constitution, religious freedom ha~ two aspects,

namely:
,().) The s eparation of Church and State secured in the fi r st sentence of
t ha·provision; and

0
See Primicias vs. Fugoso, SO Phil. 71.

116 Am. Jur. 648.

2
Cantwell vs. Connecticut, 310 U.S. 2~6.
~Ibid.
•Aglipay vs. Ruiz, 64 Phil. 201.
92 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 5

(2) The fr eedom of religious profession and wor ship , in the second
sentence of the provision.
The first aspect is discussed under Article II, Section 6 (sup ra.) which
declares t hat "the separation of Church and State shall be inviolable."

Freedom of religious profession

and worship.
It bas two aspects, namely:
(1) EI:u.do.m to .belieqe in a religion.. - Everyone has absolute right to
believe whatever h e wishes. A state may not com pel a religious belief n or
deny a ny person any right or pri vilege because of his beliefs or lack of
them. It cannot inquire into the truth or vahdity of a religious doctrine.
The theory is that a religious belief by itself cannot in a ny degree affect
public interest; and
(2) F..r.eedam J.Q qct in accordance u:ith such belief -The r ight to act in
accordance with one's belie{ is. iiot.. and ·cannoCb'e_,.. absolute.
·-·- ..---·., Conduct re-
mains subject to r egulation and even prohibition for t he protection of
s ociety.s Religion may not be used to justify action or refus al to act incon-
sistent with the public safety, hc~t, mora ls, or general welfare of society,
or violative of the crimnal~w . :t'hus, no one has a right t o refuse to defe nd
the country in time ofwar, .to refuse to pay taxes, or to practice polygamy,
o-r to invade the right of othe rs even in the name of religion. P ersons may
resort to prayers for the healing of the sick but this religious right may not
be fraudulently used as a cloak to e ngage in heali ng for commerci$1.} pur-
pose u s ing prayer and such religious rites as a curative agency. 6
,· I t has been held , however , t h at it is violative of r eligious fr eedom to
compel one to salutfl the flag, sing the national anthem and recite the
patriotic pledge, during a flag cere mony on pain of being dismissed from
one's job or of being expelled from school, when these a re considered as
" ru:ts ..af..Yl.P.r§,h.ip" or "religious .devotil:m'' to an image or idol which a re
contrary to h is religion. 7

Dissemination of religious beliefs.

The con stitution al guarantee of the free exercise and enjoyment of r eli-
giou s profession and worship carries with it the right to disseminate r eli-
giou:s beliefs and information. The right to believe a nd to worship would be
incomplete without the constitutional right to sh ate one's views with oth-
en and to seek to win them to one's faith , by giving analysis of contra ry
views a nd by solicitation of finan cial assistance in carrying the truth to
others.'

sSee- Car.twe:l ,-s. Connecti cut. 3 10 U.S. 296.

•See People , .3. Dit>l. (CAl 44 O.G. 590, Aug . 22. 1947.
' Ebralinag ,., . Di 'ision Superintendent of Schools of Cebu, 219 SCRA 256 (1993 ).
;Cooley. p. 96;}
Sec. 5 ART. lll. - BILL OF RIGHTS 93

Any restraint on the right to disseminate religious ideas and informa-

tion can only be justified (like other restraints on free dom of expression,
supra.) on the ground that there is a clear a nd present danger of any
substantive evil (e.g., disruption of public peace) which the State has the
right to prevent. 9 To provide public officials, for instance, with discretion-
ary power to grant or withhold pe1·mits for distribution of religious publica-
tion would be abridging freedom of religion (and of the press, and of
speech).
Any infringement of religious freedom may be justified only to the
smallest extent necessary to avoid grave danger to public welfare and
security.10

License fee or tax on sale

of religious articles.
(1)Permission or condition for exercise of right. -The right of a person
to believe carries with it the right to disseminate his beliefs. The imposi-
tion oflicense or permit fees on the sale or peddling by a religious organiza-
tion of religious literature and other materials from house to house, con-
ducted not for purpose of profit, would impair t he constitutional guarantee
of the free exercise and enjoyment or religious profession and worship.11
The right to peddle religious information is similar to the right of the priest
or minister to preach a sermon in his church. 12
As a license fee is fixe d in amount and has nothing to do with the
r eceipts or income of the taxpayer, such fee , when a pplied to a r eligious
sect, would, in effect, be imposed as a condition for the exercise of the sect's
right under the Constitution. 13
(2) Imposition of financial burden after exercise of right. - The Consti-
tut.ion, in Section 5, does not, however , prohibit imposing a tax on the sale
of religious materials by a religious organization. Such tax, unlike a license
fee, does not restrain in advance the exercise of religious fre edom . : ~ It is
generally applicable to all, and imposed after t he activity taxed is com-
pleted, and the fact that the activity is conducted by a religious sect is only
incidental.

Religious test prohibited.

The Constitution expressly provides that "no religious test shall be
r equired fo r the exercise of civil or political rights.'' I Sec. 5.)

9
A~.r _i.c;~ pJ~ibl t_.l:J .aciet y vs. City of Maniln, 101 P hil. 386.
10
Anuccnsion vs. National Labor Union, 80 SCRA 330 •19771.
"American Bible Society vs. City of Manila. supra.
' 2 Murdock vs. P.::nnsylvania, 319 .U.S. 105.
'"Tolentino vs. Secretary of Finance. 54 SC'AD 6il , 235 SCRA 630 (1994).
"ibid.
94 TEXTBOOK 0:-.J THE PIIILIPPINE CONSTITUTION Sec. 6

(1) A religious t.est is one demanding the avowal or r epudiation of

certain re iigious beliefs before the performance of a ny act. 15 Thus, under
t his injunction, laws prescribing the qualifica tion of public officials or
employees, whether appointive or elective, or of voters, may n ot contain
r equirements of religiout-1 beliefs.
{ 2 ) The e~p:r13ion civil ar p qf:Uicq,l riglt_(c; (s upra.) is to be understood
as includi ng the individual rights safeguarded by the Constitution a n d
statutory laws.
T he reason for the provision is easy to understand. Without s uch
pr ohibition, r eligious freedom becomes meaningless. The State, without
such a bar, notwithstanding the doctrine of its separation from the Church,
could in fact a ccord prefe rence to a r eligious orga nization .16

SEC. 6. The liberty of abode and of changing the same within

the limits prescribed by law shall not be impaired except upon
lawful orde r of the court. Neither shall the right to travel be
impaired e xcept in the interest of national security, public
safety, or public health, as may be provided by law.

Meaning of liberty abode and travel.

:. / ;

T he liberty of ~ t.w si _f:.U Jtl .J£1 is the right of a person to have h is home
in wh a tever pl ace chosen by him a nd thereafter to change it a t will , and t o
go where he pleases, ·vithout interference from any source.
:The right is qualified, however , by the clauses "except upon lawful
or der of the court" a nd "except in the interest of nationa l security, public
safety, or public health as may be provided by law." (Sec. 6. )
The 193 5 Constitution tipeaks only of the liberty of abode. The right
now in cludes the right t o travel. 1

limitations on the right.

The phrases "~ ~ ep t l!P.9 l ~a ~f ul
order of t he cou_rt" a nd " ~ . ~ l?.t _ i!.t~
in t er ~ st ~f tiec~
.-~ ~ e_!:y, or E_~ ,.Ql! _c __p_ealth" means, in
, P. 19iel
other words, subjecft'i:rthe domina nt police power (see Sec. 9, infra.) of t he
State. Thus, the lawmaking body may by law provide for the observance of
curfew hou rs in ti me of war or national e mergency, the commitment of
mentally der anged p2rsons to a mental institution, the confinement of

,,;Corwin, The Constitu tion and What l t Means Today, p. 151.

1
"1'a nada vs. Ferna ndo. p. 283. Reason a nd the common good manda te that p ublic
officials a nd e mplo ye ~; part icularly those occupying high positions in the governUlent should
m eal certain moral st.andard1;-.

;Salonga vs. Her mo!Sa. 97 SCRA 121 (1980).

St' C. 1 ART. 111. - BTLL OF TUGHTS 95

those with communicahle diseases to a hospital, the arrest and d etention of

persons accused of crimes, etc.
Note that under the second limitation, a cnurt order is not necessary.
The determination of the proper executive officer (e.g., President) is subject
to judicial review .2
A person whose liberty of abode is violated may petition for a wl'it of
habeas corpus (see Sec. 15.} against another holding him in dete n tion.:1

SEC. 7. The right of the p eople to information on matters of

public concern shall be r ecognized. Access to official records,
and to doc uments, and pape rs pertaining to official acts, trans·
actions, or decisions, as well as to government research data
used as b asis for policy d eve lopment, shall be afforded the
citizen, subject to such limita tions as may be provided by law.

Right to information on matters

of public concern.
The right of access in the above prov1s1on imp f~lents the right to
information. The a rguments gi ven for the inclusion <~tion 6 (now Sec.
7.) in the 1973 Constitution are:
<_1 ) It is in consonance with the principle of popuJc... s-overeignty. In a
democr atic society, th e sovereign people have th e r i gJ< ~ of access to the
rP.cor ds of their government;
(Jl) It will enable the people to participate more effectively i n govern-
mental affairs especially in questioning the acts of the authorities;
($) It will make denunciation of government more factual, r esponsible,
and effective;
(1') It will provide a detcrnmt to the commission of venalities because
of the resulting awar eness of officials that their acts wilJ be exposed to the
full light of public scrutiny; 1 and
($-) It will n ~ duce public su ~ pico n of otlicia ls and thus fo ster ruppol't
and harmony between the government and the people. 2
In view of Section 7, there can be no doubt as to the \onstitutionality of
any law making the refusal t o gi.vt- such information or denial of access
the reto a punishable offense.

~sec Villavicencio vs. Lukban, 39 Phil. 778 (191!h

J[bid.; Cauncn. V l'l. Salazar, 82 P hil. 851.

Sec Val mon te v~ . Belmont e, J r ., 170 SCRA 256 1 19~

1 1.

Committ<!e on General Provi!!itn\!'. Report ?"o. 2. :'olv\'. :-!0, 1971, 1971 Comai tutional
~ sec
Co nvention.
96 TEXTBOOK ON 'l'HE PHILIPPINE CONS'riTUTTON Sec. 8

Scope of the right.

(.1) The right embraces all public records;
(2) It is limited to citizens only but is without prejudice to the right of
aliens to have access to records of cases where they are litigants; and
(3) Its exercise is s ubject to s uch limitations as may be provided by law.

Limitations on the right.

It is re cog ni ~ e d tha t records involving the security of the Sta te or which
are confidential in character should be excepted. Presently, certain public
records are declared confide]lti al either by law or by a dministrative regula-
tions. Instances of these ar~ inc:ome tax r eturns under the National Inter-
n al Revenue Code;'the condition or business of banks under the Central
Bank;3 acfo.u nts perta ining to military intelligence funds; ~ert ain army
r ecords; a ~ . : ~isbarm en t proceedings. (see Art. VI, Sees. 16l4l, 20.)
Any law which prohibits disclosure of information by government agen-
cies must f;trike a healthy balance between the need to afford protection to
vital secrets affecting national interest or security a nd the imperative of
safeguarding the basic right of the people to know about the activities of
their government. I~ line with the constitutional policy to enhance free
flow of information, and to pr omote trans parency in the conduct of public
affairs, the disclosure of information must be the general rule, not the
exceptio n. The burden is on the government to justify the withholding of
information or document, not on the person requesting it .

SEC. 8. The right of the people. including those employed in

the public and private sectors, to form unions, a ssociation s, or
societies for purposes not contrary to law shall not be abridged.

Meaning of right to form associations, etc.

The r: . ighUQ{[]TI, . asocit.D~ is the freedom to organize or to be a
member of a ny group or association , union, or society, and to adopt the
rules which the members judge most appropriate to a chieve their purpose.
With or without the above provision, it may be assumed that this right
exists. It is clear that the right to join an association includes the right to
leave a nd cancel his membership with said orga nization or t<J abstain fr om
j oining one. 1
S.ection. .8 .gr ~QtS K.QY~rJl . m~Il t eiDP . ~ Qyes .the...right.ta.furm labor unios~
!s . ~ .Art,_ I4,. J3~. ~ · ~ [ . 5J

3
See PresidentiA l Decr~ No. 72.
1
See Anucension vs. Natio nal Labor Union, 80 SCRA 350, Nov. 29, 1977.
 Sec. 9 ART. JII. - BILL OF RIGHTS 97
--
Purposes of the guarantee.
(1) Undoubtedly, the purpose of the constitutional guarantee is to
encourage the formation of voluntary associations so that through the
cooperative activities of ind1viduals, the welfare of the nation may be
advanced and the government may thereby receive assistance in its ever·
increasing public service activities. 2
(2) By enabling individuals to unite in the performance of tasks which
singly they would be unable to accomplish, such associations relieve the
government of a vast burden. The needs of the social body seek satisfaction
m one form or the other, and if they are not secured by voluntary means,
the assistance of the government will inevitably be invoked. 3

Limitation on the right.

l'h ~ .J:ighL to f<;>r:m...a.§s<?~if!oP Qf.•fiQ~et ~- ma_y __Q.e_a.b..ddE.f:g .9.r. in~ . ~ r­
fer . d . Yli! ~ hl:a ~. t.hesain ..themis~ . .of.its ~oJic-P.9: (see Sec. 9. ) This
is the meaning of the phrase "f!JS -tmru~a.no . c.antry . to.~ "
Even without the qualification, however, it is deeme d to exis t by virtue
of the inherent power of the State to protect and preserve its existence. But
unless an association or society coald be shown ·to create an imminent
danger to public order, public peace, public morals, Ol' public safety, there
is no justification for abridging the right to form unions, associations or
societ.~

SEC. 9. Private property shall not be taken for public use

without just compensation.

Essential or inherent powers of government.

The totality of governmental power is contained in three (3) great
powe rs, namely: }ln.We.r ..oLeminent domain, police po.w.er, and pa.wel:...Of
~ .e_a,tjQ ~! These powers are similar in the following r espects:
(1 ) They all rest upon necessity because there can be no effect ive
government without them;
(2) They are inherent in sovereignty; hence, they ca n be exercised even
without being expressly granted in the Constitution although the condi-

. Sinco, op. cit .• p. 669.

~ v.G
3
Schmandt and Steinbicker, op. cit., pp. 184-185.
4
Tiu'iada and Fernando, op. <:it., pp. 264-265. lt i:> to he noted th a t there is in the Revised
Penal CodA th~ ~ rime of illegal a!\sociation penalized in Article 147 thereof. As defined in that
article, illegal a~;ocitns are th ose "totally or partially organi~ed for t he purpose of
committing any of the crimes punishable under thi;; Code or for .some purpose contrary to
public morals." Both the officers and members of said association!l are subject to the penal-
ties prescribed therein. Presidentia l Decree ~o. 885 defi nes and outlaws subversive organi·
zations and a ssociations and penalize!:' membership therein.
98 TEXTBOOK ON THE l 'lULIPPINE CONSTITUTION Sec. 9

tions for their exercise may be regulated and limited by the Constitution
and by law;
(3) They are ways by which the State interferes with private rights and
property;
( 4) They are all legislative in character ; a nd
(5) They all presuppose an equivalent compensation1 received, directly
or indirectly, by the person affected by the exercise of these powers by the
government. (infra.)

Meaning of eminent domain.

Eminent domain is the right or power of the State or of thos e to whom
the p ~; · has·b~n lawfully delegated to take (or ex propriate) pr ivate
property for public use u pon paying to the owner a just compe nsation to be
ascertained according to law. (see Art. XII, Sec. 18.)

Conditions for or limitations

upon its exercise.
They a re:
(1) l} ;U$.te rv.: ~se .- Public u se may be identifie d with "public
benefit," "public utility,'' or "public advantage." 2 lt.xnay be ide ntifie4..with
wbatey~_r js .h e neficaly. ..employed fo r th e comm unity :l That the expropria-
tion of a land may actually benefit only a few families, does not dimini sh it s
public use character. It is of no mom ent that the land 8ought to he expropri-
ated is of s mall area, e.g., less t han hai f a h~cta r e only.~ Ifthe property is
t aken by a private corpor ation (e.g .. Meral.co, a public utility given t he
power of eminent domain ) to enable it t o fu rnish the public with some
necessity or conve nience (e.g., electricity), the use is public;
(2) Ptzyment JJL)JJ.s1 c am. p£.1Ji . CJ~ian -- Under the Local Government
Code, 5 t ht:l a mount to be paid for the expropriated p roperty sh a ll be deter-
mined by the proper cou rt, based on the fair market va lu e~ a t the time of
the taking of the property. 7 T he owner may contest in cour t the va lue
determined by the assessC>r; a nd

1 Set- 1 Cooley 27-30.

2 See Guido vs. Ru ral Progr ess Adm., 84 P hil. 8 47 . Presideniia l llecrec No. 1259 (Oct . 2 1,
19 77 ) fur ther defines th e policy oo the expropriRtion of private pr o~ rl. y for ~;oc ia liz ed
housing for t he lower a nd mi<idle class members of ~oc i ety upon paym ent of just compeiH;a-
tion. (see also P res. Decree!\ N o. 757 and 1224.)
~ sena vs. Manila Ra ilroad Co., 42 P hil. 102.
•Philippine Colum bian As<;ociation vs. Panis, 46 SCAD 1002, 229 SCRA 668 ( 1993).
.;R.A. N o. 7160, effective .Jan u a ry I , 1992.
~" E-1i r mark ~t -.;!ilt _ e' is understood to m ean the "price at which a willing !>eller would sell
and a willi ng buyer would bu.Y n eit her b ~ i n g under abno rmal press ure." ·
7
Sec. 15 then•of.
Sec.9 99

(3) Q b:'>e!~anp c1.d'! - ~ . P!.<?~_SJflaUi] _the ~ ta ~ i ng. - Pr ocedural due

process re quires that the owner shall h ave d ue notice and hearing in the
expropriation proceedings. (see Sec. 1.)

Meaning of "taking."
(1) & tWJl.p.hysic.a.l._seizure. ..!l . OLe.s§~ntifJ - "Takin g" u nder th e power
of eminent dom ain refers not si mply to actual physical seizure or a ppro-
priation of the property but also to its destruction or impa irment, or to
limita t ion of its usual a nd necessary employmant or use by its own er , not
a s a consequence of police power. 8 F or example, where airp lanes take off
over land a djacent to air ports at such low levels that the land is no longer
suitable for oth er uses, it has been h eld t hat t here is a "t aking" for which
the government m ust compensate. 9
(2) '!'he "takinrg':_mJJ,s.t.be-dir.ect. -The Constitution does not require that
property losses incident al to the exercise of governmental power be compen-
sated for. For instance, the passage of a rent control law (a police power
measure) could deprive lessors of the right t o charge a higher rent, a nd so
decrease the value of their property but the government is not required to
awa rd compensation. 10 The property must "be ta ken" a s defined above.

Meaning of police power.

eQlice pow.cr h as been referred t o a s the power of the State to enact
such laws or r egulations in relation to persons and property 3S may pro-
mote public health, public mora ls, public safe ty, a nd the general welfare
and convenience of the people.11 .... ,.... ......... ,. ,
-J.._It has been n egatively put forth as the inherent and p len~ r ; power in
the State which enables it to prohibit all things h urtful to the comfort,
safety and welfare of society. 12 ;-s..
'
Basis of police power.
It is bas ed on t wo La t in maxims, sal.u.s .p apu/.i_s_u.prema est le.x. (the
we lfare of the people is the supr eme law),1and ~ ~ - CJt J.fr:e .tuo . u.t nJie.um non
<laedas (so u se your own as not to injure another 's proe rty l. 1 ~ F tlr living in
a civilized s ociety demands that a n individ ual m ust part with some rights
and privileges for the common good. Every citizen of en!ry community
must bear certai n burdens imposed for t he good of al.'~

•u.s. vs. Causby, 328 U.S. 256.

9 Stearns vs. Minnesota, 179 U.S. 22.1.
LOCorwin and Pel tason, Understanding the Consti tut ion. p. 134; e.g., Batao Pambansa
Big . 8 77.
11S ee U.S. vs. Gomez, 31 J:>hil. 218.
1
~ Rub i vs. Provincial Board, 39 Phil. 660.
13See E . ~. Fernando, op. cit .. p. 120.
u s ee Barbeir vs. Con r.olly. 115 U.S. 28.
 100 TEXTBOOK ON THE PHCLIPPINE CONSTITUTION Sec. 9

Illustrations of police power Jaws.

Illustrations of police power statutes or ordinances are gi ven below.
(1) f..y,Q.Jic lte.alth,- -Those regulating the medical profe ssion; provid·
ing for the segregation of lepers; providing maternity leave for wor king
women; limiting the working hours to eight; requiring every building or
premises to be connected with a s anitary sewer system; prohibiting the
sale of fresh meat, except in refrigerated establishments, outside the public
mar kets, etc.;
(2) Euhlkl11J2r:Jlls.. - Those punishing vagrancy and prostitution; pro·
hibiting gambling; providing a license tax for maintenance or operation of
public dance halls ; punishing usury, etc.;
(3) &.blk . s il{£ 1~ - Those requiring a license for the right to drive
motor vehicles; providing for the closure of certain streets to traffic of
animal-drawn vehicles (calesas) ; requiring compulsory military service;
prohibiting the carrying of concealed deadly weapons; authorizing the
demolition of buildings or improvements which constitut e a fire h azard,
etc .;
(4) G~ !J . ~ [ CJ:LY! . eJiC?-!:.f and con!Jenien_Gf. - Those requiring compulsory
registration of lands; authorTiir1g the removal of billboards offensive to
sight; penalizing the turning loose oflarge cattle or permitting them to run
loose in streets and pla zas of municipalities; regulating th e slaughter for
human consumption oflarge cattle still fit for a gricultural work; r egula ting
distance between gasoline stations; regulating prices of commodities a nd
rents of houses, etc. 15

Meaning of taxation.
As a power, ta:«.tJ.i.Ql!: is the power of t he State to impose charge or
burden upon p_ersons, proper,!y, or property r ights, fo r the use and support
of the government and to enable it to discharge its a ppr opriate functions.

Theory and basis of taxation.

(1 ) The power of taxation proceeds upon the theory t hat the existence
of government is a necessity, that it cannot continue without mea ns to pay
its expen ses, a nd that for these means it has a right to compel all its
citizens and property within its limits to contribute. 16
(2) The basis of t axation is found in the reciprocal duties of protection
and support between t he State and its inhabitants. In return for the

'sThe S tate can deprive pers ons of life, liberty, or property provided there is due process /
of la w; a nd persons may be clas sified into classes and groups provided everyon e is given the
eq ual protection of the law. (S ec. l. J The test or standard as always is reason. Police power
legislation must be firmly grounded on public interest and welfare and a r easonable relation
mus t exist be twe ~n purposes and mea ns to achieve the s ame.
16
See 51 Am. Jur. 37·39 .

. ·.-·· .
Sec. 10 ART. Ill. - BlLL OF RIGHTS 101

citizen's contri bution for the support of the government, the State is sup-
posed to make adequate and full compensation in the form of benefits and
protection which it gives to his life, liberty, and property.
Taxation is necessary to enable the State to exercise its police power to
promote the general welfare.

Meaning of taxes.
Taxes are the enforced proportional contributions from persons and
property levied by the lawmaking body of the State by virtue of its sover-
eignty for the support of the government and all public needs.
They are the financial burdens or charges imposed by the government
upon persons or property to raise revenue for public purpose or purposes.

Distinctions among the three powers.

They a r e, among others, the following:
Q} As to authority which exercises the power. - Taxation and police
power are exercised only by the government, while the exercise of the
power of eminent domain may be granted to public s ervice companies;
(2} As to purpose. - In taxation, the property (generally in the form of
money) is taken for the support of the government; in eminent domain, for
public use; and in police power, the property is taken or destroyed for the
purpose of promoting the general welfare;
(3") As to effect. - In taxation, the money contributed becomes part
of p~blic funds; in eminent domain, there is a transfer of the right to
property whether it be ownership or a lesser right; and in police power,
there is no such transfer; at most, there is a restraint in the injurious use of
property;
(~) As to persons affect.ed. - Taxation and (usual!y) police power oper-
ate upon a community or a class of individuals, while eminent domain
operates on an individual. as the owner of a particular property; and
(5) As to benefits received. - In taxation, it is assumed that the indi-
vidual receives the equivalent of the tax in the form of benefits and
protection he r eceives from the government; in eminent domain, he re-
ceivesjust compensation for the property expropriated ; and in police power,
t he compensation of the individual is not immediate and usually annoy-
ance and financial loss are caused to him leaving the reward to be reaped
through his altruistic recognition that the restraint is for the public good. 17

SEC. 10. No law impairing the obligation of contracts shall

be passed.

11See U.S. vs. Toribio, 15 Phil. 85; Churchill and Tait vs. Rafferty, 32 Phil. 586.
102 TEXTBOOK ON T HE PHILIPPINE CONHTITUTION Sec. 10

Meaning of obligation of a contract.

The oQ.lieation Q[a co.nJrru;.,t is the la w or duty which binds the parties to
perform their agreement according to its terms or intent ,1 if it (agreement)
is not contrary to la w, morals, good cus toms, public order, or public policy. 2

Scope of terms "law" and "contract."

The law, the enactment of which is prohibited, includes executive
( 1)
and administrative orders3 of the President, administrative orders issued
by heads of departments, and ordinances enacted by local governments.
The guarantee is not violated by court decisions or by acts of boards of
officers acting in a quasi-j udicial capacity (like a judge).
( 2 ) The contract, the obligat ion of which is secured against impairment
under the Constitution, includes contracl..s entered into by the government.
An example of impairment by law is when a tax exemption based on a
contract entered into by the government is revoked by a later taxing
statute. 4 The Stat e when contracting does so upon the s ame terms as a
private individual or corporation and may not plead it s sovereignty as
justification in impairing a contractual obligation which it has assumed. 5
A contr act which is entitled to prot ection against impairment must be a
valid one. Note that marriage is more than a mere contract; i t is a status.
Hence, it is outside of the contempl a tion of the constitutional provision.
(see Art. XV, Sec. 2.)

Purpose of non-impairment prohibition.

The prohibition is int ended to prl)tect creditors, to assure the fulfillment
of lawful promises, and to guard the integrity of contractual obligations.6
Business problems would a rise if contracts were not stable and binding and
if the legislature can pass a l aw impairing an obligation entered into
legally.
The provision implements the constitutional right to freedom of con-
tract. ·

\Sturgess vs. Cr own shields, 4 Wheat 122. \

~s e e Art. 1306, Civil Code. 1
3E xecuti:!!_!...Qrders a re acts of the President provid ing for rules of genertil or permanent

character in i m t~ l e meot a tion or execut ion of con sti tutional or statutory pow .~rs (Adm. Code
of 1987, Book HI, Sec. 2.) Before the effectivity of the new Constitution, the Presi dent
exercis ed legisla tive powers through t he issuance of executive orders . A dmin istrative Orders
are a cts of the President which relate t o particular aspect..'! of governmen tal operat ions in
pursuance of his duties as administrative head. (Ibid., Sec. 3 .) See Art. VII, Section 17.
'See Cassa nova vs. Hord, 8 Phil. 125.
"Willough by, op. <:it., p . 1224.
~v.G . Sinco, op. cit., p. 640.
Se('. 11 ART. III. - BILL OF RIGHTS 103

When obligation of contract impaired.

The obligation of a crmtract is impaired when its terms or conditions
are changed by law or by a party witl:out the consent of the other, thereby
we!lkening the position or rights of the latter. 7 A law which:
( 1) takes fr om a party a right to which he is entitled under the con-
tract;
{2) deprives him of the means of enforcing such right;
(3) imposes conditions not expressed in t he contract, or dispenses with
those which are; or
(4) diminishes the consideration agreed upon by the parties, as to
diminish the value of the contract, is void as impairing thE.> obligation of the
contract within the meaning of the Constitution.
For instance, a law increasing or decreasing the rate of interest for the
loan of money cannot apply retroactively to loans contracted before its
enactment , otherwise impajrment will result. Laws impairing thP. obliga-
tion of contracts a re necessarily retroactive or retrospective. There will be
no impairment if the law is given prospective effect.

Freedom to contract not absolute.

· .· The freedom of contract is necessarily limited by the exercise of the
police power of the State in the interest of general welfare (see Sec. 8.) and
especially in view ofthe explicit provisions in the Constitution with refer-
ence to t he promotion of social justice. (see Art. XIII.)
Thus, the abolition of s hare tenancy as well as the introduction by
compulsion of the leasehold system (after a contract of share tenancy has
been adopted between the landlord and the tenant) has been sustained in
the valid exercise of police power (sup ra. } , share tenancy being recognized
as the root cause of the land problem s and agrarian unrest in the country!

SEC. 11. Free access to the courts and «rna.si=iud.ic.jpl bodies

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

Constitutional rights of the accused

in criminal cases.
Br_iefly
. ,., . ., they may be enumerated as follows :
(f) The right to adequa te legal assistance;
/"

' Sec Edwards vs. Kearney. ~6 u .S. 607.

<Sec Gero nimo vs. Court of Agraria n Relations. L-250.'35, Feb. 26, 1968; De Ia Rama vs.
Courl •lf A:gr.aii'an Relation.-;, L -19555, ~lay 29. 1964.
104 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 11

(2) The right, when under investigation for the commission of an offense,
to be informed of his right to remain ~\l ent and to havt: counsel;
(8 ) The right against th e use of torture, force, violence, threat, intimi-
dation or any other means which vitiates the free will;
(4) The right against being held in secret, incommunicado, or similar
form s of solitary detention ;

.- ---·
(5) The right to bail and against excessive bail;
(6 ) 1'he right to due process of law;
(7 ) The right t() presumption of innocence;
(8) The right to be heard by himself and counsel;
(9) The right to be informed of t he nature and cause of t he accusation
against him;
( 1-0) The right to have a s peedy, impartia l, and public trial;
(l l) T he right to meet the witnesses face to face ;
( ~) The right to have compulsory process to secure the a ttendance of
witnesses and the production of evidence in his behalf;
(1-3) The right against self-incriminat ion ;
( 14) The right against detention by r eason of political beliefs a nd
a spirations;
( 15) The right against excessive fines;
(16) The right against cruel, degrading or inhuman punishment;
( 1J7) The right against infliction of t he death penalty except for heinous
crimes; anc.l
( 18) The right against double jeopardy.

Reasons for constitutional safeguards.

There are several reasons underlying the tenderness of our Constitu-
t ion on t he subject of the rights of an accused.
(1} A criminal case, an unequal contest. - For one thing, every crimi-
na l case is a contest between an individual a nd the government. It is of
necessity an unequal contest because the parties are of unequal strength.
The government is very powerful. It is_ _the. iepository of the enormous
power of organized s ociety . In order to reduce the passibiiities of injustice,
the Constitution seeks t o r edress th e imbalance between these parties by
guaranteeing the accused the right to an im partial trial, the privilege of
cross-examination, a nd othe r pr·ocedural safeguards .
.{2) Criminal accusation, a very serious matter. - Moreover, experience
tea~hs that it is a very serious matter for the government formally to
accuse a man of having committed a crime. The defendant by being me rely
a ccus ed may find himself in immediate trouble, whether guilty or not. He
Sec. 11 ART. III. -BILL OF RIGHTS 105

may lose his job, or be suspended from it pending trial. His reputation is
under an immediate cloud. The accused, therefore, needs every possible
opportunity to establish his innocence, as soon, as publiciy, and as deci-
sively, as possible}
(3) Protection of innocent, the underlying purpose. -The purpose then
is not to coddle wrongdoers or to protect the guilty but to assure that truth
will be discovered and that justice, which is the very end of government,
will be done. Under the Constitution, the acquittal of the innocent is given
more importance or preference than conviction of the criminal. Indeed, in a
criminal prosecution the interest of the government is not that it shall win
a case, but that justice shall prevail. 2 For as the Roman praetor said: "It is
better (0 Caesar) that a thousand guilty men be free than one innocent
man be deprived of his life or liberty." The raison d'etre for this principle is
the assumption that the long arm of the law would, sooner or later, catch
up with the guilty party.

Right to free access to the courts

and quasi-judicial bodies.
The guarantees of due process and equal protection of the laws assure
all per&o:ls like access to the courts as well as quasi-judicial bodies of the
country for the protection of their persons and property, the prevention and
redress of wrongs, and the enforcement of contracts. s· But such guarantees
are futile if persons are prevented from going to courts on account of their
poverty. Within this category may be mentioned the low-paid employees,
domestic servants and laborers who, to collect their small salaries and
wages, might have to go to court and yet are without means to pay filing or
sheriffs fees and attorney's fees. 4
To give reality to these constitutional rights, our Constitution has
expressly included the above provision.s

Right to adequate legal assistance.

.It may nut be sufficient to just grant the rights of a pauper. (i.e.,
exemption from payment of court fees) to poor litgans.~he State has also
the constitutional duty to provide free and adequate legal assistance to
citizens when by reason of indigence or lack of financial means, they are
unable to engage the services of a lawyer to defend them or to enforce their
rights in civil, criminal, or administrative cases.

'Fellman, op. cit., pp. 1·3.

~Suarez vs. Platon, 69 Phil. 556; Tan, Jr. vs. Gallardo, L-41213-14, Oct. 25, 1976.
'Barbier vs. Connaly, 113 U.S. 27.
'Cabangis vs. Almeda, 70 Phil. 443.
''V.G. Sinco, op. cit., p. 703.
'See Rules of Court, Rule 3, Sec. 21.
106 TEXTBOOK ON THE PHILIPPINF. CONSTITUTION Sec . 12

SEC. 12. ( 1) Any p erson under investigation for the commis-

sion of an offense shall have the right to be informed of his right
to remain silent and t o have competent and independent coun·
sel preferably of his own choice. If the person cannot afford the
services of counsel, h e must be provided with one. These rights
cannot be waived except in writing and in the presence of
counsel.
No torture, force, violence, threat, intimidation, or any
(2 )
other means which vitiate the free will shall be u sed against him.
Secret detention places, solitary, incommunicado, or other simi·
lar forms of detention are prohibited.
(3) Any confession Ot:' admission obtained in violation of this
or Section 17 hereof shall be inadmissible in evidence against
him.
(4) The law shall provide for penal and civil sanctions for
violations of this section as well as compensation to and rehabili-
tation of victims of torture or similar practices, a nd their fami·
lies.

Rights of person under investigation.

Any person under criminal investigation for the commission of an
offense shall have the right:
(.1·) to be informed of his right to remain silen t; 1
~2) to have competent and independent counsel preferably of his own
choice or to be provided with ono; 2
(3) against the use of torture, force, violence, threat, intimidation, or
any other means which vitiates the free will; and
(4f) against being held in secret, solitary, incommunicado, or oth er
simiiar forms of detention.:J
/
,/
Effect of violation of the . ~'ighls : ·"'
To gi ve force and meaning to the constitutional provision, any confes-
sion obtained in violation of any of the above rights is declared inadmissi-

1
While an accused is under custody, his silence may not be taken as e\•idence against
him, otherwise his right of silence would he an illusion. (People vs. Alegre, 94 SCRA 109. )
tThe right to counsel may be waived £!Q.Y,ig_e_g ~Vfl.t ~h . e ..wil'tsmad ~e.ot4! .aud
~lm.!:iY't uJ ~.,tq_clr s~§Jl<!iQg.9 its c.Q!l§~\ !,m.~£ .....(People vs. Caguioa, L-38975, June
17, 1980.)
3
These forms of detention of personfl arrested by the m ilitary for alleged subversive
activities or fot· being critical of the government were found to be prevalent under a previous
regime especially during th e period of martial law, from Scptembt!l' 21, 1972 to January 17,
1981. Oi fferen t forms of torture were also practiced.
Sec. 13 ART. III. - BlLL OF RIGHTS 107

ble in evidence before any proceeding4 and violators· shall be subject to

penal and civil sanctions to be provided by Jaw. For humanitarian reasons,
such law to be enacted by Congress shall provide compensation for and
rehabilitation of victims of torture or similar practices, and their families. 5

When rights can be invoked.

Section 12 provides the procedural safeguards to secure the rights of
the accused particularly the privilege against self-incrimination of persons
under arrest or in custody of law enforcement officers. The words ~d.er
i_ny~!JtjgQ:" includes ~Y.StQdis!UJIDrgon QdnYe.l?~!gGtio' where the
proceeding is r..ot a mere general inquiry into an alleged crime, but has
begun to focus on a particular suspect taken into custody by the police who
carry out a process of interrogation.
These rights are thus available the moment an arrest or detention,
with or without a warrant, is made. The authorities must insure that the
accused is apprised of his rights and that they are availed of by him.

Waiver of right of silence and to counsel.

Th~ rig_ht pf ~il.E2!a,n<; ~ be w..aiYflrl...e.xce.ptin.. writing
~oun§laJ.Qt
~.!} t~e i~_ This requirement which is not found in
pr~e_n-QLc.mu:wl
the 1973 Constitution is directed against abuses in the past whereby
written waivers by the accused or detained persons without assistance of a
lawyer were employed to circumvent constitutional protection on human
rights.

SEC. 13. All persons, except those charged with offenses

punishable by .reclusion perpetuo when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient sure-
ties, or be released on recognizance as may be provided by law.
The right to bail shall not be impaired even when the privilege
of the writ of l];abeas corpus is suspended. Excessive bail shall
not be required.

Meaning of bail•
...IJ.fJiJ.. is the security required by a court and given for the provisional or
temporary release of a person who is in the custody of the law conditioned

4
, The failure of an accused under police custody to deny statements by another implicat·
ing him in a crime especially when such accused was neither asked to comment nor reply to
such implication or accusations, .t;.Q.l)IJOt.l;w.J:.Qnsidered a tacjt adtnia.aio.u Qf.the..cr.S (People
vs. Alegre, supra.)
"RA No. 7309 (~arch 30, 1992) creates a B..om of.Claima under the Department of
Justice for victims of unjust imprisonment or detention and victims of violent crimes.
108 TEXTBOOK ON THE PHILIPPINE CONSTITUTION SE!{:. 13

'
upon his appearance before any court as required under the conditions
s peci fied. 1

Purpose and form of bail.

~r)" The purpose of requiring bail is to relieve a n accused from impris-
on ~ntm until his conviction and yet secure his appearance at the triaP The
right to bail is granted because in a ll criminal prosecutions, the accused is
presumed innocent. (see Sec. 14[2].)
(;f it may be in the form of cash deposit , property bond, bond secured
from a surety company, or recognizance. 3

Who may not invoke the right to bail.

The right t o bail is avail able to any person arrested, detaine d, or
otherwise deprived of his liberty, whether or not an information (criminal
complaint ) has been filed against him. 4
( 1) It cannot be invoked where the applicant is not yet in custody of the
law because he went into hiding and is at Jarge, and hence, a free man even
when he has already been criminally charged in court. The purpose of bail
is to secure one's release and it would be incongruous to grant bail to one
ywho is free .5
(2) It is a lso not available to one charged with capital offense or an
offense punish able by reclusion perpetua, life imprisonment, or death if the
evidence of his g uilt is strong. (Sec. 13.) The judge, however, has no
a uthority to deny baii without t a king into account the evidence presented,
a t the time the accused applied for bail, as to JY. ~ guilt. There must be a
hearineEven when evidence of guilt is strong ,~ !'J: il may be granted where
there is no probability that the defendant would fle e r ather than face the
verdict of the court, 6 or after conviction , on humanitarian ground where the
life or health of the convict may be endangered by continued confinement
pending appeal. 7
(3) Under the Rules of Court, "no bail sh~l be a llowed after the Judgment
has become final, or after the accused has co,.;,menced to serve sentence. ''8
I
1
See Rules of Court, Rule 114, SE!{:. 1. _/
/ .
2
Almeda vs. Villaluz, L·31665, Aug. 6, 19'i;J.
3
See Rules of Court, Rule 114, Sec. 1. A'fecQilnizg.nce is a simple personal obligation or
unde~ taking ente red into before a court and having no money penalty attached. (Webster's
3 rd Jot. Diet.) Thus, a n accused may be te mpo rarily released on his own recognizance to the
custody of a responsible member of the community. Congress must enact a law providing
when recognizance may be allowed in lieu of bail.
•Teehan kee vs. Ro vira, 75 Phil. 635.
5
Feliciano vs. Pasicolan, L-14657, July 31, 1961.
6
See Rules of Court, Rule 114, Sec. 21.
' See Montano vs. Ocampo, 49 O .G. 1855, Jan. 29, 1953.
8
De Ia Rama vs. People's Court, 77 Phil. 46.
 Sec. 14 ART. HI.- BILL OF RIGHTS 109

When the privilege of the writ of habeas corpus is suspended, the right
to bail, even for the commission of national security crimes (see Sec. 15.), is
still available except as provided in Section 13.

Meaning of capital offense.

l'i.tr;_ap(9fen~, for purposes of the above provision, is an offense
which, under the law existing at the time of its commission, and at the time
of the application to be admitted to bail, may be punished with reclusion
perpetua, life imprisonment,9 or death.

Excessive bail prohibited.

The Constitution ordains that excessive bail shall not be required. (Sec.
13.) Without the explicit injunction, the right to bail would be a meaning-
less farce.
WhJ!t .arw\nL1~ a reason~b.h_P!Ltmily \.lllQnj;_hEt gi!)~rt(n of
.th~jl,dg He has to take into a,ccount in deciding the matter, among
others~ nature of the offense, the penalty which the law attaches to it,
ihe prbbability of guilt, and~he financial condition of the accused. 10 That
which is reasonable bail to a man of wealth is equivalent to a denial of right
if exacted of a poor man charged with a like offense.U Also, the amount of
bail may be reasonable if considered in terms of surety or property bond,
but excessive if required in the form of cash. Th~LQ.PtilmoWSacs bond
n.:rim~dlyJwQgS_to the accused. 12

SEC. 14. (l) No person shall be held to answer for a criminal

offense without due process of law.
{2) In all criminal prosecutions, the accused shall be pre-
sumed innocent until the contrary is proved, and shall enjoy the
right to be heard by himself and counsel, to be informed of the
nature and cause ofthe accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face to face, and
to have compulsory process to secure the attendance of wit-
nesses and the production of evidence in his behalf. However,
after ar:ignm~.L !r.t~m_IOCdowihsanb­
.s~fthacuedProYi that h~ has been duly nqtif~.4 a~d
bj~J!l.-:P;rs unj!lstifii!Ple.

9
R.A. No. 7659 (Dec. 13, 1993) has restored the death penalty on certain heinous crimes.
Section 13 speaks of reclusion perpetua, not life imprisonment. In law, they are different
penalties. For ou1· purpose, we shall not concern ourseh·es with the fine distinctions hf'tween
the two. Suffice it to say t;•at under the R~les of Court, life imprisonment is included. (Rule
114, Sec. 7.)
10
See Rules of Court, Rule 1 J 4, Sec. 10.
"1 Coole:v 644.
'~Almeda vs. Villaluz. L-31665. Aug. 6. 1975.
11 0 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 14

Right to due process of law

in criminal cases.
A person cannot be held to answer for a criminal offense without due
process of law. (Sec. 14[1]; see Sec. 1, supra.) Due process in this context
pertains more to the procedura l aspect. It requires that:
<f) The accused must be -
( a ) tried before a competent court (i.e., court having jurisdiction);
given a fair and impartial trial; and
(b)
(c) allowed to use all legal means and opportunity to defend him-
self; and
(~) The judgment awarded against him must be within the authority of
a valid law.
As applied to a criminal trial, denial of due process, it has been said, is
the failure to observe that fundamental fairness essential to the very
concept of justice. 1

Right to presumption of innocence.

In all criminal prosecutions/ the accused is presumed innocent until
the contrary is proved. (Sec. 14[ 2].)
(1) A ..s.a£eguard. ag,~n .f!~ .fals _ f! _ conv.!£.!ion. -This presumption of inno-
cence is a guarantee that no person shaiT be convicted of a crime except
upon confession or unless his guilt is established by proof beyond reason-
able doubt which is more than just a preponderance of evidence sufficient
to win in a civil case. Its purpose is to balance the scales in what would
otherwise be an uneven contest between the lone individual pitted against
the government and all t h e resources, authority and influence at its com-
mand.3 The presumption takes an even more paramount significance in
offenses involving the capital punishment.•
(2) Re..fl!:l-ire!J1f.!1t.Q[ P!09[ g fgu _ i_l~.IJYQdrC:§9 J:.C!£~e_ _ <jg_l~QJ. -The bur-
den of proof in a criminal proceeding i~ upon the pros ec ution.~ Its evidence
must be strong enough to convince the 'court that the accused is clearly and
unmistakably guilty, not because he dmnot prove that he is innocent, but
because it has proved that the acus~ is guilty beyond reasonable doubt. 6

1
Lisenba vs. California, 814 U.S. 219.
,.rhe term t;dmi.M~ .J!OS ~i os s has always been interpreted to mean proceedings
before the t rial court ft~JP. JtX!'.gl)enm .l ~.nJQ _ th e rendition of decis~Jl!. (People vs.
Corachea, 91 SCRA 422, July 16, 1979.)
3
People vs. De Guzman, 194 SCRA 601, March 4, 1991.
•People vs. Lagmay, 306 SCRA 157, April 21, 1999.
~ Thus, a suspended PC-CIS was acquitted of the charge that he "knowingly and falsely
represented himself to be [such an) agent" in the ::.bsence of proof tha t he was duly notified of
his dis missal before the commission of the alleged crime to ove rcome the constitutional
pres umption of innocence . (Gigantoru vs. People of the Phils., L-74727, June 16, 1988.)
6
People vs. De Guzman, note 3.
Sec. 14 ART. m. -BILL OF RIGHTS 111

In case there is a reasonable doubt of his guilt, the accused is entitled to

acquittal." ... It is better to acquit a person upon the ground of real;lonable
d~!-_':.en t~-i ~:ila!.Fe- g~i.Jy;_thano1Tcm E~Isoet __ _
~Q.!l __'£h_o mav.hti:nJl$..J;lllt...''il •

Statutory presumptions of guilt.

There, is, however, no constitutional objection to the passage of a law
providing, even in criminal prosecutions, that the presumption of inno·
cence may be overcome by a contrary presumption, founded upon the
experience of human conduct- that when certain facts have been proved,
they shall bP- prima facie (i.e., sufficient for proof if uncontradicted) evi-
dence of the existence of the main fact in question. 9 The State is only
required to establish a prima facie case after which the accused is given an
opportunity to present evidence to rebut it. 10
Under our Rules of Court, for instance, it is presumed "that a person
found in possession of a thing taken in the doing of a recent wrongful act
(i.e., theft) is the taker and the doer of the whole act." 11 The ground for the
presumption is that men who come honestly into the possession of property
have no difficulty in explaining the method of which they come into such. 12
If upon such presumption taken in connection with the other evidence, it
may fairly be concluded beyond a reasonable doubt that the accused is
guilty of the;~f, a judgment of conviction may properly be entered. 13

Right to be heard by himself

and counsel.
Implementing the right to be heard, the Rules of Court provides:
'-l) "In all criminal prosecutions, the defendant shall be entitled x x x to
be present and defend in person and by counsel at every stage of the
proceedings, from the arraignment to the promulgation of the judgment. ;4
~) "The accused must be pre5ent at the arraignment and must per3on-
ally enter his plea.'"
(3 J "After a plea of not guilty, the accused is entitled to two 12 1days to
prepare for trial unless the court for good cause grants him further time. 16

"See Rules of Court, Rule 133. Sec. 2.

"Peoplt! vs. Manoji, 68 PhiL 471.
9 1 Cooley, 639-641.

'('People vs. Mingoa, 92 Phil. 857.

t:Rules of Court, Rule 131, Sec. 5.
: 2See U.S. vs. Ungol, 37 Phil. 835; U.S. vs. Espia. Hi Phil. 506
~ 3 U.S vs. Cat.imbag, 35 Phil. 367.
' Rule;; of Court, Rule 115, Sec. 1.
1

''•Ibid., Rule 116, Sec. Hbl.

1
~/bid., Sec. 9.
112 1'F.XTBOOK ON THE PHILIPPIN E CONSTITUTION Sec. 14

f4) "Before arraignment, the court shall inform the accused of his right
to counsel and s hall ask him if he de~irs to have one. Unless the accused is
allowed to defend himself in person, or he has employed counsel of his
choice, the court must assign a cou nsel~_9{ jcio to defend him ." 17
Even if the guilt of the defendant is very apparent, a hearing is still
indispensable. He cannot be punished upon a doubtful assumption. 1A Lack
of notice of h earing violates procedural due process.19 ·

Meaning and purpose of arraignment.

( 1) The arraignment is made in open court by the judge...ar..cl.c.r.k. and
consists in furnishing the accused a copy of the complaint or information
with the list of witnesses, r eading the same in the language or dialect
known to him and asking him whether he pleads g uilty or not guilty. 20
The compla int is filed in court usually by the prosecutor after due
investigation.
( 2) It is at t he stage of arraignment that the accused, for th e. first time,
is granted the opportunity to know the precise charge t hat confronts him Y

Importance of the right to counsel.

The right to.be..h.eard would.. b.e.of lit.~_;\Y ~!Uf .itdoes_:r!~JP ~ ludU}].~
tight tu..be. h ~r d by_~:unsel
Even the most intelligent or educated m an may have no skill in the
scien ce of t he law , particularly in the rules of procedure a nd without
counsel, he may be convicted not because h e is guilty but because he does
not know how to establish his innocence. And this can happen more easily
to persons who are ignorant or uneducated. I t is for this reason that the
right to be a ssisted by counsel is deemed so important that it h as become a
constitutional right~ not subject to waiver by the accused. 2:1

Right to be informed of the nature and cause

of the accusation against him.
( 1) Sp_e.cific..a.Jk_gqij,gn::; of c r i m, ~ charge4. - This right implies that the
offense which a person is accused of be made known to him. The criminal
complaint or information should be sufficiently clear to a person of ordi-
nary intelligence as t.o what the ch a rge is so as to enable him to prepare his
defense. It is imperative that. he is thus made fu lly aware of possible loss of

'''!hid., Rule 116, Sec. 6.

'"RcycJS v:>. Subido, L-27916, Aug . 21, 1965.
'"Sec. of Finance vs. AgaH<I, L-36276, ,Jan. 17, 1978; Loquias vs. Rodri guez, L-:l8388,
July 31, 1975.
21
'Rulcs of Court, Rule 116, Sec. 1.
2
' Borja vs. Mendoza, L-45667, June 20, 1977 .
22
Peoplc vs. H olgado. 85 Phil. 752; Flores vs. !l.uiz, L-50707 , May 31, 1979; see People vs.
Malunsing, L-29015, April 29, 1975; Borja vs. Mendoza, 8up ra..
2
aSee, however. not-e under Sect.ion 12.
S ec. 14 ART . III. - BILL OF RIGHTS 113

freed om , even of his life , depending on the nature of th e crime imputed to

him .z4
(2) flgi!~.J:t_?LC(}S .!J .YJ . !J:Q.s_~ .ri:KIJLb'U!2gtef - - This requirement of
notice is indispensable inasmuch as in criminal cases not only the liberty
but even the life ofthe accused may be at stake. Thus, there is a violation of
the right whe1·e an accused h as been charged with an offense and convicted
of another, 25 or where no a rraignment (supra.) of the a ccused has taken
place. 26 The proceedings in s uch case may be challenge d and annulled in
the proper court, at the insta nce of the accus ed. But a n accused may be
convi cted of a less er offen se (e.g _, theft ) included in t hat (e_g. , robbery )
which is charged.

Right to have a speedy, impartial,

and public trial.
(1) ,Speedy_lzjgJ. - Our s tatutes do not define wit h precision what
constitutes time for speedy trial. It has been said, however, that a "speedy
trial" means one that can be had as soon as possible, a fter a person is
indicted and within sue!:! time as the prosecution, wit h r easonable dili-
gence, could prepare for it. It sh ould be a t rial "conducted according to fixed
rules, regulations , and proceedings of law free from vexatious, capricious,
and oppressive delays." It does not mean undue haste but one conducted
with reasonable promptness consistent with due course of justiceY It
neces sarily depends upon the circumstances. Consequently, reasonable
postponements are allowed.
The observance of the right to have a speedy trial is important. A long _
. <l ~ lay in the ju<:U~Jal p_roces ~ . s~r v ~ s ~§.a xefuge of the . ~ ~ . ~ .U $ Jtd_if he. is guilty
. ~ ?.d e:_conE-?Uif!.g ~1ljt!iC E! _for_Jl_i_!llif.he i~.JlrQ£1 · In det ermining whether
there has been a denial of the right to speedy trial, t.he_te.st is t o begin
counting the delay from the time of the filing of the information <criminal
complaint). u
( 2 ) Im.l~r1ia . 1r.ia{ - An impartial trial is certainly a basic require-
ment of due process in crimina l proceedings_ Im-partiality implies .an .a..b-
l;~nce of actul:>i~§jn_he.Lr . of cas.e..s. 'to this end, no m a n can be a judge
in his own case and no ma n is permitted to try ca ses where he has an
int.er.e.at •.p~<;:P._niary otherwise, in the putcome}9 Thus . a com-iction under
an ordinance whereby a portion of the fine imposed we nt to the judge and
the remainder to the municipa l treasury is a violat ion of du e process oflaw.

"l•Borja vs. Mendo?.a, Sll p ra ; Mat ild e, J r. vs. Jab~ o n . L - :3 ~ 39 :2 . Dec. 29, 1975.
1
~ Peo plc vs. Abad Santos, 78 P hil. 774.
2G U.S. vs. Sobrevinas, 35 Phil. 32.
~ 7 C onde vs. Rivera, 45 Phil. 650: Kalaw vs . Apo,;tol. 64 Phil. 852.
28P eople vs. Orsal, 112 SCRA 226 · 1982 ·. Bd>·.-~Q >.J9J. • Feb. 12, 1998), known as the
"Speedy Trial Act of 1998," prescr ibes a time limit for trial. be tween arraignment and trial,
and following an Order for !I new t riaL to emure a speedy trial of all criminal caRes.
2
~ ln rP. Murchison, 349 C.S . 133.
 114 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Soc. 14

Evgn__pr.ru:e.d.ure which would offer .euen. onl:y .a . p.os.•£b.Le. .t.em.ptatian .to tb.e
judg ~ tofo.rget t.he bu:r:-<ien .ofproof.requil:ed.to.convict the..defe.u.dant, denies.
the ~ ~t er_d~ prg of) _ c~ ~ w2°
"A judge h as both the duty of rendering a just decision and the duty of
doing it in a manner completely free fr om suspicion as to its fairness and as
to his integrity. While judges should possess proficiency in law in order
that they can competently construe a nd [apply] the law, it is more impor-
tant that they should act an d behave in such a manner that the parties
before t hem s hould have confidence in their impartiality."·11
(3) P..ublic tr..iaL -The requirement that the t rial be public is not meant
that every person who sees fit shall in all cases be permitted to attend criminal
trials. A public trial is not of necessity one to which the whole public is
admit ted, but it is one so far open to all, as that of the accused's friends and
relatives and others who may be inclined to watch the proceedings in order to
see if justice m . intelg!m.':JLI\dP ~ u: t~Uy _a.<iro inster ~4, so that they may
have an opportunity to do so. There may be and often is justin able occasion to
exclude from a trial those who are inclined to attend from idle or morbid
curiosity only, especially in cases (e.g., prosecution for rape) where public
mora ls and public decency require it.32

~ig _ o~QnJrtai of witnesses.

The accused person has the right to meet the witnesses face to face .
There are two important reasons behind this right.
( 1) G.rosl: :.~gJ minat i o .IL Q[¥J1.~ §.~ - ~ ~-Qy_j.h g.Q£t Y.~ed - The first is to give
the accused an opportunity to cross-examine witnesses against him to test
their recollection and veracity. He may not, therefore, be convicted upon
;he mere depositions or ex parte (of or fro m one party) a ffidavi ts (sworn
written statements} of his a ccusers. Thus, a doct or who executes a medical
certificate must be presented for examination.
(2) As_.e~!l lJ: l!J. .f t.l!J_' lf .. q_9!!:J:L9f' witneti.i...sr.M..ib.WJy . -- The second is to
give the judge, as the trier of facts, an opportunity to sec the dcnwanor and
appearance of witnesses while testifying.a3 / .. - -- -·-·--..,

Right to compulsory production

of witnesses and evidence.
The accused has the right to have compuhmry process issued t o secure
the attendance of witnesse s and the production of evide nce in his behalf.
(Sec. 14[ 2].) ·

·IO'fumey vs. Ohio, 27:3 U.S . 510.

·"Tan, Jr. vs. G~ lardo, L -41213-14, Oct. 5, 1976.
'12See Cooley, Principles of Constitutiona l Law. l3rd1 320-321.; see Rule;-; of Court, Rul e
119, Sec. 13.
3
·lU.S . vs. Javier , 37 Phil. 449; U.S. vs. Tanjuanco, J Phil. 374 ; U.S. vs. Bello, 11 Phil.
526; People vs. E s1.enzo, etc, and Ojoy, L-4116t'l, Aug. 25, 1976.
Sec. 15 ART. lJI. - BILL OF RIGHTS 115

( ~ U nder the Rules of Court, an accuse d per son is e ntit led to have
subpoenas (order to a per son to appear and testify in court) issued to
compel the attendance of witnesses in his favor, including a warrant of
arrest, if needed.a4 He must , h owever, make reasonable and diligent effort
to ha ve them cited to appear and testify, otherwise, the court may properly
r efuse to postpone the trial inspite of the absence of his w itnesses. ~r, He may
a ls o ask the court to order a person to produce in cour t certa in documents,
a r t icles, or other evidence and testify with r espect to th em . This order is
called subpoena d uces tecum. 3 ~
( 2 ) Likewise, the court, u pon pr oper a pplica tion of t he defendant, may
order th e prosecution t o produce or permit the inspection of evidence (e.g.,
written statements given by th e complainant a nd other witnesses in any
investigation of the offense) material to any matter involved in the action,
in the possession or under th e control of the prosecution , the police, or any
other law-investigating agencies .37 Thus, another mode is assured the
accu sed of meeting the evidence that might be presented to prove his guilt.

Trial in the absence of the accused.

~e th~ ac~c~ n ~!t
_ e d .t<.?.~e_p ut .r ~ ~ ional r i _ g h ~ . ~_!
l . l y p_r e.sent . ~ nd . to
~ - _!?.~r d _ i_r!J
hi'Q:12 elf ma_y_Q_e__!V~i ~v <L 9.Y .him:...Thus, trial may
li s d~f e ~ ~.Y
proceed notwithstanding the abse:11ce of the a ccu sed provided that three
condi tions concur:
( 1) _He has b~en a.n: .~ ! g~ .i s
(2) Be. ~_as be.~I_l duly..Q. . t!(i,e ~ of..the .tri~} and
(3) !:!is f~ . il~ . ~. - a.Pp ~a. :U . !? . .VJljJJ.&tifi.a.hle, (Sec. 14l 2J.)
The rule is in the int er est of a speedy administration of justice which
sh ould be afforded not only to t he a ccused but to t h e offende d party as well .
An accu sed cannot, by sim ply escaping, t h wart his pr osecution a nd possi-
bly, eventu al conviction provided only t hat the three conditions mentioned
are present . 39

SEC. 15. The privilege of the writ of habeg s cQrpus shall not
be suspended except in cases of invasion or r e bellion when the
public safety requires it.

Meaning of writ of habeas corpus.

T he w r:iJ._Q{hab~ ..S.9.r.J2u.s is an or der issued by a court of competent
j urisdiction, direct ed to th e per son det aining another , commanding him to

3' See Rules of Court, Rule 2 1, Sees. 1, B.

3
~ t.J vs. Pellejera, 17 Ph!l. 587; C.S. vs. Garcia. 10 Phil. 384.
. S.
36See Rules of Court, Rule 116, Sect io n 11.
3;See Ibid.
3 ABo rja vs. Mendoza, supra.

~& Peo ple vs. Salas, 143 SC RA 163. July 29, 1986.
 116 TEXTBOOK ON THE PHILIPPINE CONS'l'ITUTION Sec. 15

produce the body of th e prisoner at a designated time and place, and to

show sufficient cause for holding in custody the individual so detained.

Purpose of the writ.

It has for its purpose to inquire into all manner of involuntary r estraint
or detention as distinguished from voluntary· anci'..i(; -relieve a person
therefrom if such restraint is found illegal. 1-'he ri~w is the proper remed_y
.in each a_nd every case of..dewntion 'V!' ithout l ~ gal cause or aut!l.ority.1 Its
R.t ~_nc ! p:a_l.PYI Q~ . ~ - t.h~:n .ia1 u.slihend vidual a t.hberty.

How writ operates.

This is how the writ of habeas corpus operates to safeguard the liberty
of a person:
The .w:is ~meE . ~!. _p~ a~y rs~ in his behalf petitions the proper court,
which immediately issues the writ. It is sent to the person having another
in his custody. Such person is order ed to produce the prisoner in court at a
specified time , together with an explanation of the cause of the detention,
called the.r£1Jg_f:!.· After the order is obeyed, the judge scruti nizes the return
and then decides whether it shows that the imprisonment is authorized by
law. If so, the prisoner is remanded- sent back to custody. If not, he is set
free at once by the judge. 2

Suspension of the privilege of the writ.

"(be P£i.V..iJ.f!ile of the writ of habeas corpus (not the writ itself) ~E. . '!)~ . ,
. .§lSp ~ nde~- by the Pre sf4 ~ nt (Ar'f.' VII; 8ec ~· l 8. "f it}._~ase only of i.IJ.yasio.!! or
' , .r_ eglio - '"'-·-·-n , t ~ben pul?lic
.
safety_ req~i Fes it.3 Consequeb.,tly, the person under
\
detention by the government may not obtain h is liberty by its use.
While the person detained mus t still be produced in court, the official
or person detaining him may ask the court not to continue the proceeding
any further as t he privilege of the writ as to that particular person seeking
release has been suspended. Unlike in cases where the privilege of the writ
is available and in full force and effect, the judge thus may be prevented in
the event of suspension fro m determining whether or not the detention is
authorized by law. 4 But the Supreme Court is empowered to inquire, in an
appropriate proceeding filed by any citizen, whether or not there was
factual basis to justify the suspension by the President of the privilege.

'Villnvwencio vs. Lukban, 39 Phil. 778 .

2
See Chafee, The Most Im portant Ri ght in the Constitution, 32 Boston Univ. Law Rev.
143; see Rules of Cou r t, Rul e 102.
!YJ'bc phrase "or imnUnent danger ther eof ' in the former provis ion has been deleted
hecause of its ambiguity.
•See Tanada and Fernando, op. cit., p. 530.
SP.C. 16 ART. lll. - BILL OF RIGHTS 117

The suspension _?f tl'~ .P~vileg,of the writ enab.l~s the State "to hold in
prevnti-'1~.l!c,I_g _nv.:~>tigao and trial of perscms who_
E,lot agafnst it.'o:r cqrpm.it acts that ..endanger its very.xi_st~nc,'" (see Sec.
13.)
This topic is further discussed under Article VII (Executive Depart-
ment), Section 18.

SEC. 16. All persons shall have the right to a speedy disposi·
tion of their cases before all judicial, quasi-judicial, or adminis·
trative bodies.

Right to speedy disposition

of cases.
...~b.<>V
(l). T!t~
.P!~visjf>_t:l<d the time-hQnored_ tradij.<>u~Lspey
iu.~t_'l(Q as &tate.d. in.the...2ld fi.ic.wra..- ':d!lsti~- 9~}Ji_y ~S.i'l§tc denWL"
Its express inclusion was in response to the common charge against the
perennial delays in the administration of justice which in the past has
plagued our judicial system. One need not stress the fact that a long delay
in. the disposition of cases creates mistrust of the government itself and
this may pave the way to one's taking the law in his own hands to the great
detriment of society.
On the other hand, th~ __o]?_s~rvan.c c;>[ "tl").,eright to a sp~dy disposition
of. their ca~:n.h-st ..P~Q,ple's re~.QGiJn: 1huruv .and faith in..their.
iQ.Y_EITnm~t
(2) The right to a speedy disposition of cases can be invoked only after
the termination of the trial or hearing of a case. Like the right to speedy
trial in criminal prosecutions (Sec. 14[2].), it is necessarily relative. It is
consistent with reasonable delays and usually depends on the circum-
stances.2
</) Under the present Constitution, the Supreme Court, all lower colle-
giate courts, and all other lower courts are required to decide or resolve
cases within a certain period of time. (see Art. VIII, Sec. 15l1J.) With the
setting of an absolute time limit in the disposition of cases, a court litigant
will not have to·wait indefinitely anymore for his case to be decided. 3
(,i.) The provision contemplates the disposition of cases involving pri-
vate interests not only before judicial bodies (i.e., courtsi. but also before

"See Padilla vs. Ponce Enrile, L-61388, April 20, I98:t

'Section 14 guarantees the right to speedy trial in criminal cases. Section 16 covers all
phases of any case before judicial, quasi-judicial, or administrative bodies from its filing to
its disposition.
2
Beavers vs. Haubert, 198 U.S. 77.
8
Examp1Ps of mea11ures intended to promote expeditious dispensation of justice are
Presidential Decrees No. 26, 77, 126 and 204; see Sec. 14, last sentence, supra.
 118 TEXTBOOK ON THE PHILIPPI NE CONSTITUTION Sec. 17

quasi-judicial (i. e., excutiv ~ agencies performing adjudica tory functions

similar to those of courts, like the National Labor Relations Commission,
Securities and Exchange Commission, etc.) a nd administrative bodies (i. e.,
executive agencies perform ing limi te d adjudicatory functi ons, such as the
bureaus under the differ ent departments).

SEC. 17. No person s hall be compelled to be a witness against

himself.

¥ight against self-incrimination.

No person s hall be compelled to be a witness against himself. (Sec. 17 .)
This is a protect ion against self-incri mination which may expose a person
to criminal liability. It is founded on grounds of:
( 1) Public policy, because if the party is thus required to testify, he
would be placed .. li.n der the strongest temptation to commit the crime of
. pe_~:u.r 1; and
(2) Humanity, because it prevents the extor t ion of confession by du-
ress. 1 - -- -....
Th e constitution a l gu ara ntee protects as well the right of the accused
to silence, and his silence, meaning, his failure or refusal to testify, may
not be used as a presumption of guilt or t aken as evl'dence against h:m. 2

Scope of guarantee.
The right against s elf-incrimination applies in crimina l cases as well as
in civil,·administrative, and legislative proceedings where the fact asked
for is a criminal one. It protects one whether he is a party or a witness.3

Nature of guarantee.
(1 ) rl!.e._right _ i ~ __purely persona l an_t;l ma,y_l,>_e,_W.4i .v . ~ ~- It was never
intended to permit a person to plead th e fact that some t hird person might
be incriminate d by his testimony, even though h e were t he agent of such
person. 4
( ~ ) It may not be invoked to protect a person against being compelled to
testify t o fac ts which may expose him only to public ridicule or tend to
disgrace him ;
Ci ) It may not be invoked simply because the testimony might subject
one to some liability not arising from any criminal a ction;

1 U.S. vs. Navarro, 3 Phil. 63 .

zu.S. vs. Luzon , 4 Phil. 343; Chavez vs. Court of Appeals, 24 SCRA 663.
JBermudez v.:;. Castillo, 64 Phil. 483; McCarthy vs. Arnsdtein, 266 U.S. 40.
4
People ve. Alegre, L·30123, NQv. 7, 1979; Hale vs. Henke l, 201 U.S. 43.
Sec. 18 ART. IlL - BILL OF RIGHTS. 119

(4) It is applicable only to a _pr~snt n.ol fl__p~.! .£.riminality _which

involves no present danger of prosecution. Hence, a witness cannot refuse
to testify as to a crime which has already prescribed" (i.e., the crime is no
longer subject to prosecution due to the lapse of a certain period of time);
and
f5) It can be availed of only against testimonial compulsion.
::

Form of testimony prohibited.

The constitutional guarantee that no pers~m shall be compelled to be a
witness against himself is limited to prohibition against <;,ompu~.ry_tesn­
mQ.niC1!...§.~lfiA-}jQ! extricating from defendant's own lips, against
his :will, an admission of his guilt.
ylt extends to the production by the accused of documents, chattels, or
other objects demanded from him, for then he is compelled to make a
statement, express or implied, as to the identity of the articles produced. 6
The refusal of a person to produce a specimen of his h.~D!iwrtng is also
included within the privilege. The reason is that writing is not a purely.
mechanical act. It requires the application of intelligence and attention
and is equivalent to testimonial compulsion. 7
However, there is no violation where:
\1) the accused is forced to discharge morphine from his mouth;8
~) the accused is compelled to place his foot on a piece of paper to
secure his footp1·int; 9
(;~,) the accused is compelled to be photographed or to remove his
garments and his shoes; w
(4) where a woman accused of adultery is compelled to permit her body
to be examined by physicians to determine if she is pregnant; 11 and
,·
V$) th~.
uoly~tar col):_fe~!9n (given in the preliminary investigation) of
the accused is admitted at the ·trial. 12

SEC. 18. (I) No person shall be detained solely by .reason of

his political beliefs and aspirations.
(2) No involuntary servitude in any form shaD exist except
as a punishment for a crime whereof the party shall have been
duly convicted.

5 lbid.
6 Wigmore, pp. 864-865.
7 Beltran vs. Sam:-;on. 53 Phil. 5 70.
8 U.S. vs. Ong Siu Hong, 36 Phil. 7:'15.
9
U.S. vs. Sale:-;. 25 Phil. 337; U.S. vs. Zara, 42 Phil. 308.
10
People vs. Otadora, 86 Phil. 244.
11Villaflor vs. Summet·.s, 41 Phil. 62.
12 People vs. Carillo, 77 Phil. 572.
 120 TEXTBOOK ON THE PHILIPPI NE CON'STTTUTION Sec. 18

Right against detention solely by reason

of political beliefs and aspirations.
(1) In.ca.rc..e.m iio_n,y.;i_(hQut r,:h.fJ.rges qf~piJ i&aJ Jlri§ongs."- Upon the
declaration of mar t ial law on September 21 , 1972 under Proclamation No.
1081 of the then incumbent Presi dent , the military establishment carried
out a nationwide arrest and detention of known political opponents and
critics of the administration. Thousands of people were arrested and jailed
during the whole period of martial rule for a ttacking certain acts and
policies of the President, for exposing graft and corruption in the govern·
ment (or even cracking jokes about its slogans) for criticizing the President
and members of his family, for being m embers of cause-oriented and na-
tionalist organizations, etc. Many remained in incarceration for years
without charges filed against them. They came to be known as "political
prisoners" or "political detainees."
Even after the lifting of martial law by Proclamation No. 2054 on
'·
January 17, 1981 up to the February, 1986 "people power revolution," the
privilege of the w rit of habeas corpus remained s uspended "for the crimes
of insurrection or rebellion , subversion, ccnspiracy or proposal to commit
such crimes and for all oth er cr imes and offenses committed x x x in
connection therewith." Many more were arrested and detained after the
lifting of martial law, for denouncing, among others, the authoritarian rule
of the President, human rights violations by the government, and enrich-
ment in office of people close to the President and the First Lady, for
advocating political, social and economic reforms, for espousing a lltgedly
radical doctrines, or for participating in protest movements and demon-
strations, or on mere suspicion of being subversive s or communist sympa·
thizers, and then charged with having committed crimes against national
security and public order.
(2) ~-E ¥2£ante e agg!.l)§!.t hay!rtDr:.i.§.9TY!!..§...of. conscience." - The inclu-
sion in the Constitution of the right against detention merely by reason of
one's political beliefs and a spirations is a r esponse to these r ecent events in
our history a nd manifests the great importance t he framers attach to it s
protection.
It is a positive declaration that within the democratic fram ework, the
w t)ple, for example, can freely s peak of what they think is wrong with the
government and its leaders, or seek changes in the government and its
policies which they believe to be necessary or the r emoval of publi c officials
unworthy of their (.rust. It is a guarantee that h enceforth , one can voice his
contrary views and ideas about the exist ing polit~a and social order, t hat
he can articulate his hopes and aspirations for the country, without peril to
his liberty. (e:ee Sec. 4.} It is a prohibttion directed to the government
against having "prisoners of conscience."

Meaning of involuntary servitude.

l.mg ~J:lt,n _ _ !? l}r:_ r; i~ge denotes a condition of enforced, compulsory serv-
ice of one to another. It has been a pplied to any service or labor which is not
Sec. 18 ART. III. - BILL OF RTGHTS 121

free, no matter under what form such service may have been rendered. 1
It includes:
( 1 l SlaveQ' or the state of entire subjection of one person to the will of
anothet·; and
{ 2) feonage or the voluntary submission of a person (peon) to the will of
another because of his debt.
The term "slavery" is not employed in the Constitution because slavery,
as it existed in Europe and America, has never been practiced in the
Philippines.

Purpose and basis of the prohibition.

The purpose is to maintain a system of completely free and voluntary
labor by prohibiting the control by which the personal service of one is
disposed of or coerced for another's benefit which is the essence of involun-
tary servitude. 2 Human dignity is not a merchandise appropriate for
commercial barters or business bargains. Fundamental freedoms are be-
yond the province of commerce or any other business enterprise. 3

~p_tios t()_P!.9.1J.iP.iti()f1.:
Not every form of fon~ed labor is within the scope of the const~uiaJ
provision. Thus, the prohibition does not apply:
o:J when the involuntary servitude is imposed as a punishment for a
~rime whereof the party shall have been duly convicted <Sec. 18[2].);
~) when personal military or civil service is required of citizens for the
defense of the State (Art. II, Sec. 4.);
~m to injunctions requiring striking laborers to return to work pending
settlement of an industrial dispute; 4 ·

(4) to exceptional services, such as military and naval enlistment.

ThuS, a statute punishing sailors who desert their ship do not contravene
the constitutional provision. From immemorial usage, sailt1rs may not
leave their ships during a voyage;''
,5.) to exerci.se by parents of their authority to require their children to
perform reasonable amount of work; and
(6) when there is a proper exercise of the police power of the State.
(supra.) Thus, persons may be required to assist in the protection of the

1 Rubi vs. Provincial Board, 39 Phil. 660.

2 See Bailey vs. Alabama, 269 U.S. 269: Polck,.~ \\'iJ::am.<, :~2 U.S. 4.
~caun vs. Salazar, 82 Phil. 851.
•Kaisahan ng mga Manggagawa sa Kahoy \·:.. Gotamco Sawmill, 80 Phil. 521.
"Robertson vs. Baldwin. 165 F S. i'].').
122 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 19

peace and order of the community, 6 or to help build or repair public

highways and streets. 7

SEC. 19. (1) Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. Ne ither shall
death penalty be imposed, unless, for compelling reasons involv-
ing heinous crimes, the Congress hereafter provides for it. Any
death penalty already imposed shall b e reduced to reclusion
perpetua.
(2) The employment of physical, psychological, or degrad-
ing punishment against .any prisoner or detainee or the use of
substandard or inade.«fuate penal facilities under subhuman
conditions shall be d"alt with by law.
i
I

Right against excessive fi~es.

Tl}e__q~-!?tj_ !!tl<!. th~ - ~.!PQUJ) J qf.th_e _ fin ~l! ..~ - ~! ~l_J:>e impos e ~ . i~e
addressed .to .the sound...di..scretion .af..the ..cow:.t. Jf it keeps within the limits
of a statute, the fine cannot usually be held unreasonable. 1
Courts will be justified in declaring a fine prescribed by a statute
excessive only when it is cle arly so, considering the nature of the offe ns e
and t he ability of t h e person punished to pay the fine.

Right against cruel, degrading, or inhuman

punishments. ·
This right as.. con.tr 1 a~distn g uished .from the right.. against the use..of
~rtu .e ..LSe.c....l21.2.1), can only....be..inY:oked.aitez:...c.onYic.ti.un.for a crime.
(1 ) 8.arm afpun ish ment. -- It can be said that punishments are cruel
and/or inhuman whe n they involve torture or lingering death, such as
burning a live, mutilation, starvation, drowning, and other barbarous pun-
ishment. The punishment of death by hanging, electrocut ion , or musketry
is not considered cruel within t.he meaning of t hat word a s used in the
Constitution. 2 Nor is it inhuman. l.2f${i&rLP or banishment from a certa in
locality as a punishment is neither cruel nor inhuman and s o valid, 3
f }!Q i S QID~!.j !L ~lg. wrumil.bring,a_s_hame and humiJ.atl . tQ. . ~
~ !. 2~· ~po se him to .~n:mp o.r ri<! ~ . ~l .... 9..rJowenL.hiA...diinity and
!i~- .. :.r .~ _p~C! _E.~! _ h Ul~!.Pi -~_g . .

6 U.S. vs. Pompeye1, 31 Phil. 245.

' Henlev vs. State, 41 SW 352; Dennis vs. Simon, 36 NE 832.

'U.S. V l>. Valera, 26 Phil. 898; U .S. v~;. Sing, 37 Phil. 211.
1
See Weens vs. United States, 217 U.S. 349.
snut ace Ibid.
Sec. 19 ART. III. -BILL OF RIGHTS 123

(2) /iJ.usm.t.ity o.r_:iJaQlPU~t - It is ordinarily not taken

into account in determining whether the punishment is cruel or inhuman.
Hence, the mere fact that a punishment is displ·oportionate to the natul·e of
the offense would not make it cruel or inhuman. But all punishments
greatly disproportionate to the nature of the offense as to be shocking to
the human conscience would be both cruel and inhuman. Thus, the penalty
of life imprisonment or even death is not cruel nor inhuman when imposed
for treason, parricide, murder and other heinous offenses especially when
aggravating circumstances attended their commission; but it is cruel and
inhuman if imposed for petty crimes like slander or theft of small value.
It is not to be lost sight of that to be prohibited by the Constitution, the
punishment need only be cruel, degrading, or inhuman.

Purpose of the guarantee.

The purpose of the guarantee is to eliminate many of the barbarous and
uncivilized punishments formerly known, the infliction of which would
barbarize present civilization. 4
The Constitution mandates that the employment of physical, psycho·
logical or degrading punishment against any prisoner or detainee or the
use of substandard or inadequate penal facilities under subhuman condi-
tions should be dealt with by law. (Sec. 19[2}.) This cuntemplates the
improper, unreasonable, or inhuman applicatjon of penalties or punish-
ments (Sec. 19[1].) on persons legally detained.

Imposition of the death penalty.

Section 19 abolishes the death penalty. It shall not be inflicted unless
Congress decides to reinstate it ''for compelling reasons, involving heinous
crimes" in which case it shall apply only to such crimes subsequently
committed.5 Death penalties already imposed upon the effectivity of the
new Constitution were automatically commuted to reclusion perpetua or
life imprisonment. (Sec. 19.)
The Constitution does not define what are ':Q._e.jn.oul5..crimes" but they
can be said to cover offenses that are exceedingly. or .flagrantlf.had or.Wl
o.r..t.b.qs_e .~omiWclwth ..~l'tr-mLqY.U ..a..s.... to shock the _gD~.r-Lmoal
~· such as treason, parricide, drug-trafficking, murder. robbery with
homicide, rape with homicide, killing a person in stages. etc., especially if
the crime is committed against children or defenseless people.

4See McEivaine vs. Brush, 142 U.S. 155. Examples of such punishments are those

inflicted at the whipping post or in the pillory. burning at the stake, breaking on the wheel,
disemboweling, and the like.
~R.A No. 7659 (D.ec. 13, 19~3) restores the death penalty on certain heinous crimes and
R.A. No. 8177 designates death by lethal injection as the method of carrying out the capital
punisfiment-or death amending for this purpose the Revised Penal Code.
124 TEXTBOOK ON THE PHILIPPINE CONSTITUTION S()C. 19

( 1) Arguments against death penalty. - The propon ents of th e aboli-

tion of the death penalty are of the opinion that:
~) It is cruel a·nd inhuman for the convict and family who are
traumatized by the waiting e ven if it is never carried out;
( ~ There is no conclusive evidence from penologists that it has a
special deterrent effect on criminality ;
(c) It deprives the cop..via-ora.' chance of rehabilitation and refor-
m ation, death being ir:t;€versible;
/

(d) There is always a possibility of\error in condemning a person to

death;6 and \
( ~ The state has no right to depriv h._~ person of his life; God is the
giver of life and only He can take it. 7
(2) Arguments in favor of death penalty. - Those who advocate the
retention of death penalty say:
(a ) It is not cruel and inhuman because the manner by which it is
executed (now by lethal injection) does not involve physical or mental
pain nor unnecessary physical or mental suffering, and it is imposed
only for heinous crimes;
(b) It does discourage others from committing heinous crimes" and
its abolition will increase the crime rate;
(c) A convict by his own acts has forfeited his right to life and
sho~n his moral incapability to be reh abilitated and reformed;a

6 Th is raises the question of making a judgment on which is the greater evil: to take the

life of an innocent person or to allow a vicious criminal to live and po!!Ribly escape prison.
1The Catholic Church has been the foremost advocate of pro-life movements acknowledg-

ing and defending the right to life. The Catechism of the Catholic Chur ch Cl992 edition>says:
"The t r aditional teaching of the Church has acknowledged as well-founded the righ t and duty
of legitimate public authority to punish malefactorR hy means of pena lties' commensurate
with the gravity of the crime, not excluding in cases of extreme gravity the death penalty."
(Catechism. Section 2266.) The 1997 revisio n on the death penalty states in relevant part:
•Legitimate public authority has the right and duty to inflict punishment proportionate to
the gravity of the offense ... . Assuming that the guilty party's identity and responsibilit.y
have ~ o fully det ermined , t he traditional t eaching of t he Chur ch does not exclude r ecourse
to the death penalty, If this is the only possible way of effectively defending human lives
against the unjust aggressor." The new language basically cortveys the same idea as the 1992
edition. The doctrine, however, remains the same: th e right should be exercised only in cases
of absolute necessity, that is, 'when it would not be po!!sible otherwi.se to defe nd society." In
the Encyclical "The Gospel of Life" (March 25, 1995), Pope John Paul II declares that today
as a r esult of steady improvements in the organization of the penal system (No. 56), the cases
of absolute necessity are very rare, if not practically n on-existent.
8 Pra.ctically all human beings fear the loss of thei r lives so that the death penalty cannot

but have a powP.rful deterring influence on humnn conduct.

~Ther is no statis tical evidence to prove that punishment by imprisonment alone has
been effective for purposes of rehabilitatio n of criminals, particularly wit.h the subhuman
con ditions in our penal ins ti tutions.
s~c . 20 ART. Ill. - BILL OF RIGHTS 125

(d) Its imposition is filled with numerous legal safeguards; 10 and

(e ) The State has the absolute right to take the life of a person who
h as proved himself a great menace to society by way of self-defense and
as an example and warning to others. H

SEC. 20. No person shall be imprisoned for debt or non-

payment of a poll tax.

Meaning of debt.
Debt.. as intended to be covered by the constitutional guarantee, means
any liability to pay money arising out of a contract, express or implied. 1

Purpose of prohibition against imprisonment

for debt.
The prohibition was brought about by the force of public opinion which
looked with abhorrence on statutes permitting the cruel imprisonment of
debtors. The Constitution seeks to prevent the use of the power of the State
to coerce the payment of debts. The control of the creditor over the person
of his debtor has been abolished on humanitarian considerations. One
should not be punished on account cf his poverty.
Mm:e.oxer, the..g.oy.ernm.entis..Jl.Gt a proper .par~ . to. . private disputes. It
should not render its aid to one who deems himself aggrieved by ~mprison­
ing the other for failure to pay his debts. 2
.:But if the debtor has property, the creditor has the right in a civil case
to have such property attached (i.e., taken into legal custody) as a means of
enforcing payment of the debt.

. Rroh ibiti.o.n.limi.ted....to..cmltractual obligatioas

~-
The inhjbition was never meant to include (1) damages ansmg in
action ex delicto (criminal actions), for the reason that the damages recov-
erable therein do not arise from any contract entered into between the
parties, but are imposed upon the defendant for the wrong he has done and

10 Although the death penalty has a lways been part of the ;;tatute book. specifically the

Revised Penal Code, a nd many sentences h ave been imposP.d , very few executions have been
cttuied out. The first execution by letha l inj ection of a conv icted rapist was carried out on
February 5, 1999. It was 26 y~ars ago during martial law ..,.-hen a military tribunal imposed
the deat.h pena!ty by firing squad on the h ead of a dn::g-pu:;hing syndicate. He was shot in
public.
11The State derives its authority ultimately from Gi:>d. ~a y not a criminal's right to life
give way to the right of s<>: i~ ty tc salf-defense''

'Tan vs. Stewart, 42 Phil. 809.

2S ee Canaway V!; . Quintin, 42 Phil. 802.
126 TEKTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 21

are con sidered a s a punishment therefor, nor ( 2) fines and penalties im ~

posed by the cour ts in criminal proceedings as punishments fo r crime. 3 !A
p e .x:sru una. ~ J>.eim . U ' . li!? .!l~ dJ. 9J.: ..f a i l u r ~ to__ p aJ! _t~ (as it is not a debt).
In other words, debt , as used in the Constitution, r efe rs to civil debt or
one not arising fr om a criminal offen se.

Meaning of poll tax. / '

(
A p.alL Jax (or personal or capitation tax) is a tax of a fixed a mount
im posed on individuals r esiding within a specified territory, whether citi-
zens or not, without r egar d to their property or th e occupa tion in which
they may be engaged.4
The community tax (formerly r esidence t ax) is in t he nature of a poll
tax .

Purpose of prohibition against imprisonment

for no ~ payment of poll tax.
The constitutional right is a m easure dictated by a sense of h umanity
an d sympathy for t he plight of the poorer elements of th e population who
c)fnot even affor d to pa y their ced ula or poll taxes, now community t ax.5
t. , But a person is s ubject to impr ison ment for violations other t han for
non-payment of the commu nity tax (e.g., f~§i! c~ . tj Q p _g.fJ h . e COm.J.!!UQ.ity t.l:i.X..
certificate), and for non-payment of other taxes if so expressly provided by
th e pertin ent law.

SEC. 21. No person s h all be twice put in jeopard y of punish·

ment for the s a m e offense. If an act is pwlished b y a law and an
ordina nce, conviction or acquittal under either shall constitute
a b ar to anot h e r prosecution for t h e same a ct.

Right against double jeopardy.

The r.igh t_g g gj_ ~ ~t _Q ,O Y. Q!_ ej_ e g n.fy J :s ~ means that when a person is charged
with a n offense and the case is ter minated either by acquittal or conviction
or in any other manner without the express consent of the accu sed, the
latter cannot a gain be charged with the sa me or identical offe nse .1
The guarantee protects against the perils of a- second punishment a s
well as a second trial for the s a me offense.

3/bid .

'See 51 Am. J ur. 660.

lV.G. Sinco, op. cit. , p. 682.
1
Melo vs. People of the Phils ., 85 Phil. 766; Rule 116, Sec. 1; Rule 117, Sees. 5. 9 ; Rule
118, Sec. 1.
Sec. 21 ART. HI. -BILL OF RIGHTS 127

B.eqy!sjt~ tc:>r. exJste.n(:.e. of. do.~ble j~prY.

Und~r present law and jurisprudence, the accused is pJaced in double
jeopardy if the following conditions are present:
()!} He has been previously brought to trial;
(;l) In a court of competent jurisdiction (i.e., court having jurisdiction);
(3) Under a valid complaint or information (i .e., sufficient in form and
substance to sustain a conviction);
(4) He has been arraigned (see Sec. 14[2].} and pleaded (either guilty or
not guilty) to the charge;
(~) He has bee11 convicted or acquitted or the case against him has been
dismissed or otherwise terminated without his express consent; and
<,~)He is being charged again for the same offense.2
The right cannot be invoked where a petition for a declaration of a
mistrial is granted on the ground that the proceedings .have been vitiated
by lack of due process, e.g., the prosecution and the judge who tried and
decided the case acted under the compulsion of some pressure which proved
to be beyond their capacity to resist and which not only prevented the
prosecution from offering all the evidences which it would have otherwise
presented, but also predetermined the final outcome of the case. A re-trial
becomes necessary. 3

Right to appeal in criminal cases.

~ 1) The gox.er~ has no right, therefore, to appeal from a judgment
of acquittaL
(tt} The Wd:Used.,. after having been convicted, may appeal to a higher
court, but the latter may raise the penalty imposed on him by the lower
court and such is not secondjeopardy.4

Classes of double jeopardy.

It is to be observed that the provision deals with two classe:> of double
jeopardy.
.{1) Under the first sentence, the protection is against double jeopardy
for the same offen8e and not for the same act, provided he is charge-d with a
different offensetso an aci may give rise to more than one offense) except if
the "act is punished by fl law (enacted by Congress' and an ordinance"
(enacted by a local legislative body) in which case -conviction or acquittal
under either shall constitute a bar to another prosecution for the same
act."

2See Rules of Court, Rule 116, Sec. 1; Rule 117, Sees. 5, 9; Rule 118, Sec. 1.
3Galman vs. Sandiganbayan, 144 SCRA 43, Sept. 12, 1986.
•Kepner vs. U.S., 195 U.S. 100; Trvno vs. U.S., 11 Phil. 726.
 128 TEX'rBOOK ON THE PHILIPPI NE CONSTITU'l'lON Sec. 22

~ ) The second sentence contemplates double jeopardy of punishment.

for 'the same ac! (e .g., 1llegal const ruction) ~n d it applies a lthough the
offenses charged are di fferent, one cons ti tu~i{g a ~·io l ation of a statute a nd
the other of a n ordinance. /

SEC. 22. No ex post facto law or bill of attainder s hall be

enacted.

Meaning of ex post facto law.

An ~as.tJMQW JR. is one wh ich, opera ting retrospectively -
(rJ makes an a ct done before the passage of a law, innocent when don e,
criminal, and punishes such act; or
(~ aggravates a crime or makes it greater than when it was commit-
ted; or
(3) changes the punishment and inflicts a greater punishment than
what the la w annexed to the crime, when committed: or
(4) alters the legal rule s of evidence, and r et:eives less testimony than
or different testimony from what the law requ ired a t the time of the
commission of the offense, in order to convict the otfend er. 1

CbarQte _ i~1C_9.f expo~t taJ:~o _I a~ .

They are:
(}) Ex post facto laws relate to penal or cri minal matters only {c;iY.il.
iQ.~ [ . ~$ tl'U . e protected.by the.. nan-impairment clan ~ );
G2) They are retroactive in their operation; and
C~) They deprive persons accused of crime of some protection or defense
previously avail able, to their disadva ntage. E x post fact o laws are abso-
lutely prohibited unless they are favorable to the accused.
An example of an ex post fa cto law is a statute declaring as usurious
a nd unlawful, the rate of interest provided in a contract which was not
usurious under the laws in force a t the time of the execution of the
contract. 2 Not e: Usury is no longer punish able by lcnv.

Meaning of bill of attainder.

~ . bil ofattaindg_r is a legislative act which inflicts punishment without
a judicial trial.
If the punishment is less than death, the act is ca lled a b.il.l .9[p_gjft...uJJJ,...d
)1.£!l 9~.ti~s. It is included within the meaning of bill of attainder as used in
the Constitution.

'Ca ld~r vs. Hull, a Doll. 385; Me kin vs. \\'o lfe, 2 J'hil. 74.
2 U.S. vs. Conde, 42 Phil. 766.
Sec. 22 ART. llL - BILL OF RIGHTS 129

Purpose of prohibition against bill

· of attainder.
The prohibition against the enactment of bills of attainder is designed
as a general safeguard against legislative exercise of the judicial ft,nction,
or simply, trial h)' legislature.
(1) In a case where a law passed by the United States Congress de-
clared in une of its sections that three government employees named
therein were not to receive any salary after a certain date because of their
subversive activities, the U.S. Supreme Court held that the enactment was
in the natur e of a bill of pains and penalties , the Congress assuming the
r ole of a judge and giving no hearing to the parties. Hence, the provision
was void. 3
Ql') A law passed declaring members of an association guilty of subver-
sion and subjecting them to imprisonment is unconstitutional because it
convicts and penalizes without the benefit of judicial trial.
( f~ But the detention of a pri soner for a certain period pending investi-
gation and trial is not a punishment; it is a necessary extension of the well-
recognized power of the State to hold a criminal suspect for investigati(m. 4

- oOo-

3U.S. vs. Lovett, 328 U.S. 303.

'People vs. Carlos, 78 Phil. 535.