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An Introduction to the
Philippine Constitution
Paolo S. Tamase
University of the Philippines College of Law
For the Paralegal Training Program
 Presentation Outline
Part 1: Introductory Concepts
A. What is a Constitution?
B. Why Study the Constitution?
C. Historical Background
D. General Principles

Part 2: The Structure of Government

A. Limited and Divided Power
B. The Legislative Branch
C. The Executive Branch
D. The Judicial Branch
E. The “Fourth” Branch
F. Local Governments

Part 3: The Bill of Rights

A. The Fundamental Powers of the State
B. The Bill of Rights
C. A Constitution of Positive Liberty
 Learning Objectives
• Acquire a broad understanding of the
general structure of government and its
key components.
• Appreciate the limitations on government
that were imposed by the People through
the Constitution.
• Gain knowledge and paralegal skills that
are necessary for the protection of rights.
The Philippine Constitution | Part 1

INTRODUCTORY CONCEPTS
 Part 1: Introductory Concepts
A. What is a Constitution?
B. Why Study the Constitution?
C. Historical Background
D. General Principles
 Key Takeaways for Paralegals
• The Constitution embodies the vision-mission
directly approved by the people, to be
performed by the government chosen by the
people.
• The Constitution was the product of a
revolution that sought to restore freedoms
and rights lost to a dictatorship.
• The Constitution guarantees the preservation
of Philippine territory and resources.
 A. What is a Constitution?
• A “written instrument by which the
fundamental powers of the government are
established, limited and defined, and by
which those powers are distributed among the
several departments for their safe and useful
exercise for the benefit of the body politic.”
[Malcolm & Laurel, Philippine Constitutional
Law 6 (1936)]
• In contrast to ordinary law, a Constitution is
“direct from the people, acting in their
sovereign capacity[.]” [Id.]
 A. What is a Constitution
• Textually, the Constitution is a relatively
short document.
• But it is more than the text.
– Includes key principles that are inherent in our
form of Government.
– Includes key doctrines emerging from the way
state actors have interpreted the Constitution.
 B. Why Study the Constitution?
• People’s Document
– Not a lawyer’s document. Every Filipino—regardless of
educational background or status—can interpret it.
– But there are official and authoritative interpretations.
• Basic Law
– Regulates the relationship between government and the
people, and among all branches and institutions of
government.
– All laws, whether passed before or after the Constitution,
and all other governmental acts must conform to the
Constitution to have effect.
• Vision-Mission Statement
– Embodies the people’s vision of a better country and society
and gives guidelines on how that can be achieved.
 C. Historical Background
1935 Constitution
1935-1973 (~38 years)
Provided the legal basis of the
Philippine Commonwealth—a
transition between the
American occupation and full
independence.
(After 1940 amendments)
Bicameral Congress composed
of a Senate and a House of
Representatives.
President/VP elected for 4-
year terms. Maximum of 8
years of service, i.e., 2 terms.
1973 Constitution
1973-1986 (~13 years)
Promulgated after Marcos'
declaration of Martial Law.
Unicameral national assembly,
with a Prime Minister as head
of government, and a
President as head of state.
But for most of the Marcos era, term).
Marcos effectively exercised
total power.
1987 Constitution
1987-present (~35 years)
Repudiation of Martial Law
and Marcos-era policies in
favor of the restoration of
democracy.
Similar in structure to the 1935
Constitution as amended,
except for the length of
terms/re-election of the
President/VP (6-years, single
A strengthened judiciary as a
reactionary response to
Martial Law.
 D. General Principles
1. Preamble
2. Sovereign
3. Democratic and Republican
– Representative democracy
– Democratic participation
– Constituent power
4. Civilian Supremacy
5. General Welfare
6. National Territory
7. National Patrimony
 Preamble
“We, the sovereign Filipino people, imploring
the aid of Almighty God, in order to build a just
and humane society and establish a
Government that shall embody our ideals and
aspirations, promote the common good,
conserve and develop our patrimony, and
secure to ourselves and our posterity the
blessings of independence and democracy
under the rule of law and a regime of truth,
justice, freedom, love, equality, and peace, do
ordain and promulgate this Constitution.”
 “Sovereign”

Monarchy Democracy Autocracy

Ultimate power is Ultimate power is possessed by Claims that ultimate power
possessed by a single the People and exercised via is possessed by the people
person and inherited democratic participation (e.g., but is really possessed and
within the family. voting, protest, consultation) exercised by one person.
 “Democratic and Republican”
ARTICLE II

SECTION 1. The Philippines is a democratic

and republican State. Sovereignty resides in
the people and all government authority
emanates from them.
 “Democratic and Republican”
• Citizenship – “natural born,” “naturalized”
ARTICLE IV
SECTION 1. The following are citizens of the
Philippines:
(1) Those who are citizens of the Philippines at the
time of the adoption of this Constitution;
(2) Those whose fathers or mothers are citizens of
the Philippines;
(3) Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon
reaching the age of majority; and
(4) Those who are naturalized in accordance with
law.
 “Democratic and Republican”
• Republic, i.e., ARTICLE V
SECTION 1. Suffrage may be
representative democracy exercised by all citizens of the
– Sovereign power rests in Philippines not otherwise
disqualified by law, who are at
the people; but least eighteen years of age,
and who shall have resided in
– Power is exercised the Philippines for at least one
through representatives year and in the place wherein
they propose to vote for at
(officials) chosen by least six months immediately
popular vote. preceding the election. No
literacy, property, or other
– Right to vote (“suffrage”) substantive requirement shall
[Art. V] be imposed on the exercise of
suffrage.
 “Democratic and Republican”
• Democratic rights, i.e., right to participate
in government. Key examples:
– Initiative and referendum [Art. VI, § 1]
– Freedom of expression [Art. III, § 4]
– Right to association [Art. III, § 8]
– Right to assemble and petition [Art. III, § 4]
– Right to information [Art. III, § 7]
 “Democratic and Republican”
• Constitutional Supremacy
If a law or contract violates any norm of the
Constitution, that law or contract—whether
promulgated by the legislative or by the executive
branch or entered into by private persons for private
purposes—is null and void and without any force and
effect. Since the Constitution is the fundamental,
paramount and supreme law of the nation, it is
deemed written in every statute and contract.
[Manila Prince Hotel v. GSIS, G.R. No. 122156, 3 Feb.
1987)]
 “Democratic and Republican”
• Constituent Power
– i.e., the people’s power to change the Constitution
– Proposal via: (1) Congress (Con-Ass); (2) Convention;
(3) the People
ARTICLE XVII
SECTION 1. Any amendment to, or revision of, this Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of all its Members; or
(2) A constitutional convention.

SECTION 2. Amendments to this Constitution may likewise be directly proposed by

the people through initiative upon a petition of at least twelve per centum of the
total number of registered voters, of which every legislative district must be
represented by at least three per centum of the registered voters therein. No
amendment under this section shall be authorized within five years following the
ratification of this Constitution nor oftener than once every five years thereafter.
 “Democratic and Republican”
• Constituent Power (continued)
– IMPORTANT: Regardless of who proposes,
constitutional change must always be directly
approved by the people (via a plebiscite)
ARTICLE XVII
Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof
shall be valid when ratified by a majority of the votes cast in a plebiscite which shall
be held not earlier than sixty days nor later than ninety days after the approval of
such amendment or revision.

Any amendment under Section 2 hereof shall be valid when ratified by a majority of
the votes cast in a plebiscite which shall be held not earlier than sixty days nor later
than ninety days after the certification by the Commission on Elections of the
sufficiency of the petition.
 Civilian Supremacy
ARTICLE II
SECTION 3. Civilian
authority is, at all times,
supreme over the
military. …
SECTION 4. The prime
duty of the Government
is to serve and protect
the people. …
Key provisions
• Limitations on Martial
Law [Art. VII, § 18]
– Grounds (actual)
– Time limit
• Power of Congress and
the Courts to review [Id.]
• Separation of police
(civilian law-enforcement)
from military (national
defense) [Art. XVI, § 6]
 “General Welfare”
ARTICLE II

SECTION 5. The maintenance of peace and order,

the protection of life, liberty, and property, and
the promotion of the general welfare are
essential for the enjoyment by all the people of
the blessings of democracy.

• “Positive liberty” concept is discussed in Part III.

National Territory
Archipelagic Doctrine
The national territory comprises the
Philippine archipelago, with all the
islands and waters embraced
therein, and all other territories over
which the Philippines has
sovereignty or jurisdiction, consisting
of its terrestrial, fluvial, and aerial
domains, including its territorial sea,
the seabed, the subsoil, the insular
shelves, and other submarine areas.
The waters around, between, and
connecting the islands of the
archipelago, regardless of their
breadth and dimensions, form part
of the internal waters of the
Philippines. [Art. I]
National Patrimony
Regalian Doctrine
All lands of the public domain, waters, minerals,
coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or
timber, wildlife, flora and fauna, and other
natural resources are owned by the State. …
The exploration, development, and utilization of
natural resources shall be under the full control
and supervision of the State. …

… The State shall protect the nation’s marine

wealth in its archipelagic waters, territorial sea,
and exclusive economic zone, and reserve its
use and enjoyment exclusively to Filipino
citizens. … [Art. XII, § 2]
 Review: Key Takeaways for Paralegals

• The Constitution embodies the vision-mission

directly approved by the people, to be
performed by the government chosen by the
people.
• The Constitution was the product of a
revolution that sought to restore freedoms
and rights lost to a dictatorship.
• The Constitution guarantees the preservation
of Philippine territory and resources.
The Philippine Constitution | Part 2
The Philippine Constitution | Part 2
THE
THESTRUCTURE
STRUCTUREOF
OFGOVERNMENT
GOVERNMENT
Part 2: The Structure of Government
A. Limited and Divided Power
B. The Legislative Branch
C. The Executive Branch
D. The Judicial Branch
E. The “Fourth” Branch
F. Local Governments
 Key Takeaways for Paralegals
• The national government is composed of three
main branches, each of which has a distinct function
as regards law.
• No one branch of government is supreme.
– All branches of government are subordinate to the
Constitution and (in varying degrees) are accountable
to the people.
– All branches of government help each other
accomplish the directives of the Constitution.
• Knowing how each branch of government works
helps us perform our tasks better when we interact
with them on behalf of our organizations.
 A. Limited and Divided Power
• Why divide power?
– If one person possesses the power to make,
implement, and adjudge violations of the law,
then that person is the law.
– Why would this violate republican (limited)
sovereignty?
 A. Limited and Divided Power
Separation of Powers Checks and Balances
“Each department of An “elaborate system …
the government has to secure coordination
exclusive cognizance of in the workings of
matters within its various departments of
jurisdiction, and is government.”
supreme within its own
sphere.” [Angara v. Electoral Comm’n,
G.R. No. 45081 (15 July 1936)]
 A. Limited and Divided Power
• Examples
– Lawmaking: Congress enacts, but President
approves or disapproves (veto)
– Appointment of High Officials: President
appoints (nominates), but Congress confirms
– Adjudication of Disputes: Courts decide cases,
but Congress defines the courts’ jurisdiction
 A. Limited and Divided Power
• Ultimate Guardians? The People.
”…’the chief palladium of constitutional liberty . . . the
people who are authors of this blessing must also be
its guardians . . . their eyes must be ever ready to
mark, their voice to pronounce . . . aggression on the
authority of their constitution.’ In the last and ultimate
analysis, then, must the success of our government in
the unfolding years to come be tested in the crucible
of Filipino minds and hearts than in consultation
rooms and court chambers.” [Angara]
Overview of the Government
B. Legislative Branch
 Legislative Branch
SENATE
Composition 24 senators
Qualifications Natural-born citizen;
≥35 years old on election day;
Able to read and write;
A registered voter;
PH resident (at least 2 years).
Term of Office 6 years beginning June 30
Term Limit 2 consecutive terms
HOUSE OF REPRESENTATIVES
304 representatives (“congressman”)
Natural-born citizen of the Philippines;
≥25 years old on election day;
Able to read and write;
A registered voter in the district;
Resident of the district (at least 1 year).
Note special qualifications for party list
representatives.
3 years beginning June 30
3 consecutive terms
 Powers of Congress
1. Legislative power
2. Investigation and question hour
3. Electoral power
4. Martial Law review
5. Amnesty power
6. Confirmation power
7. Treaty power
8. War powers/emergency powers
9. Oversight power
10. Presidential fitness
11. Impeachment power
12. Constituent power
 1. Legislative Power
The legislative power shall be vested in the Congress of the Philippines which shall consist of
a Senate and a House of Representatives, except to the extent reserved to the people by the
provision on initiative and referendum. [Art. VI, § 1]

• Plenary legislative power

– Legislative power: the power to make, amend, and repeal laws
– Cf. “general welfare,” “police power”
– When the Constitution says, “the State shall” (66 times), that is a
directive for Congress. Broad discretion on how to implement.
While it is true that under Section 5(5), Article XIV of the Constitution Congress is mandated
to "assign the highest budgetary priority to education" in order to "insure that teaching will
attract and retain its rightful share of the best available talents through adequate
remuneration and other means of job satisfaction and fulfillment," it does not thereby
follow that the hands of Congress are so hamstrung as to deprive it the power to respond to
the imperatives of the national interest and for the attainment of other state policies or
objectives. [Guingona v. Carague, G.R. No. 94571 (22 April 1991)]
 1. Legislative Power
• Appropriations
– “Power of the purse,” i.e., to determine how
government funds will be spent
– General Appropriations Acts, a.k.a. the “National
Budget”
• Revenue
– To determine how government will be funded
– Taxes: on local properties and activities
– Tariffs/customs duties: taxes on imported products
 1. Legislative Power
• Expropriation
– Government’s right to take private property for
public use
– Subject to just compensation
• Private and local bills
– Naturalization
– Franchises
– LGUs: creation, abolition, modification
 2. Investigation and Question Hour
ARTICLE VI
SECTION 21. The Senate or the House of Representatives or any of its respective
committees may conduct inquiries in aid of legislation in accordance with its duly
published rules of procedure. The rights of persons appearing in or affected by
such inquiries shall be respected.

SECTION 22. The heads of departments may upon their own initiative, with the
consent of the President, or upon the request of either House, as the rules of
each House shall provide, appear before and be heard by such House on any
matter pertaining to their departments. Written questions shall be submitted to
the President of the Senate or the Speaker of the House of Representatives at
least three days before their scheduled appearance. Interpellations shall not be
limited to written questions, but may cover matters related thereto. When the
security of the State or the public interest so requires and the President so states
in writing, the appearance shall be conducted in executive session.
C. Executive Branch
 The President
• Qualifications
– Natural-born citizen
– ≥40 years old on election day
– Resident of the Philippines for 10 years
– Registered voter
– Able to read and write
 The President
EXECUTIVE BRANCH • Single Executive Doctrine
– Alter Ego Principle: Unless
disproved, acts of secretaries are
The President presumptively acts of the President.
Each head of a department is the
President’s alter ego in matters of
Vice-President
that department where President is
required by law to exercise
Line Departments Attached Agencies authority.
(e.g., DOJ, DOLE, DAR,
and Commissions
DOE) (e.g., SEC, NLRC) – Exception: In “cases where the Chief
Executive is required by the
Constitution or the law to act in
person or the exigencies of the
situation demand that he act
personally.”
 The Vice President
• Same qualifications as president
• “Spare tire”
– No constitutional role except to succeed to the
President during his temporary or permanent
inability to perform presidential functions.
– But this does not mean that VP is useless.
• VP may serve as a member of Cabinet when the
President appoints her (e.g., to head a department).
• By tradition, VP may undertake independent public-
service functions when her office is funded by Congress.
 Powers of the President
1. Executive power
2. Power of appointment
3. Power over legislation
4. General supervision over local government units
5. Special powers
a. Commander-in-Chief powers
b. Executive Clemencies
c. Contract and guarantee foreign loans
d. Foreign Relations
e. Deportation
f. Tariffs
6. Residual powers
 1. Executive Power
• The power to “ensure that the laws shall be
faithfully executed” [Art. VII, § 17]
• Notable examples:
– Criminal law enforcement (via DOJ)
– International treaties
– Land distribution/agrarian reform
 3. Power Over Legislation
PRESIDENT

Sign Becomes law

No action for 30
Bill Becomes law
days
≥ 2/3 of each Veto Override;
house approves becomes law
Bill sent back to
Veto
Congress
< 2/3 of each Does not
house approves become law
4. General Supervision over LGUs
Recall:
4. General Supervision over LGUs
The President of the Philippines shall exercise general supervision over local
governments. Provinces with respect to component cities and municipalities,
and cities and municipalities with respect to component barangays, shall ensure
that the acts of their component units are within the scope of their prescribed
powers and functions. [Art. VII, § 4]

In administrative law, supervision means overseeing or the power or authority

of an officer to see that subordinate officers perform their duties. If the latter
fail or neglect to fulfill them, the former may take such action or step as
prescribed by law to make them perform their duties. Control, on the other
hand, means the power of an officer to alter or modify or nullify or set aside
what a subordinate officer ha[s] done in the performance of his duties and to
substitute the judgment of the former for that of the latter. [Pimentel v. Aguirre,
G.R. No. 132988 (July 19, 2000)]
4. General Supervision over LGUs
- e.g., Corrupt municipal contract.
- The President cannot invalidate the municipal contract,
even if it is illegal.
- But the President (usually through the SILG) can
discipline the responsible municipal officials.
5.a. Commander-in-Chief Powers
Calling Out Power Suspend Privilege of Martial Law
Writ of Habeas Corpus
Power (Exceptionally) deploy Prevent courts from Assert direct control and
military for peace and ordering the release of restore/maintain order
order functions. persons detained by the via the military.
government.
Grounds Imminent or actual (1) Invasion, when the public safety requires it; or
invasion, rebellion, or (2) Rebellion, when the public safety requires it.
lawless violence
Checks and Courts – review when • Congress – revoke or extend
Balances there is grave abuse of • Supreme Court – review factual basis
discretion.
Effect on • The Constitution, particularly the Bill of Rights, remains in force and
other cannot be suspended even via Martial Law.
Institutions • Congress remains open.
• The courts remain open.
5.a. Commander-in-Chief Powers
• Special relevance for paralegals
– Bail petitions can still be filed even in
extraordinary circumstances.
– Factual basis for the suspension of PWHC and
declaration of Martial Law can be questioned
by any citizen directly before the Supreme
Court.
• Very fast-moving proceeding.
D. Judicial Branch
 The Judicial Branch
The judicial power shall be vested in
JUDICIAL BRANCH
one Supreme Court and in such
lower courts as may be established
by law. [Art. VIII, § 1]
Supreme Court

Appellate Collegiate
Courts
(CA, SB, CTA)

Inferior Courts
(RTC, MTC)

Sharia Court System

 What is Judicial Power?
1. Case or Controversy
• “the duty of the courts of
justice to settle actual
controversies involving
rights which are legally
demandable and
enforceable” [Art. VIII, § 1]
• Three types:
– Civil cases:
Person A v. Person B
– Criminal cases:
People of the Phil. v. Person X
– Administrative cases:
Agency v. Person Y
2. Judicial Review
• “to determine whether
or not there has been a
grave abuse of
discretion amounting to
lack or excess of
jurisdiction on the part
of any branch or
instrumentality of the
Government.”
• i.e., to invalidate acts
that are inconsistent
with the Constitution
 Important Judicial Concepts
• Stare Decisis
– A “principle underlying the decision in one case is
deemed of imperative authority, controlling the
decisions of like cases in the same court and in
lower courts within the same jurisdiction, unless
and until the decision in question is reversed or
overruled by a court of competent authority.” [De
Castro v. JBC, G.R. No. 191002 (20 April 2010)]
– i.e., “adherence to precedent”
– Rationale: stability and fairness
 Important Judicial Concepts
• Judicial Independence
– Constitution has safeguards to ensure that the
judiciary will not be controlled by the political
branches. Examples:
• Security of tenure for justices and judges
• Fiscal autonomy for the courts
– Rationale: Vital role of the judiciary
• Arbiter of intragovernmental and interbranch
disputes [See Angara v. Electoral Commission, G.R.
No. 45081 (July 15, 1936)]
• Final interpreter of the Constitution
E. The “Fourth” Branch
 Administrative Agencies
This Rule shall apply to appeals from judgments or final orders of the
Court of Tax Appeals and from awards, judgments, final orders or
resolutions of or authorized by any quasi-judicial agency in the exercise
of its quasi-judicial functions. Among these agencies are the Civil
Service Commission, Central Board of Assessment Appeals, Securities
and Exchange Commission, Office of the President, Land Registration
Authority, Social Security Commission, Civil Aeronautics Board, Bureau
of Patents, Trademarks and Technology Transfer, National Electrification
Administration, Energy Regulatory Board, National
Telecommunications Commission, Department of Agrarian Reform
under Republic Act No. 6657, Government Service Insurance System,
Employees Compensation Commission, Agricultural Invention Board,
Insurance Commission, Philippine Atomic Energy Commission, Board of
Investments, Construction Industry Arbitration Commission, and
voluntary arbitrators authorized by law. [Rules of Court, Rule 43, § 1]
• Others: National Labor Relations Commission (NLRC), Philippine
Competition Commission (PCC), Intellectual Property Office (IPO), Bureau of
Internal Revenue (BIR), Tariff Commission
 Administrative Agencies
• Bodies (or persons) that “regulate, administer or adjudicate
matters affecting substantial rights and interests of private
persons.” [Adm. Code, Introductory Prov., Section 2(11)]
• Not created by the Constitution but allowed under our
constitutional framework.
– Powers: Depends on law creating them, but can be executive,
quasi-legislative, and quasi-judicial
– Laws v. Rules/Regulations
• Law: Passed by Congress, approved by the President
• Rules/Regulations: Issued by Administrative Agencies to implement laws.
But can also be implemented and adjudicated by the same issuing
Administrative Agency.
– Question: Does this arrangement violate separation of powers?
Where are Administrative Agencies?
F. Local Governments
 Where are the LGUs?
Recall:
 Local Governments
• Not part of the national government
• But key powers mirror national government
– Important rule: Rules of Preemption
– Important example: Local taxes (business taxes) and real property taxes
• Ordinances = local laws
– Local sanggunian (panlalawigan, panlungsod, bayan, barangay):
pass ordinances
– Local executive (governor, mayor, chairman):
implement ordinances
• Includes key local offices:
e.g., City or Municipal Treasurer, City or Municipal Assessor, Business and
Licensing Office
 Local Officials
LGU Legislative Executive
Province Sangguniang Panlalawigan Governor
City/Municipality Sangguniang Panlungsod/Bayan City/Municipal Mayor
Barangay Sangguniang Barangay Chairman
Example
 Review: Key Takeaways for Paralegals
• The national government is composed of three
main branches, each of which has a distinct function
as regards law.
• No one branch of government is supreme.
– All branches of government are subordinate to the
Constitution and (in varying degrees) are accountable
to the people.
– All branches of government help each other
accomplish the directives of the Constitution.
• Knowing how each branch of government works
helps us perform our tasks better when we interact
with them on behalf of our organizations.
The Philippine Constitution | Part 3

THE BILL OF RIGHTS

 Key Takeaways for Paralegals
• The State has inherent powers that it
possesses not by express grant of the
Constitution, but because of its nature as a
state.
• The Constitution, including the Bill of Rights, is
the people’s limitation on those inherent
powers.
• Understanding these basic rights helps us not
only with our paralegal work, but also in our
responsibilities as citizens.
 Recall: Preamble
“We, the sovereign • Key inferences:
Filipino people, – Limited sovereignty: The State
imploring the aid of is the creation of the people.
Almighty God … do
– Through the Constitution, the
ordain and
promulgate this people vest their government
with certain powers.
Constitution.”
– But does the government
possess only powers explicitly
mentioned in the
Constitution? No.
A. Fundamental Powers of the State
POLICE POWER EMINENT DOMAIN TAXATION
(cf. Expropriation)
Power to promote public Power to take, or to Power to demand
welfare by restraining authorize the taking of, contribution (i.e., taxes)
and regulating individual private property for to defray (a) the
liberties and the use of public use without the necessary expenses of
property. owner’s consent, the government, and (b)
conditioned upon to be able to carry out, in
payment of just particular, any and all
compensation. projects that are
supposed to be for the
common good.
Limit: Constitutional Rights

Constitutional Rights

Positive Rights
Negative Rights (State Policies,
(Bill of Rights) Constitutional
Directives)
 B. The Bill of Rights
• Article III of the Constitution
– 22 sections, but more than 22 distinct fundamental
rights
• State actor doctrine
– Bill of rights applies against government only.
• Rationale: Meant as a restraint against sovereign
authority.
– Possible exception: Private actor who exercises a
function traditionally exclusively reserved to the
State.
• But not: Searches by private parties [People v. Marti, G.R.
No. 81561 (18 Jan. 1991)]
 Section 1
No person shall be • Due Process
deprived of life, – Procedural
liberty, or property – Substantive
without due process • Equal Protection
of law, nor shall any
person be denied the
equal protection of
the laws.
 Section 2
The right of the people to be
secure in their persons, houses,
• Warrant requirement
papers, and effects against – Unreasonable searches
unreasonable searches and
seizures of whatever nature and
and seizures
for any purpose shall be – Arrest
inviolable, and no search warrant
or warrant of arrest shall issue
except upon probable cause to be
determined personally by the
judge after examination under
oath or affirmation of the
complainant and the witnesses
he may produce, and particularly
describing the place to be
searched and the persons or
things to be seized.
Exceptions to the Warrant Requirement
Arrests Searches and Seizures
• In flagrante delicto • Incident to a lawful
• Hot pursuit arrest
• Escaped prisoners • Plain view
• Moving vehicle
• Consented
• Customs search
• Stop and frisk
• Exigent and emergency
circumstances
 Important for Paralegals
• Warrants are issued by a judge.
– Rare exception: Immigration Mission Orders.
• But still subject to procedural due process and
reasonability requirements.
• Warrants are issued upon verified (sworn)
applications.
– Usually in the form of an affidavit, executed by
a person who has personal knowledge of facts
supporting probable cause.
 Section 3
(a) The privacy of • Right to privacy
communication and
correspondence shall be – In general (penumbra)
inviolable except upon lawful – Communication and
order of the court, or when
public safety or order requires
correspondence
otherwise, as prescribed by
law.

(b) Any evidence obtained in

violation of this or the
preceding section shall be
inadmissible for any purpose
in any proceeding.
 Section 4
No law shall be passed
abridging the freedom of
speech, of expression, or of
the press, or the right of the
people peaceably to assemble
and petition the government
for redress of grievances.
• Freedom of speech
• Freedom of expression
• Freedom of the press
• Right to peaceful
assembly and to
petition government for
redress of grievances
 Important for Paralegals
• Re: written rally permits
– See B.P. Blg. 880 (“Public Assembly Act”)
– Permits issued by mayor
• Considerations: time, place, manner. [Content-Neutral]
• But mayor cannot refuse a rally based on the content or advocacy
of the rally. [Content-Based]
– Consequences of rallies without permits
• Mere attendee: No penalty. Cannot be arrested.
• Leader: Punishable.
– No prior permit required in:
• Designated freedom parks
• State educational institutions (subject to school’s rules)
• Private property (but consent of owners is needed)
– B.P. Blg. 880 not applicable to political meetings and rallies
during election campaign period.
 Section 5
No law shall be made • Non-Establishment
respecting an • Free Exercise
establishment of religion,
or prohibiting the free
exercise thereof. The free
exercise and enjoyment of
religious profession and
worship, without
discrimination or
preference, shall forever
be allowed. No religious
test shall be required for
the exercise of civil or
political rights.
 Section 6
The liberty of abode and of • Liberty of abode
changing the same within the
limits prescribed by law shall • Right to travel
not be impaired except upon
lawful order of the court.
Neither shall the right to • What about:
travel be impaired except in
the interest of national – Quarantines—see LGC
security, public safety, or – Curfew—see SPARK v.
public health, as may be
Quezon City, G.R. No.
provided by law.
225442 (08 Aug. 2017)
 Section 7
The right of the people to
information on matters of
public concern shall be
recognized. Access to official
records, and to documents
and papers pertaining to
official acts, transactions, or
decisions, as well as to
government research data
used as basis for policy
development, shall be
afforded the citizen, subject to
such limitations as may be
provided by law.
• Right to information
• “Subject to such
limitations as may be
provided by law”
– Technically, unless
Congress or courts restrict,
info is presumably covered
by right to information.
– In practice, hard to
enforce.
• Courts must intervene
when request is rejected by
agency.
• What about FOI EO?
 Section 8
The right of the people, • Right to association
including those employed in
the public and private sectors, • Re: government
to form unions, associations, employees
or societies for purposes not
contrary to law shall not be – Can form and join unions
abridged. – Collective Negotiation
Agreement
 Section 9
Private property shall not be • Right to just
taken for public use without
just compensation. compensation
– Cf. Eminent Domain
 Section 10
No law impairing the • Non-Impairment Clause
obligation of contracts shall be
passed. – But laws (in the exercise
of police power) that
affect existing contracts
do not violate non-
impairment.
 Section 11
Free access to the courts and
quasi-judicial bodies and
adequate legal assistance shall
not be denied to any person
by reason of poverty.
• Adequate legal
assistance
– Right to competent
public representation,
e.g., Public Attorney’s
Office
– But no right to choose a
particular lawyer de
oficio
 Section 12(1)
1. Any person under • Miranda Rights
investigation for the
commission of an offense shall (Rights under Custodial
have the right to be informed Investigation)
of his right to remain silent
and to have competent and
– To remain silent.
independent counsel – To have competent and
preferably of his own choice. If independent counsel
the person cannot afford the
(preferably of his own
services of counsel, he must
be provided with one. These choice).
rights cannot be waived – To be informed of these
except in writing and in the rights.
presence of counsel.
 Section 12(2)-(3)
2. No torture, force, violence,
threat, intimidation, or any
other means which vitiate the
free will shall be used against
him. Secret detention places,
solitary, incommunicado, or
other similar forms of
detention are prohibited.
3. Any confession or
admission obtained in
violation of this or Section 17
hereof shall be inadmissible in
evidence against him.
• Right against torture
• Right against
secret/solitary detention
• Exclusionary rule
– For confessions secured in
violation of (a) Miranda
rights, (b) right against
torture/solitary detention,
(c) right against self-
incrimination, infra.
 Section 13
All persons, except those • Right to bail
charged with offenses
punishable by reclusion – Except: Reclusion
perpetua when evidence of Perpetua (and death)
guilt is strong, shall, before
conviction, be bailable by • Cf. Suspension of
sufficient sureties, or be Privilege of Writ of
released on recognizance as
may be provided by law. The Habeas Corpus
right to bail shall not be
impaired even when the
privilege of the writ of habeas
corpus is suspended. Excessive
bail shall not be required.
 Important for Paralegals
• Definition
– Bail: the “security given for the release of a person in
custody of the law, furnished by him or a bondsman, to
guarantee his appearance before any court …” [Rules
of Court, Rule 114, § 1]
• Kinds of bail
– Corporate surety
– Property bond
– Cash deposit
– Recognizance
• Bail amount is recommended by the prosecutor
(fiscal) but ultimately set by the court.
 Important for Paralegals
• Bail is paid to the court, not to the
police/prosecutor.
• Requirements are set by each court, but in general:
1. Mug shots
2. Map/sketch showing residence, as certified by
Barangay Chairman
3. Barangay Certificate (i.e., resident for a certain
number of years)
4. Court Clearance (i.e., not being detained for any
other crimes)
5. Undertaking to Appear
6. Waiver of Appearance
 Section 14
No person shall be held to answer for a criminal offense without due process
of law.

In all criminal prosecutions, the accused shall be presumed 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 of the 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 witnesses and the
production of evidence in his behalf. However, after arraignment, trial may
proceed notwithstanding the absence of the accused: Provided, that he has
been duly notified and his failure to appear is unjustifiable.
 Section 14
• Rights of the Accused
– Criminal due process
– Presumption of innocence
– Right to be heard (by himself and counsel)
– Right to be informed of the nature and cause of
the accusation against him
– Speedy, impartial, and public trial
• Except: Trial in absentia
– Right to confront witnesses
– Right to compulsory process
 Sections 15, 16, 17
§ 15. The privilege of the writ of • Discussed supra.
habeas corpus shall not be
suspended except in cases of
invasion or rebellion, when the
public safety requires it.

§ 16. All persons shall have the • Right to speedy disposition of

right to a speedy disposition of
their cases before all judicial,
quasi-judicial, or administrative
bodies.
cases
– Not just for criminal cases
– How is this enforced?

§ 17. No person shall be • Right against self-incrimination

compelled to be a witness against – If accused: Right not to be called as
himself. a witness
– If witness: Right not to answer an
incriminating question
 Section 18
(1) No person shall be detained • Right against political
solely by reason of his political
imprisonment
beliefs and aspirations.
– Unique to 1987 Const.
– Arose from Martial Law

(2) No involuntary servitude in • Right against involuntary

any form shall exist except as a servitude
punishment for a crime whereof
the party shall have been duly – Note: Does not rule out penal
convicted. labor
 Section 19
Excessive fines shall not be imposed, nor • Right against
cruel, degrading or inhuman punishment
inflicted. Neither shall death penalty be
excessive fine
imposed, unless, for compelling reasons • Death penalty repeal
involving heinous crimes, the Congress
hereafter provides for it. Any death
– But reversed by
penalty already imposed shall be Congress in 1993.
reduced to reclusion perpetua. – Repealed again in
2006.
The employment of physical, • Right to humane
psychological, or degrading punishment
against any prisoner or detainee or the treatment
use of substandard or inadequate penal
facilities under subhuman conditions
shall be dealt with by law.
 Sections 20, 21, 22
§ 20. No person shall be • Non-Imprisonment for Debt
imprisoned for debt or non- – Why? Unjustly punishes the poor.
payment of a poll tax. • Non-Payment of Poll Tax
– Poll tax: Tax to be able to vote.
– Just poll tax. Can be imprisoned for
others.

§ 21. No person shall be twice put • Right against double jeopardy

in jeopardy of punishment for the
same offense. If an act is
punished by a law and an
ordinance, conviction or acquittal
under either shall constitute a bar
to another prosecution for the
same act.

§ 22. No ex post facto law or bill • Right against ex post facto laws
of attainder shall be enacted. • Right against bills of attainder
 C. Positive Liberty
• 1987 Constitution reflects a modern understanding
of the State
– Not only concerned with negative liberties (i.e., bill of
rights), but freedom of economic insecurity and unjust
social structures
• “Positive” constitutional rights
– Unlike bill of rights (negative, preventive), these require
the State to do something.
– But these are just instructions of the People that are
generally addressed to Congress. (Why?)
– So, while we possess these rights, we cannot enforce
these in court unless Congress passes corresponding
laws.
 C. Positive Liberty
• Most important in Article II (State Policies) and
Article XIII (Social Justice and Human Rights)
• Examples:
– Right to social justice
– Right to health
– Right to balanced and healthful ecology
– Right to labor
– Right to agrarian reform
– Rights of indigenous cultural communities
 Review: Key Takeaways
• The State has inherent powers that it
possesses not by express grant of the
Constitution, but because of its nature as a
state.
• The Constitution, including the Bill of Rights, is
the people’s limitation on those inherent
powers.
• Understanding these basic rights helps us not
only with our paralegal work, but also in our
responsibilities as citizens.
An Introduction to the
Philippine Constitution
Paolo S. Tamase
University of the Philippines College of Law
For the Paralegal Training Program