LAW AND RELATED STUDIES

According to Force or Effect

Law

-set of rules that are laid down to regulate the

government of the state and control the relationship Mandatory Permissive
between the state and its citizens

-governs the relationship between one citizen and

another which is enforceable by the courts Mandatory or Prohibitive
laws are those which have to
Natural Law be complied with, because Permissive laws are those
they are expressive of public which may be deviated
-derives from the nature of man and the world policy; disobedience is from the individual so
punished either by direct desires
-discoverable through the use of reason in accord penalties or by considering
with nature, eternal and unchangeable, and an act or contract void
applicable to all persons
Sources of Law
-Natural law theory supports universally shared
moral principles and norms -Legal sources differ in their relative authority.
Some are persuasive in varying levels or degree
Positivism and some are binding. Some are just tools which
are useful for searching or finding other materials.
-moral law is relative, subjective, and changeable
a. Primary Sources
-Positivists espouse relativism and subjectivism with
These are sources of law which are
respect to what is proper or improper
recorded laws and rules which will be
enforced by the State
Found in statutes passed by the
“Although natural law is essential to Christianity, Christianity legislature, regulations and rulings of
is not essential to natural law.” administrative agencies and decisions of
appellate courts
Natural law is in agreement with God's will, not because of b. Secondary Sources
divine revelation, but because the nature of man and the These are sources of law which are
world mirror God's will. publications but does not contain primary
authority
c. Finding Tools
Classification of Laws Finding tools will help search materials and
locate these legal sources
According to Application Does not possess any primary or
persuasive authority. These are only
means of locating primary sources.

Public Private Sources of Law in the Philippines

The Constitution - the fundamental and supreme

Public laws are laws that
define the relationship
between the State and the
individual
According to Nature
Substantive
Substantive law is the law
that creates, defines and
regulates. This also
establishes rights and
duties.
Private laws are laws that
define the relationship
between individuals
Procedural
Procedural law defines the
method or proceedings in the
enforcement of the rights and
duties defined in substantive
law
law of the land
Statutes - including Acts of Congress, municipal
charters, municipal legislation, court rules,
administrative rules and orders, legislative rules and
presidential issuances.
Treaties and conventions - these have the same
force of authority as statutes.
Judicial decisions - Art 8 of the Civil Code provides
that ‘judicial decisions applying to or interpreting the
laws or the Constitution shall form a part of the legal
system of the Philippines’. Only decisions of its
Supreme Court establish jurisprudence and are
binding on all other courts.
To some extent, customary law also forms part of
the Filipino legal system. Art 6, para 2 of the
Constitution provides that ‘the State shall recognize,
respect, and protect the rights of indigenous cultural
communities to preserve and develop their cultures,
traditions and institutions’.
Law-making Process
LAW AND RELATED STUDIES
SST 213 2ND Examination

CONSTITUTION CRITICS OF THE PREAMBLE

- A written instrument by which the fundamental powers of
government are established, limited, and defined, and by
which these powers are distributed among several
departments, for their more safe and useful exercise, for
the benefit of the body politic (Pamis, 2008)
- This refers to the body of doctrines and practices that form
the organizing principle of a state – the paramount law of
the land.
• In the course of the initial deliberations, there were those
who felt that the Preamble should be formulated only after
the body of the Constitution had been completed.
• Others, however, thought that, since the Commissioners
themselves were in a position to enumerate, at least
tentatively, the ideals and aspirations of the Filipino people,
a Preamble formulated in advance could serve as a guide
for the rest of the work of the Commission.

- A municipal law and binds only the nation promulgating it. It Preamble of the 1973
will not bind internationally unless supported by Constitution
international law. We, the sovereign Filipino
people, imploring the
PHILIPPINE CONSTITUTION THROUGH THE YEARS guidance of the Divine
Providence, to establish a
➢ 1899 Malolos Constitution Government that shall
➢ 1935 Constitution embody our ideals and
➢ 1943 Constitution aspirations, promote the
➢ 1973 Constitution common good, conserve
➢ 1987 Constitution and enhance our patrimony,
secure to ourselves and our
posterity the blessings of
participatory democracy
CLASSIFICATION OF CONSTITUTION under a rule of justice,
(As norms of Governmental Action) peace, freedom, and
equality, do ordain and
promulgate this Constitution.
1. Normative 2. Nominal 3. Semantic
Constitution Constitution Constitution
Preamble of the 1986
Constitution
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.

Constitution which A tool for the

Norms direct cannot yet be fully
governmental action operative due to socio-
economic conditions.
Its principal value is
educational which points
Government adjust its
towards the mature
actions to the norms
state to which a fledging
polity must grow
perpetuation of power in WHAT HAPPENED DURING THE DELIBERATION?
the hands of power
holders.
• Committee’s “guidance” gave way to “aid” as the more all-
embracing term.
Instead of limiting the
power, the semantic
constitution does the
opposite.
• The word “enhance” yielded to the 1935’s and 1973’s
“conserve and develop”

• The addition of the more dynamic word "aspirations" to the

passive sounding "ideals" was accepted.
PARTS OF THE CONSTITUTIONAL DOCUMENT
• The modifier "participatory," which the Committee said was
meant to introduce the element of direct democracy and
"people power," was deleted as being tautological.
1. Constitution of 2. Constitution of 3. Constitution of
GOVERNMENT LIBERTY SOVEREIGNTY
• Attempt to restore the phrase “general welfare” in the place
of the Committee's phrase "common good" was not
Provisions which
Provisions which outline accepted.
Provisions which set up guarantee individual
the governmental fundamental liberties
the process whereby the
sovereign people may
➢ The change from "general welfare" to "common good"
structure. against governmental
abuse.
change constitution. was intended to project the idea of a social order that
enables every citizen to attain his or her fullest
The PREAMBLE development economically, politically, culturally, and
spiritually.
- refers to the introductory part of a constitution or statute
that usually states the reasons for and intent of the law. • An attempt to substitute "Lord of History" or "God of
History” for "Divine Providence" was made on the
DELIBERATION ON THE COMMITTEE REPORT reasoning that the suggested substitute connoted active
involvement of God in the affairs of men.
- The very first Committee Report to come out for
➢ But the suggestion was rejected when it was pointed
deliberation by the 1987 Constitutional Commission was a
out that the phrase could be misunderstood as an
draft of a preamble. The draft was a modification of the
acceptance of the Marxist concept of history as being
Preamble of the 1973 Constitution
the only God. Instead, the phrase "Almighty God" was
chosen as being more personal than "Divine
Providence" and therefore more consonant with
LAW AND RELATED STUDIES
SST 213 2ND Examination
Filipino religiosity.
• Insertion of the phrase "a just and humane society".
➢ The phrase added the notion that a constitution not
merely sets up a government but is also an instrument
for building the larger society of which government is
merely a part
• An attempt to substitute "equity" for "equality" was rejected.
➢ Subject to the interpretation that the Commission was
rejecting the enshrinement of "equality" already made
by the 1973 Constitution.
➢ The 1973 Preamble had added "equality" to reflect the
mounting wave of protests against basic social
inequalities which even at the time of the 1971
Constitutional Convention plagued Philippine society.
• The Committee's desire to substitute "rule" for "regime"
was rejected. Instead, the phrase "rule of law" was
inserted, and the concluding litany was made to read "truth,
justice, freedom, love, equality and peace".
• The introduction of the word "love" probably makes the
Philippines the only nation to enshrine the word in its
Constitution.
➢ It serves as a monument to the love that prevented
bloodshed in the February Revolution of 1986.
➢ Insertion of "truth" is a protest against the deception
that characterized the Marcos regime.
➢ The enumeration captures a stream in Catholic
thought which sees peace as the fruit of the
convergence of truth, justice, freedom, and love.
THE PURPOSE AND EFFECT OF PREAMBLE
• The identification of the Filipino people as the author of the
constitution also calls attention to an important principle
that the document is not just the work of representatives of
the people but of the people themselves who put their mark
of approval by ratifying it in a plebiscite.
• In Aglipay v. Ruiz, for instance, Justice Laurel - seeking
the true meaning of separation of church and state in
Philippine jurisprudence
➢ allude to the invocation of the “aid of Divine
Providence” found in the 1935 Preamble.
• 1935 text had also stated that one of the objects of the
promulgating of the constitution was “to secure to
themselves and their posterity the blessings of
independence.”
➢ The text thus suggested that independence was still
merely an aspiration (as indeed it was then) and not
yet a possession of the Filipino people.
➢ To remove this anachronistic suggestion, the
Preamble now, as also the 1973 Preamble, speaks of
the “blessings of democracy” and calls the Filipino
people “sovereign.”
ARTICLE 1: 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 water around,
between, and connecting the islands of the archipelago; regardless of
their breadth and dimensions, forms part of the internal waters of the
Philippines.
IMPORTANCE OF DEFINING A TERRITORY
• 1935 - To prevent the United States from dismembering the
Philippines. To preserve the territorial integrity.
• 1973 - Adherence to the archipelagic principle
• 1987 - Educational value; apprehension that absence of this
provision would be difficult to explain.
SCOPE OF NATIONAL TERRITORY:
1. Archipelago
2. All other territories over which the Philippines has
sovereignty or jurisdiction.
3. Territorial sea, seabed, subsoil, and other submarine areas
of (1) and (2).
4. Terrestrial, fluvial, and aerial domains of (1) and (2).
ISSUES IN THE NATIONAL TERRITORY
• For purposes of settling international conflicts, however, a
legal instrument purporting to set out the territorial limits of
the state must be supported by some recognized principle
of international law.
• Philippine constitutionalism accepts the principle that it is
not the Constitution which definitely fixes the extent of
Philippine territory.
• The 1935 constitution served as the basis for defining the
national territory (Treaty of Paris)
➢ left some doubt about the inclusion within:
+ Ceded territory of the Batanes Islands – North
+ Islands of Sibutu and Cagaya de Sulu – South
+ Turtle and Mangsee Islands
• The Treaty of Washington of November 7, 1900
corrected the error with respect to the Islands of Sibutu and
Cagayan de Sulu, and jurisdiction over the Turtle and
Mangsee Islands was clarified by the convention
concluded between Great Britain and the United States
of January 2, 1930.
• Exercising jurisdiction refers to Batanes Islands, which lies
outside lines drawn by Treaty of Paris. This also includes
Sabah, Marianas, Freedomland.
• Neither claims nor disregards Sabah but asserts a legal
situation in which Sabah can have a place in Phil territory
depending on outcome of current dispute.
• In 1972, Delegate Voltaire Garcia wants to delete the
entire article of the national territory under 1973
constitution draft.
➢ Argued that territorial definition was subject of
international law, not a municipal law
➢ The Philippine territory was already defined by existing
treaties.
➢ He was accused of tacit expansionism
+ Garcia said that international law recognized
peaceful modes of acquiring new territory.
+ He retorted that the real advocates of expansionism
were those who positively wished to mandate the
state to pursue claims over areas not clearly within the
Philippine territory.
 LAW AND RELATED STUDIES
SST 213 2ND Examination

+ singled out the movement to claim the Marianas ➢ TERRITORY

Islands, a trust territory which the United Nations was
then preparing for independence. ➢ SOVEREIGNTY - property of a state-force due to
which it has the exclusive capacity of legal self-
• Sorongon found the mention of the Treaty of Paris a determination and self- restriction (Jellinek).
repulsive reminder of the indignity of our colonial past. + Legal Sovereignty
Gunigundo, in utter disregard of the historic evolution of the - supreme power to make law which is lodged in the
Filipino nation, claimed that the Philippines existed before people.
Magellan ever came. + Political Sovereignty
- the sum of all the influences in a state, legal and
non- legal, which determine the course of law.
ELEMENTS
OF ➢ GOVERNMENT - that institution by which an
ARCHIPELAGIC independent society makes and carries out those
PRINCIPLE rules of action.
+ Legislative
+ Executive
+ Judicial
Claim on internal waters Straight baseline method
irrespective of breadth of delineating territorial COUNTRY STATE NATION
and Dimension sea. • Geographical • Legal • Nationality

TYPES OF STATES IN THE PHILIPPINE

CONTEXT
CONSTITUTION: Internal Waters
UNCLOS: Archipelagic Waters
MARCOS
REPUBLICAN STATE DEMOCRATIC STATE CONSTITUTIONAL
AUTHORITARIANISM
UNCLOS limits straight baselines to
CONFLICT BETWEEN UNCLOS AND 125 nautical miles.
CONSTITUTION
Constitution extends beyond 125 mi. Reference to aspects of direct
Democracy such as initiative and Assumption of extraordinary
All government authority
referendum. Also, a monument powers by the President
emanates from the people and is
to 1986 revolution that rewon authorized by the legitimately
exercised by representatives
freedom through direct action of enacted Constitution.
the people.
When RP ratified UNCLOS, it added a
declaration that the signing shall not
impair sovereign rights arising from
the Constitution. NATURE AND FUNCTIONS OF GOVERNMENT
Constituent Function Ministrant Function
(Compulsory) (Optional)
ARTICLE II: DECLARATION OF PRINCIPLES AND 1. Keeping of order and 1. That a government should
providing for the protection do for the public welfare
STATE POLICIES of persons and property those things which private
from violence and robbery capital would not naturally
2. Fixing of the legal relations undertake
• Statement of the basic ideological principles and policies between man and wife and 2. That a government should
that underlie the constitution. between parents and do those things which by
children its very nature it is better
• Provisions shed light on the meaning of other provisions of 3. Regulation of property and equipped to administer for
the Constitution. Guide for all departments of government determination of its the public welfare than is
liabilities for debt or for any private individual or
in the implementation of the Constitution. crime group of individuals.
4. Definition and punishment
PRINCIPLES POLICIES of crime
• binding rules that 5. Administration of justice in
• guidelines for the
civil cases
must be observed orientation of the 6. Determination of political
in the conduct of state. duties, privileges, and
government relations of citizens
7. Dealings of the state with
foreign powers.
8. Dealings of the state with
foreign powers; the
SECTION 1: preservation of the state
from external dandier or
encroachment and the
• The Philippines is a democratic and republican State. advancement of its
Sovereignty resides in the people and all government international interest.
authority emanates from them.

STATE - Community of persons more or less numerous, permanently CASE EXAMPLE

occupying a definite portion of territory, independent of external
• Bacani vs. NACOCO
control, and possession an organized government to which the great
➢ Issue: Whether NACOCO was part of the government
body of inhabitants render habitual obedience.
or not
• 4 Elements of the State: ➢ Held: Because NACOCO was a corporation with
➢ PEOPLE: community of persons sufficient in number personality distinct from the government, it was clearly
and capable of maintaining the continued existence of not part of the government and could not therefore
the community and held together by a common bond claim the privileges that flow from sovereignty.
of law
LAW AND RELATED STUDIES
SST 213 – 3RD EXAMINATION
Article II. Declaration of Principles and State
Policies
PRINCIPLES (Section 1 – 6)
ARTICLE II: SECTION 1
The Philippines is a democratic and republican State. Sovereignty
resides in the people and all government authority emanates from
them.
ARTICLE II: SECTION 2
The Philippine renounces war as an instrument of national policy,
adopts the generally accepted principles of international law as part
of the law of the land and adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with all nations.
• Renounces aggressive not defensive war – only an act of
defense
• Adoption of generally accepted principles depends on
jurisprudential development
• (1) Right of an alien to be released on bail while awaiting
deportation when his failure to leave the country is since no
country will accept him
• (2) Right of a country to establish military commissions to
try war criminals
• (3) Vienna Convention on Road Signs and Signals
• (4) Duty to protect embassies and legations
• Affirmation of amity does not mean automatic diplomatic
recognition of all nations. Amity with all nations is an ideal
to be aimed at. Diplomatic recognition remains a matter of
executive discretion.
• Principles of international law vs Statute
-Whichever is passed later prevails
-International law has same weight as statute
ARTICLE II: SECTION 3
Civilian authority is, at all times, supreme over the military. The
Armed Forces of the Philippines is the protector of the people and the
State. Its goal is to secure the sovereignty of the State and the
integrity of the national territory.
• Civilian supremacy clause: civilian authority is supreme
• Mark of sovereignty clause: Military as guardian of the
people, integrity of the national territory and ultimately of
the majesty of the law.
• Expression of disapproval of military abuses
• Section 3 is capsule description of the vocation of a soldier
• The president is the commander-in-chief of the armed
forces of the Philippines
> The army, navy, air force, marines
> Appointment of the high ranking officials is vested in the
President
ARTICLE II: SECTION 4
The prime duty of the Government is to serve and protect the
people. The Government may call upon the people to defend the
State and, in the fulfillment thereof, all citizens may be required,
under conditions provided by law, to render personal military or civil
service.
• Defense of state is no longer the prime duty of government.
• Provisions in 1935 and 1973 led to interpretations that
justified a national security state offensive to the people
• Present version places emphasis on service to and
protection of the people
• Under conditions provided by law emphasizes primacy of
serving the interest of the people and protecting their rights
even when there is need to defend the state.
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.
• Duty of the government to maintain peace and order
➢ Through making laws
➢ Enforcing laws
➢ Promote general welfare
ARTICLE II: SECTION 6
The separation of Church and State shall be inviolable.
• State policies are not laws, but exhortations on
government.
• The free exercise and enjoyment of religious profession
and worship, without discrimination or preference, shall
forever be allowed.
• The government shall not favor any religion, support them
using public funds, or even establish or set up a church
• The state cannot punish a person for entertaining or
professing religious beliefs or disbeliefs
STATE POLICIES (Section 7 – 28)
ARTICLE II: SECTION 7
The State shall pursue an independent foreign policy. In its
relations with other states the paramount consideration shall be
national sovereignty, territorial integrity, national interest, and the
right to self-determination.
• Republic Act No. 7157, otherwise known as "Philippine
Foreign Service Act of 1991" gives mandate to the
Department of Foreign Affairs to implement the three (3)
pillars of the Philippine Foreign Policy, as follows:
1. Preservation and enhancement of national security
2. Promotion and attainment of economic security
3. Protection of the rights and promotion of the welfare and
interest of Filipinos overseas.
ARTICLE II: SECTION 8
The Philippines, consistent with the national interest, adopts and
pursues a policy of freedom from nuclear weapons in its territory.
• The foundation of Philippine policy with regard to the
presence of nuclear weapons within its territory.
• Freedom from nuclear weapons includes prohibition not
only of the possession, control, manufacture of nuclear
weapons but also nuclear arms tests
LAW AND RELATED STUDIES
SST 213 – 3RD EXAMINATION

• Not an absolute prohibition, but any exception must be • Human Right – belief in inherent dignity of every human
justified by the demands of national interest person
• Does not prohibit peaceful uses of nuclear energy • In a democratic state, the individual enjoys certain rights
which cannot be modified or taken away by the lawmaking
Prohibition Exceptions body.
➢ Making The use of nuclear for:
➢ Storing ➢ Medicine ARTICLE II: SECTION 12
➢ Manufacturing ➢ Agriculture
➢ Dumping ➢ Other beneficial The State recognizes the sanctity of family life and shall protect
Nuclear weapons, devices, or purposes and strengthen the family as a basic autonomous social
parts thereof in our country If the national interest so institution. It shall equally protect the life of the mother and the life of
requires the unborn from conception. The natural and primary right and
➢ The storing of
duty of parents in the rearing of the youth for civic efficiency and the
nuclear
weapons in our development of moral character shall receive the support of the
territory. Government.

• Not a prohibition of divorce

ARTICLE II: SECTION 9
The State shall promote a just and dynamic social order that will
ensure the prosperity and independence of the nation and free the
people from poverty through policies that provide adequate social
services, promote full employment, a rising standard of living, and an
improved quality of life for all.
• Just and Dynamic Social Order is accomplished through
policies that:
➢ Provide sufficient social services (in the field of health,
education, housing, etc)
➢ Promote full employment
➢ A rising standard of living
➢ Improve quality of life for all.
ARTICLE II: SECTION 10
The State shall promote social justice in all phases of national
development.
• The state must give preferential attention to the welfare of
the less fortunate members of the community
➢ The poor
➢ Uneducated
➢ Underprivileged
➢ Disabled
• Underlying premises: poverty and gross inequality are
major problems besetting the nation and that these
problems assault the dignity of the human person
• Social justice: equalization of political, economic and
social opportunities with emphasis on the duty of the state
to tilt the balance of social forces by favoring the
disadvantaged in life.
• 1935: justice for the common tao; 1973: those who have
less in life should have more in law
• Provision has been instrumental in the socialization of the
attitude of jurisprudence to property rights, thus eradicating
laissez faire - an economic philosophy of free-market
capitalism that opposes government intervention.
ARTICLE II: SECTION 11
The State values the dignity of every human person and
guarantees full respect for human rights.
• Family: stable heterosexual relationship
• Protects family from instrumentalization by the state
➢ Unborn
- Not an assertion that the unborn is a legal person
- Not an assertion that the life of the unborn is placed
exactly on the level of the life of the mother.
- Overriding purpose is to prevent the State form
adopting the doctrine in Roe vs. Wade
• Respect for life harmonizes with the abolition of the death
penalty and the ban on nuclear weapons
• Right of state to interfere with education of the children
➢ The parents and the government have the duty in
giving adequate education to the children
• Power of state to regulate all schools
➢ The state has the power to require the children of
proper age to attend school, the teachers shall be of
good moral character and teach children certain points
to good citizenship
ARTICLE II: SECTION 13
The State recognizes the vital role of the youth in nation-building and
shall promote and protect their physical, moral, spiritual, intellectual,
and social well-being. It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public and civic
affairs.
• Education: primary and natural right belongs to the parents.
State has secondary and supporting role.
• Role of Youth in Nation Building
➢ Youth are better educated, more well informed
➢ The constitution recognizes the importance of the
youth.
ARTICLE II: SECTION 14
The State recognizes the role of women in nation-building, and shall
ensure the fundamental equality before the law of women and men.
• Does not repeal inequalities found in the Civil Code and
jurisprudence
• Gives impetus to removal through statutes of existing
inequalities
• General idea is for the law to ignore sex when it is not a
relevant factor in determining rights and duties
• Not meant to ignore customs and traditions
LAW AND RELATED STUDIES
SST 213 – 3RD EXAMINATION
• It is the duty of the state to ensure equality before the law
in all aspects of national life by rectifying or ending all
practices and systems that are disadvantageous to women
or discriminate against them.
• Formulate strategies to expand women’s participation in
non-household and productive activities, and make them as
the direct contributors to the country’s economic growth.
ARTICLE II: SECTION 15
The State shall protect and promote the right to health of the people
and instill health consciousness among them.
• The constitution gives the right to the people to health
➢ DOH
➢ Health Center
ARTICLE II: SECTION 16
The State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and
harmony of nature.
• Right to Balanced and Healthful Ecology
The need for a program to address the ecological problems
of:
➢ Pollution, Waste Disposal, Forest denudation, Flood
drought, Dying riverbeds, Destruction of waterways,
Protect human life
ARTICLE II: SECTION 17
The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and
nationalism, accelerate social progress, and promote total human
liberation and development.
➢ DepEd
➢ DOST
➢ Philippine Sports Commission
ARTICLE II: SECTION 18
The State affirms labor as a primary social economic force. It shall
protect the rights of workers and promote their welfare.
• Labor has primacy over the non-human factors of
production
• Human labor is not only treated as land, tools, or
machinery. It mandates the State to provide living wage
and full participation to workers in decision-making process
which affect their rights and benefits.
ARTICLE II: SECTION 19
The State shall develop a self-reliant and independent national
economy effectively controlled by Filipinos.
• Guide to interpreting provisions on the national economy
and patrimony. Any doubt must be resolved in favor of self-
reliance and independence and in favor of Filipinos
• States the constitutional guidelines in the development of
the economy:
➢ Economic self-reliance
➢ Independent national economy
➢ Effective Filipino control of the economy
ARTICLE II: SECTION 20
The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed
investments.
• Role of private sectors in the economy
➢ The Constitution does not favor an economy where
the state directly competes with private business
➢ The business of government is governance and not
money-making.
• Sec. 20 is no more than an acknowledgement of the
importance of private initiative in building the nation. Not a
call of official abdication of duty to citizenry.
ARTICLE II: SECTION 21
The State shall promote comprehensive rural development and
agrarian reform.
• Comprehensive rural development encompasses a broad
spectrum - social, economic, human, cultural, political and
even industrial development.
ARTICLE II. SECTION 22
The State recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and development.
• Recognizes the existence and the rights of the indigenous
cultural communities.
• Directs the State to promote rights of indigenous cultural
communities by considering their customs, traditions,
beliefs, and interests
• Implementing state policies with full respect to their culture,
dignity, uniqueness, and human rights
➢ Indigenous Peoples Rights Act 1997 (Republic Act No.
8371 of 1997)
➢ National Commission on Indigenous Peoples
ARTICLE II. SECTION 23
The State shall encourage non-governmental, community- based,
or sectoral organizations that promote the welfare of the nation.
• The state is required to encourage these organizations
• Under responsible leadership, these organizations can
actively contribute to the political, social, and economic
growth of the country – promote the welfare of the nation.
ARTICLE II. SECTION 24
The State recognizes the vital role of communication and
information in nation-building.
➢ Policies that promote press freedom must be
implemented
➢ Means of communication such as: Motion pictures,
Televisions, Radio, Newspaper, Magazine
➢ Nation-Building
- The people are enlightened on certain public
issues
LAW AND RELATED STUDIES
SST 213 – 3RD EXAMINATION
- Serves as tool to promote unity among the
Filipinos
ARTICLE II. SECTION 25
The State shall ensure the autonomy of local governments.
• Local affairs can best be regulated by the people in the
locality
• Bad Governance vs Good Governance
ARTICLE II. SECTION 26
The State shall guarantee equal access to opportunities for
public service, and prohibit political dynasties as may be defined by
law.
• Does not allow the existence of political dynasties or the
practice of keeping political power within the control of
select families.
• Emphasizes the duty of the government to uphold
democratic elections and appointments.
ARTICLE II. SECTION 27
The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and
corruption.
• Honesty and integrity in public service
➢ Undermines the quality of life for people especially in
poor qualities
ARTICLE II. SECTION 28
Subject to reasonable conditions prescribed by law, the State adopts
and implements a policy of full public disclosure of all its
transactions involving public interest.
• Section 7 of Article III. Bill of Rights
➢ Guarantees the people’s right to know any transaction
entered into by the government.
- Limited to things which involves public concerns
• The policy covers matters involving public interest
especially those concerning the utilization of public funds
and property – TRANSPARENCY.
Article III. Bill of Rights
Bill of Rights – Protection against abuse of power
• Marcelo H. del Pilar, one of the leading writers of the
Philippine Propaganda Movement, speaking before a
gathering of Freemasons, said:' "The perfection of
humanity is not possible without freedom for the
individual”
• Hence, government becomes the delicate art of balancing
the power of government and the freedom of the governed
INHERENT POWERS OF THE
GOVERNMENT
Power of
Power of
Police Power Eminent Domain
Taxation
The most important inherent power – POLICE POWER regulates
the state
• Public Health Measures
• Compulsory Sewerage system
• Licensing of professionals
• Regulation of goods and sales
• Prohibitions
• Regulation for public safety
ARTICLE III. SECTION 1
No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection
of the laws.
• Due Process of Law – legal maxims which hears before it
condemns and renders judgment only after trial.
➢ Procedural Due Process – The manner or procedure
which must be followed in the enforcement or
application of law.
➢ Substantive Due Process – This means that the law
to be applied is valid, just not arbitrary.
ARTICLE III. SECTION 2
The right of the people to be secure in their persons, houses, papers,
and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search 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.
• Purpose:
➢ One lofty purpose of the protection against
unreasonable searches and seizures — and, perhaps,
the most important in the eyes of the Filipino just freed
from the Spanish regime — was clearly set out in an
early decision of the supreme court.
➢ The inviolability of the home is one of the most
fundamental of all the individual rights declared and
recognized in the political codes of civilized nations.
No one can enter into the home of another without the
consent of its owners or occupants.
• The constitutional guarantee is not a prohibition of all
searches and seizures but only of "unreasonable" searches
and seizures.
• As implied by the words themselves, "probable cause" is
concerned with probability, not absolute or even moral
certainty. The prosecution need not present at this stage
proof beyond reasonable doubt. The standards of judgment
are those of a reasonably prudent man, not the exacting
calibrations of a judge after a full-blown trial.
• But to establish probable cause of illegal possession of
firearms the witness must have personal knowledge of the
existence of the firearms and of the absence of license for
such firearms. Moreover, to prevent stealthy encroachment
upon, or gradual depreciation of the right to privacy, a
liberal construction in search and seizure cases is given in
favor of the individual.
LAW AND RELATED STUDIES
SST 213 – 3RD EXAMINATION
ARTICLE III. SECTION 3
(1) The privacy of communication and correspondence 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 preceding
section shall be inadmissible for any purpose in any
proceeding.
• We state the fundamental principle that a person is
entitled to the privacy of communication; that he is
entitled to his secrets, but in those cases where a secret
involves public questions which the State should and ought
to know, the State may infringe that privacy of
communication by some process or by appealing to the
Court for the purpose of determining whether or not the
privacy should be maintained (Laurel, 1935).
• Constitution allowed intrusion into the privacy of
communication either upon lawful order of a court or even
without a court order when public safety and order so
demands
ARTICLE III. 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.
• This section opens discussion about dissent and criticism
against the government.
• People can form rallies
• The press should not be under prior restraint
ARTICLE III. SECTION 5
No law shall be made respecting an establishment of religion or
prohibiting the free exercise thereof. The free exercise and
enjoyment of religious profession and worship, without discrimination
or preference, shall forever be allowed. No religious test shall be
required for the exercise of civil or political rights.
• During the Spanish era, Catholicism is the state religion.
• "Crimes Against Religion and Worship," under the Spanish
penal code talks about the crimes against the state religion.
• This changed during the occupation of the Americans
• The issues inside the church is not under the jurisdiction of
the court.
ARTICLE III. SECTION 6
The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of
the court. Neither shall the right to travel be impaired except in the
interest of national security, public safety, or public health, as may be
provided by law.
• The teaching then was that no one could be compelled to
change his or her home except in accordance with law.
Thus, when the Mayor of Manila sought to cleanse the city
of prostitutes by sending them to Davao, the Supreme
Court stopped him.
• Travel should only be prohibited in situations stated in this
section.
• ARTICLE III. SECTION 6
ARTICLE III. 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 pap ers 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.
• Limitations to Right of Information
➢ National Security Matters
➢ Trade Secrets and Banking Transactions
➢ Criminal Matters
➢ Others:
- Divulging confidential records for the use of an
office without being known to the public
- Diplomatic Correspondence closed door cabinet
meeting.
- Internal deliberations of supreme court
ARTICLE III. SECTION 8
The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for
purposes not contrary to law shall not be abridged.
• Freedom of association
• Right to join trade unions
ARTICLE III. SECTION 9
Private property shall not be taken for public use without just
compensation.
• Protection from expropriation
ARTICLE III. SECTION 10
No law impairing the obligation of contracts shall be passed.
ARTICLE III. 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.
• Right to counsel
• Those protected include low paid employees, domestic
servants and laborers. They need not be person so poor
that they must be supported at public expense. "It suffices
that plaintiff is indigent. And the difference between
'paupers' and 'indigent' persons is that the latter are
'persons who have no property or sources of income
sufficient for their support aside from their own labor though
self-supporting when able to work and in employment”.
ARTICLE III. SECTION 12
(1) Any person under investigation for the commission of an offense
shall have the right to be informed of his right to remain silent and to
have competent and independent counsel preferably of his own
choice. If the person cannot afford the services of counsel, he must
be provided with one. These rights cannot be waived except in
writing and in the presence of counsel. > RIGHT TO COUNSEL
LAW AND RELATED STUDIES
SST 213 – 3RD EXAMINATION
(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. > PROHIBITION OF TORTURE
(3) Any confession or admission obtained in violation of this, or
section 17 hereof shall be inadmissible in evidence against him >
PROTECTION OF VICTIM’S RIGHTS
(4) The law shall provide for penal and civil sanctions for violations of
this section as well as compensation to and rehabilitation of victims of
torture or similar practices, and their families. > PROTECTION OF
VICTIM’S RIGHTS
ARTICLE III. SECTION 13
All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before
conviction, be bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to bail shall not
be impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.
• Right to pre-trial release
• Regulation of evidence collection
• Protection from unjustified restraint
ARTICLE III. SECTION 14
(1) No person shall be held to answer for a criminal offense without
due process of law. > GUARANTEE OF DUE PROCESS
(2) 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.
> RIGHT TO EXAMINE EVIDENCE/WITNESSES
> RIGHT TO FAIR TRIAL
> PRESUMPTION OF INNOCENCE IN TRIAL
> RIGHT TO PUBLIC TRIAL
> RIGHT TO SPEEDY TRIAL
ARTICLE III. SECTION 15
The privilege of the writ of habeas corpus shall not be suspended
except in cases of invasion or rebellion when the public safety
requires it. > PROTECTION FROM UNJUSTIFIED RESTRAIN
ARTICLE III. SECTION 16
All persons shall have the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or administrative bodies. > RIGHT
TO SPEEDY TRIAL
ARTICLE III. SECTION 17
No person shall be compelled to be a witness against himself. >
PROTECTION FROM SELF-INCRIMINATION
• "It was established on the grounds of public policy and
humanity: Of policy, because, if the party were required to
testify, it would place the witness under the strongest
temptation to commit perjury; and of humanity, because it
would prevent the extorting of confessions by duress.”
• to prohibit compulsory oral examination of prisoners before
the trial, or upon trial, for the purpose of extorting unwilling
confessions or declarations implicating them in the
commission of a crime."
ARTICLE III. SECTION 18
(1) No person shall be detained solely by reason of his political
beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly
convicted. > PROHIBITION OF SLAVERY
ARTICLE III. SECTION 19
(1) Excessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. Neither shall death penalty be
imposed, unless, for compelling reasons involving heinous crimes,
the Congress hereafter provides for it. Any death penalty already
imposed shall be reduced to reclusion perpetua. > PROHIBITION OF
CRUEL TREATMENT
(2) The employment of physical, psychological, or degrading
punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman
conditions shall be dealt with by law. > PROHIBITION OF CAPITAL
PUNISHMENT
ARTICLE III. SECTION 20
No person shall be imprisoned for debt or non-payment of a poll tax.
> RIGHTS OF DEBTORS
• No person may be imprisoned for debt in virtue of an order
in a civil proceeding, either a substitute for a satisfaction of
a debt or as a means of compelling satisfaction; but a
person may be imprisoned as a penalty for a crime arising
from a contractual debt and imposed in a proper criminal
proceeding. Thus, the conversion of a criminal fine into a
prison term does not violate the provision because in such
a case imprisonment is imposed for a monetary obligation
arising not ex contractu but ex delicto (torts).
ARTICLE III. SECTION 21
No person shall be twice put 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. > PROHIBITION OF DOUBLE JEOPARDY
ARTICLE III. SECTION 22
No ex post facto law or bill of attainder shall be enacted. >
PROTECTION FROM EX POST FACTO LAWS