Republic of the Philippines

BATANGAS STATE UNIVERSITY

The National Engineering University
Alangilan Campus
Golden Country Homes, Alangilan Batangas City, Batangas, Philippines 4200
Tel Nos.: (+63 43) 425-0139 local 2121 / 2221
E-mail Address: ceafa@g.batstate-u.edu.ph | Website Address: http://www.batstate-u.edu.ph

College of Engineering - Department of Mechanical Engineering

READINGS IN PHILIPPINE HISTORY

THE PHILIPPINE CONSTITUTION

THE CONSTITUTION
DEFINITION

⬗ “The highest expression of the law”.

⬗ A body of rules and maxims in accordance with which the powers of the
sovereign are habitually exercised.

⬗ It is the basic principle and laws of a nation, state, or social group that
determine the powers and duties of the gov’t and guarantee certain rights to
people in it.

⬗ With particular reference to the Constitution of the Republic of the Philippines;

it is a written instrument enacted by the direct action of the people 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

PURPOSE

⬗ It prescribes the framework of the system or the kind of government that will

exist in the state.

⬗ It creates the different departments and specifies their respective functions

and duties.

⬗ It is the source of the sovereign powers of a government by establishing the

fixed, first or basic principles on which the government is founded.

⬗ “It promotes public welfare, which involves the safety, prosperity, health, and
happiness of the people.

KINDS OF CONSTITUTION

⬗ ACCORDING TO FORM

• WRITTEN (CODIFIED)

⬗ Constitution in which most of its provisions are embodied in a single

formal written document or set of documents.

⬗ The United States Constitution is an example of a written constitution

• UNWRITTEN (UNCODIFIED)

⬗ Constitution which consists of rules which have not been integrated

into a single, concrete form but are scattered in various sources, such
as statutes of a fundamental character, judicial decisions,
commentaries of publicists, customs and traditions, and certain
common law principles.
 ⬗ The English Constitution is an example of an unwritten constitution

⬗ ACCORDING TO ORIGIN

• ENACTED (CONVENTIONAL)

⬗ Constitution that is formally struck off at a definite time and place

following a conscious and deliberate effort taken by a constituent body
or ruler.

⬗ The Japanese Constitution of 1889 is an example of an enacted

constitution

• EVOLVED (CUMULATIVE)

⬗ A constitution which results from political evolution, not inaugurated

at any specific time but changing by accretion rather than by any
systematic method.

⬗ The English Constitution is an example of an evolved constitution.

⬗ ACCORDING TO MANNER OF AMENDMENT

• RIGID (INELASTIC)

⬗ Constitution that can be amended only by a formal and usually

difficult process.

⬗ The Australian Constitution is an example of a rigid constitution

• FLEXIBLE (ELASTIC)

⬗ Constitution that can be altered by the same body that makes

ordinary laws of the state.

⬗ The Israeli Constitution is an example of a flexible constitution

THE METAMORPHOSIS OF THE PHILIPPINE CONSTITUTION

BIAK-NA-BATO CONSTITUTION

⬗ The Philippine Revolution reached a stalemate in 1897 when the revolutionary

forces of General Emilio Aguinaldo fled to the mountains of Biak-na-Bato in
San Miguel de Mayumo, Bulacan.

⬗ The Spanish forces led by Gen. Miguel Primo de Rivera realized that even
though they could crush the rebels in Bulacan, it did not mean the revolution
would end for it was already widespread in the other provinces.

⬗ The Spaniards soon sued for a cease-fire with the revolutionary forces.

⬗ In order to consolidate the forces still fighting in the other provinces, Aguinaldo
met with his leaders to establish a recognized government.

⬗ A revolutionary government had already been formed in March that year with
Aguinaldo as President in Tejeros, San Francisco de Malbon (now General
Trias) in Cavite. It was this government that was now in Biak-na-Bato.

⬗ An assembly of Filipino rebel leaders were called and it was agreed that a
republican form of government would be formed.

⬗ Two Filipinos, Isabelo Artacho and Felix Ferrer were tasked to write a
constitution. Both decided to adopt the previsions of the constitution framed
 in Jimaguayu, Cuba and from this, the Constitution of Biak-na-Bato was
formulated.

⬗ The Constitution was promulgated by the Philippine Revolutionary Government

on November 1, 1897, and became the provisionary constitution of the
government during the revolution against Spain.

⬗ By the end of 1897, Governor-General Fernando Primo de Rivera accepted the

impossibility of quelling the revolution by force of arms.

⬗ Desiring to make peace with Aguinaldo, he sent emissaries to Aguinaldo

seeking a peaceful settlement. Ironically, nothing was accomplished until
Pedro A. Paterno, a known turncoat and a lawyer from Manila, volunteered to
act as negotiator

⬗ Paterno's efforts led to a peace agreement called the Pact of Biak-na-Bato. This
consisted of three documents, the first two being signed on December 14,
1897, and the third being signed on December 15, ending the Republic.

MALOLOS CONSTITUTION

⬗ Following the defeat of Spain in the Spanish-American War in 1898, the

Filipinos began their task of creating the independent nation they valiantly
fought for in 1896.

⬗ On June 12, 1898, Philippine independence was declared and two weeks later,
Aguinaldo ordered the convening of a Congress in Malolos, Bulacan and had
its inaugural session at Barasoain Church on September 15. The delegates
then convened Congress and elected its officers. One of its first acts was to
ratify the Independence declaration in Kawit.

⬗ Discussion for the Constitution began on October 25 after the submission of a

draft by Felipe Calderon. Calderon drew inspiration from the constitutions of
Mexico, Belgium, Guatemala, Costa Rica, Brazil and France.

⬗ One of the heated discussions focused on the issue of the union of Church and
State where Catholicism would be the state religion.

⬗ The constitution was approved by the Malolos Congress on November 29, 1898
and forwarded to President Aguinaldo for approval.

⬗ Mabini objected to this proposal and the approval of the Constitution was
delayed. The amendments were made and the document was finally approved
by Aguinaldo on January 21, 1899.

⬗ The first Philippine Republic was inaugurated on January 23, 1899 at Barasoain
Church where Emilio Aguinaldo took his oath of office as the first President of
the Republic. This was followed by the reading of the Malolos Constitution and
the taking of the oath of loyalty by the Army.

⬗ The approval of the Constitution and the creation of the republic did not end
the strife between the Congress and Mabini. Mabini was eventually replaced as
president of the Cabinet several months later.

⬗ The Republic, however, was a short-lived government. Its demise began at the
start of the Philippine-American War in February 4, 1899 and ceased to exist
with the capture of President Aguinaldo in Palanan, Isabela in March 23, 1901
and in July 1902, the United States formally established the first civil
government (insular government) in the islands.
ACTS OF THE U.S CONGRESS

⬗ From December 10, 1898 to March 24, 1934, the Philippines was a United
States colony. Hence, the Philippines was at this period under the jurisdiction
of the Federal Government of the United States of America.

⬗ During this period, the U.S. congress passed two acts: Philippine Organic Act
of 1902 and Philippine Autonomy Act of 1916 which established the structure,
procedures, powers and duties of the Philippine government.

⬗ The third act of the United States Congress, Philippine Independence Act of
1934, provided a mechanism towards the creation and establishment of a
formal constitution.

⬗ Philippine Organic Act of 1902

• “Philippine Bill of 1902” or “Cooper Act”

• Authored by Henry Cooper

• First organic law for the Philippine Islands enacted by the United States
Congress on July 1, 1902 which provided for the creation of the
Philippine Assembly

• Legislative power would be vested in bicameral legislature composed of

the Philippine Commission (upper house) and the Philippine Assembly
(lower house).

⬗ Philippine Autonomy Act of 1916

• “Jones Law” or “Jones Act”

• Authored by William Jones

• Enacted by the United States Congress on August 29, 1916 which

replaced the Philippine Organic Act of 1902

• Removed the Philippine Commission as the legislative upper house and

replacing it with a Senate elected by Filipino voters, creating the
Philippines’ first fully elected national legislature

• Philippine Assembly was changed and became the House of

Representatives of the Philippines.

• This act stated that it was and had always been the purpose of the
people of the United States to end their sovereignty over the Philippine
Islands and to recognize Philippine independence as soon as a stable
government can be established therein.

⬗ Philippine Independence Act of 1934

• “Tydings–McDuffie Act”

• Authored by Millard Tydings and John McDuffie

• Enacted by the United States Congress on March 24, 1934 which

provided for the drafting and guidelines for the establishment of a formal
constitution via a constitutional convention for a 10-year “transitional
period” government before the granting of independence. This was
known as the Commonwealth Government.
1935 CONSTITUTION

⬗ Following the signings of Tydings-McDuffie Law, the Philippine began to ready

itself for its transition from colonial country into a self-governing nation.

⬗ On July 10,1934, an election was held to vote for the delegates to write a
constitution for the Philippines. Two hundred two delegates were elected and
convention was opened on July 30.

⬗ The draft of the Constitution was finished by January 31, 1935 and was
approved by the convention by February 8 the same year.

⬗ The Constitution was approved by US President Franklin Roosevelt on March

23, 1935 and ratified by the Filipino people in a plebiscite on May 14, 1935.

⬗ The 1935 Constitution of the Philippines served as the fundamental law of the
land from 1935 to 1972.

⬗ The 1935 Constitution enumerated the composition, powers, and duties of the
three branches of the government (the executive, the legislative, and the
judicial) and created the General Auditing Office and laid down the framework
in the establishment of the civil service in the country.

⬗ The other provisions included the Bill of Rights, a provision for women’s
suffrage giving the women the right to vote and to be part of the Philippine
politics for the first time, the creation of a Philippine Armed Forces for national
defense, and the development of the national language.

⬗ The framing of the 1935 Constitution was momentous event for Filipino people.
It showed the Americans that Filipinos had the capability for self-government
with the creation of the Commonwealth Government in 1935 that led the
country’s independence a decade later.

1943 CONSTITUTION

⬗ The Commonwealth Government was interrupted by the Second Word War and
the Japanese Occupation of the Philippines. The commonwealth under
President Manuel Quezon went into exile in the United States.

⬗ As part of their policy of attraction in their Greater East Asia Co-Prosperity

Sphere program, the Japanese offered to grant the Philippines its
independence.

⬗ Acting on the orders of the Japanese military, the Kapisanan ng Paglilingkod

sa Bagong Pilipinas or KALIBAPI, a Filipino political party during the Japanese
occupation, convened and created the Preparatory Committee for Philippine
Independence (PCPI) to write a new constitution.

⬗ This was finished and signed on September 4, 1943 in a public ceremony and
ratified by the KALIBAPI a few days later. On October 14, 1943, the Second
Philippine Republic was inaugurated with Jose P. Laurel as President.

⬗ The 1943 Constitution was basically a condensed version of the 1935

Constitution consisting only of a preamble and 12 articles. It was transitory in
nature as it was only effective during the duration of the war.

⬗ It created a republic with three offices (executive, legislative, and judicial) but
no legislature was convened. These powers were concentrated with the
President.
 ⬗ The Bill of Rights basically enumerated the citizen’s duties and obligations
rather than their constitutional rights and Tagalog was declared the national
language.

⬗ The 1943 Constitution was recognized as legitimate and binding only in

Japanese-controlled areas in the country. It was ignored by the United States
government and the Philippine Commonwealth government in-exile.

⬗ It was abolished along with the Second Republic upon the liberation of the
Philippines by the American forces in August 1945 and the re-establishment of
the Commonwealth

⬗ The United States government granted independence to the Philippines on July

4, 1946, giving way for the establishment of the Third Republic

1973 CONSTITUTION

⬗ On June 1, 1971, a Constitutional Convention was convened at the Manila Hotel

to write a new constitution that would meet the new challenges confronting
the Philippine Republic that developed since it was formed in 1946. It was
during the second term of President Ferdinand Marcos that the convention
opened.

⬗ Almost immediately, the convention became controversial. The delegates

concentrated more on speeches and giving themselves allowances before
actually sitting down to discuss the provisions of the new constitution.

⬗ The biggest scandal came when Leyte delegate Eduardo Quintero accused
Marcos of bribing delegates to vote for a provision to extend the presidential
term of office and to change the form of government.

⬗ But the convention’s activities soon came to a temporary halt when President
Marcos declared martial law on September 21, 1972. He abolished Congress
and reorganized the government. Several days later, the convention was
reconvened and a draft constitution was finally finished and approved on
November 30 1972.

⬗ The plebiscite was held from January 10-15, 1973 and the constitution was
overwhelmingly approved. On January 17, 1973, President Marcos signed
Proclamation No. 1102 declaring the 1973 Constitution ratified.

⬗ The 1973 Constitution provided for a parliamentary form of government in

which the President was the symbolic head of the state and the Prime Minister
was the head of government. The prime Minister, who was nominated by the
president, acted as the head of the Cabinet.

1986 CONSTITUTION (FREEDOM CONSTITUTION)

⬗ On March 24, 1986, President Aquino signed Proclamation No. 3 entitled

“Declaring a National Policy to Implement Reforms Mandated by the People
Protecting their Basic Rights, Adopting A Provisional Constitution, and
Providing for an Orderly Transition to a Government Under a New
Constitution,” later called the “Freedom Constitution,” was proclaimed, setting
aside the 1973 Constitution thereby recognizing the new Aquino administration
as a temporary revolutionary government until the framing of a new
constitution.
 ⬗ It basically adopted some provisions of the 1973 Constitution especially the
Bill of Rights.

⬗ Under the Freedom Constitution, the President continued to exercise legislative

powers until a legislature was convened under a new constitution.

⬗ Furthermore, the President was given the power to appoint the members of a
Constitutional Commission tasked to draft a new charter “truly reflective of the
ideals and aspirations of the Filipino people.”

1987 CONSTITUTION

⬗ By virtue of Sec. 1, Article 5 of the Freedom Constitution, President Aquino

issued on April 23, 1986 Proclamation No. 9, consisting a Constitutional
Commission (CONCOM) charged with drafting a new constitution.

⬗ President Aquino, on May 26, 1986, appointed the 50 CONCOM members

representing the various sectors of society from politics to the arts and to the
religion.

⬗ On June 2 the ConCom, headed by former Justice Cecilia Munoz Palma,

commenced its sessions at the Batasang Pambansa in Quezon City.

⬗ The ConCom completed their task on October 12, 1986 and presented the draft
constitution to President Aquino on October 15. After a period of nationwide
information campaign, a plebiscite for its ratification was held on February 2,
1987. An overwhelming 17,059,495 voted to ratify the constitution while
5,058,714 voted against it.

⬗ On February 11, 1987, the New Constitution was proclaimed, ratified, and in
effect. On the same day, President Aquino, government officials, and the
military pledged allegiance to the New Constitution.

THE PHILIPPINE CONSTITUTION OF 1987

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.

Article I - National Territory

Article II - Declaration of Principles and State Policies

Article III - Bill of Rights

Article IV - Citizenship

Article V - Suffrage

Article VI - Legislative Department

Article VII - Executive Department

Article VIII - Judicial Department

Article IX - Constitutional Commission

Article X - Local Government

Article XI - Accountability of Public Officers

Article XII - National Economy and Patrimony

Article XIII - Social Justice and Human Rights

Article XIV - Education, Science and Technology, Arts, Culture, and Sports

Article XV - The Family

Article XVI - General Provisions

Article XVII - Amendments and Revision

Article XVIII - Transitory Provisions

SIGNIFICANT PROVISIONS

⬗ A presidential system of government restores the bicameral Congress of the

Philippines, composed of a Senate and a House of Representatives.

⬗ A modified Bill of Rights (Article III) details the rights of every Filipino citizen.
Much emphasis was placed on the writing of this provision after the violations
committed during the Marcos dictatorship. In addition, the constitution includes
the abolition of death penalty, except when Congress provides otherwise with
regard to “heinous crimes.”

⬗ The creation of a Commission on Human Rights which under, Section 18, Article
XIII, is tasked to investigate all forms of human rights violation involving civil
and political rights. It provides appropriate legal measures for the protection of
human rights of all person within the Philippines, and several other powers in
relation to the protection of human rights.

⬗ The recognition of Autonomous Region of Muslim Mindanao and the Cordilleras.

⬗ Limited political autonomy for local government units like the provinces, cities,
municipalities, and barangays and instructing the Congress to establish a Local
Government Code.

ESSENTIAL PARTS OF THE 1987 CONSTITUTION

CONSTITUTION OF GOVERNMENT
⬗ This portion of the constitution describes the framework of government and its
power, and also defines the electorate (Art. VI, VII, VIII, IX, X).

⬗ The present Constitution established a presidential form of government

acknowledging the civilian authority as supreme over the military. Its prime duty
is to serve and protect the people.

⬗ It also restored the Bicameral Congress of the Philippines. The 1987 Constitution
provided for a tripartite system of government (Legislative, Executive, and
Judiciary). The different departments of the government are coordinate, coequal
and each function independently, uncontrolled and uncontrollable by the other.

LEGISLATIVE DEPARTMENT

⬗ A branch of government that has the power to pass, amend, and repeal laws.
The legislative power is conferred upon the Bicameral Congress, i.e., House of
Representatives and the Philippine Senate.
⬗ The Senate

• The Senate shall be composed of twenty-four Senators who shall be elected

at large by the qualified voters of the Philippines, as may be provided by
law.

• No person shall be a Senator unless he is a natural-born citizen of the

Philippines, and, on the day of the election, is at least thirty-five years of
age, able to read and write, a registered voter, and a resident of the
Philippines for not less than two years immediately preceding the day of the
election.

• The term of office of the Senators shall be six years and no Senator shall
serve for more than two consecutive terms.

⬗ The House of Representatives

• The House of Representatives shall be composed of not more than two

hundred and fifty members, unless otherwise fixed by law, who shall be
elected from legislative districts apportioned among the provinces, cities,
and the Metropolitan Manila

• No person shall be a Member of the House of Representatives unless he is

a natural-born citizen of the Philippines and, on the day of the election, is at
least twenty-five years of age, able to read and write.

• The Members of the House of Representatives shall be elected for a term of

three years and no member of the House of Representatives shall serve for
more than three consecutive terms.

EXECUTIVE DEPARTMENT

⬗ A branch of government charged with the execution and enforcement of laws

and policies and the administration of public affairs.

⬗ The President

• The President leads the country. He/she is the head of state, leader of the
national government, and Commander in Chief of all armed forces of the
Philippines.

• The President of the Philippines is elected by direct vote by the people for a
term of six years. He may only serve for one term, and is ineligible for re-
election

⬗ The Vice–President

• The Vice President supports the President. If the President is unable to

serve, the Vice President becomes President.

• The Vice President of the Philippines is elected by direct vote by the people
for a term of six years, and may run for re-election once.

⬗ The Cabinet

• Cabinet secretaries act as the alter ego of the President in executing, with
his authority, the power of the Office of the President in their respective
departments.

• The number of cabinet secretaries varies from time to time depending on

the need of an administration. According to the Administrative Code of 1987,
the President of the Philippines may create or dissolve any department as
he sees fit
⬗ The Local Government

• The executive branch extends beyond the national government.

• According to Article X, Section 4 of the constitution, the President of the

Philippines is mandated to supervise local governments all over the country.

• However, because of Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, local governments enjoy relative autonomy from
the national government

JUDICIAL DEPARTMENT

⬗ The branch of government charged with the interpretation of laws and the
administration of justice. The judiciary has the duty to settle actual
controversies involving rights, which are legally demandable and enforceable.

⬗ The Supreme Court

• The court consists of 14 associate justices and 1 Chief Justice.

• The functions of the Supreme Court is the supervision and control over the
Philippine judiciary and its employees.

• The Court is further authorized to promulgate the rules for admission to the
practice of law, for legal assistance to the underprivileged, and the
procedural rules to be observed in all courts.

⬗ The Court of Appeals

• The court consists of 68 Associate Justices and 1 Presiding Justice

• It is assigned to review cases elevated to it from the Regional Trial Courts

as well as quasi-judicial agencies such as the Civil Service Commission,
Securities and Exchange Commission, National Labor Relations Commission,
and the Land Registration Authority.

• It also reviews cases with reclusion perpetua sentence as well as decisions

of the Office of the Ombudsman in administrative disciplinary cases.

⬗ The Court of Tax Appeals

• The Court of Tax Appeals has exclusive jurisdiction to review on appeal

decisions in cases involving disputed assessments, refunds of internal
revenue taxes, fees, or other charges, penalties in relation thereto, or other
matters arising under the National Internal Revenue Code.

• It also exercises original jurisdiction over all criminal offenses arising from
violations of the Tax or Tariff Codes and other laws administered by the
Bureau of Internal Revenue or the Bureau of Customs.

⬗ The Sandiganbayan

• The Sandiganbayan shall sit in five divisions of three justices each.

• The Sandiganbayan tries and decides criminal and civil cases against
government officials and employees accused of graft and corruption and
similar other cases.

• The ombudsman is responsible for investigating and prosecuting Philippine

government officials accused of crimes, especially graft and corruption.

⬗ The Trial Courts of the First and the Second Level.

 • First Level Courts are the Metropolitan Trial Courts (MeTCs), the Municipal
Trial Courts in Cities (MTCCs), the Municipal Trial Courts (MTCs), the
Municipal Circuit Trial Courts (MTCCs), and the Shari’a Circuit Courts (SCC)

• The Second Level Courts are the Regional Trial Courts (RTCs) and Shari’a
District Courts (SCC)

CONSTITUTION OF LIBERTY
⬗ This part of the 1987 constitution, The Bill of Rights (Art. III), enumerates the
fundamental rights of the Filipino people.

⬗ It sets the limits to the government’s power which proves to be not absolute.
Among the rights of the people are freedoms of speech, assembly, religion, and
the press.

⬗ An important feature is the suspension of the writ of habeas corpus which have
three available grounds such as invasion, insurrection, and rebellion.

• Section 1-11: Rights of the people

• Section 12-22: Rights of the accused.

⬗ 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.

⬗ 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.

⬗ 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.

⬗ 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.

⬗ 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.

⬗ 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.

⬗ 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.
⬗ 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.

⬗ SECTION 9. Private property shall not be taken for public use without just
compensation.

⬗ SECTION 10. No law impairing the obligation of contracts shall be passed.

⬗ 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.

⬗ 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.

(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.

(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.

⬗ 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.

⬗ SECTION 14. (1) 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 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 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.

⬗ SECTION 16. All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.

⬗ SECTION 17. No person shall be compelled to be a witness against himself.

⬗ 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.

⬗ SECTION 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. Neither shall death penalty be imposed, unless,
 for compelling reasons involving heinous crimes, the Congress hereafter
provides for it. Any death penalty already imposed shall be reduced to reclusion
perpetua.

(2) The employment of physical, psychological, or degrading punishment

against any prisoner or detainee or the use of substandard or inadequate penal
facilities under subhuman conditions shall be dealt with by law.

⬗ SECTION 20. No person shall be imprisoned for debt or non-payment of a poll

tax.

⬗ 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.

⬗ SECTION 22. No ex post facto law or bill of attainder shall be enacted.

CONSTITUTION OF SOVEREIGNTY
⬗ This part of the constitution indicates the manner of amending the contents or
revising the constitution (Article XVII).

⬗ Sovereignty is the quality of having independent authority over a geographic

area. It is exercised by the State to exact obedience upon the citizens.

⬗ Sovereignty may be internal or external. Internal sovereignty denotes the power

of the State to control and govern its people, while external sovereignty denotes
freedom of a State from external control.

⬗ By virtue of this sovereignty, amendment or revision of the 1987 Constitution is

thereby vested on the Congress or through a constitutional convention.

⬗ Any amendment to the 1987 Constitution may be proposed by the congress,

upon a vote of three-fourths of all its Members; or a constitutional convention
upon a vote of two-thirds of all its Members.

⬗ Amendments to the 1987 Constitution may likewise be directly proposed by the

people through initiative upon a petition of at least twelve percent of the total
number of registered voters.

⬗ No amendment shall be authorized within five years following the ratification of

the 1987 Constitution nor oftener than once every five years thereafter.

⬗ Any amendment 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.

Prepared by:

___________________________
Mr. Gian Nicolo Dexter M. Atienza
Lecturer