Professional Documents
Culture Documents
Overview:
In this module, we will focus on providing you an introduction of the 1987
Philippine Constitution, its key concepts, salient features, importance and
meaning. Included also in this module are some of the basic explanation on
Philippine citizenship and important information on the history and legal
foundations of our Philippine flag. As you complete this module, you are expected
to understand the necessity of the constitution and develop a deeper appreciation
of our National Flag and of being Filipino citizens.
Objectives:
At the end of the chapter, the students are expected to:
1. Familiarize the essential components of the 1987 Philippine Constitution and
the Bill of Rights;
2. Understand the important aspects of Philippine citizenship;
3. Explain the importance of the Philippine flag.
4. Manifest the love of country in one’s life;
5. Compose a short essay showing your appreciation of being a Filipino citizen.
2. Civil Rights - those rights which the law will enforce at the
instance of private individuals for the purpose of securing to
them the enjoyment of their means of happiness.
1. Right against involuntary servitude
2. Right against imprisonment for nonpayment of debt or poll tax
3. Constitutional rights of an accused
4. Liberty to abode
5. Social and economic right
6. Freedom of speech
Section 1
Right to life. Man’s life is gift of God. On this premise, it
must be respected by the government and by the citizens.
There is only one condition by which a citizen maybe
deprived of his life, that is, when the deprivation is a
punishment for a crime arising out of a conviction by a court
of justice after fair trial.
Section 11
Right of free access to the courts. All citizens, rich or poor,
are guaranteed access to the courts of justice and quasi-
judicial bodies of the government.
Section 12
Right to adequate legal assistance. The State through the
Public Attorney’s Office provides free legal assistance to
citizens who are unable to hire a lawyer by reason of their
being poor.
Section 13
Right to bail. Bail is the security required by the court and
given for the temporary release of the person who is in the
custody of the law, that he will appear before any court in
which his appearance maybe required as stated in the bail
bond or recognizance. Guidelines for the fixing of the amount
of bail are contained in the Rules of Court.
Section 14
Right to due process of law. Simply means fair trial, that is,
a person who is charged with a criminal offense before a court
is given the opportunity to defend himself in court and that
before judgment is issued or rendered, there is a trial.
Right to presumption of innocence. In all criminal
prosecutions, the accused is always presumed innocent and
according to established rules, and procedures
Right to be informed of the nature and cause of the
accusation. Every person accused of an offense has the right
to know the nature and the cause of the accusation against
him and why the crime is imputed to him.
Right to have a speedy, impartial, and public trial. Speedy
trial means one that could be dome immediately without
capricious delay. A trial is impartial if it is conducted by the
court without bias for or against the litigants and that the case is
decided solely on its merits. Public trial is one that is open to
the public. In meritorious instances, as when public morals and
decency are to be protected, the publics may be excluded from
the trial.
Right to confront witness. The accused has the right to
confront or meet the witness face to face. The grant of this
right to the accused rests on the following qualifications:
1. To allow the accused to cross examine, through his
counsel, the witnesses against him in order to test and
prove into the veracity or truth of their testimonies,
affidavits, and evidence.
2. To afford the judge the opportunity to see for himself
how the witnesses behave while testifying and
being cross-examined.
Right to compulsory process. Every person accused with a
crime has the right to have compulsory process to secure the
appearance or attendance of witnesses and the production of
his evidence. Compulsory process may be done through
subpoenas to require or compel witness to appear and testify
in court in his behalf and subpoenas duces tecum to require
the production of documents, articles, or any other
documentary evidence.
Section 17
Right against self-incrimination. The accused cannot be
compelled to testify against himself. The right to remain silent
is an important corollary to his right. It is based on the
principle of self-preservation.
Section 18
Right against detention for political beliefs. The
constitution abhors the detention of any person by reason of
his political beliefs and aspiration. The right against detention
for political beliefs encourage the citizens to participate
actively in the affairs of the state thereby becoming catalyst of
political change
Right against involuntary servitude. No person can be
forced to render compulsory service to another. The
exemption is a punishment for a crime. Meaning, that person
can be required to render service for a crime he is convicted.
Section 19
Right against excessive fines. A person convicted a crime
may be meted out a penalty of imprisonment and fine at the
same time. The constitution guarantee against excessive fines
ordains that the fine imposed on a convict must be the one
provided in the law. If the pine imposed exceeds or goes
beyond what the law provides, it is excessive. The court, in
determining the fine to be imposed must consider both the
ability of the convict to pay the fine and the nature of the
offense, among others.
Right against cruel, degrading or inhuman punishment.
The Bill of Rights bans the subjection of a convict to cruel,
degrading or inhuman punishment. This means that torture,
mutilation or severance or cutting off of body parts, water
cure, starvation and other barbaric punishments are
prohibited
Section 21
Right against double jeopardy. Putting a person twice in
jeopardy of punishment for the same offense constitutes
double jeopardy. If a person who is charged with a crime is
acquitted or convicted without his express or written consent,
he cannot anymore be charged with the same offense for to
do so would put him in double jeopardy,. The guarantee
provides protection to a person against the chance of being
punished or tried twice for one and the same offense.
Lesson 2: Citizenship
In some countries like the United States and from that of the British
Commonwealth, they adopted the two main systems as a basic principle used
to determine citizenship as the time of birth called jus soli, whereby
citizenship is acquired by birth within the territory of the state regardless of
parental citizenship. The other one is jus sanguinis whereby a person,
whenever born is a citizen of the state.
In the Philippines, from 1935 or Commonwealth Constitution to 1973 or
Martial Law Constitution, minimal changes were mentioned about citizenship.
Now Filipinos have a clear understanding of citizenship as stated in the 1987
or Freedom Constitution which is explained in Article 4 with 5 sections.
Section 1 distinguishes the citizens of the Philippines while Section 2 refers to
natural citizenship. Sections 3, 4, and 5 adhere to reacquisition, retention, and
dual allegiance of citizenship.
Kinds of Citizens
Multiple Nationalities
Does dual or multiple nationalities exist? The Hague Convention of
Conflict Nationality Law (Art.2) provides that: “Any question as to whether a
person possesses the nationality of a particular state should be determine in
accordance with the law of the state.”
It could be deduced from this article that with reference to the countries
directly involved, dual or multiple nationality does not exist. But from the
vantage point of a third state, it exists.
Dual Allegiance
The Constitution prohibits dual allegiance and declares it inimical to the
national interest (Sec 5, Article IV). The prohibition against double allegiance
addresses the issue of Filipino citizens of foreign ancestry or parentage of
owing allegiance to the Philippine Republic while at the same time maintaining
very close ties and loyalty with their country of origin.
Statelessness
How does a person become stateless? A person may become stateless
or without a state to be identified with through any of the following instances:
1. Deprivation of his citizenship for any cause.
2. Renunciation of his nationality, expressly or impliedly.
3. Voluntarily release from his original state.
4. Birth in a country which applies only on the theory of jus sanguinis
(citizenship based on blood) of parents whose country adopts only the
principle of jus soli (citizenship based on place of birth).
The Hague Conference on Private International law (1928) provide that the
personal law of a stateless person is the law of the domicile (habitual
residence) or secondary law of the place of temporary residence.
Brief History
Did you know that if not for the Philippine Revolution of 1896, we will
not have a national flag of our own? Our early flags were those of the
Katipunan and prior to this, the Spanish flag is the only flag that we knew.
The design of the Philippine flag that we know and use today is said to
have been conceived by Feliciano Jocson and was later refined by Gen.
Emilio Aguinaldo, President of the Revolutionary Government, during his exile
in Hong Kong in 1897. Marcela Agoncillo handsewn the first Philippine flag in
Hong Kong with the help of her daughter Lorenza and Delfina Herbosa
Natividad (niece of Jose Rizal) and later brought to the Philippines by Gen.
Aguinaldo. The flag was first raised by Gen. Aguinaldo at Teatro Caviteño in
Imus, Cavite on May 28, 1898, after the Battle of Alapan – the first fight of the
Philippine Revolutionary Army that defeated the Spanish forces. The same
flag was, however, hoisted officially in Kawit, Cavite during the proclamation of
Philippine Independence on June 12, 1898. Likewise, it was raised with dignity
during the inauguration of the Malolos Congress on September 15, 1898.
From then on, it served as the national flag of the Philippines. Figure 1 shows
the evolution of our national flag. (For a more detailed article on the
history/evolution of the Philippine flag, visit https://pilipinas.org/the-history-of-
our-philippine-flag/)
7Figure 1. Evolution of the Philippine flag
Retrieved from the Presidential Communications Development and Strategic
Planning Office (PCDSPO) https://www.officialgazette.gov.ph/the-philippine-
flag/
Symbolism Meaning/Representation
Blue stripe Peace, truth and justice
Red stripe Patriotism and valor
Equilateral Liberty, equality, fraternity
white triangle The emblem of the
Katipunan
Golden yellow sun Unity, freedom, people's democracy, and sovereignty
Eight primary Eight provinces with significant involvement in the
rays of the sun 1896 Philippine Revolution against Spain or the first eight
provinces placed under martial law by Spain because of
the insurrection – Batangas, Bulacan, Cavite, Laguna,
Manila, Nueva Ecija, Pampanga and Tarlac
Three stars at the Three major island groups – Luzon, Visayas and
vertex of the Mindanao
triangle
It is said that our flag’s unique feature is that it can be used to indicate
a state of war just by flipping it upside down with the red stripe displayed on
top.