The Philippine Constitution: Abstraction
The Philippine Constitution: Abstraction
2 Citizenship Training
Philippines…
my Philippines!
https://i.pinimg.com/736x/9e/99/25/9e992524f5a397
e9fff2bc38a1fefef3--graphics-google-search.jpg
ABSTRACTION
T
he term “constitution” particularly refers to a “set of fundamental principles or
established precedents according to which a state or other organization is
governed” (Yusay, 2015). It is important because it serves as
the framework and basis of all other laws. Furthermore, it outlines the rights of the citizens and
it protects us from unlawful persecutions even from our own government.
The Constitution of the Philippines, also called the “Saligang Batás ng Pilipinas” or as
popularly known as the 1987 Constitution, is the constitution or supreme law of the Republic of
the Philippines adopted on October 15, 1986 and ratified on February 2, 1987 under the
administration of former President Corazón C. Aquino. Philippine constitutional law experts
recognize three other previous constitutions as having effectively governed the country, namely,
the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom
Constitution (Yusay, 2015).
LESSON 1.2.1 Citizenship Training
The Preamble
LEARNING OBJECTIVES:
At the end of the session, students are expected to:
a. define “preamble”;
b. discuss the significant role of the preamble in a particular constitution;
c. recite the preamble of the Philippines’ 1987 Constitution.
INTRODUCTION
A preamble is simply defined as an “introductory” and “expressionary” statement in a
document that explains the document's purpose and underlying philosophy. When applied to
the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the
statute. Meanwhile, it is distinct from the long title or enacting formula of a law.
It is an important thing to note, however, that the “preamble” is not a part of the
Constitutions or a source of rights. But it can certainly be referred to in knowing the aims or
purposes of the Constitutions. The Preamble, according to Dean Vicente Sinco (1958), “performs
a vital function in a constitution. Its value is not merely formal but real and substantive. It is to the
constitution what the enacting clause is to a statue. The authenticity of the authorship of the
constitution is made patent in the preamble. Without this or something equivalent to it, the source
of authority that gives valid force to the constitutional mandates may lie concealed, perhaps left to
the dangers of uncertain conjectures.”
1. What do you think is the difference between “general welfare” and “common good”?
2. In your opinion, is there really “no one” who is above the law?
3. What do you think is meant by the passage:
“A government of the people, by the people and for the people.”
PRESENTATION
Mastery - 40%
Interpretation - 40%
Enunciation - 20%
100%
REFERENCE/S:
INTRODUCTION
The Article III of the Philippine Constitution, 1987 Constitution in particular, is the Bill of
Rights. It establishes the relationship of the individual to the State and defines the rights of the
individual by limiting the lawful powers of the State. It is one of the most important political
achievements of the Filipinos.
The concept of a Bill of Rights, as such, is essentially an occidental product. For a number
of centuries in British, French, and American political thought, there has grown the conviction that
the rights of the individual must be preserved and safeguarded, not through the authority of an
individual, not through membership in a particular group or party, not through reliance upon
force of arms, but rather through the accepted processes of declared constitutional law (Smith,
1945).
Such being said, it is henceforth truthful to say that the Bill of Rights is a declaration and
enumeration of a person’s rights and privileges which the Constitution is designed to protect
against violation by the government, or by individual or groups of individuals. It is a charter of
liberties for the individual and a limitation upon the power of the State.
On the following page, all the rights stipulated in the twenty two (22) sections under
Article 3 of the Philippine Constitution are provided. To simply put, there are three (3) general
classifications of rights: the natural rights, the constitutional rights, and the statutory rights.
Natural rights are those possessed by every citizen without being granted by the State for they
are given to man by God as human being created to His image that he may live a happy life.
On the other hand, Constitutional rights are those that are conferred and protected by the
Constitution while the Statutory rights are those that are provided by law, promulgated by the
law-making body and consequently may be abolished by the same body. These latter rights
may be: (1) political rights which basically refer to the power to participate directly or indirectly
in the establishment or administration of the government; (2) civil rights or the law which secures
private individuals for the purpose of securing enjoyment of their means of happiness; (3) social
and economic rights which are intended to insure the well–being and economic security of an
individual; and (4) rights of the accused which are intended for the protection of a person
accused of any crime (Rich-Saber, 2014).
TELL YOUR MIND!
Write “RIGHT VIOLATION” if the statement provided in the following trivia has
violated human rights.
Human rights are the basic rights inherent to all human beings from birth until death.
These rights include the right to life and liberty, personal security, freedom from torture,
freedom from discrimination and freedom from arbitrary arrest, among others.
Since the election of President Rodrigo Duterte in 2016, it has been widely alleged that
these and many other basic human rights have been violated in the Philippines. According to
Human Rights Watch, Duterte and his War on Drugs has plunged the Philippines into its
worst human rights crisis since the dictatorship years of the 1970s and 1980s.
Here are 10 facts about the current environment of human rights in the Philippines.
1. As of January 2018, Human Rights Watch claims that over 12,000 drug
suspects have been killed since the War on Drugs Commenced on July 1,
2016.
2. From July 1, 2016 to September 26, 2017, 3,906 suspected drugs users
and dealers were killed by police. These numbers from the Philippine
Drug Enforcement Agency do not include deaths by unidentified gunmen
— these so-called extra-judicial killings have been responsible for
thousands of more deaths.
3. There was an average of four Filipinos a day who are killed by drive-by
motorcycle attacks, according to data from the Philippines National
Police.
4. Between July 1, 2016 and September 26, 2017, 118,287 drug
personalities were arrested, and 1,308,078 others surrendered to
authorities. These numbers according to an official government report.
5. Police have killed 56 children since the start of the War on Drugs
according to Human Rights Watch.
6. Since 1986, 177 Filipino reporters have been killed. According to
Reporters Without Borders, the Philippines was the deadliest country in
Asia for journalists in 2017. President Duterte has continually vilified
journalists who have been critical of his administration.
7. The Department of Labor and Employment reported that, as of 2017,
18,000 women and children work in dangerous small-scale gold mining
operations in the Philippines.
8. The Department of Social Welfare and Development stated that 85,570
child laborers work in the agricultural sector in the Philippines.
9. More than 8,000 Filipinos were arrested from June 13 to June 26, 2018
for violating new anti-loitering laws. The laws have been labeled as
discriminatory, essentially targeting and jailing poor Filipinos for being in
public.
10. As of September 2017, 94 percent of Filipinos behind bars were still
awaiting their first day in court. The Department of Justice stated that it
had over 700,000 outstanding cases.
PRESENTATION
In the memorable words of Thomas Jefferson, it was mentioned that “all men were created
equal and independent – that from equal creation, they derive rights inherent and unalienable,
among which is the right to the preservation of life, liberty and the pursuit of happiness.” As such,
these rights were preserved by the government by virtue of Article III of the 1987 Constitution
of the Republic of the Philippines accessed from the Presidential Communications Operations
Office (PCOO) EDP/IT Division (2020).
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 the 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.
DO THIS ACTIVITY:
The student would have to deliver the passage corresponding to the section
number he or she picked (e.g the student picked letter C which happened to contain
Section 1, hence, the student has to deliver Section 1). The teacher will then ask for the
student’s understanding on the implications of the passage and then rate the student’s
insights based on the following criteria:
Mastery - 40%
Delivery/Enunciation - 20%
Interpretation/Idea - 40%
100%
REFERENCE/S:
Smith, R. (1945). The Philippine Bill of Rights. The Far Eastern Quarterly, 4(2), 170-
181. doi:10.2307/2048968
LESSON 1.2.3 Citizenship Training
INTRODUCTION
Since forever until nowadays, it is observed that most of us, Filipinos, are more concerned
with our rights and entitlements as citizens than with our duties and obligations to our nation and
government. We tend to easily “freak out” when someone seems to step over our so-called
“rights”, meanwhile in the contrary, we tend to just overlook theirs.
In such a case, perhaps, the proposed Bill of Duties to Complement the Bill of Rights in
our 1987 Constitution is of great relevance. In the Draft Constitution for a Federal Republic of
the Philippines with a Parliamentary Government, the CMFP proposed a new Bill of Duties and
Obligations to complement the Bill of Rights in the 1987 Constitution so as to make it clear to
the Filipino citizens that accompanying our “rights” are “duties and responsibilities” that each of
us is and should be required to perform. It was thought that the Article on the Bill of Rights and
the proposed Article on the Bill of Duties and Obligations would be very helpful in the civic
education and training of responsible and accountable citizens and leaders. While respecting
freedom of worship, it is also urged that citizens should be assisted by concerned leaders and
institutions in their spiritual development—to round out their civic and political education.
John F. Kennedy once said in his inaugural speech: “Ask not what your country can do
for you; ask what you can do for your country.”
Our society today seems to suffer from an excess of selfish individualism (wala akong
paki-alam sa inyo; bahala na kayo); materialism (materialismo, hindi espiritual); and secularism
(makamundo, hindi maka-Diyos).
On the other hand, we have these important reminders over many years. “Bayan muna,
bago ang sarili! (“Nation before self.”) This is a nationalistic reminder to all Filipinos as a sign of
our love of country. Dr. Jose Rizal (1892) said: “…the thought of my whole life has always
been love of my country and her moral and material development”. In addition, in
his Dekalogo (1893), Andres Bonifacio said: “Always bear in mind that the true love of God is
the love of country, and that this love is also the true love of thy fellowmen.” Furthermore,
Apolinario Mabini suggested to “procure thy country’s happiness before thine own, making her
a kingdom of reason, justice and labor, for if she is happy, happy will also be thou and thy
family” (1898). Moreover, for his part, Manuel L. Quezon emphasized that “we must imbue our
whole citizenry with a spirit of heroic patriotism. For a country as small and with such limited
wealth as the Philippines, ordinary patriotism is not enough to insure its security. Heroic patriotism
is necessary—a patriotism that is devotion, loyalty, and courage that rises to the heights of self-
sacrifice” (1939).
Being the biggest congregation in the Philippines, the Catholic Church stressed that
“Filipinism”, which is nationalism for Filipinos, means “hard work and generous sacrifice for the
welfare of the Philippines in the temporal order, genuine love of Filipino culture in its nobler
aspects, sincere appreciation of our historic past, honesty in public as well as in private life,
mutual cooperation in common endeavors, scrupulous administration of public affairs, faithful
compliance with laws, unselfish acceptance of the burden of services required by the nation,
payment of taxes and sincere love for national symbols and institutions” (1959). Therefore, as
citizens in a developing democracy, we should balance our emphasis on individual rights and
privileges with a much stronger sense of individual, collective and communitarian duties and
obligations. In this way, many more citizens can become patriotic, responsible and effective
citizens—in solidarity with our kapwa Pilipino. We can then build a cohesive national community,
a working democracy, and a peaceful, nonkillng, just and humane society.
Accordingly, the Constitution for a Federal Republic of the Philippine (CMFP) Draft
Constitution headed by J.V. Abueva (2014) has Article V. Bill of Duties and Obligations
immediately after Article IV. Bill of Rights. To note, both the 1935 Constitution and the 1987
Constitution do not have a Bill of Duties of the Filipino citizens.
The proposed CMFP Article V. Bill of Duties and Obligations stipulates the following:
SECTION 1. LOYALTY, OBEDIENCE, COOPERATION. It shall be the duty of the citizen to be
loyal to the Federal Republic of the Philippines and to honor the Philippine flag, to defend the State
and contribute to its development and welfare, to uphold the Constitution and obey the laws, pay
taxes, and cooperate with the duly constituted authorities in the attainment and preservation of a
peaceful, just, and orderly society.
SECTION 2. CORRELATIVE DUTY. The rights of the individual impose upon him or her correlative
duty to exercise them responsibly and with due regard for the rights of others.
SECTION 3. HUMAN LIFE, DIGNITY, RIGHTS. Citizens shall respect the life and dignity of every
human person and help uphold human rights whenever these are threatened or violated. The State
and the citizens shall prevent and prohibit the killing of humans in any form and for whatever
purpose.
SECTION 4. DUTY TO WORK. It shall be the duty of every citizen to engage in gainful work and
to work well to assure himself/herself and his/her family a life worthy of human dignity.
SECTION 5. CIVIC, POLITICAL PARTICIPATION. It shall be the duty and obligation of every
citizen qualified to vote to register and cast his or her vote at every election, to participate actively
in other public and civic affairs, and to contribute to good governance, honesty and integrity in the
public service and the vitality and viability of democracy. Citizens shall enhance their civic efficiency
and political effectiveness by their involvement in people’s organizations, non-governmental
organizations, civic and professional associations, community associations, or political parties, as
well as in discussions on public issues.
SECTION 6. PROMOTE EQUITY, SOCIAL JUSTICE. In their own homes, in the workplace, and in
their various organizations and institutions, citizens shall cooperate in the promotion of equity and
social justice for the good of all.
SECTION 7. RESPONSIBILITY OF YOUTH. The youth shall assume their responsibility in
developing their social, economic, intellectual and moral well-being. They shall develop their
patriotism and nationalism and their civic and political competence in order to serve the common
good and national interest and their own welfare.
SECTION 8. HEALTH, ECOLOGY, ENVIRONMENT. Citizens shall exercise their right to a
balanced and healthful ecology, and contribute to the maintenance of a clean, enjoyable and
sustainable environment.
DO THIS ACTIVITY:
Below is a roster of duties and responsibilities. Pick at least five (5) which you think are
the most important ones to be prioritized. Justify your answer/s by citing a sample situation.
REFERENCE/S:
Abueva, J.V. (2014). Our Rights and Duties as Citizens. The Bohol Chronicle. Retrieved
September 2020 from https://joseabueva.wordpress.com/2014/07/20/our-
rights-and-duties-as-citizens/