CONSTITUTION OF THE REPUBLIC OF THE PHILLIPPINES-GEC.pdf

PREPARED BY:
Prof. Juliefer S. Fernando, PhD, LPT
Doctor of Philosophy major in Educational Management
Licensed Professional Teacher

What is the meaning of
CONSTITUTION?
• Saligang Batas
(Filipino)
• It is the supreme
law of the
Republic of the
Philippines.

Timeline
• Saligang Batas ng Biak-na-Bato (1897)
• Malolos Constitution (1899)
• Commonwealth and Third Republic (1935)
• Second Republic (1943)
• The New Society and the Fourth Republic
(1973)
• Freedom Constitution(1987)

Saligang Batas ng Biak na Bato (1897)
Tejeros Convention - San
Francisco de Malabón,
Cavite, on March 22, 1897,
the first presidential and
vice presidential elections
in Philippine history were
held—although only the
Katipuneros (members of
the Katipunan) were able
to take part, and not the
general populace.

• November 1, 1897 at Biak-
na-Bato in the town of San
Miguel de Mayumo in
Bulacán, established the
Republic of Biak-na-Bato.
• The republic had a
constitution drafted by
Isabelo Artacho and Félix
Ferrer and based on the
first Cuban Constitution.
• It is. known as the
"Constitución Provisional
de la República de
Filipinas", and was
originally written in and
promulgated in the
Spanish and Tagalog
languages.

Malolos Constitution (1899)
The president was elected for a term of four years by a majority of
the Assembly. It was titled "Constitución política", and was enacted
and ratified by the Malolos Congress, a Congress held in Malolos,
Bulacan.
first republican constitution
in Asia.
It declared that sovereignty
resides exclusively in the
people, stated basic civil
rights, separated the church
and state, and called for the
creation of an Assembly of
Representatives to act as the
legislative body.

Acts of the United States Congress
The Philippines was a United States
Territory from December 10, 1898 to
March 24, 1934and therefore under the
jurisdiction of the Federal Government of
the United States.

Philippine Organic Act of 1902
• known as the "Philippine Bill of 1902“
• It was the first organic law for the Philippine Islands
enacted by the United States Congress.
• It provided for the creation of a popularly elected
Philippine Assembly, and specified that legislative power
would be vested in a bicameral legislature composed of the
Philippine Commission (upper house) and the Philippine
Assembly (lower house).
• Its key provisions included a bill of rights for the Filipinos
and the appointment of two non-voting Filipino Resident
Commissioner of the Philippines to represent the
Philippines in the United States House of Representatives.

Philippine Autonomy Act of 1916
• It is sometimes known as "Jones Law“
• It modified the structure of the Philippine government
by removing 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.
• This act also explicitly 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
recognise Philippine independence as soon as a stable
government can be established therein.

Tydings–McDuffie Act (1934
Though not a
constitution itself, the
Tydings–McDuffie Act
of 1934 provided
authority and defined
mechanisms for the
establishment of a
formal constitution via
a constitutional
convention.

Commonwealth and Third Republic (1935)
• It was written with an eye
to meeting the approval of
the United States
Government .
• U.S. Promise - to grant
the Philippines
independence and not
have a premise to hold
onto its possession on the
grounds that it was too
politically immature and
hence unready for full,
real independence.

Second Republic (1943)
In mid-1942 Japanese Premier Hideki Tōjō had promised the Filipinos
"the honor of independence" which meant that the commission
would be supplanted by a formal republic.
•President Jose P. Laurel addresses National
Assembly to approve the 1943 Constitution.
•It was drafted by a committee appointed by the
Philippine Executive Commission, the body
established by the Japanese to administer the
Philippines.
Kalibapi, the organization established by the Japanese to supplant
all previous political parties. Upon ratification by the Kalibapi
assembly, the Second Republic was formally proclaimed (1943–
1945).

• José P. Laurel was appointed as President by the
National Assembly and inaugurated into office in
October 1943.
• He was highly regarded by the Japanese for
having openly criticised the US for the way they
ran the Philippines, and because he had a degree
from Tokyo International University.

The New Society and the Fourth Republic (1973)

• During his term, the President was
not allowed to be a member of a
political party or hold any other
office.
• Executive power was meant to be
exercised by the Prime Minister
who was also elected from
amongst the sitting Assemblymen.
• The Prime Minister was to be the
head of government and
Commander-in-Chief of the Armed
Forces.
•The 1973 Constitution,
promulgated after Marcos'
declaration of martial law
•parliamentary-style government.
•Legislative power was vested in a
unicameral National Assembly
whose members were elected for
six-year terms.

Freedom Constitution" (1986)
• President Corazon C. Aquino issued Proclamation № 3
as a provisional constitution.
• It adopted certain provisions from the 1973
Constitution while abolishing others.
• It granted the President broad powers to reorganise
government and remove officials, as well as mandating
the President to appoint a commission to draft a new,
more formal Constitution.
• This document, described above, supplanted the
"Freedom Constitution" upon its ratification in 1987.

1987 Philippine Constitution
ARTICLE I: National Territory
ARTICLE II: Declaration of State Power and Principles
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

PREAMBLE
We, the sovereign Filipino people,
imploring the aid of Almighty God, in
order to build a just and humane
society, and establish a Government
that shall embody our ideals and
aspirations, promote the common
good, conserve and develop our
patrimony, and secure to ourselves
and our posterity, the blessings of
independence and democracy
under the rule of law and a regime
of truth, justice, freedom, love,
equality, and peace, do ordain and
promulgate this Constitution.

The national territory comprises the Philippine
archipelago, with all the islands and waters
embraced therein, and all other territories over
which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial
and aerial domains, including its territorial
sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The
waters around, between, and connecting the
islands of the archipelago, regardless of their
breadth and dimensions, form part of the
internal waters of the Philippines.

ARTICLE II
DECLARATION OF STATE
POLICIES
AND PRINCIPLES

SECTION 1
The Philippines is a democratic and republican
State. Sovereignty resides in the people and all
government authority emanates from them.

SECTION 2
The Philippines
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.

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.

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 fulfilment
thereof, all citizens
may be required,
under conditions
provided by law, to
render personal,
military or civil
service.

SECTION 5
The maintenance of peace and order, the protection of
life, liberty, and property, and promotion of the general
welfare are essential for the enjoyment by all the
people of the blessings of democracy.

SECTION 6
The
separation of
Church and
State shall be
inviolable.

SECTION 8
The Philippines, consistent with the national interest,
adopts and pursues a policy of freedom from nuclear
weapons in its territory.

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.

SECTION 11
The State values the dignity of every human person
and guarantees full respect for human rights.

SECTION 12
The State recognizes the sanctity of family life and shall
protect and strengthen the family as a basic autonomous
social institution. It shall equally protect the life of the
mother and the life of the unborn from conception. The
natural and primary right and duty of parents in the rearing
of the youth for civic efficiency and the development of
moral character shall receive the support of the
Government.

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.

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.

SECTION 15
The State shall protect and promote the right to
health of the people and instil health
consciousness among them.

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.

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.

SECTION 18
The State affirms labor as a
primary social economic
force. It shall protect the
rights of workers and
promote their welfare.
SECTION 19
The State shall develop a self-
reliant and independent
national economy effectively
controlled by Filipinos.
We are not subject from
external control. Other
countries may not colonize
us.

The State recognizes the
indispensable role of the
private sector, encourages
private enterprise, and
provides incentives to
needed investments.
State should also provide
support to private sectors
because they also contribute
to our growing economy.
“More investors, better
economy.”
SECTION 20 SECTION 21
The State shall promote
comprehensive rural
development and agrarian
reform.

The State recognizes and
promotes the rights of
indigenous cultural
communities within the
framework of national unity
and development.
The State shall encourage
non-governmental,
community-based, or
sectoral organizations that
promote the welfare of the
nation.

The State shall ensure the
autonomy of local
governments.
Local Government Unit (LGU)
should be self-governing.
(Governor-Mayor-
Congressmen-Councilor-
Brgy.Captain-Brgy. Kagawad-
SK)
The State recognizes the vital
role of communication and
information in nation-
building.
SECTION 26
The State shall guarantee equal access to opportunities for
public service and prohibit political dynasties as may be
defined by law.

The State shall maintain
honesty and integrity in the
public service and take
positive and effective
measures against graft and
corruption.
The state should have
effective measures for
graft and corruption.
All who works in the
government are required to
submit their Statement of
Assets and Liabilities and
Net Worth (SALN).
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 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.
Life – existence
Liberty – the quality or state of being
free
Property – something owned or
possessed
Due process - fair treatment through
the normal judicial system, esp. as a
citizen's entitlement.
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.
Search Warrant –
a legal document authorizing a
police officer or other official to
enter and search premises.
Warrant of Arrest –
An arrest warrant is a warrant
issued by a judge on behalf of
the state, which authorizes the
arrest and detention of an
individual, or the search and
seizure of an individual's
property.

WARRANTLESS ARREST - Under Section 5, Rule 113 of the Revised
Rules of Criminal Procedure, a peace officer or a private person may,
without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense;
(b) When an offense has in fact just been committed, and he has
personal knowledge of facts indicating that the person to be arrested
has committed it; and
(c) When the person to be arrested is a prisoner who has escaped from
a penal establishment or place where he is serving final judgment or
temporarily confined while his case is pending, or has escaped while
being transferred from one confinement to another.
In cases falling under paragraphs (a) and (b) hereof, the person
arrested without a warrant shall be forthwith delivered to the nearest
police station or jail, and he shall be proceeded against in accordance
with Rule 112, Section 7.

• The rationale for warrantless arrests was enunciated in the case of
Valmonte vs.De Villa (1990) where the Supreme Court held that:
• “To hold that no criminal can, in any case, be arrested and searched for
the evidence and tokens of his crime without a warrant, would be to leave
society, to a large extent, at the mercy of the shrewdest, the most expert,
and the most depraved of criminals, facilitating their escape in many
instances.”
• Under Section 5(a) of Rule 113, the officer arresting a person who has just
committed, is committing, or is about to commit an offense must have
personal knowledge of the fact. The offense must also be committed in is
presence or within his view. (Sayo v. Chief of Police, 80 Phil. 859). This is
where the terms “in flagrante delicto” and “caught in the act” find
application.
• In arrests without a warrant under Section 5(b) of Rule 113, however, it is
not enough that there is reasonable ground to believe that the person to
be arrested has committed a crime. A crime must in fact or actually have
been committed first. That a crime has actually been committed is an
essential precondition. It is not enough to suspect that a crime may have
been committed. The fact of the commission of the offense must be
undisputed. The test of reasonable ground applies only to the identity of
the perpetrator. Parenthetically, it may be observed that under the
Revised Rule 113, Section 5(b), the officer making the arrest must have
personal knowledge of the ground therefor as stressed in the case of
People v. Burgos.

• In People vs. Mengote (G.R. No. 87059, June 22, 1992), the
Supreme Court held that the accused acts of merely
“looking from side to side” and “holding his abdomen,” do
not constitute enough basis to implement a warrantless
arrest. There was apparently no offense that had just been
committed or was being actually committed or at least
being attempted by the accused in the presence of the
arresting officers.In this case, the Solicitor General argued
that the actual existence of an offense was not necessary as
long as Mengote’s acts “created a reasonable suspicion on
the part of the arresting officers and induced in them the
belief that an offense had been committed and that the
accused-appellant had committed it.” The Court shot down
this argument stating that no offense could possibly have
been suggested by a person “looking from side to side” and
“holding his abdomen” and in a place not exactly forsaken.

• In the same case, the Court added this caveat:
• “It would be a sad day, indeed, if any person
could be summarily arrested and searched just
because he is holding his abdomen, even if it be
possibly because of a stomach-ache, or if a peace
officer-could clamp handcuffs on any person with
a shifty look on suspicion that he may have
committed a criminal act or is actually
committing or attempting it. This simply cannot
be done in a free society. This is not a police state
where order is exalted over liberty or, worse,
personal malice on the part of the arresting
officer may be justified in the name of security.”

• The case of People vs. Alvarez (1991), illustrates a warrantless arrest
in accordance with Section 5(b) of Rule 113:
• “In the instant case, it was the elder Alvarez who initiated the arrest
a day after the crime was committed. Having been once a
policeman, he may be said to have been equipped with knowledge
of crime detection. And having had the opportunity to observe the
conduct of the three Appellants, who were at his house the whole
day following the commission, it is logical to infer that his act of
going to the police, informing them that Appellants were the
perpetrators of the crime and even fetching them to make the
arrest sprang from a well-grounded belief that a crime had been
committed and that Appellants had committed it. In this regard, the
arrests without a warrant were validly effected.”
• As for cases of rebellion, the case of Umil vs. Ramos (187 SCRA
311), clearly states that since rebellion is a continuing offense, a
rebel may be arrested at any time, with or without a warrant, as he
is deemed to be in the act of committing the offense at any time of
the day or night.

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 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.
Abridge - shorten (a book,
movie, speech, or other text)
without losing the sense.
Section 3.
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.
Any evidence obtained in violation
of this or the preceding section shall
be inadmissible for any purpose in
any proceeding.
Correspondence – communication
thru letters.

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.
• Abode – a temporary stay or home.
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.
Public and private employees have the right on association as
long as it will not violate any law.
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 9. Private property shall not be taken for public use without
just compensation.
• What is Just Compensation - Compensation provided to an owner
whose private real property is seized by the government's power of
eminent domain, which allows it to take such property for public
use. For example, when the national highway system was being
constructed in the 1950s, many homeowners had their property
seized through eminent domain because the government wanted
the land to build the highway system. The just compensation
remedy is provided by the Fifth Amendment's taking clause, and is
usually considered to be fair market value. However, what the
government considers just compensation may not be considered as
such by the person whose property is seized.
Section 10. No law impairing the obligation of contracts shall be passed.
• Impair – to damage or make worse by or as if by diminishing in some
material respect.
• The Law on Obligations and Contracts is on the Book IV of The Civil Code
of the Philippines.

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.
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.
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.
Any confession or admission obtained in violation of this or Section 17
hereof shall be inadmissible in evidence against him.
The law shall provide for penal and civil sanctions for violations of this
Section as well as compensation to the 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.
No person shall be held to answer for a criminal offense without due
process of law.
In all criminal prosecutions, the accused shall be presumed innocent
until the contrary is proved, and shall enjoy the right to be heard by
himself and counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy, impartial, and public trial, to
meet the witnesses face to face, and to have compulsory process to
secure the attendance of witnesses and the production of evidence in
his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused: Provided, that he has
been duly notified and his failure to appear is unjustifiable.

Section 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.
No person shall be detained solely by reason of his political
beliefs and aspirations.
No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been
duly convicted.
Habeas corpus - a writ requiring a person under arrest to be brought before a judge or
into court, esp. to secure the person's release unless lawful grounds are shown for
their detention.

Section 19.
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.
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.
***What is poll tax? - a tax levied on every adult, without
reference to income or resources.

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.
***What is jeopardy? – danger
Section 22. No ex post facto law or bill of
attainder shall be enacted.
***Laws should never be retroactive.

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