Preamble

Meaning of Preamble
The term preamble means introduction to a main subject. It is the prologue of the Constitution *Not all Constitution have preamble

Object and value of preamble

The Preamble of the Constitution of the Philippines serves two important ends:
1. It tells us who the authors of the Constitution are and for whom it was promulgated; and 2. It states the general purposes which the Constitution and the government established under it intend to achieve and the basic principles underlying the fundamental charter

Source of Constitutions authority

We, the sovereign Filipino people, imploring the aid of Almighty God xxx, do ordain and promulgate this Constitution, stresses the fact that the Constitution of the Philippines derives its authority from the Filipino people themselves and being so, it is the supreme law of the land.

The God stressed

The reference to the Almighty God points out the religious nature of the Filipino people as they acknowledge the existence of a Supreme Being that guides their destinies and the destiny of their nation. The entire Preamble is like a collective prayer to this Supreme Being, recognizing Him as the source of their authority to promulgate the Constitution

Preamble: Essential or Not?

It is not an integral part of our constitution It cannot be invoked as a source of private right enforceable by the courts or of any governmental power not expressly granted or at least, clearly implied

National Purpose and Aims in Adopting the Constitution

1. to build a just and humane society 2. to establish a Government that shall:
Embody our ideals and aspirations Promote the common good Conserve and develop our patrimony 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.

Attainment of the Constitutional Goals

1. Root causes of our present problems 2. Government envision by the Constitution 3. Single biggest factor for national solidarity 4. Key to a successful democracy

National Territory
Article 1

Article I
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 terrestial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, 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.

The National Territory

Meaning of archipelago is derived from the Greek word pelagos which means sea. It may be defined as a sea or a wide expanse of water with several small islands. This term includes both sea and islands taken together as a whole

Territoriality Principle
It aims to stress that the Philippines is an archipelago (composed of many islands) and being such, is adopting the archipelagic concept of territoriality. An archipelago shall be regarded as a single unit so that all waters around, between, conne

Archipelago Doctrine
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

internal waters inner baseline

outer baseline

12 miles territorial seas

international waters

200 miles exclusive economic zone

inner baseline

12 miles territorial seas 200 miles exclusive economic zone

outer baseline

internal waters international waters

II. Claim territories

all other territories over which the Philippines has sovereignty and jurisdiction claim territories are Sabah (North Borneo), Guam and parts of the Spartly Islands reasons for claim: historic right and legal title as expressed in the 1973 constitution

rightful claim over: Guam -by historic right -Guam was governed by the Philippine church authorities at Nueva Caceres -the union of church and state during this period had the government ruling Guam as a province of the colony Philippines

Spratly Islands - claim is only for the Kalayaan (Freedom) group of islands, (islands directly adjacent to the Philippines) - formally claimed by the Philippines during the Marcos administration - most of the islands had long been occupied by Filipino ancestors - the islands are covered by UNCLOS determined EEZ

- other claimants are China, Malaysia, Vietnam and Taiwan - territorial disputes are settled via bilateral talks among concerned states; regional cooperations serve as fora for peaceful and beneficial provisional settlements - China remain adamant in its rightful claim by forcibly erecting military outpost in most of the strategically located islands

Sabah - history had the Sultan of Brunei give the upper portion of the island of Borneo known as Sabah to the Sultan of Sulu for helping quell a rebellion in the island - Sabah was rented by a British trading company during the British colonization - documents such as leases and receipts of the British trading company manifest rightful recognition of the Sultan of Sulu by the British as its rightful owner

- The Sultan of Sulu and his heirs claim Sabah by virtue of historic right supported by legal documents - A UN sponsored referendum in 1963 resulted to the locals opting for Malaysian government supervision - territorial disputes could be settled by UNs World Court with all parties concerned in agreement to the courts final decision - Malaysias Prime Minister Mahatir withdrew his approval for a World Court settlement upon knowing of legal documents in possession by the Philippine government

Declaration of Principles and State Policies

Article II Sections 1-6

Principles

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

The Philippines
a Democratic and a Republican State
States that the Philippines is a democratic state
e.g., Abraham Lincoln said: a government of the people, by the people, for the people.

Sovereignty of the People

Sovereignty
is the supreme power to govern It lies in the hands of the Filipino people who have the right to choose the type of government they want and to define the powers it shall hold and exercise.

 It is their right to abolish their government and form a new one and organize it in such form as seems to them best for their welfare and happiness

 1. Sovereignty is exercised indirectly

Through public officials elected by the people Officials appointed by the elected officials

2. Sovereignty is exercised directly

Suffrage [e.g., Article 5 1987 Constitution]

Peoples Participation
1. Multi-party system 2. Party-list system 3. Sectoral representatives 4. Peoples organization 5. System of initiative and referendum 6. Plebiscite

1. Multi-Party System
Allowing different organizations to participate as political parties More people will have better chances as members of those parties to participate in the political process

2. Party-list system
The people vote for the party they want to be represented in the House of Representatives The different parties will be entitled to such number of seats on the basis of the percentage of the total votes received [e.g., Art 6, Sec. 5]

3. Sectoral Representatives
For the first 3 terms (i.e., from 1987 to 1998) of the seats for the party-list system It is reserved for the following sectors or interests: labor, peasant, urban poor, indigenous cultural communities, women, youth and such other sectors

4. Peoples Organization
They are now recognized in the new Constitution as a means for the people to work for what they believe is good for them

5. System of Initiative and Referendum

the people are able to participate in making laws By means of recall, the people can terminate the services of local officials even before the expiration of their term of office

6. Plebiscite
People approve or reject proposed changes in the constitution Changes may even be directly proposed by the people through initiative It is also through plebiscite that residents in local government units express their will with respect to certain local issues.

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, justice, freedom, cooperation, and amity with all nations.

Renunciation of War as an Instrument of National Policy

This declaration means that the Philippines shall never engage in war where it is the aggressor. However, it has the right to engage in war to defend its honor and integrity as a nation against any foreign enemy

 Every country has the inherent right to selfpreservation Aggressive War vs. Defensive War

International Law
Philippines is bound to enforce accepted principles of international law International law is the body of laws governing nations in their dealings with one another

Policy of Peace with all Nations

In line with the objectives of the United Nation
The Philippines seeks only peace and friendship with the rest of the world. Supports the rights of all nations to equality, freedom, justice

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.

Supremacy of the Civilian Authority

The President is the commander-in-chief of the armed forces of the Philippines,
the army, the navy, the air force, and the marines The appointment of the high ranking officials is vested in the President

Armed Forces: Protector of the State

Armed Forces of the Philippines (AFP) Its goals is to discharge the function of being the protector of:
The sovereignty of the State Integrity of our 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 fulfillment thereof, all citizens may be required, under conditions provided by law, to render person military or civil service.

Prime Duty
To serve and protect the people It is upon the implementation of the State Policies contained in Sections 7 to 28 of Article II.

Defense Against Foreign Aggression

The Philippines can engage in a defensive war and it can call upon every citizen to fight for and serve his country when needed.

Personal Military and Civil Service

Army Citizens
Required to render:
Personal military Civil service

Citizens may not refuse on the ground that to go to war is against their religion.

Personal Military Service

One that cannot have another person perform the service being asked of him Service must be personal

Civil Service
Refers to any service for the defense of the State other than military or as soldiers, like as workers in a munition factory

under conditions provided by law

Aimed at preventing unreasonable demands for military or civil service by certain officials without clear guidelines but relying solely on their own discretion.

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.

Peace and Order

Duty of the government to maintain peace and order
Through making laws Enforcing laws Promote the general welfare

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

Principle of Separation of the Church and State

Good fences produces good neighbors The incorporation clause:
The State cannot pass laws which give aid to one, some, or all religions or prefer one religion over another Nor impose any tax to support any religious activities or religious sect

Declaration of Principles and State Policies

Article II Sections 7-12

State Policies

Section 7.
The State shall pursue an independent foreign policy. In its relations with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to selfdetermination.

Foreign Policy
It is the policy which lays down the course of courses of action a State shall take in its dealings with other States.
WWII, when the Philippines was very much identified with the US, the country had a difficult time establishing ties with socialist nations and other small countries

Now, the government is required to adopt an independent foreign policy guided only by the welfare of the people and the security of the country.

 Under the Constitution, an independent foreign policy means that national sovereignty, territorial integrity, national interest and the right to self-determination shall be the primary considerations of the Philippines in its relations with other States.

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

Freedom from Nuclear Weapons

It is a prohibition from: Making Storing Manufacturing Dumping Of nuclear weapons, devices, or parts thereof in our country

Exceptions
The use of nuclear for: Medicine, Agriculture, And other beneficial purposes If the national interest so requires The storing of nuclear weapons in our 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.

Just and Dynamic Social Order

This is accomplished through policies that:
Provide sufficient social services (in the field of health, education, housing, etc) Promote full employment A rising standard of living Improve quality of life for all

Section 10.
The State shall promote social justice in all phases of national development.

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

Human Rights
Rights against violations particularly by the government These are recognized and respected because of the belief in the dignity and worth of every human person

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.

Strengthening the Family

The government may not interfere in matters involving the family nor pass laws which may in any way weaken it as a social unit.

Right to Life
Pertains to the life of the mother and the unborn The unborn child possesses certain human rights

Exception to the right to life

When the life of the mother is endangered the life of the unborn child may be sacrificed
This is not considered abortion

Rearing of the Youth

Since they are constituted as the biggest sector in the Philippines Famous saying: Ang kabataan ang siyang kinabukasan ng bayan

Declaration of Principles and State Policies

Article II Sections 13-20

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.

Role of the Youth in Nation Building

Youth are better educated, more wellinformed The constitution recognizes the importance of the youth

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.

Role of Women in Nation Building

While men and women are not equal in all respects, the State must see to it that their fundamental equality is upheld be law
Opportunities for employment Practice of their professions Pursuit of business

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

Right to Health
The Constitution gives the right to the people to health
DOH Health Centers etc

Section 16.
The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

Right to Balanced and Healthful Ecology

The need for a program to address the ecological problems of:
Pollution Waste disposal Forest denudation Flood drought Dying river beds Destruction of waterways, etc Protect human life

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.

 The States prioritizes the following through their different programs in the DepEd, DOST, PSC, etc.

Section 18.
The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

 The DOLE and their agencies provide assistance for the Filipinos in terms of Labor

Section 19.
The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.

Section 20.
The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.

Role of private sectors in the economy

The Constitution does not favor an economy where the State directly competes with private business. The business of government is governance and NOT money-making

Declaration of Principles and State Policies

Article 2 Sections 21-28

Section 21.
The State shall promote comprehensive rural development and agrarian reform.

 CARP See Art XIII on Social Justice and Human Rights

Section 22.
The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development

Rights of the Indigenous

Indigenous cultural communities includes those non-dominant groups in a population
Ethnic Religious Linguistic traditions

 The Code of Muslim Personal Laws of the Philippines

Codifies Filipino Muslim laws and provides for their administration

Section 23.
The State shall encourage nongovernmental, community-based, or sectoral organizations that promote the welfare of the nation.

**The State is REQUIRED to encouraged these organizations

Section 24
The State recognizes the vital role of communication and information in nationbuilding.

 Means of communications such as:

Motion pictures Television Radio Newspapers Magazines etc

Nation-Building
The people are enlightened on certain public issues They can also serve as useful tools to promote unity among the Filipinos

Section 25.
The State shall ensure the autonomy of local governments.

Section 26.
The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.

 This does not allow the existence of political dynasties or the practice of keeping political power within the control of select families Emphasizes the duty of the government to uphold democratic elections and appointments

Section 27.
The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption

Honesty and integrity in public service

The Constitution seeks to minimize, if not completely to eliminate graft and corruption.

Section 28.
The Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interests.

 Section 7 of the Bill of Rights

Guarantees the peoples right to know any transaction entered into by the government
Limited to things which involves public concerns

The policy covers matters involving public interest especially those concerning the utilization of public funds and property

Bill of Rights
Article III Sections 1-4

Bill of Rights
It is the part of the Constitution which lists the basic rights of a person which the Constitution seeks to protect from violation by the government, by an individual, or by any group of individuals. It thus limits the powers of the government.

Right
It is the freedom to do or not to do something, as recognized by law or the Constitution of a country. He is free only up to that point where his freedom does not intrude or interfere with the freedom of others.

State authority and individual freedom

1. State, an instrument to promote individual and social welfare 2. Conflict between individual rights and group welfare 3. Role of Judiciary

Two Principal Kinds of Rights

1. Civil Rights
those rights an individual has against interference by the government such as the rights to choose ones religion, to speak and write freely and to choose where to have ones home.

 2. Political Rights
those rights which give an individual the power to participate, directly or indirectly, in the operation of the government, such as the rights to vote in elections, initiative and referendum, to run for public office to organize political parties, and to assemble and petition the government for redress of grievances

Section 1
No person shall be deprived of life, liberty, or property without due process of law, now shall any person be denied the equal protection of the laws.

Due Process
The state may deprive a persons life, liberty or property provided there is due process of law It is allowed when it is done:
Under the authority o flaw that is valid or of the Constitution After the State has complied with the procedure prescribed by law with regard to the deprivation

Two things to consider

Two things to consider on due process:
1. Ground for deprivation
A person cannot be punished for an act which is not punishable by law at the time of its commission.

2. Compliance with procedure prescribed

It requires that the person accused of a crime given notice of the charge against him as well as the opportunity to be heard of what he wants to say in his defense

Equal Protection of the Laws

Equal treatment under the law Persons who are similarly situated must be treated alike in terms of rights and/or obligations

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
It is a written order issued in the name of the People of the Philippines, signed by a judge and directed a peace officer commanding him to look for certain personal property and bring it before the court

Warrant of Arrest
It is a written order to arrest or bring a named person into custody to make him answer for possible involvement in the commission of a crime

Requirements for valid search warrant or warrant of arrest

It must be issued by the judge Upon determination of probable cause The existence of which must be determined personally by the judge Under oath or affirmation Particularly describing to persons or place to be search and seized **Without the above statements wthe warrant is invalid.

Probable Cause
There is a good reason fro believing that the law has been broken The statements of the complainant and his witnesses must be based on the personal knowledge, and not on mere information from other persons

Warrantless Searches
Where there is consent Where search is an incident to or in the course of, a lawful arrest In the case of contraband (e.g., prohibited drugs, firearms) Where, without search, the possession of articles prohibited by law is found

Warranless Arrest
When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; When he has personal knowledge of facts (i.e., not based on mere hearsay or information from others) indicating that the person to be arrested has committed an offense; and

 When the person to be arrested is a prisoner who has escaped from prison or while being transferred from one confinement to another.

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.

Right to Privacy
Is the right of a person to be left alone, or the right to live without interference by other people in matters with which they are not necessarily concerned.

Limitations to the Right

1. upon lawful order of the court 2. when public safety or order requires otherwise as prescribed by law
Refers to police power

Evidence Illegally Obtained

Any evidence obtained in violations of the right to privacy cannot be used as evidence against the accused or owner even if such evidence clearly establishes his guilt.

 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 4

Meaning of Freedom of Speech, of Expression and of the Press

This is also known as freedom of expression It is the liberty to say, write, disseminate of publish freely whatever one pleases without interference and fear of subsequent prosecution or punishment for so doing

Scope
Speech and Expression include any form of oral utterances Press covers every sort of publications:
Newspaper Magazines Books Leaflets Radio and TVs also included

Right not Absolute

This is to insure that the exercise of this right is not harmful to the community or society or injurious to other persons

Right to Assembly
Means the right on the part of the citizens to gather peaceably in a public meeting to hear what ideas will be expressed there or to discuss subjects in which they interested

Right of Petition
Right of any person or group of persons to ask without fear of penalty, any branch or office of the government to take or not to take an action on a complaint or grievance

Bill of Rights
Article III Sections 5-10

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.

Religious Freedom
Is the right of an individual to worship God and to embrace certain religious beliefs according to the dictates of his conscience without interference from any person or any governmental or private agency

Religious Profession and Worship

1. Freedom to believe in a religion
free to choose his religion State cannot compel the person to go to church or punish him for his beliefs

 2. Freedom to act in accordance with such belief

People may pray or worship as they want to They may perform their rituals in accordance with their religious beliefs

Religious Test
It is prohibited Example:
A law prohibiting the appointment or election to public office of persons who are atheists or do not believe in God or who believe in a particular religion

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.

Liberty of Abode and Travel

Refers to the right of a person to have his home in whatever place he chooses and then to change his residence Also includes the right to go where he pleases without interference from the government

Limitations to the Right

Upon lawful order of the court When:
national security Public safety Public health; is endangered

 The state may require confinement of persons with:

communicable disease Mentally insane The arrest and detention of persons accused of crimes The non-departure from the country to persons with criminal cases

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.

Right to Information on Matters of Public Concerns

This helps prevent the commission of corrupt practices as it will make public officials aware that their actions or conduct are subject to public scrutiny It also includes the encouragement of people to participate in public affairs

Limitations
Records involving the security of the state or which are confidential in character are excepted.

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.

Meaning of Right to form Associations

It is the freedom to organize or be a member of any group or society as well as to adopt certain rules which will be govern such group or society. It also includes the right to leave the society or group of which one is a member at anytime one desires.

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

Meaning of Eminent Domain

Is the power of the State to take private property for public use upon payment of just compensation.

Conditions
The taking of the private property must be for public use
School Road widening

There must be JUST compensation There must be notice and an opportunity to object expropriation

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

Meaning of Obligations of a Contract

It is the duty which binds the parties to a contract to perform whatever has been agreed upon according to the terms and intent of the contract provided such contract is lawful.

Purpose of Non-impairment Prohibition

It is intended to assure the fulfillment of lawful promises by the contracting parties. Problems would arise if contracts were not binding and if a law could be passed permitting the non-fulfillment by either party to a contract of obligations entered into legally

Impairment
It is impaired when its terms or conditions are changed by law or by a party without the consent of the other thereby weakening the position or rights of the latter

Bill of Rights
Article III Sections 11-13

 Free access to the courts and quasijudicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

Section 11

Constitutional Rights of the Accused in Criminal Cases

The right to adequate legal assistance The right, when under investigation for the commission of an offense, to be informed of his right to remain silent and to have counsel The right against the use of torture, force, violence, threat, intimidation or any other means which vitiates the fee will;

Contthe rights of the accused

The right against being held in secret, incommunicado, or similar forms of solitary detention; The right to bail and against excessive bail; The right to due process of law; The right to presumption of innocence; The right to be hear by himself and counsel;

Contthe rights of the accused

The right to be informed of the nature and cause of the accusation against him; The right to have a speedy, impartial, and public trial; The right to meet the witnesses face to face; The right to secure the attendance of witnesses and the production of evidence in his behalf;

Contthe rights of the accused

The right against self-incrimination; The right against detention by reason of political beliefs and aspirations; The right against excessive fines; The right against cruel, degrading, or inhuman punishment; The right against infliction of the death penalty except for heinous crimes; and The right against double jeopardy.

Free access to Courts and QuasiJudicial Bodies

It considers the plight of low-income workers, laborers, domestic servants, and others Quasi-judicial bodies
are agencies of the government which are not courts but are given authority like courts to hear and render decisions (e.g., NLRC, SEC, Insurance Commission, etc.)

Right to Adequate Legal Assistance

Duty of the State to provide free and adequate legal assistance to citizens who, 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.

ContSection 12
(2) No torture, force, violence, threat, intimidation, or any other means which violate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

ContSection 12
(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 the rehabilitation of victims of torture or similar practices, and their families.

Rights of Person Under Investigation

They shall enjoy:
The right to remain silent To have capable counsel of his choice To be informed of such rights To be protected from:
Torture Force Violence Threat Intimidation And other means that could weaken the free will

 Any confession obtained as a result of violence shall not be admitted as evidence against him Violators of these rights shall be punished as provided by law, and the victims and their family shall be given compensation by the government.

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.

Meaning of Bail
It is the security required by a court and given for temporary release of a person who is in custody of the law for a crime or offense allegedly committed by him

Meaning of Recognizance
It is a personal obligation assumed by a person, usually a responsible member of a community, who is entrusted with the temporary custody of an accused, no bail for the release being given.

Purpose of Bail
It is allowed to the accused so he may stay out of jail while his case is still being investigated or heard It assures his appearance at the trial and allows him to prepare for the trial It is granted because the accused is presumed not to be guilty until proven

 When the accused does not appear when called by the court, the bail may be ordered forfeited or confiscated. Bail may be in the form of:
Cash deposit Property bond Bond secured from a surety company

When Bail is not Available

If an offense punishable by:
reclusion perpetua death

If the evidence is strong that a person is guilty of a capital offense, he cannot be released on bail.

Excessive Bails
It is prohibited The amount to be given rests on the discretion of the judge hearing the case Considers the nature of the offense The penalty attached Probability of guilt The financial condition of the accused

Bill of Rights
Article III Sections 14-15

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,

Section 14
and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable.

Right of the accused to due process of law

The accused is entitled to a fair and impartial trial and to other safeguards against injustice

Right to Presumption of Innocence

The accused is presumed innocent until proven guilty It ensures that no person shall be convicted of a crime except when his guilt is established by proof beyond reasonable doubt

Statutory Presumption of Guilt

It is possible to a pass a law which provides that the presumption of innocence may be overcome by contrary presumption A prima facie case is established if the accused is not able to present contradictory evidence

 Example:
A person found in possession of a thing taken in the doing o a recent wrongful act (rebellion) is the taker and the doer (rebellion) of the whole act

Right to be informed of the nature and cause of accusation

The accused has the right to know exactly what charges have been filed against him It must also be clear to him that his conviction may mean the loss of his freedom or life, depending on the nature of the crime

Arraignment

Consists in furnishing the accused a copy of the information (criminal complaint) with the list of witnesses After which he is asked whether he pleads guilty or not guilty to the charge or charges against him

Right to be heard by himself and counsel

He must have the assistance of a lawyer
For they know the procedures and science of law

The right to be represented by a counsel is deemed very important. This is the right that the accused cannot refuse to avail of.

Right to speedy, impartial and public trial

Speedy trial this right prevents delays in the administration of justice
If the accused is innocent, a delay mean continuing injustice for him

Impartial trial a judge must render his decision in a manner completely free from suspicion.
He must act in a way that all parties before him must have confidence in the fairness of his decisions

 Public trial it is not one where anyone who so desires shall, in all cases, be permitted to attend criminal trials
Accused friends and relatives and others who are interested to observe the proceedings A trial behind closed doors will enable unscrupulous judges and lawyers to take short cuts to secure the conviction or acquittal Boisterous and disorderly people may be excluded from the trial

Right to confrontation of witnesses

1. the accused has the right to confront or meet face to face witnesses against him and cross-examine them in order to test the truthfulness of their testimonies of statements

 2. this right is to enable the judge to see for himself the manner by which witnesses testify in court and thus guide him in determining whether there are telling the truth or not

Right to compulsory production of witnesses and evidence

The accused has the right to demand that other people who have evidence which would be helpful to him to appear:
If necessary, the judge may issue a subpoena or an order for them to appear or testify in court The accused may also ask the judge to order a person to produce in court certain documents, articles, or other evidence (called subpoena)

Trial in the Absence of the Accused

The right of the accused to be personally present and to be heard in his defense even in the trial of a capital offense may be considered waived by him if he fails to appear at the trial The clear purpose of the rule is to speed up the criminal cases

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.

Meaning of writ of habeas corpus

Literally means to produce the body It is an order issued by a court a person commanding him to produce a person he has in custody and to explain or justify why he is detaining that person.

Purpose of the Writ

Is to inquire into all manner of involuntary detention or imprisonment as distinguished from voluntary, and free the person if he is found to be illegally detained

How writ operates

The prisoner or any person in his behalf may petition a proper court to issue the writ which is sent to the person holding another in his custody Such person is ordered to present the prisoner in court at a specified time with an explanation as to the reason for holding him

 After the order is obeyed, the judge reviews the case and determines whether the detention is lawful or not. If it is lawful, the prisoner is sent back to custody; if not, he is ordered released at once

Suspension of the privilege of the writ

It may be suspended by the President in case only of invasion or rebellion when public safety requires it The temporary suspension of the privilege enables the State to prosecute persons who plot against and endanger its existence.

Bill of Rights
Article III Sections 16-22

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

Speedy disposition of cases

Unreasonable delay may cause party to lose faith in the government It includes not only cases before courts but also before those agencies under the executive branch

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

Right against self-incrimination

This is the right of a person not testify in court or speak against himself. If this was violated, his right of privacy is invaded and his dignity as an individual is degraded.

Form of testimony prohibited

The right of a person not be forced to say he has done something against the law extends to being required to present documents and other articles which may incriminate him and to give specimen of his handwriting as they are considered equivalent to being compelled to testify.

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.

Right against detention solely by reason of political beliefs and aspiration

During the martial law, there are many political prisoners The new provision of the Constitution is a response to these past event in history

Involuntary Servitude
Is any service of one to another which is not freely rendered.

Exceptions to the prohibition

1. when the involuntary service is rendered as punishment for a crime committed by a person; 2. when personal military or civil service is required of citizens for the defense of the State

 3. in exceptional cases where involuntary servitude may serve as punishment, as in army or naval enlistments (in the case of sailors who abandon their ships during a voyage); and 4. when exercised by parents on their children who are required to perform reasonable amount of work

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.

Section 19
(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.

Rights against excessive fines

Fine is a sum of money imposed by a court as a punishment for a crime. The amount of fines to be collected shall be determined by the court. The fine is within the maximum amount fixed by law.

Right against cruel, degrading, or inhuman punishments

Persons convicted of a crime may, by law, and as authorized by the Constitution, be deprived of life, liberty, or property as a punishment But the punishment must not be cruel, degrading or inhuman punishments

Imposition of Death Penalty

The Constitution abolishes death penalty But the Congress was authorized to impose death penalty for compelling reasons involving heinous crimes.
E.g.,
rape with murder, killing ones parents Kidnapping Etc.

Section 20
No person shall be imprisoned for debt or non-payment of poll taxes

Purpose of the prohibition

It seeks to prevent the use of power of the State to force the payment of debts No one may be imprisoned because of his poverty

Prohibition Limited to Contractual Obligations only

The policy of the government not to involve itself in the settlement of debts does not apply to
1. damages or losses arising from criminal acts 2. fines imposed by courts as punishments for a crime.

Meaning of Poll Tax

Is a tax payable by persons by reason of their being residents of a country. The community tax (formerly residence tax) is in the nature of a poll tax.

Purpose of prohibition against imprisonment for non-payment of poll tax

The principle takes into consideration the situation of many of our poor countrymen who may not even have the money to pay their cedula or poll taxes

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.

Right against Double Jeopardy

It means that when a person is charged with an offense and his case is terminated Whether conviction or acquittal Without his express consent, he is forever free on the charge for which he has been tried **he cannot be tried again for the same offense (robbery) or an offense (theft) included in the first offense

Right to appeal in criminal cases

The government has no right to appeal to a higher court a judgment of acquittal But the accused, after having been convicted, may appeal The higher court, however, may raise the penalty imposed by the lower court.

Section 22
No ex post fact law or bill of attainder shall be enacted.

Meaning of ex post facto law

1. makes an act a crime and punishes such act when it was lawful when committed 2. makes a crime more serious or provides a greater punishment thereon than when it was committed; or

 3. requires lesser evidence (e.g., one witness only for an act of treason) to convict the accused than that needed (e.g., at least two witnesses) when the crime was committed. Example:
Is a statute punishing usury which declares as illegal a rate of interest provided in a contract which was not a crime at the time when the contract was entered into

Meaning of Bill of Attainder

Is a law which imposes punishments without a court trial Congress cannot, by means of law declare a person guilty of any wrongdoing

Citizenship
Article IV

Section 1
The following are citizens of the Philippines:
1. Those who are citizens of the Philippines at the time of the adoption of this Constitution; 2. Those whose fathers or mothers are citizens of the Philippines; 3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and 4. Those who are naturalized in accordance with law.

 Is a term signifying membership in a democratic state It carries with it the duty to be loyal to the state and on the part of the state to provide protection for its members

Citizenship

Citizen
Is a person who is a member of a democratic state, enjoying all political and civil rights In a monarchial state, he is called a subject

Alien
Is a citizen or a subject of a country who is living in or just passing or visiting another country

Citizens at the time of the adoption of the Constitution

The citizens referred to under Section 1 (1) are those considered Filipino citizens under the 1973 Constitution (which took effect on January 17, 1973) at the time of the effectivity of the new Constitution on February 2, 1987 by virtue of Proclamation No. 58 of the President

Citizens by Blood Relationship

Jus sanguini
the father or mother of a child may be a natural-born Filipino or a Filipino by naturalization A child born of a Filipino father or mother is a Filipino citizen whether such child is legitimate or not

Jus soli
The citizenship of the child follows the citizenship of the state he was born
E.g., A child born in the United States, since the country follows jus soli principle, the childs citizenship is American.

Citizens through election under the 1935 Constitution

The child whose mother was a Filipino citizen at the time of her marriage to a foreigner but whose citizenship was lost by reason of such marriage, is regarded as an alien until he elects Philippine citizenship after reaching the age of majority

Meaning of Naturalization
It is the process by which a foreigner becomes a citizen of a state. It is similar to the process of adoption of a child into a family except that in adoption, it is the adopter who does the choosing The individual has to apply to become a citizen

Citizens by naturalization
Those who are not Filipino citizens at birth ** care is exercised by the government in granting naturalization to foreigners because under our Constitution and our laws, there are certain rights and privileges that could be enjoyed only by Filipinos (vote, candidacy, business or practice of profession)

Ways of Acquiring Citizenship by Naturalization

1. By judgment of the court
A foreigner who wishes to become a Filipino citizen may do so by applying for citizenship at the proper Regional Trial Court which will determine whether he has all the qualifications and none of the disqualifications provided by the law; or

 2. By direct act of Congress

In this case, the congress passes a law directly granting citizenship on a foreigner

Citizenship
Article IV

Section 2
Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.

Natural-born Citizens
1. who at the moment of their birth are already citizens of the Philippines 2. who do not have to perform any act to acquire or perfect their Philippine citizenship

 Example:
A child born of Filipino parents, or a Filipino father or a Filipino mother after the ratification of the 1973 Constitution on January 17, 1973, is natural-born citizen. Those who elect Philippine citizenship in accordance with Section 1(3) are considered natural-born citizens by Section 2 although the 2 requisites mentioned are not present

Section 3
Philippine citizenship may be lost or reacquired in the manner provided by law.

Loss of Citizenship
1. Voluntary
a. by becoming a naturalized citizen of some other country b. by renouncing his citizenship c. by swearing allegiance to a foreign country d. rendering service in the armed forces of another coutnry

 2. Involuntary
a. by cancellation of his certificate of naturalization by the court b. by being a deserter in the Philippine armed forces in time of war

Reacquisition of Lost Philippine Citizenship

1. Naturalization 2. Repatriation 3. Direct act of the Congress of the Philippines *Repatriation is made by merely taking the necessary oath of allegiance to the Republic of the Philippines and registering the same in the proper civil registry

Section 4
Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it.

Effect of marriage of citizen to an alien

A citizen of the Philippines who marries an alien does not lose his/her citizenship even if the laws in his/her spouses country states that he/she automatically acquires the citizenship of his/her spouse, unless he/she does something which obviously signifies an intention to turn away from his/her country, such as taking an oath to support the laws of another country.

 Filipino woman who acquired the citizenship of her foreign husband through marriage, shall have two citizenships Philippine citizenship and that of her husband

Section 5
Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

Dual Allegiance of Citizens

It does not allow citizens particularly those who have acquired their citizenship by naturalization to practice dual allegiance Meaning they are maintaining ties and allegiance to their former country A Filipino citizen, whether natural-born or naturalized, has the supreme duty to remain loyal to our Republic, and to no other

Duties and obligations of citizens

1. To be loyal to the Republic 2. To defend the State 3. To contribute to the development and welfare of the State 4. To uphold the Constitution and obey the laws 5. To cooperate with duly constituted authorities 6. To exercise rights responsibly and with due regard for the rights of others 7. To engage in gainful work 8. To register and vote