On the Constitution & the Rights of People

• Hobbes’ concept of Leviathan – a metaphor for a

mythological large sea monster that devours
ships. For him, this creature is so powerful that it
could exact obedience and power over people.
• (Left) Hobbes compared the higher authority as a
giant powerful sea monsters; (right) The central
authority is in a form of one ruler which exercise a
great deal of absolute power.

Constitution: Setting the powers and limitations

of the government
• In every democratic state, a constitution must be
set in order to facilitate the harmonious
relationship of people to other people, but most
importantly of people to its government.
• According to Jean Jacques Rosseau, the authority • Constitution is one of the foundations of a
democracy, and this is the third feature with
should reside to the people, not a ruler.
which Larry Diamond talked about as the third
• The leader should only be representative of the
essential characteristic of a healthy democracy –
general will– “that is, the collective will of the
the rule of law.
citizen body taken as a whole. The general will is
• Constitution is defined as the supreme law of the
the source of law and is willed by each and every
land.
citizen.”
➢ It defines and sets the making of the state,
the government and the rights of its
people.
➢ No one is higher than the constitution –
not even the monarch, president or prime
minister of a particular country

Two Kinds of Constitution

➢ Codified: Compiled into a single document (ex.

Philippine Constitution, US Constitution)
➢ Uncodified: A constitution composed of many
documents and traditions (ex. British
• According to John Locke, “The purpose of the Constitution, Canadian Constitution, Israeli
Government and law is to uphold and protect the Basic Laws)
natural rights of men. So long as the Government Evolution of Constitution of the Republic of the
fulfills this purpose, the laws given by it are valid Philippines
and binding but, when it ceases to fulfill it, then
The Philippines has had a total of six constitutions
the laws would have no validity and the
since the Proclamation of Independence on June
Government can be thrown out of power.”
12, 1898.
Locke believes that government or authority for The iconic photograph of 1899 Malolos Congress:
that matter only exists in so far as it safeguards digitally colored, based on written accounts and the
the natural rights of people - “life, liberty and restoration of the Barasoian Church for the 1998
property.” Centennial. President Aguinaldo sits at the center, as a
gentleman reads a document to his left.

Date Covered Version Notable

Information
1899-1901 1899 Malolos Short-lived Law and his
Constitution constitution after projects –
Philippines was New Society (
turned as an Bagong
American Colony Bayan)
1935-1943 1935 The constitution 1987 -Present 1987 Established after
Reinstated Constitution that was Constitution the First People
again established to Power Revolution
Occupation transition to Freedom Constitution
1945-1973 independent
commonwealth THE 1986 PROVISIONAL "FREEDOM" CONSTITUTION
government from OF THE REPUBLIC OF THE PHILIPPINES
American control.
PROCLAMATION NO. 3
1943-1945 1943 Another shor-
Constitution lived constitution DECLARING A NATIONAL POLICY TO IMPLEMENT THE REFORMS
due to the brief MANDATED BY THE PEOPLE, PROTECTING THEIR BASIC RIGHTS,
occupation of ADOPTING A PROVISIONAL CONSTITUTION, AND PROVIDING
FOR AN ORDERLY TRANSITION TO A GOVERNMENT UNDER A
Japan during
NEW CONSTITUTION.
World War II
1973-1986 1973 After reverting
Constitution abck to the 1935
Constitutions,
Marcos tried to
amend and
impose new
constitution with
changes to:
• Present form
of
Features of 1987 Constitution
government
to a) Reinstitution of a Democratic Government.
parliamentary b) Separation of Church and State.
form. c) Sovereignty of the people.
Parliamentary
d) Renunciation of war as a national policy.
form a
e) Supremacy of Civilian authority over the military.
legislature
f) Separation of Powers
normally
provides Preamble
indefinite
terms to a We, the sovereign Filipino people, imploring the aid
prime of Almighty God, in order to build a just and humane
minister ( society, and establish a Government that shall
version of embody our ideals and aspirations, promote the
president), so common good, conserve and develop our patrimony,
long as it has and secure to ourselves and our posterity, the
the support of
blessings of independence and democracy under the
the
rule of law and a regime of truth, justice, freedom,
parliament.
love, equality, and peace, do ordain and promulgate
• Postponed
the election in this Constitution.
favor of ARTICLE I National Territory
Marcos.
• Provide
1986 Marcos more
Freedom executive
Consitution power during
the Martial
 Article IV: Citizenship

SECTION 1. The following are citizens of the

Philippines:

a. Those who are citizens of the Philippines at

the time of the adoption of this Constitution;
b. Those whose fathers or mothers are citizens
of the Philippines;
c. Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
Article II of 1987 Constitution DECLARATION OF citizenship upon reaching the age of majority;
PRINCIPLES AND STATE POLICIES and
d. Those who are naturalized in accordance with
Section 1. The Philippines is a democratic and
law (CA 473)  This means that the Philippines
republican State. Sovereignty resides in the people
uses jus sanguinis as the basis for citizenship
and all government authority emanates from them.
➢ Jus Soli: Citizenship by place, like the US
Reiteration of the sovereignty of the people not the (intended there to grant African-
government. Americans citizenship) was used under the
Malolos Constitution
As we have discussed, these are the natural rights of
➢ However, foreigners born in the
people and the constitution clearly states that.
Philippines can avail of an expedited
Section 5. The maintenance of peace and order, the process (RA 9149)
protection of life, liberty, and property, and ➢ NOTE: Being Filipino has nothing to do
promotion of the general welfare are essential for the with ethnicity, but citizenship.
enjoyment by all the people of the blessings of
Article IV: Citizenship
democracy.
SECTION 2. Natural-born citizens are those who are
Section 6. The separation of Church and State shall be
citizens of the Philippines from birth without having to
inviolable.
perform any act to acquire or perfect their Philippine
Our country is a secular state meaning that the Church citizenship. Those who elect Philippine citizenship in
should have no influence on the decision-making of accordance with paragraph (3), Section 1 hereof shall
the government. be deemed natural-born citizens.

Technically, religious bloc-voting violates this. ➢ Foundlings are presumed to be natural-

born citizens (ex. Grace Poe)
Section 11. The State values the dignity of every ➢ Only natural-born Citizens can run for
human person and guarantees full respect for human national offices or be appointed to the
rights. Supreme Court
Repetition of the natural rights of people. An example How to become a Filipino Citizen:
of this is that suspects in any given case should be
given the chance to be heard and NOT be judged or ➢ Naturalization through Court Proceedings
not be jailed without proper hearing. (Immigrants and Refugees)
 ➢ Administrative Proceedings before a special practice of any profession or in the active
committee (if born in the Philippines) management or control of any business which in any
➢ Act of Congress (mostly for imported athletes way be affected by the functions of his office, nor shall
and other distinguished foreigners) he be financially interested, directly or indirectly, in
Requirements (According to CA 473, doesn't any contract with, or in any franchise or privilege
apply to those naturalized by Congress): granted by the Government, any of its subdivisions,
➢ At least aged 21 agencies, or instrumentalities, including government-
➢ Must know any Philippine language, English, owned or controlled corporations or their subsidiaries.
or Spanish
→ a set or procedures and rules are detailed in this
➢ 10-year residence (for integration purposes)
section to create an impartial independent body
➢ If with kids, they must study in Philippine
schools Republic Act No. 6713, otherwise known as the “Code
of Conduct and Ethical Standards for Public Officials
Article V: Suffrage
and Employees”
SECTION 1. Suffrage may be exercised by all citizens of
Article X: Local Government
the Philippines not otherwise disqualified by law, who
are at least eighteen years of age, and who shall have SECTION 1. The territorial and political subdivisions
resided in the Philippines for at least one year and in of the Republic of the Philippines are the provinces,
the place wherein they propose to vote for at least six cities, municipalities, and barangays. There shall be
months immediately preceding the election. No autonomous regions in Muslim Mindanao and the
literacy, property, or other substantive requirement Cordilleras as hereinafter provided. (NOTE: The
shall be imposed on the exercise of suffrage. Cordillera Autonomous Region has not yet been
created)
→ Suffrage means the right to vote in an election.
SECTION 2. The territorial and political subdivisions
Article IX: Constitutional Commissions
shall enjoy local autonomy.
SECTION 1. The Constitutional Commissions, which
→ Establish the lower governments with their
shall be independent, are the Civil Service
autonomy – powers and limitations.
Commission, the Commission on Elections, and the
Commission on Audit. → Autonomous Regions: Acknowledges the unique
history of the Bangsamoro and Cordilleras
→ These commissions should be independent from
the three branches of government itself to ensure free Article XI: Accountability of Public Officers
and fair elections by Commission on Elections; To
oversee the integrity of the government in manners of SECTION 1. Public office is a public trust. Public
public employment by Civil Service Commission; and officers and employees must at all times be
audit, review and examine the expenditures of the accountable to the people, serve them with utmost
Philippine government by Commission on Audit. responsibility, integrity, loyalty, and efficiency, act with
patriotism and justice, and lead modest lives.
Article IX: Constitutional Commissions
→ Provides the notion of accountability. This is
important as accountability means that leaders should
be open to criticism (not file a case against any
citizen); Accountability means being honest on how
funds are used

– where did it go; why did we use it in that program

etc.

Article XI: Accountability of Public Officers

Article IX: Constitutional Commissions SECTION 2. The President, the Vice-President, the
Members of the Supreme Court, the Members of the
SECTION 2. No Member of a Constitutional Constitutional Commissions, and the Ombudsman
Commission shall, during his tenure, hold any other
may be removed from office, on impeachment for, and
office or employment. Neither shall he engage in the
conviction of, culpable violation of the Constitution,
treason, bribery, graft and corruption, other high XVIII - Transitory Provisions - Transition from the
crimes, or betrayal of public trust. All other public Freedom Constitution to the 1987 Constitution -
officers and employees may be removed from office as Intended to lapse by 1995
provided by law, but not by impeachment.

Article XI: Accountability of Public Officers

→ Establishes impeachment – or removing a public

official from offices if they violated the constitution,
treason (pagtataksil) - siding and conniving with other
country as opposed to his own country. Bribery
(panunuhol) – using money to gain something usually
in illegal manner. Graft – using the leaders position to
gain personal benefits – such as using the public funds
to buy their personal wants/needs
Checks and balances
Article XI: Accountability of Public Officers
➢ It is defined as the principle of government
SECTION 3 (6). The Senate shall have the sole power under which separate branches are
to try and decide all cases of impeachment. empowered to prevent actions by other
branches and are induced to share power.
→ Only the Senate can decide on all impeachment ➢ If one branch sees that the other branch may
cases, and impeached officials can only be removed be pursuing policies or actions that is against
from office and banned from any government position the welfare of the people and the constitution
for life (with a vote of at least 16 out of 24 Senators) – each branch has the power to counter this
→ Normally, the Senate President presides over action from one another
impeachment trials, but when the accused is the ➢ Downside: This can lead to gridlock, meaning
president, the Chief Justice presides Only impeachment nothing is accomplished
trial of a president: Erap's impeachment trial in 2000
Erap was later found guilty of plunder in 2007

→ Only one official has ever been removed through

impeachment (2011-2012: Chief Justice Renato C.
Corona, with a vote of 20-3 for conviction)

Article XII: National Economy and Patrimony

Article XIV: Education, Science and Technology, Arts,

Culture and Sports

SECTION 3. (1) All educational institutions shall

include the study of the Constitution as part of the
curricula.

→ There is a separate subject for Philippine

Constitution in college, however CHED removed it in
college and put it on Senior High School when K-12
was implemented

XV - The Family

XVI - General Provisions

XVII- Amendments or Revisions -Procedures allowing

for Charter-Change
➢ According to United Nations, “human
rights are rights inherent to all human
beings, regardless of race, sex,
 nationality, ethnicity, language, religion, ➢ Section 6. The liberty of abode and of
or any other status. Human rights include changing the same within the limits
the right to life and liberty, freedom from prescribed by law shall not be impaired
slavery and torture, freedom of opinion except upon lawful order of the court.
and expression, the right to work and Neither shall the right to travel be
education, and many more. Everyone is impaired except in the interest of
entitled to these rights, without national security, public safety, or public
discrimination.” health, as may be provided by law.
➢ Section 1. No person shall be deprived of ➢ Section 7. The right of the people to
life, liberty, or property without due information on matters of public concern
process of law, nor shall any person be shall be recognized. Access to official
denied the equal protection of the laws records, and to documents and papers
➢ Section 2. The right of the people to be pertaining to official acts, transactions, or
secure in their persons, houses, papers, decisions, as well as to government
and effects against unreasonable research data used as basis for policy
searches and seizures of whatever nature development, shall be afforded the
and for any purpose shall be inviolable, citizen, subject to such limitations as may
and no search warrant or warrant of be provided by law.
arrest shall issue except upon probable ➢ Section 11. Free access to the courts and
cause to be determined personally by the quasi-judicial bodies and adequate legal
judge after examination under oath or assistance shall not be denied to any
affirmation of the complainant and the person by reason of poverty
witnesses he may produce, and ➢ Miranda Doctrine - Section 12. (1) Any
particularly describing the place to be person under investigation for the
searched and the persons or things to be commission of an offense shall have the
seized. right to be informed of his right to
➢ Section 3. (1) The privacy of remain silent and to have competent and
communication and correspondence independent counsel preferably of his
shall be inviolable except upon lawful own choice. If the person cannot afford
order of the court, or when public safety the services of counsel, he must be
or order requires otherwise, as prescribed provided with one. These rights cannot be
by law. waived except in writing and in the
➢ (2) Any evidence obtained in violation of presence of counsel.
this or the preceding section shall be ➢ (2) No torture, force, violence, threat,
inadmissible for any purpose in any intimidation, or any other means which
proceeding vitiate the free will shall be used against
➢ Section 4. No law shall be passed him. Secret detention places, solitary,
abridging the freedom of speech, of incommunicado, or other similar forms of
expression, or of the press, or the right of detention are prohibited.
the people peaceably to assemble and ▪ Placed to prevent a repeat of the
petition the government for redress of atrocities committed by the Marcos
grievances. regime
➢ NOT APPLICABLE to private institutions ➢ (3) Any confession or admission obtained in
and individuals violation of this or Section 17 hereof shall be
➢ Section 5. No law shall be made inadmissible in evidence against him.
respecting an establishment of religion, ➢ (4) The law shall provide for penal and civil
or prohibiting the free exercise thereof. sanctions for violations of this section as well as
The free exercise and enjoyment of compensation to and rehabilitation of victims of
religious profession and worship, without torture or similar practices, and their families
discrimination or preference, shall forever ➢ Section 13. All persons, except those charged with
be allowed. No religious test shall be offenses punishable by reclusion perpetua when
required for the exercise of civil or evidence of guilt is strong, shall, before
political rights. 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
➢ ANO ANG WRIT OF HABEAS CORPUS?

➢ 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.
➢ Doesn't get you out of washing the dishes