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.
ARTICLE III
BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the
laws.
Section 2. The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing
the place to be searched and the persons or things to be seized.
Section 3. (1) The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court, or when public safety or
order requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall
be inadmissible for any purpose in any proceeding.
Section 4. No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably to assemble
and petition the government for redress of grievances.
Section 5. No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof. The free exercise and enjoyment of
religious profession and worship, without discrimination or preference, shall
forever be allowed. No religious test shall be required for the exercise of civil
or political rights.
Section 6. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the
court. Neither shall the right to travel be impaired except in the interest of
national security, public safety, or public health, as may be provided by law.
Section 7. The right of the people to information on matters of public concern
shall be recognized. Access to official records, and to documents and papers
pertaining to official acts, transactions, or decisions, as well as to
government research data used as basis for policy development, shall be
afforded the citizen, subject to such limitations as may be provided by law.
Section 8. The right of the people, including those employed in the public
and private sectors, to form unions, associations, or societies for purposes
not contrary to law shall not be abridged.
Section 9. Private property shall not be taken for public use without just
compensation.
Section 10. No law impairing the obligation of contracts shall be passed.
Section 11. Free access to the courts and quasi-judicial bodies and adequate
legal assistance shall not be denied to any person by reason of poverty.
Section 12. (1) Any person under investigation for the commission of an
offense shall have the right to be informed of his right to remain silent and to
have competent and independent counsel preferably of his own choice. If the
person cannot afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the presence of
counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which
vitiate the free will shall be used against him. Secret detention places,
solitary, incommunicado, or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17
hereof shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this
section as well as compensation to and rehabilitation of victims of torture or
similar practices, and their families.
Section 13. All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction,
be bailable by sufficient sureties, or be released on recognizance as may be
provided by law. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended. Excessive bail shall not
be required.
Section 14. (1) No person shall be held to answer for a criminal offense
without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until
the contrary is proved, and shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the accusation against
him, to have a speedy, impartial, and public trial, to meet the witnesses face
to face, and to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is
unjustifiable.
Section 15. The privilege of the writ of habeas corpus shall not be suspended
except in cases of invasion or rebellion when the public safety requires it.
Section 16. All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.
Section 17. No person shall be compelled to be a witness against himself.
Section 18. (1) No person shall be detained solely by reason of his political
beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment
for a crime whereof the party shall have been duly convicted.
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. Neither shall the death penalty be imposed,
unless, for compelling reasons involving heinous crimes, the Congress
hereafter provides for it. Any death penalty already imposed shall be reduced
to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment
against any prisoner or detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall be dealt with by law.
Section 20. No person shall be imprisoned for debt or non-payment of a poll
tax.
Section 21. No person shall be twice put in jeopardy of punishment for the
same offense. If an act is punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another prosecution for the
same act.
Section 22. No ex post facto law or bill of attainder shall be enacted.
ARTICLE V
DUTIES AND OBLIGATIONS OF CITIZENS
Section 1. It shall be the duty of the citizen to be loyal to the Republic and to
honor the Philippine flag, to defend the State and contribute to its
development and welfare, to uphold the Constitution and obey the laws, and
to cooperate with the duly constituted authorities in the attainment and
preservation of a just and orderly society
Section 2. The rights of the individual impose upon him the correlative duty
to exercise them responsibly and with due regard for the rights of others.
Section 3. It shall be the duty of every citizen to engage in gainful work to
assure himself and his family a life worthy of human dignity.
Section 4. It shall be the obligation of every citizen qualified to vote to
register and cast his vote.
UNITED NATIONS PRINCIPLES ON HUMAN RIGHTS
Universality and Inalienability: Human rights are universal and inalienable. All
people everywhere in the world are entitled to them. The universality of
human rights is encompassed in the words of Article 1 of the Universal
Declaration of Human Rights: “All human beings are born free and equal in
dignity and rights.”
Indivisibility: Human rights are indivisible. Whether they relate to civil,
cultural, economic, political or social issues, human rights are inherent to the
dignity of every human person. Consequently, all human rights have equal
status, and cannot be positioned in a hierarchical order. Denial of one right
invariably impedes enjoyment of other rights. Thus, the right of everyone to
an adequate standard of living cannot be compromised at the expense of
other rights, such as the right to health or the right to education.
Interdependence and Interrelatedness: Human rights are interdependent and
interrelated. Each one contributes to the realization of a person’s human
dignity through the satisfaction of his or her developmental, physical,
psychological and spiritual needs. The fulfilment of one right often depends,
wholly or in part, upon the fulfilment of others. For instance, fulfilment of the
right to health may depend, in certain circumstances, on fulfilment of the
right to development, to education or to information.
Equality and Non-discrimination: All individuals are equal as human beings
and by virtue of the inherent dignity of each human person. No one,
therefore, should suffer discrimination on the basis of race, colour, ethnicity,
gender, age, language, sexual orientation, religion, political or other opinion,
national, social or geographical origin, disability, property, birth or other
status as established by human rights standards.
Participation and Inclusion: All people have the right to participate in and
access information relating to the decision-making processes that affect their
lives and well-being. Rights-based approaches require a high degree of
participation by communities, civil society, minorities, women, young people,
indigenous peoples and other identified groups.
Accountability and Rule of Law: States and other duty-bearers are
answerable for the observance of human rights. In this regard, they have to
comply with the legal norms and standards enshrined in international human
rights instruments. Where they fail to do so, aggrieved rights-holders are
entitled to institute proceedings for appropriate redress before a competent
court or other adjudicator in accordance with the rules and procedures
provided by law. Individuals, the media, civil society and the international
community play important roles in holding governments accountable for
their obligation to uphold human rights.
UNFPA supports the integration of human rights standards into all stages of
its programming framework, including:
Analyzing the immediate, underlying and structural causes of human rights
violations
Setting strategies and goals to address the main causes of human rights
violations and to empower the most vulnerable people as well as to reinforce
the capacity of duty bearers.
Supporting initiatives for the establishment or improvement of an enabling
legal and social framework on population and development, reproductive
health and gender equality
Following the recommendations of UN treaty bodies such as the Committee
on the Elimination of Discrimination Against Women
Evaluating and monitoring programmes with participatory processes and
using human rights indicators
UNFPA also recognizes that a rights-based approach should be founded on an
analysis of gender and social exclusion to ensure that programmes reach
marginal and vulnerable segments of the population, especially poor women
and young people.
FLAG HERALDIC CODE OF THE PHILIPPINES
R.A. No. 8491, or the Flag and Heraldic Code of the Philippines, “reverence
and respect shall at all times be accorded the flag, the anthem and other
national symbols which embody the national ideals and traditions and which
express the principles of sovereignty and national solidarity.”
R.A. No. 8491 states that the flag shall be displayed in all public buildings,
official residences, public plazas, and institutions of learning every day
throughout the year. The flag ceremony shall be simple and dignified and
shall include the playing or singing of the Philippine National Anthem, with
the assembly standing in formation facing the flag.
The moment the first note of the anthem is heard, everyone in the premises
shall come to attention and place their right palms over their chests; moving
vehicles shall stop; those with hats shall uncover; while those in military,
scouting, security guard, and citizens military training uniforms shall give
salute prescribed by their regulations.
Additionally, the law forbids any act or omission that mutilates, tramples, or
casts dishonor or ridicule upon the flag. Using the flag as tablecloth, drapery,
or covering for ceilings, statues, and other objects; displaying the flag under
any painting or picture or below any platform; as well as wearing the flag, in
whole or in part, as a costume or uniform, is not allowed. The law also
prohibits adding any word, figure, mark, design picture, advertisement,
drawing, or imprint of any nature on the flag.
Furthermore, R.A. No. 8491 also forbids printing, painting, or attaching
representations of the flag on handkerchiefs, napkins, cushions, and other
articles of merchandise or using and displaying the flag as part of any
advertisement or infomercial.
Per Presidential Proclamation No. 374 s. 1965, 28 May of every year is
declared as “National Flag Day” to commemorate the first unfurling of the
flag after the Philippine Revolutionary Army defeated the Spanish forces in
the Battle at Alapan, Imus, Cavite in 1898.
On 23 May 1994, Executive Order No. 179 was issued extending the period of
celebrating National Flag Day from 28 May to 12 June. During this period, all
offices, agencies, and instrumentalities of government, business
establishments, learning institutions, and private homes are encouraged to
proudly display the Philippine flag.
