On the

Constitution & the

Rights of People
LEARNING
OBJECTIVES
 Map out the context and rationale of
rule of law particularly of the
constitution under a democracy.
 Examineand apply the essential
elements of democracy.
 Critically
evaluate the democratic
status of the Philippines.
According to John Locke,
“The purpose of the Government and law is
to uphold and protect the natural rights of
men. So long as the Government fulfills this
purpose, the laws given by it are valid and
binding but, when it ceases to fulfill it, then
the laws would have no validity and the
Government can be thrown out of power.”

Locke believes that government or authority for

that matter only exists in so far as it safeguards
the natural rights of people - “life, liberty and
property.”
 Constitution: Setting the powers
and limitations of the government

 Inevery 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.
 Constitutionis one of the foundations of a
democracy, and this is the third feature with which
Larry Diamond talked about as the third essential
characteristic of a healthy democracy – the rule of
law.
 Constitution: Setting the powers
and limitations of the government

Constitution is defined as the

supreme law of the land.
 Itdefines 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
Evolution of Constitution of the
Republic of the Philippines
The Philippines has had
a total of six
constitutions since the
Proclamation of
Independence on June
12, 1898.
The iconic photograph of 1899 Malolos Congress: digitally
colored, based on written accounts and the restoration of
the Barasoian Church for the 1998 Centennial. President
Aguinaldo sits at the center, as a gentleman reads a
document to his left.
Evolution of Constitution of the
Republic of the Philippines
Evolution of Constitution of the
Republic of the Philippines

1986Freedom Constitution
Freedom Constitution
THE 1986 PROVISIONAL
"FREEDOM" CONSTITUTION
OF THE
REPUBLIC OF THE PHILIPPINES

PROCLAMATION NO. 3
DECLARING A NATIONAL POLICY TO IMPLEMENT THE REFORMS
MANDATED BY THE PEOPLE, PROTECTING THEIR BASIC RIGHTS,
ADOPTING A PROVISIONAL CONSTITUTION, AND PROVIDING FOR AN
ORDERLY TRANSITION TO A GOVERNMENT UNDER A NEW CONSTITUTION
.
 Features of 1987
Constitution
a) Reinstitution of a Democratic Government.
b) Separation of Church and State.
c) Sovereignty of the people.
d) Renunciation of war as a national policy.
e) Supremacy of Civilian authority over the
military.
f) Separation of Powers
 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
I
National Territory
Article II
of 1987 Constitution
DECLARATION OF
PRINCIPLES AND STATE
POLICIES
Section 1. The Philippines
is a democratic and
republican State.
Sovereignty resides in the
people and all government
authority emanates from
them.
Reiteration of the sovereignty of the
people not the government.
 As we have discussed, these
are the natural rights of
people and the constitution
clearly states that.

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 11. The
State values the
dignity of every
human person and
guarantees full
Article III of 1987 Constitution

respect for human

rights.
Repetition of the natural rights of people. An
example of this is that suspects in any given case
should be given the chance to be heard and NOT be
judged or not be jailed without proper hearing.
Section 6. The
separation of Church and
State shall be inviolable.

Our country is a secular state meaning that the Church

should have no influence on the decision-making of the
government.
Technically, religious bloc-voting violates this.
Article IV:
Citizenship
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 (CA 473)
 This means that the Philippines uses jus sanguinis as the basis for citizenship
 Jus Soli: Citizenship by place, like the US (intended there to grant African-
Americans citizenship) was used under the Malolos Constitution
 However, foreigners born in the Philippines can avail of an expedited process
(RA 9149)
 NOTE: Being Filipino has nothing to do with ethnicity, but citizenship
Article IV:
Citizenship
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.
 Foundlings are presumed to be natural-born citizens (ex. Grace
Poe)
 Only natural-born Citizens can run for national offices or be
appointed to the Supreme Court
Article IV:
Citizenship
How to become a Filipino Citizen:
 Naturalization through Court Proceedings (Immigrants and Refugees)
 Administrative Proceedings before a special committee (if born in the
Philippines)
 Act of Congress (mostly for imported athletes and other distinguished
foreigners)
Requirements (According to CA 473, doesn't apply to those naturalized by
Congress):
 At least aged 21
 Must know any Philippine language, English, or Spanish
 10-year residence (for integration purposes)
 If with kids, they must study in Philippine schools
 Article V: Suffrage
SECTION 1. Suffrage may be exercised by all
citizens of the Philippines not otherwise
disqualified by law, who are at least eighteen
years of age, and who shall have resided in the
Philippines for at least one year and in the place
wherein they propose to vote for at least six
months immediately preceding the election. No
literacy, property, or other substantive
requirement shall be imposed on the exercise of
→ Suffrage
suffrage. means the right to vote in an election.
Article IX: Constitutional
Commissions
SECTION 1. The Constitutional Commissions,
which shall be independent, are the Civil Service
Commission, the Commission on Elections, and
the Commission on Audit.
→ These commissions should be independent from the
three branches of government itself to ensure free and fair
elections by Commission on Elections; To oversee the
integrity of the government in manners of public
employment by Civil Service Commission; and audit,
review and examine the expenditures of the Philippine
government by Commission on Audit.
Article IX: Constitutional
Commissions
Article IX: Constitutional
Commissions
SECTION 2. No Member of a Constitutional
Commission shall, during his tenure, hold any other
office or employment. Neither shall he engage in the practice of any
profession or in the active management or control of any business which in any
way be affected by the functions of his office, nor shall he be financially
interested, directly or indirectly, in any contract with, or in any franchise or
privilege granted by the Government, any of its subdivisions, agencies, or
instrumentalities, including government-owned or controlled corporations or
their subsidiaries.
→ a set or procedures and rules are detailed in this section to create
an impartial independent body.

Republic Act No. 6713, otherwise known as the “Code of Conduct

and Ethical Standards for Public Officials and Employees”
Article X: Local Government
SECTION 1. The territorial and political subdivisions
of the Republic of the Philippines are the provinces,
cities, municipalities, and barangays. There shall be
autonomous regions in Muslim Mindanao and the
Cordilleras as hereinafter provided. (NOTE: The
Cordillera Autonomous Region has not yet been
created)
SECTION 2. The territorial and political subdivisions
shall enjoy local autonomy.

→ Establish the lower governments with their autonomy – powers and

limitations.
→ Autonomous Regions: Acknowledges the unique history of the
Bangsamoro and Cordilleras
Article XI: Accountability
of Public Officers
SECTION 1. Public office is a public trust. Public officers and
employees must at all times be accountable to the people,
serve them with utmost responsibility, integrity, loyalty, and
efficiency, act with patriotism and justice, and lead modest
lives.
→ 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
SECTION 2. The President, the Vice-President, the
Members of the Supreme Court, the Members of
the Constitutional Commissions, and the
Ombudsman may be removed from office, on
impeachment for, and conviction of, culpable
violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or
betrayal of public trust. All other public officers
and employees may be removed from office as
provided by law, but not by impeachment.
Article XI: Accountability
of Public Officers
SECTION 3. (1) The House of
Representatives shall have the exclusive
power to initiate all cases of
impeachment.
→ 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.
Article XI: Accountability
of Public Officers
SECTION 3 (6). The Senate shall have
the sole power to try and decide all cases
of impeachment.
→ Only the Senate can decide on all impeachment cases, and impeached
officials can only be removed from office and banned from any government
position for life (with a vote of at least 16 out of 24 Senators)
→ Normally, the Senate President presides over impeachment trials, but when
the accused is the president, the Chief Justice presides
Only impeachment 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
→ There of the subject
is a separate curricula.
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

XVIII Transitory Provisions

- Transition from the Freedom Constitution to
the 1987 Constitution
-Intended to lapse by 1995
Checks and balances
It is defined as the principle of government
under which separate branches are empowered
to prevent actions by other branches and are
induced to share power.
 Ifone branch sees that the other branch may be pursuing
policies or actions that is against the welfare of the people
and the constitution – each branch has the power to
counter this action from one another
 Downside: This can lead to gridlock, meaning nothing is
accomplished.
 According to United Nations, “human rights are
rights inherent to all human beings,
regardless of race, sex, nationality,
ethnicity, language, religion, or any
other status. Human rights include the
right to life and liberty, freedom from
slavery and torture, freedom of opinion
and expression, the right to work and
education, and many more. Everyone is
entitled to these rights, without
discrimination.”
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
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.
NOT APPLICABLE to private
institutions and individuals
 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
 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
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 Miranda Doctrine
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. Miranda Doctrine
• Placed to prevent a repeat of the
 (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
 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
 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