PHILIPPINE GOVERNMENT AND CONSTITUTION

ARTICLE I – THE NATIONAL TERRITORY

The national territory of the Philippines comprises:

1. The Philippine archipelago

2. With all the islands and waters embraced therein
3. And all other territories over which the Philippines has sovereignty or
jurisdiction
4. Consisting of its
a. Fluvial CODE: FAT
b. Aerial domains
c. Terrestrial
5. Including its
a. Seabed
b. Insular shelves
c. Subsoil
d. Other submarine areas CODE: SISOT
e. Territorial sea
6. The waters
a. Around
b. Between and
c. Connecting
The Islands of the archipelago CODE: ABC
Regardless of their breadth and dimensions
Form part of the INTERNAL WATERS of the Philippines

Archipelagic principle

Two elements:
1. The definition of internal waters (as provided above);
2. The straight baseline method of delineating the territorial sea – consists of
drawing straight lines connecting appropriate points on the coast without
departing to any appreciable extent from the general direction of the coast.

Important distances with respect to the waters around the Philippines

1. Territorial sea - 12 nautical miles (n.m.)

2. Contiguous zone - 12 n.m. from the edge of the territorial sea
3. Exclusive economic zone - 200 n.m. from the baseline [includes (1) and (2)]

ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES

SEC 1. The Philippines is a democratic and republican State. Sovereignty resides

in the people and all government authority emanates from them.

Elements of a State CODE: PTSG

1. A community of persons, more or less numerous (PEOPLE)

2. Permanently occupying a definite portion of territory (TERRITORY)
3. Independent of external control (SOVEREIGNTY)
4. Possessing an organized government to which the great body of inhabitants render
habitual obedience (GOVERNMENT)
 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.

Aspects of “Due Process”:

1. Procedural due process – refers to the mode of procedure which government

agencies must follow in the enforcement and application of laws.
2. Substantive due process – prohibition against arbitrary laws.

Requisites of PROCEDURAL due process:

For JUDICIAL proceedings: CODE: C J O N H

1. A court or tribunal clothed with judicial power to hear and determine

the matter before it.
2. Jurisdiction must be lawfully acquired over the person of the
defendant or over the property which is the subject of the
proceedings.
3. The defendant must be given notice and an opportunity to be heard.
4. Judgment must be rendered upon a lawful hearing.

(FYI only)
1. The school has a contractual obligation to afford its students a fair opportunity
to complete the course a student has enrolled for.
2. Exceptions:
3. Serious breach of discipline; or
4. Failure to maintain the required academic standard.
5. Proceedings in student disciplinary cases may be summary; cross-
examination is not essential

Requisites of SUBSTANTIVE due process:

1. The INTERESTS of the public generally, as distinguished from those of a

particular class, requires the interference by the government and
2. The MEANS employed are necessary for the accomplishment of the purpose
and not unduly oppressive upon individuals.

Equal Protection of the law

The equality that it guarantees is legal equality or the equality of all persons before the
law. It does not demand absolute equality. It merely requires that all persons shall be
treated alike, under like circumstances and conditions both as to privileges conferred
and liabilities enforced.

Requisites for valid classification for purposes of the equal protection clause

There is valid classification if : CODE: SEGE

1. The is SUBSTANTIAL DISTINCTIONS

2. NOT LIMITED TO EXISTING CONDITIONS only
3. Be GERMANE to the purposes of the law
4. APPLY EQUALLY to all members of the SAME CLASS.

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
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
person or things to be seized.

General Rule: Search and seizures are unreasonable UNLESS authorized by a validly
issued search warrant or warrant of arrest

Requisites for a valid warrant: CODE: P J E D

1. It must be issued upon PROBABLE CAUSE.

2. The existence of probable cause is determined personally by the Judge.
3. The judge must EXAMINE UNDER OATH the complainant and the witnesses
he may produce.
4. The warrant must PARTICULARLY DESCRIBE the place to be searched and
person or things to be seized.

VALID WARRANTLESS SEARCH CODE: COPS SWIM

1. Search made as an incident to lawful arrest

The search must be made simultaneously with the arrest and it may only be
made in the area within the reach of the person arrested

2. Search of moving vehicles

The search of a moving vehicle must be based on probable cause.

3. Seizure of goods concealed to avoid customs authorities

Include searches at borders and seaports of entry.

4. Seizure of evidence in plain view

The articles must be open to the eye and hand AND the peace officer must be in
right place and time without any intervention on his part.

5. Waiver of right
6. Ocular inspections during checkpoints
7. Sanitary inspections
8. Stop and Frisk with probable cause

VALID WARRANTLESS ARRESTS CODE: IHF

1. When the person to be arrested has committed, is actually committing, or is about to

commit an offense in the presence of the arresting officer. (In flagrante delicto)

2. When an offense has in fact just been committed and the arresting officer has
personal knowledge of facts indicating that the person to be arrested has committed
it. (Hot Pursuit)

3. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another. (Fugitive)
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 proceedings.

Types of communication protected:

Letters, messages, telephone calls, telegrams and the like.

Exclusionary rule:

Any evidence obtained 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 of the right of the people peaceably to assemble
and petition the government for redress of grievances.

Prohibitions

1. Prohibition against PRIOR RESTRAINT

2. Prohibition against SUBSEQUENT PUNISHMENT

Prior restraint means official governmental restrictions on the press or other forms of
expression in advance of actual publication or dissemination.

Freedom of Speech

The doctrine on freedom of speech was formulated primarily for the protection of
“core” speech, i.e. speech which communicates political, social or religious ideas. These
enjoy the same degree of protection.

Rules on assembly in public places:

i. Applicant should inform the licensing authority of the date, the public
place where and the time when the assembly will take place.

ii. The application should be filed ahead of time to enable the public official
concerned to appraise whether there are valid objections to the grant of
the permit or to its grant, but in another public place.

iii. If the public authority is of the view that there is an imminent and grave
danger of a substantive evil, the applicants must be heard on the matter.

iv. The decision of the public authority, whether favorable or adverse, must
be transmitted to the applicants at the earliest opportunity so that they
may, if they so desire, have recourse to the proper judicial authority.

Rules on assembly in private properties:

Only the consent of the owner of the property or person entitled to possession
thereof is required.
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.

While the freedom to believe (non-establishment) is absolute, the moment such belief
flows over into action (meaning: you already made actions based on your belief), it
becomes subject to government regulation.

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.

Rights guaranteed

1. Freedom to choose and change one’s place of abode.

2. Freedom to travel within the country and outside.

Curtailment of rights:

RIGHT MANNER OF CURTAILMENT

1. Liberty of abode Lawful order of the court and within the limits
prescribed by law.

2. Right to travel May be curtailed even by administrative officers

(ex. passport officers) 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.

Rights guaranteed under Section 7

1. Right to information on matters of public concern

2. Right of access to official records and documents

Persons entitled to the above rights: Only Filipino citizens.

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.

The right to form associations shall not be impaired without due process of law
and is thus an aspect of the right of liberty. It is also an aspect of the freedom of
contract.

In addition, insofar as the associations may have for their object the
advancement of beliefs and ideas, the freedom of association is an aspect of the
freedom of speech and expression, subject to the same limitation.
Section 9. Private property shall not be taken for public use without just
compensation.

Who can exercise the power of eminent domain:

1) The national government

2) Local government units, pursuant to an ordinance enacted by their respective

legislative bodies

3) Public utilities

Elements of the power of eminent domain

1) There is a TAKING of private property

2) Taking is for PUBLIC USE

3) Payment of JUST COMPENSATION

ATTY. ANGELO CASTRO DE ALBAN

University of Santo Tomas
August 2010