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Serves as the Supreme or Fundamental Law.- is the (a.) embody our ideals and aspirations;
charter creating the government. It has the status of
a supreme or fundamental law as it is speaks for the (b.) promote the common good;
entire people from whom it derives its claim to (c.) conserve and develop our patrimony; and
obedience.
Establishes basic framework and underlying principles (d.) secure to ourselves and our prosperity the blessing of
of government- It is primarily designed to preserve independence and democracy under the rule of law
and protect the rights of individuals against the and regime of truth, justice, freedom, love, equality, and
arbitrary actions of those in authority. Its function is not peace.
to legislate in detail but to set limits on the otherwise
unlimited power of the legislature. Changes in the Preamble
Constitution of the Republic of the Philippines 1.) The Preamble, Consisting of 75 words is one of the world’s
longest preambles. It has 15 words more than that of the
1.) The 1935 Constitution 1973 Constitution.
2.) The 1973 Constitution 2.) The phrase Almighty God replaced “Divine Providence” in
3.) The 1987 Constitution the 1935 and 1973 Constitution which was considered vague
and impersonal. The latter term was used in the 1973
PREAMBLE constitution as a compromise to accommodate some
atheist in the 1971 Constitutional Convention.
The term preamble is derived from the latin
3.) Other amendments are the insertion of the following phrases
“PREAMBULARE’’ which means “TO WALK BEFORE.’’ it the
and words:
introduction to the main subject. It is the prologue of the
(a) to build a just and humane society.
constitution.
(b) the rule of law
Belief in God stressed. (c) aspirations
(d) truth
Our preamble is in the form of a collective prayer. The (e) love
Filipinos are intensely religious people. In imploring the aid
Article Three
of Almighty God.
The Philippines is the only predominantly Christian and BILL OF RIGHTS
partly Muslim nation in Asia and East Pacific Region.
Defined as a declaration and enumeration of a person’s
National purposes and aims in adopting the Constitution. rights and privileges which the Constitution is designed to
protect against violations by the government, or by an
As set forth in the Preamble, they are: individual or groups of individuals. It is a charter of
liberties for the individual and a limitation upon the
(1.) To build a just and humane society; and power of the State.
Classes of Rights SECTION 1
1. NATURAL RIGHTS No person shall deprived of life, liberty, or property
without due process of law, nor shall any person be
rights possessed by every citizen without being granted by the denied the equal protection of the laws.
State for they are given to man by God.
DUE PROCESS – legal process
2. CONSTITUTIONAL RIGHTS
SECTION 2
rights which are conferred and protected by the Constitution. It
cannot be modified or taken away by the law-making body. The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable
3. STATUTORY RIGHTS
searches and seizures of whatever nature and for any
rights which are provided by laws promulgated by the law- purpose shall be inviolable, and no search warrant or
making body and, consequently, may be abolished by the warrant arrest shall issue except upon probable cause to
body. be determined personally by the judge after
4. POLITICAL RIGHTS examination under oath or affirmation of the
complainant and the witnesses he may produce, and
rights of the citizens which give them the power to participate, particularly describing the place to be searched and the
directly or indirectly, in the establishment or administration of the
persons or things to be seized.
government.
1. PROBABLE CAUSE
5. CIVIL RIGHTS is meant such facts and circumstances antecedent to
the issuance of a warrant sufficient in themselves to
rights which the law will enforce at the instance of private
induce a cautious man to rely upon them and act in
individuals for the purpose of securing to them the enjoyment of
their means of happiness. pursuance thereof.
2. SEARCH WARRANT
6. SOCIAL AND ECONOMIC RIGHTS is an order in writing, issued in the name of the People of
rights which are intended to insure the well-being and the Philippines, signed by a judge and directed to a
economic security of the individual. peace officer, commanding him to search for certain
personal property and bring it before the court.
7. RIGHTS OF THE ACCUSED
3. WARRANT OF ARREST
rights intended for the protection of a person accused of any is an order in writing, issued in the name of the People of
crime. the Philippines, signed by a judge and directed to a
peace officer, commanding him to arrest a person
designated to take him into custody in order that he may
be bound to answer for the commission of an offense.
When Search and Seizure may be made without warrant SECTION 4
1. Where there is consent or waiver No law shall be passed abridging the freedom of
2. Where search is an incident to lawful arrest speech, of expression, or of the press, or the right of the
3. In case of contraband or forfeited goods being transported people peaceably to assemble and petition the
by ship, automobile, or other vehicle, where the officer government for redress of grievances.
making it has reasonable cause for believing that the latter
Freedom of Speech and expression, and of the press
contains them, in view of the difficulty attendant to securing
a search warrant implies the right to freely utter and publish whatever one
4. Where, without a search, the possession of articles prohibited pleases without previous restraint, and to be protected
by law is disclosed to plain view or is open to eye and hand against any responsibility for so doing as long as it does
5. Exercise of police power such as inspection not violate the law, or injure someone’s character,
6. Routinary searches usually made at the border or at ports of reputation or business.
entry in the interest of national security and for the proper
enforcement of customs and immigration laws. Importance of the guarantee
When arrest may be made without warrant Promotes growth of the individual and the nation.
Makes possible, scrutiny of acts and conduct of public
SECTION 3 officials.
Insures a responsive and popular government.
The privacy of communication and correspondence shall
be inviolable except upon lawful order of the court, or Right of Assembly
when public safety or order requires otherwise as
means the right on the part of the citizens to meet
prescribed by law.
peaceably for consultation in respect to public affairs.
Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any purpose Right of Petition
in any proceeding.
means the right of any person or group of persons to
Right of privacy apply, without fear of penalty, to the appropriate branch
or office of the government for redress of grievances.
Defined as the right to be left alone. It has also been
defined as the right of a person to be free from undesired SECTION 5
publicity, or disclosure and as the right to live without
unwarranted interference by the public in matters with No law shall be made respecting an establishment of
which the public is not necessarily concerned. religion, or prohibiting the free exercise thereof. The free
exercise and enjoyment of religious profession and
Limitations on right worship, without discrimination or preference, shall
Upon lawful order of the court forever be allowed. No religious test shall be required for
When public safety or order requires otherwise as the exercise of civil or political rights.
prescribed by law
Religious Freedom The right embraces all public records;
It is limited to citizens only but is without prejudice to the
is the right of a man to worship God, and to entertain right of aliens to have access to records of cases where
such religious views as appeal to his individual they are litigants; and
conscience, without dictation or interference by any Its exercise is subject to such limitations as may be
person or power, civil or ecclesiastical. provided by law.
Religion SECTION 8
includes all forms of belief in the existence of superior The right of the people, including those employed in the
beings exercising power over human beings and public and private sectors, to form unions, associations,
imposing rules of conduct with future state of rewards or or societies for purposes not contrary to law shall not be
punishments. abridged.
SECTION 6 Right to form associations
The liberty of abode and of changing the same within is the freedom to organize or to be a member of any
the limits prescribed by law shall not be impaired except group or association, union, or society, and to adopt the
upon lawful order of the court. Neither shall the right to rules which the members judge most appropriate to
travel be impaired except in the interest of national achieve their purpose.
security, public safety, or public health, as may be
provided by law. SECTION 9
Liberty of abode and travel Private property shall not be taken for public use without
just compensation
is the right of a person to have his home in whatever
place chosen by him and thereafter to change it at will, (3 Great Powers of the Government)
and to go where he pleases, without interference from
any source. 1. Power of eminent domain
are the enforced proportional contributions from persons 6. The right to due process of law;
and property levied by the law making body of the State
by virtue of its sovereignty for the support of the 7. The right to presumption of innocence;
government and all public needs.
8. The right to be heard by himself and counsel;
SECTION 10
9. The right to be informed of the nature and cause of the
No law impairing the obligation of contracts shall be accusation against him;
passed.
10. The right to have a speedy, impartial, and public trial;
OBLIGATION OF CONTRACT
11. The right to meet the witnesses face to face;
is the law or duty which binds the parties to perform their
12. The right to have compulsory process to secure the
agreement according to its terms or intent, if it
attendance of witnesses and the production of evidence
(agreement) is not contrary to law, morals, good
in his behalf;
customs, public order, or public policy.
13. The right against self-incrimination;
Paragraph 2 Arraignment
No torture, force violence, threat, intimidation or any Is made in open court by the judge or clerk, and consists
means to the suspect. in furnishing the accused a copy of the complaint or
information with the list of witnesses, reading the same in
Paragraph 3 the language or dialect known to him and asking him
whether he pleads guilty or not guilty.
Kung aamin ka sa krimen na ibinibintang sayo dahil
tinorture ka hindi ito magiging valid Speedy Trial
Paragraph 4 Means one that can be had as soon as possible, after a
person is indicted and within such time as the
Pwede mong kasuhan yung nanngtorture sayo prosecution, with the reasonable diligence, could
Humingi ng danyos prepare it.
Kailangan ng dokemento tulad ng medikalohikal para sa Conducted according to fix rules, regulations and
ebidensysa proceedings of law free from vexatious and etc.
Impartial Trial SECTION 17
Implies an absence of actual bias in the trial of cases.
THE RIGHT AGAINST SELF-INCRIMINATION
Public Trial No person shall be compelled to be a witness against
Means open to all, as that of the accused’s friends and himself.
relatives and other who may be inclined to watch the This forbids the government from compelling any person
proceedings in order to see if justice is intelligently and to give testimonial evidence that would likely incriminate
impartially administered. him or her during a criminal case.
The right allows a person not to answer an incriminating
Right to confrontation of witness question. An incriminating question is one that if
Cross-examination of witnesses by the accused answered renders a person liable for an offense.
Assessment by the court of witness’ credibility However, it is only when the incriminating question is put
to a witness stand that the right may be invoked.
SECTION 15
SECTION 18
The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion, when EMBODIMENT OF FREEDOM OF EXPRESSION
the public safety requires it.
Paragraph 1
Habeas corpus is a latin phrase that literally means
“PRODUCE THE BODY” No person shall be detained solely by reason of his
political beliefs and aspirations.
Habeas Corpus
This first part reflects Section 4 of Article III, but with
Habeas corpus is one of the most important checks on emphasis on the prohibition against incarceration of
state power that citizens of many democracies currently “political prisoners”.
have. Without habeas corpus, the government would
Paragraph 2
essentially have the right to imprison citizens without
charging them or bringing them to trial for indefinite No involuntary servitude in any form shall exist except as
periods of time. a punishment for a crime whereof the party shall have
been duly convicted.
SECTION 16
Involuntary servitude refers to the compulsory of service
THE RIGHT TO A SPEEDY TRIAL of another or simply modern slavery.
All persons shall have the right to a speedy disposition of
their cases before all judicial, quasi-judicial, or
SECTION 19
administrative bodies. Paragraph 1
The guarantee of a speedy trial is one of the most basic
rights preserved by our Constitution. Excessive fines shall not be imposed, nor cruel, degrading
“Justice delayed is justice denied.” or inhuman punishment inflicted. Neither shall death
penalty be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides SECTION 22
for it. Any death penalty already imposed shall be
reduced to reclusion perpetua. EX POST FACTO LAW
No ex post facto law or bill of attainder shall enacted.
1. Republic Act No. 8177 by Ferdinand Marcos ‘Ex post facto’ is latin translation to “from action after” or
2. Article 3. Sec. 19 (1) by Cory Aquino “after the facts”.
3. Republic Act No. 7569 by Fidel V. Ramos It is when a certain crime is committed, and then the law
4. Republic Act No. 9346 by Gloria Macapagal Arroyo is passed regarding that crime.
Paragraph 2
SECTION 20
JUST CAN’T ‘DEBT’ ENOUGH
No person shall be imprisoned for debt or non-payment
of a poll tax.
A citizen cannot be imprisoned for debt. But creditors
can still bring you to court to demand and enforce
payment of your debts.
SECTION 21
THE RIGHT AGAINST DOUBLE JEOPARDY
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.
Double jeopardy means that a person is twice put at the
risk of conviction for the same act offense.