1987 Philippine

Constitution
GERONIMO ANTONIO B. SINGSON,
BFA, MBA, LLB, CRB, CIU, MPA
 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.
 CONCEPT OF THE
STATE
 ELEMENTS

People
Government
Territory
Sovereignty
NATIONAL TERRITORY
 The national territory comprises the Philippine archipelago, with
all the islands and waters embraced therein, and all other
territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and aerial
domains, including its territorial sea, the seabed, the subsoil, the
insular shelves, and other submarine areas. The waters around,
between, and connecting the islands of the archipelago,
regardless of their breadth and dimensions, form part of the
internal waters of the Philippines.
 Art. I, Phil. Constitution
 The definition in Art. 1 covers:
 1. Those cede to the US by virtue of the Treaty of Paris of Dec.
10, 1898;
 2. Those defined in the treaty concluded between the US
and Spain on Nov. 7, 1990, which were not defined in the
Treaty of Paris, specifically the islands of Cagayan, Sulu and
Sibuto.
 3. Those defined in the treaty concluded on Jan. 2, 1930,
between the US and GB specifically the Turtle and Mangsee
islands.
 4. The island of Batanes, which was covered under a general
statement in the 1935 Constitution.
 Those contemplated in the phrase “belonging to the Phils. By
historic right or legal title” in the 1973 Constitution.
 Scarborough shoal
 Spratly islands
 Palmas or Miangas Island
 Benham Rise
 Sabah
DOCTRINE OF STATE
IMMUNITY
The State
may not be
sued without
its consent
Sec. 3, Art. XVI
 DECLARATION
OF
PRINCIPLES
AND
STATE POLICIES
 The Philippines is a
Section 1.

DEMOCRATIC and
REPUBLICAN State.
SOVEREIGNTY resides in
the people and all government
authority emanates from them.
 The Philippines
Section 2.

RENOUNCES WAR as an
instrument of national policy,
adopts the generally accepted
principles of international law as
part of the law of the land and
adheres to the policy of peace,
equality, justice, freedom,
cooperation, and amity with all
nations.
 CIVILIAN
Section 3.

AUTHORITY is, at all

times, SUPREME over the
military. The AFP is the
protector of the people and
the State. Its goal is to
secure the sovereignty of the
State and the integrity of the
national territory
 The separation of
Section 6.

Church and State

shall be inviolable.
 STATE POLICIES
 The State shall pursue an
Section 7.

INDEPENDENT FOREIGN
POLICY. In its relations with other
states, the paramount
consideration shall be national
sovereignty, territorial integrity,
national interest, and the right to
self-determination.
 The State shall promote a
Section 9.

just and dynamic social order that

will ensure the prosperity and
independence of the nation and
free the people from poverty
through policies that provide
adequate social services, promote
full employment, a rising standard
of living, and an improved quality of
life for all.
 The State shall
Section 10.

promote SOCIAL
JUSTICE in all phases
of national
development.
 Section 12. The State recognizes the SANCTITY OF
FAMILY LIFE and shall protect and strengthen the family as a
basic autonomous social institution. It shall equally protect the
life of the mother and the life of the unborn from conception.
 The natural and primary right and duty of parents in the rearing of
the youth for civic efficiency and the development of moral
character shall receive the support of the Government
 The State shall protect
Section 16.

and advance the right of the

people to a balanced and
healthful ecology in accord with
the rhythm and harmony of
nature.
 The State shall
Section 21.

promote comprehensive
rural development and
AGRARIAN REFORM.
 The State shall
Section 25.

ensure the
AUTONOMY of local
governments.
 Sec. 26
The State shall guarantee
equal access to
opportunities for public
service, and PROHIBIT
POLITICAL
DYNASTIES as may be
defined by law.
 Sec.27
The State shall maintain
honesty and integrity in
the public service and
take positive and
effective measures
against graft and
corruption.
 CITIZENSHIP
The following are citizens of the Phils.:
1. Those who are citizens of the Phils. at the time of the
adoption of this Constitution;
2. Those whose fathers or mothers are citizens of the
Philippines;
3. THOSE BORN BEFORE JAN. 17, 1973, OF FIL.
MOTHERS, WHO ELECT PHIL. CITIZENSHIP UPON
REACHING THE AG OF MAJORITY; and
4. Those who are naturalized in accordance with law.
 SUFFRAGE
isthe political right
and obligation of the
citizens to vote in
public elections of
candidates for public
office.
 TYPES OF
SUFFRAGE
ELECTION
INITIATIVE
RECALL
PLEBISCITE
REFERENDUM
 ELECTION
Election is the
selection of a public
official by the citizens
of a state, or other
political bodies.
 INITIATIVE
Initiative is the right of
citizens to propose bills
to be enacted by the
legislature on which
electors may vote.
 RECALL
Recall is a method of
removing a public
official from office by
submitting to a popular
vote the issue of whether
the official should either
continue in office or not.
 PLEBISCITE
 Plebiscite
is a popular vote
of the people for or
against a proposed law or
enactment for their
judgments such as the
submission of an
amendment or revision of
the constitution.
REFERENDUM
 Referendum passes on to the
voters the legislative acts for their
final approval or rejection. A
referendum limits the legislature’s
power by reserving for the
elector citizens of a country for
their ratification or rejection an
important public question or of a
law enacted by the national or
local legislative body.
QUALIFICATIONS
The qualification requisites for suffrage are:
 (1) citizenship,
 (2) age,
 (3) residence,
 (4) a registered voter, and
 (5) not disqualified by law.
 The Commission on Elections is one of the constitutional
bodies with the duty of administering electoral laws
relative to the use of one’s voting rights.
LEGISLATIVE
DEPARTMENT
The Legislative Department

 The legislative power shall be

vested in the Congress of the
Philippines which shall
consist of a Senate and a
House of Representatives,
except to the extent reserved
to the people by the provision
on initiative and referendum.
 Sec 1, Art VI.
The Legislative Department
 Other non-legislative powers of Congress:

1. Canvass of the presidential

elections;
2. Declaration of the existence of a
state of war;
3. Confirmation of amnesties &
presidential appointments;
4. Impeachment.
The SENATE

 Sec. 2 Art VI states that “the Senate shall be

composed of 24 Senators who shall be elected at
large by the qualified voters of the Philippines, as
may be provided by law.”
 QUALIFICATIONS
 1. Natural born citizen
 2. 35 years old and above on the day of elections
 3. Able to read and write
 4. A registered voter
 5. Resident of the Phils. for not less than 2 years
immediately preceding the day of the elections
 The SENATE
 Term of Office – 6 years
No Senator shall serve for more
than 2 consecutive terms. Voluntary
renunciation of the office for any length of time
shall not be considered as an interruption in
the continuity of his service for the full term for
which he was elected.
 The House of
Representative
of Representatives –
 House
250 members, unless otherwise fixed by
law, who shall be elected from legislative districts
apportioned among the provinces, cities and the
Metro Manila area in accordance with the
number their respective inhabitants, and on the
basis of a uniform and progressive ratio, and those
who, as provided by law, shall be elected through
a party-list system of registered
national, regional and sectoral parties or
organizations.
 The House of
Representative
 13 Regions
 200 Districts
 The Party-list Representative
 The Party-list Representatives shall constitute 20% of
the total membership of the body, including such
representatives.
 The House of
Representative
 The following sectors shall include the party list

 Labor, Peasant, Fisher-folk

 Urban poor
 Indigenous cultural communities
 Elderly handicapped
 Women, Youth
 Veterans, Overseas workers
 Professionals
 Note: Religious sects, Foreign Orgs., & those advocating violence or
unlawful means are disqualified.
 The House of
Representative
 Qualifications
 Natural born citizen of the Philippines
 At least 25 years old on the day of election
 Able to read and write
 A registered voter in the district (Except party-list
representative
 A resident for a period of not less than one year
immediately preceding the day of the election.
 The House of
Representative
Term
3 years (June 30)
3 consecutive terms
 THE HOUSE OF
REPRESENTATIVE
 PARLIAMENTARY IMMUNITIES:
 1. PRIVILEGE FROM ARREST
 The scope of immunity covers not only civil arrests but also arrests
for criminal offenses punishable by not more than 6 years
imprisonment. Immunity applies only while the Congress is in
session.
 2. PRIVILEGE OF SPEECH AND DEBATE
 2 requisites:
 1. the remarks must be made while the legislature or legislative
committee is functioning
 It must be made in connection with the discharge of official duties.
 LEGISLATIVE
POWER
 The power of lawmaking, the
framing and enactment of
laws. This is effected through the
adoption of a bill, or a proposed law,
which, once approved, becomes a
statute.
 R.A. (statute) is “the written will of the legislature,
solemnly expressed according to the forms necessary
to constitute the law of the state.”
 The power to make laws include the power to alter or
repeal them.
 LEGISLATIVE
POWER
 Procedure in making a BILL
 Origin of Bills – House of Representative

1. Appropriation bill

2. Revenue bill
3. Bill increasing public debt
4. Bill of local application
5. Private bills
 LEGISLATIVE
POWER
 Prohibited Measures:

 Impair the doctrine of separation of powers;

 Appointment of elective officials;
 Enactment of ex post facto laws
 Bill of attainder;
 Laws impairing the OB and Contracts;
 A law granting a title of Royalty or Nobility;
 Etc.
 LEGISLATIVE
 POWER
Approval of Bills

When the President SIGNS IT;

When the President vetoes it but
veto is overridden by 2/3 VOTE of
all the members of each House;
and
When the President does not act
upon the measure within 30 days
after it shall have been presented
to him.
 LEGISLATIVE
POWER
 Legislative Inquiries:
 The Senate or the H.R. or any of its
respective committees MAY
CONDUCT INQUIRIES IN
AID OF LEGISLATION in
accordance with its duly published
rules of procedure. The rights of
persons appearing in or affected by
such inquiries shall be respected.
 The
EXECUTIVE
Department
 PRESIDENT
 The EXECUTIVE POWER shall be vested in the President of
the Philippines
 Art. VII, Sec. 1, 1987 Phil. Constitution

Executive power is the power to

enforce and administer the
laws.
The President assumes a plenitude
of authority, and the
corresponding awesome
responsibility, that makes him,
indeed, the most influential person
in the land.
 PRESIDENT
 QUALIFICATIONS:
Natural-born citizen of the Phils.
Registered voter
Able to read and write
At least 40 years of age at the day of
election
Resident of the Phils. for at least 10
years
 PRESIDENT
 TERM:
 The PRES. and the VP shall be elected by direct vote of the
people for a term of 6 years which shall begin at noon
on the 30th day of June next following the day of
election and shall end at noon of the same date 6
years thereafter.
 The President shall not be eligible for any re-election. No
person who has succeeded as President and has
served as such for more than 4 years shall be
qualified for election to the same office at any
time.
 VICE-PRESIDENT
 Same qualifications and term of office
as that of the President.
 May be appointed as Member of the Cabinet. Such
appointment requires no confirmation.
 No VP shall serve for more than 2 consecutive terms. Voluntary
renunciation of the office for any length of time shall not be
considered as an interruption in the continuity of the service for
the full term for which he was elected.
Presidential Succession
DEATH;
PERMANENT DISABILITY;
REMOVAL FROM OFFICE;
RESIGNATION.
 Failure to elect the President (as where the canvass of the presidential
election has not been held.)
 Failure of the President-elect to qualify, i.e., to assume his office by taking
the oath and entering into the discharge of his duties.
 POWERS OF THE

PRESIDENT
The APPOINTING Power
 The REMOVAL Power
 The CONTROL Power
 The MILITARY Power
 The PARDONING Power
 The BORROWING Power
 The DIPLOMATIC Power
 The BUDGETARY Power
 The INFORMING Power
 RESIDUAL Powers
 THE APPOINTING
POWER
 Appointment is the selection, by the authority vested with the
power, of an individual who is to exercise the functions of a given
office.
 6 categories of officials who are subject to the appointing power
of the President.
 1. The heads of the executive departments
 2. Ambassadors, other public ministers and consuls
 3. Officers of the AFP from the rank of colonel and naval captain
 4. Those other officers whose appointment are vested in him by the
Constitution
 5. All other officers of the government whose appointments are not
provided for by law.
 6. Those whom he may be authorized by law to appoint.
 THE REMOVAL
POWER
 From the express power of appointment, the Pres. derives the
implied power of removal. However it is not correct
to say that all officials appointed by him are
also removable by him since the Constitution
prescribes certain methods for the
separation from the public service of some
such officers.
 E.g. The members of the SC, Ombudsman and the Constitutional
Commissions although appointed by the President, may be
removed only by impeachment.
 Judges of inferior courts appointed by the President, are subject
to the disciplinary authority of, and may be removed only by, the
SC.
 THE CONTROL
POWER
 Control is the power of an officer to alter or modify or nullify or
set aside what a subordinate officer had done in the
performance of his duties and to substitute the judgement of the
former for that of the latter.
 It includes the authority to order the doing of an act by a
subordinate or to undo such act or to assume a power
directly vested in him by law.
 Control is a stronger power than mere supervision.
MILITARY POWER

“CIVILIAN AUTHORITY IS,

AT ALL TIMES, SUPREME
OVER THE MILITARY.’’ - Article
II, Section 3
 By making the President the commander-in-chief of all the
armed forces, the Constitution lessens the danger of a military
take-over of the government in violation of its republican
nature.
MILITARY POWER
 (1)Command of the Armed Forces

 The ‘’power of the sword’’ makes the President the

most important figure in the country in times of war or other
similar emergency.
 The Military Power enables the President to:

Command all the AFP

Suspend the privilege of the writ of
habeas corpus
Declare martial law
MILITARY POWER
 (2)Habeas Corpus
 To the President is entrusted the power to SUSPEND the
privilege of the writ of habeas corpus. However, this
power is not without limitations and may be
revoked by the Congress or the Supreme Court
in proper cases.
 The aforecited provision must be read with Article III, Section
15, stating as follows:
 “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.”
MILITARY POWER

 (3)Martial Law
 “The law by which military rule governs because of a
perceived need for military security or public safety,
instead of civil authority.”
 “that the military powers have been called upon by
the executive to assist him in the maintenance of law
and order and that while the emergency lasts, they
must, upon pain of arrest and punishment, not commit
any act which will in any way render difficult the
restoration of order and the enforcement of law.”
MILITARY POWER
 Limitations

1. The President may call out the armed

forces when it becomes necessary to
prevent or suppress lawless violence,
invasion or rebellion only.
2. The grounds for the suspension of the
privilege of the writ of habeas corpus
and the proclamation of martial law are
now limited only to invasion or rebellion,
when the public safely requires it.
 THE PARDONING
POWER
 Sec. 19. Except in cases of
impeachment, or as otherwise
provided in this Constitution, the
President may grant REPRIEVES,
COMMUTATIONS, and PARDONS,
and remit fines and forfeitures, after
conviction by final judgement.
 He shall also have the power to
grant AMNESTY with the
concurrence of a majority of all the
Members of the Congress.
THE PARDONING
POWER
 PARDON is an act of grace which
exempts the individual on whom it is
bestowed from the punishment which the
law inflicts for the crime he has
committed.
 COMMUTATION is a reduction or
mitigation of the penalty;
 REPRIEVE is a postponement of a
sentence to a date certain, or a stay of
execution.
 AMNESTY is a pardon extended by the
government to a group or class of persons,
usually for a political offense.
 THE BORROWING
POWER
 The President may contract or
guarantee foreign loans on behalf
of the Republic of the Philippines
with the prior concurrence of the
Monetary Board, and subject to
such limitations as may be
provided by law.
 Sec. 20. Art. VII, Phil. Constitution
 THE DIPLOMATIC
POWER
 The President may deal with foreign
states and governments, extend or
withhold recognition, maintain diplomatic
relations, enter into treaties, and
otherwise transact the business of
foreign relations.
 No treaty or international agreement
shall be valid and effective unless
concurred in by at least two-thirds of
all the Members of the Senate.
 Sec. 21, Art. VII, 1987 Phil. Constitution
 THE BUDGETARY
POWER
 The President shall submit to the
Congress within 30 days from the
opening of every regular session,
as the basis of the general
appropriations bill, a budget of
expenditures and sources of
financing, including receipts from
existing and proposed revenue
measures.
 Sec. 22, Art. VII,1987 Phil. Constitution
 THE INFORMING
POWER
 ThePresident shall address the
Congress at the opening of its
regular session. He may also
appear before it at any other time.
 Sec. 23, Art. VII. 1987 Phil. Constitution
RESIDUAL POWERS

 Elsewhere in the Constitution, the

President is vested with the
power to call the Congress to
special session, to approved or
veto bills, to consent to the
deputization of government
personnel by the Commission on
Elections, to discipline its
deputies, and by delegation, to
exercise emergency and tariff
powers.
 THE
JUDICIAL
DEPARTMENT
 JUDICIAL
DEPARTMENT
JUDICIAL POWER
 Judicial power shall be vested in one SC and in such lower
courts as may be established by law.
 “Judicial power includes the duty of courts of justice to settle actual
controversies involving rights which are legally demandable and
enforceable, and to determine whether or not there has been grave
abuse of discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the Government.”
 Sec. 1, Art. VIII, 1987 Phil. Constitution
 JUDICIAL
DEPARTMENT
 The different lower courts under the Judiciary
Reorganization Law are the following:
 CA
 RTC
 MTC
 MCTC
 Court of Tax Appeals (CTA)
 Sandiganbayan
 Sharia courts for the Muslims.
 Together with the SC, the aforementioned tribunals make up
the judicial department of our government.
 JUDICIAL
DEPARTMENT
 QUALIFICATIONS
 Everymember of the judiciary must
“be a person of proven
competence, integrity, probity,
and independence.” This general
qualification is intended to improve
the quality of the judiciary by
admitting thereto only deserving
persons who can dispense justice
wisely and impartially.
 JUDICIAL DEPARTMENT
 QUALIFICATIONS
 The specific qualifications for the collegiate courts are laid
down by the following provision:
 “No person shall be appointed Member of the SC or any
lower collegiate court unless he is a natural-born citizen of
the Philippines. A member of the Supreme Court must be at
least 40 y/o, and must have been 15 years or more as a judge
of a lower court or engaged in the practice of law in the
Philippines.”
 Sec. 7, Art. VIII, 1987 Phil. Constitution
 JUDICIAL
DEPARTMENT
 THE JUDICIAL AND BAR COUNCIL
 It is the council that screens judicial appointments
 A JBC is hereby created under the supervision of the SC
composed of the CJ, as ex officio Chairman, the Sec. of
Justice and a representative of the Congress as ex officio
Members, a representative of the IBP, a professor of law, a
retired Member of the SC, and a representative of the
private sector.
 Sec. 8, Art. VIII, 1987 Phil. Constitution
 JUDICIAL
DEPARTMENT
 The SC shall be composed of a CJ and 14 Associate
Justices. It may sit en banc or in its discretion, in
divisions of 3, 5, or 7 Members. Any vacancy shall be
filled within ninety days from the occurrence thereof.
 Sec. 4 (4) Art. VIII, 1987 Phil. Constitution
 JUDICIAL
DEPARTMENT
 Judicial Inquiry
 Requisites :
 There must be an actual case or controversy;
 The question of constitutionality must be raised by the proper party;
 It must be raised at the earliest possible opportunity; and
 The decision of the constitutional question must be necessary to
the determination of the case itself.
 JUDICIAL

DEPARTMENT
Powers of the SC:
 Appellate Court
 Rule making
 Original Jurisdiction
 On cases affecting ambassador, other public ministers, and
consuls, and over petitions for certiorari, prohibition, mandamus,
qou warranto, and habeas corpus.”
 Under international law, diplomats, and even consuls to a lesser
extent, are not subject to the jurisdiction of the courts of the
receiving State, save in certain cases, as when immunity is
waived either expressly or impliedly. In such instances, the SC can
and probably should take cognizance of the litigation in view of
possible international repercussions.
 Sec. 5, VIII, 1987 Phil. Constitution
 JUDICIAL
DEPARTMENT
 Tenure of Judges
 The Members of the SC and judges of lower courts
shall hold office during good behavior until they
reach the age of 70 years or become
incapacitated to discharge the duties of their
office.
 The SC en banc shall have the power to discipline
judges of lower courts, or order their dismissal by a
vote of majority of the members who actually took
parts in the deliberations on the issue in the case
and voted thereon.
 Sec. 11, Art. VIII, 1987 Phil. Constitution
 The
CONSTITUTIONAL
COMMISSIONS
CSC
COMELEC
CoA
CHR
 CIVIL SERVICE
 COMMISSION
OBJECTIVES
 Is the central personnel agency of the Government,
 It shall adopt measures to promote morale, efficiency,
integrity, responsiveness, and courtesy in the civil service.
 It shall strengthen the merit and rewards system, integrate all
human resources development for all levels and ranks
 It shall institutionalized a management climate conducive to
public accountability
 Sec 3, Art. IX-B, 1987 Phil. Constitution
 Civil Service
Commission
 Scope of the Civil Service
 The civil service embraces all branches, subdivisions,
instrumentalities, and agencies of the Government, including
GOCCs with original charters.
 Positions are either classified as:

CAREER SERVICE
NON-CAREER SERVICE
 Civil Service
Commission
 Career service is characterized by:

 1. Entrance based on merit and

fitness to be determined as far as
practicable by competitive
examinations, or based on highly
technical qualifications;
 2. Opportunity for advancement to
higher career positions; and
 3. Security of tenure.
 Civil Service
Commission
 CAREER SERVICE INCLUDES:
 Open (examination is required)
 Closed (scientific or highly technical in
nature)
 Positions in the CES
 Career officers (FSO)
 Commissioned officers and enlisted men
 Personnel of GOCCs
 Permanent laborers
 Civil Service
Commission
 NON-CAREER SERVICE
 Elective Officials
 Department heads and other
officials of cabinet rank
 Chairmen and members of
commissions and boards with fixed
terms
 Contractual personnel
 Emergency and seasonal personnel
 Civil Service

Commission
Appointments in the civil service may either be:
 PERMANENT – issued to a person who meets all the
requirements for the position to which he is being appointed
 TEMPORARY – issued to a person who meets all the
requirements for the position to which he is being appointed
except the appropriate civil service eligibility, provided such
appointment shall not exceed 12 months
 Civil Service
Commission
 EXCEPTIONS
 POLICY DETERMINING
 PRIMARILY CONFIDENTIAL
 HIGHLY TECHNICAL POSITIONS
COMMISSION
ON
ELECTIONS
 Commission on Elections

Purpose:
To be a more effective
instrument in maintaining
the secrecy and sanctity of
the ballot as the concrete
expression of the will of the
sovereign people.
Commission on Elections
 Powers and Functions:
Enforcement of Election Laws
Decision of Election Contests
Decision of Administrative Questions
Deputization of Law-Enforcement
Agencies
Registration of Political Parties
Improvement of Elections
COMMISSION
ON

AUDIT
 Commission on Audit
 Powers and Functions:
 It shall have the power, authority, and duty to examine, audit,
and settle all accounts pertaining to the revenue and
receipts of, and expenditures or uses of funds and property,
owned or held in trust by or pertaining to, the government, or
any of its subdivisions, agencies, or instrumentalities, including
GOCCs with original charters and on a post audit basis.
 Accountability of Public
Officers
 “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.”
 Sec. 1. Art. XI, 1987 Phil.
Constitution
Accountability of Public
Officers
 IMPEACHABLE OFFICERS:
President
Vice-President
Members of the S.C.
Members of the Constitutional
Commissions
Ombudsman
 Justices of the Sandigan Bayan (PD 1606)
 Sec. 2, Art. XI, 1987 Phil. Constitution
 Accountability of Public
Officers
Grounds for Impeachment:
Culpable violation of the Const.
Treason
Bribery
Other high crimes
Graft and corruption
Betrayal of public trust
 BILL
OF
RIGHTS
 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.
 Due process is the guaranty against any arbitrariness on the part
of the government. If the law itself unreasonably deprives a
person of his life , or his liberty or his property, he is denied the
protection of due process.
BILL OF RIGHTS
EQUALPROTECTION
CLAUSE:
Equal protection simply requires
that all persons or things similarly
situated should be treated alike,
both as to rights conferred and
responsibilities imposed.
 BILL OF RIGHTS
 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.
 BILL OF RIGHTS
 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.
 BILL OF RIGHTS
 No law shall be passed
Section 4.

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.
 BILL OF RIGHTS
 No law shall be made respecting
Section 5.

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.
 Bill of Rights
 The liberty of abode and of
Section 6.
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.
 Bill of Rights
 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.
 Bill of Rights
 The right of the people,
Section 8.

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.
 Bill of Rights
 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.
 Bill of Rights
 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.
 Bill of Rights
 (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
 Bill of Rights

 (4) The law shall provide for penal and civil sanctions
for violations of this section as well as compensation to
the rehabilitation of victims of torture or similar
practices, and their families.
 Bill of Rights
 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.
 Bill of Rights
 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.
 Bill of Rights
 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.
 BILL OF RIGHTS

 Section 18. (1) No

person shall be
detained solely by reason of his
political beliefs and aspirations.
 (2) Noinvoluntary servitude in any
form shall exist except as a
punishment for a crime whereof
the party shall have been duly
convicted.
 BILL OF RIGHTS
 Section 19. (1) Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. Neither shall 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.
BILL OF RIGHTS
 (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.
 BILL OF RIGHTS
 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.
 BILL OF RIGHTS

 NO EX POST
Section 22.

FACTO LAW OR
BILL OF ATTAINDER
SHALL BE
ENACTED.
DON’T
QUIT
Muchas
Gracias!!