Philippine Constitution PDF

 Preamble Article I. National Territory Article II. Declaration of State and Principles Article III. Bill of Rights Article IV. Citizenship Article X. Local Government’s Role PREAMBLE  “PREAMBLE” We, the sovereign Filipino people, imploring the aid of Almighty God,...

 Preamble Article I. National Territory Article II. Declaration of State and Principles Article III. Bill of Rights Article IV. Citizenship Article X. Local Government’s Role PREAMBLE  “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.  This means to build a society “imploring the aid where every individual treated The Filipino themselves are the stars of the Constitution of Almighty God” fairly. This line makes it more direct “We the sovereign and personal by mentioning “in order to build a Filipino people” God. just and humane society,” PHILIPPINE PREAMBLE “conserve and Patrimony The preamble now “promote the develop our means property uses common good for the welfare of all common good” patrimony,” inherited from one's father or the people. male ancestor. NEWLY ADDED WORDS (compared to the 1973 Constitution) Aspiration means a hope or ambition of achieving something. Utilize this as world peace and good relationship INDEPENDENCE This means that no one, not with other countries, or even world even the government is above recognition, pride and achievements. This signifies that we are a the law. free nation. ASPIRATION RULE OF LAW GOVERNMENT Lastly, this was added It was added to to signify that without emphasize the need for LOVE love, the divisions in transparency and TRUTH our society would not honesty of public be overcome. officials.  Article I National Territory  ARTICLE 1 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.  NATIONAL TERRITORY - P.O.I Philippine Other territories Archipelago over which (National Philippines has Internal waters Territory sovereignty or - T.F.A) jurisdiction  Agricultural Lands Forest or Timber Mineral Lands Natural Parks TERRESTRIAL DOMAIN Airspace Internal Waters AERIAL DOMAIN External Waters FLUVIAL DOMAIN -T.S.S.I.O 1. Define Territorial Sea/Territorial Waters The territorial sea of the Philippines shall refer to the belt of sea measured twelve (12) nautical miles from the baselines or from the low-water line, as the case may be. 2. Define Contiguous Zone A zone contiguous to a territorial sea of a coastal State, which may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured 3. Define Exclusive Economic Zone. an area of coastal water and seabed within a certain distance of a country's coastline, to which the country claims exclusive rights for fishing, drilling, and other economic activities. According to reports, Philippines has the strongest claim of Spratly Islands since it is geographically part of the Philippine archipelago and it's just 100 km (54 nm) away from Palawan Republic World: Vietnam builds up defences in Spratly Islands 'to Island. ensure it can strike Chinese facilities'  Article II Declaration of Principles and State Policies  Principles - are binding rules which must be observed in the conduct of government. PRINCIPLES - Section 1-6  Policies - guidelines for the orientation of the State. - Section 7-28 POLICIES  Article II Declaration of Principles and State Policies PRINCIPLES SECTION 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.  Article II Declaration of Principles and State Policies PRINCIPLES SECTION 2. The Philippines 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.  Article II Declaration of Principles and State Policies PRINCIPLES SECTION 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines 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.  Article II Declaration of Principles and State Policies PRINCIPLES SECTION 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfilment thereof, all citizens may be required, under conditions provided by law, to render personal military or civil service.  Article II Declaration of Principles and State Policies PRINCIPLES SECTION 5. The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of general welfare are essential for the enjoyment by all the people of the blessings of democracy.  Article II Declaration of Principles and State Policies PRINCIPLES SECTION 6. The separation of Church and State shall be inviolable.  Article II Declaration of Principles and State Policies STATE POLICIES SECTION 7. The State shall pursue an 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.  Article II Declaration of Principles and State Policies STATE POLICIES SECTION 9. The State shall promote a 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.  Article II Declaration of Principles and State Policies STATE POLICIES SECTION 10. The State shall promote social justice in all phases of national development.  Article II Declaration of Principles and State Policies STATE POLICIES SECTION 11. The State values the dignity of every human person and guarantees full respect for human rights.  Article II Declaration of Principles and State Policies STATE POLICIES 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.  Article II Declaration of Principles and State Policies STATE POLICIES SECTION 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.  Article II Declaration of Principles and State Policies STATE POLICIES SECTION 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.  Republic Act 9262 Anti-violence Against Women and Children What is VAWC under RA 9262? - It refers to any act or series of act committed by any person against a women and children. What are the penalties for committing VAWC? - Imprisonment - Payment (fine) - Mandatory counseling and treatment  Article II Declaration of Principles and State Policies STATE POLICIES SECTION 15. The State shall protect and promote the right to health of the people and instil health consciousness among them.  Article II Declaration of Principles and State Policies STATE POLICIES SECTION 16. The State shall protect and advance the right of the people to a healthy ecology in accord with the rhythm and harmony of nature.  Article II Declaration of Principles and State Policies STATE POLICIES SECTION 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.  Article II Declaration of Principles and State Policies STATE POLICIES SECTION 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.  Article II Declaration of Principles and State Policies STATE POLICIES SECTION 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.  Article II Declaration of Principles and State Policies STATE POLICIES SECTION 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.  Article II Declaration of Principles and State Policies STATE POLICIES SECTION 21. The State shall promote comprehensive rural development and agrarian reform.  Article II Declaration of Principles and State Policies STATE POLICIES SECTION 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.  Article II Declaration of Principles and State Policies STATE POLICIES SECTION 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation.  Article II Declaration of Principles and State Policies STATE POLICIES SECTION 24. The State recognizes the vital role of communication and information in nation-building.  Article II Declaration of Principles and State Policies STATE POLICIES SECTION 25. The State shall ensure the autonomy of local governments.  Article II Declaration of Principles and State Policies STATE POLICIES SECTION 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.  Article II Declaration of Principles and State Policies STATE POLICIES SECTION 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.  Article II Declaration of Principles and State Policies STATE POLICIES SECTION 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.  Article III Bill of Rights  Declaration of Rights or Charter of Rights with 22 sections. It sets the limits of BILL Fundamental the lawful powers characteristic of a of the state. OF republican system. RIGHTS A list of the most important rights of the citizens in a country.  “3 Classifications of Rights” - God-given rights and universally acknowledged. 1. Natural Rights  “3 Classifications of Rights” - God-given rights and universally acknowledged. 1. Natural Rights - Man-made rights and locally acknowledged. 2. Constitutional Rights  Constitutional Rights The rights that allow a citizen Intended for the protection of a access to economic resources person accused of any crime Civil and Social and Rights of Economic Political Cultural the Rights Rights Rights Accused Civil Rights- rights enjoyed to enable individuals to Social Rights- The rights that allows the undertake the everyday business of life. citizen to meet his/her social needs. Political Rights - Those that pertain to an Cultural Rights - The rights that allows individual’s participation in government or the the citizen to maintain his/her culture. political process.  “3 Classifications of Rights” - God-given rights and universally acknowledged. 1. Natural Rights - Man-made rights and locally acknowledged. 2. Constitutional Rights - Man-made rights and timely acknowledged. 3. Statutory Rights  Statutory Rights Every grown-up has the right to do a job, to a A rights to which all human beings fair wage to their work, and to join a trade are entitled just because they are union. human. Legal Individual Basic Right to Rights Rights Rights work Legal Rights- rights that are guaranteed Rights of the people with the to the citizens by law to enjoy certain protection of Bill of Rights. freedoms without any fear or favour.  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.  Article III 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. Search- a process conducted by authorized officers to look for specific items that are related to the crime. Seizure- when officers take possession of said items during the search. Warrant of Arrest- is an official document signed by the judge which authorizes police officers to arrest the person or people named in the document. Search Warrant- is an official document signed by the judge which authorizes police officers to search a particular location and seize specific items.  Article III 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.  Article III Bill of Rights 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.  Article III Bill of Rights 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.  Article III Bill of 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.  Article III 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.  Article III Bill of Rights 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.  Article III Bill of Rights SECTION 9. Private property shall not be taken for public use without just compensation. 3 Inherent powers of the State: ★ Police power - regulations for the public safety ★ Power of taxation - impose and collect taxes ★ Power of eminent domain - expropriation for public use  Article III Bill of Rights SECTION 10. No law impairing the obligation of contracts shall be passed.  Article III Bill of Rights 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.  Article III Bill of Rights SECTION 12. 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.  Article III 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.  Article III 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.  Article III Bill of Rights RIGHT TO BE INNOCENT ARRAIGNMENT  Article III 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.  Article III Bill of Rights SECTION 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.  Article III Bill of Rights SECTION 17. No person shall be compelled to be a witness against himself.  Article III Bill of Rights 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.  Article III Bill of Rights SECTION 19. 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.  Article III Bill of Rights SECTION 20. No person shall be imprisoned for debt or non-payment of a poll tax.  Article III Bill of Rights 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.  Article III Bill of Rights SECTION 22. No ex post facto law or bill of attainder shall be enacted. Article IV Citizenship  Nationality Nationality is the individual membership that shows a person’s relationship with the state. Citizenship is the political status, which states that the person is recognized as a citizen of a country. Citizenship Section 1: The following citizens of the Philippines 4 Kinds of Philippine Citizenship 1. Citizen at 2.Natural-born 3. Citizens 4. Naturalized the time of Citizen through citizens the adoption Jus Election or (Alien) of the new Sanguinis Choice Constitution Jus soli/ Jus Loci 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. They are 100% Filipinos; compared to half Korean, half Filipino. SECTION 3. Philippine citizenship may be lost or reacquired in the manner provided by law. HOW TO LOSE Philippine citizenship: 1. Voluntary Expatriation Reasons: By Naturalization in another country By Renunciation of Citizenship By Oath of allegiance to another country. 2. Involuntarily Reasons: By Cancelling your own certificate by the Court By being an official deserter of AFP during war (you switched sides) HOW TO REACQUIRE Lost Philippine citizenship: By Naturalization By Repatriation By Direct act of Congress SECTION 4: Citizens of the Philippines who marry aliens shall retain their citizenship. SECTION 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law. SECTION 5: Dual Citizenship Dual Allegiance - 2 countries - owes loyalty - involuntary - individual’s volition  Article X Local Government’s Role  The local government is also called the governments of the parts of a nation. Its levels are according to the political pattern and experience of countries like the Philippines.  The Department of the Interior and Local Government (DILG) - is the executive department responsible for promoting peace and order, ensuring public safety, and strengthening the capability of local government units to effectively deliver basic services to the citizenry.  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. Section 2. The territorial and political subdivisions shall enjoy local autonomy. Provinces The largest type political unit in the Philippines. The provincial government takes care of the functions which affect the people of a certain province. Provincial Board Members Some of its most important functions are as follows: 1) it passes laws for the welfare of the municipalities and cities within its jurisdiction; 2) it prepares and approves the provincial budget; 3) it appropriates money for provincial purposes; 4) it exercises the power of eminent domain; and 5) it provides for the maintenance of equipment and buildings for provincial purposes, including infrastructure like airports, healthcare systems, law enforcement agencies, transportation systems, and etc. CITIES The chartered city is also a unit of local administration. The charter is the constitution of the city. The city elective officials are the: mayor, vice mayor, and the members of the board of councilors. Among its important functions are as follows: 1) to charge and collect taxes in accordance with law; 2) to enact ordinances; 3) to provide for public works constructions and for the maintenance of a local police force;  Municipalities = Towns/City The municipality is a public corporation created by an act of congress. Municipality Law - which defines its duties and powers. Who is the chief executive officer of the town? The municipal mayor The main functions are: 1) to execute all laws and municipal ordinances; 2) to supervise the administration of the town; 3) to issue orders relative to the maintenance of peace and order;  BARANGAY The barangays are the smallest units of local government in the Philippines. They are governed by the Barrio Charter (an Act granting autonomy to barrios of the Philippines). Conclusion All these ‘branches’ are important. Just like how there are campuses all over the Cebu, each school is independent and responsible for its own management and administration. In the UC, the College of Nursing runs things differently compared to the College of Engineering, and in the College of Engineering, Mechanical Engineering is different from Civil Engineering. Just like how Grade 6 Turquoise has different rules for their room management and trash segregation compared to Grade 6 Amethyst.