Readings in Philippine History | Constitution | Finals

republican
1. parliamentary
2. aristocracy
3. unitary - centralism

republican
1. parliamentary
2. aristocracy
3. unitary - centralism

form of government of biak na bato (1897)

tejeros govt.

promulgating body of biak na bato (1897)

nov 1 1897 to dec 14 1897
*44 days

length of effectivity of biak na bato (1897)

The Biak-na-Bato Republic Constitution (1897)
The Philippine Revolution reached a stalemate in 1897 when the revolutionary forces of General Emilio Aguinaldo fled to the mountains of Biak-na-Bato in San Miguel de Mayumo, Bulacan. The Spanish forces led by Gen. Miguel Primo de Rivera realized that even though they could crush the rebels in Bulacan, it did not mean the revolution would end for it was already widespread in the other provinces. The Spaniards soon sued for a truce with the revolutionary forces.
In order to consolidate the forces still fighting in the other provinces, Aguinaldo met with his leaders to establish a recognized government. A revolutionary government had already been formed in March that year with Aguinaldo as President in Tejeros, San Francisco de Malabon (now General Trias) in Cavite. It was this government that was now in Biak-na-Bato.

An assembly of Filipino rebel leaders were called and it was agreed that a republican form of government would be formed. Two Filipinos, Isabelo Artacho & Felix Ferrer were tasked to write a constitution. Both decided to adopt the provisions of the Constitution framed in Jimaguaya, Cuba and from this, the Constitution of Biak-na-Bato was formulated.
The Constitution was promulgated by the Philippine Revolutionary Government on November 1, 1897, and became the provisionary constitution of the government during the Revolution against Spain.
In spite of being a copied constitution, the Biak-na-Bato Constitution had its own unique features: its preamble reiterated the objective of the Revolution which was "the separation of the Philippines from the Spanish monarchy and their formation into an independent state with its own government." The government that was formed was a Supreme Council composed of a President, a Vice-President, a Secretary of the Interior, a Secretary of Foreign Relations, a Secretary of War, and a Secretary of Treasury. This Council hard sweeping powers of government which included the power to issue orders and other laws for the security of the State, to impose and collect taxes, to raise an army, to ratify treaties, and to convene an Assembly of Representatives." The official language was Tagalog. The judiciary power was vested in another Supreme Council of Justice. Articles XXII to XXV were essentially the Bill of Rights accorded to every Filipino.

This constitution was to last only for 2 years during which at certain periods, it was superseded (replaced) by laws and decrees made by Aguinaldo.

distinctive features of biak na bato (1897)

constitution

A ? is defined as the fundamental law of a nation or state. It is the ? that establishes the character and basic principles of the government.

constitution

The system that runs the government is often codified in this written document, which forms the fundamental rules and principles by which an organization is managed. It is these same principles that make clear the rights of the individual and creates limitations to government power.

constitution

A ? is also described as "the highest expression of the law."

1. It prescribes the kind of government that will exist in the state
2. It creates the different departments and specifies their respective functions and duties
3. It is the source of the sovereign powers of a government by establishing the fixed, first or basic principles
4. It promotes public welfare. The constitution establishes the rights of the people which the government is obligated to protect

PURPOSE OF A CONSTITUTION

constitutional convention

The constitution is written by a ? which is a body assembled for the express purpose of framing or writing a constitution, revising an existing one, or proposing amendments to it.

plebiscite *The results are then considered and followed by the government.

After writing the constitution, the draft constitution or its amendments/revisions are submitted to a ? (asking people's consent) for ratification in which the people will decide whether it is acceptable to become a law of the land.

referendum

Plebiscite is different from a ? in which a law passed by a legislative body is brought before the people to be voted upon. The results, however, may or may not be considered by the state.

seven
biak na bato
malolos
1935
1943
1975
1986
1987

At least ? Philippine Constitutions were framed in our history.

democratic
1. presidential
2. democracy
3. unitary - centralism

form of government of malolos republic constitution (1899)

malolos congress

promulgating body of malolos republic constitution (1899)

jan 23 1899 - mar 23 1901
*790 days (2 years, 2 months, 1 day)

length of effectivity of malolos republic constitution (1899)

The Malolos Republic Constitution (1899)
Following the defeat of Spain by the United States in the Spanish-American War in 1898, the Filipinos began their task of creating the independent nation they valiantly fought for in 1896. On June 12, 1898, Philippine independence was declared and, two weeks later, Aguinaldo ordered the convening of a Congress in Malolos, Bulacan. Elections were held for the delegates in the provinces that were already free from Spanish forces. For the other areas where battles against the Spaniards were still being fought, Aguinaldo appointed delegates. The Malolos Congress had its inaugural session at Barasoain Church in Malolos on September 15, 1898 amidst a large celebration and coverage by both the local and foreign press. The delegates then convened by Congress and elected its officers. One of its acts was to ratify the Independence declaration in Kawit.

The Congress was originally conceived by presidential adviser Apolinario Mabini to be an advisory body to the President. But another group led by delegate Pedro Paterno decided to create a constitution to form a government that would be recognized by foreign powers. Mabini was against this for he believed that peaceful conditions should first prevail before a constitution should be drafted. He was, however, overruled by Paterno and his allies.

Discussions for the Constitution began on October 25 after the submission of a draft by Felipe Calderon. Calderon drew inspiration from the constitutions of Mexico, Belgium, Guatemala, Costa Rica, Brazil, and France. One of the heated discussions focused on the issue of the union of Church and State where Catholicism would be the state religion. This proposal was voted on twice by the Congress. The first was a tie and the second voting session resulted in the victory for separation by only one vote. The constitution was approved by the Malolos Congress on November 29, 1898 and forwarded to President Aguinaldo for approval.

The original draft of the constitution, however, emphasized a popular government which means supreme power is given to a legislative body since it is the representative of the people. This means that the President as well as the judiciary including the Supreme Court would be selected by the legislative body which, at that time, was the Malolos Congress. Mabini objected to this proposal and the approval of the Constitution was delayed. The amendments were made and the document was finally approved by Aguinaldo on January 21.

The Malolos Constitution was the first republican constitution in Asia. Its main features were as follows:
1. It was based on democratic traditions in which the government formed was "popular, representative and responsible" with three distinct branches-the executive, the legislative, and the judicial.
2. It called for a presidential form of government with the president elected for a term of four years by a majority of the Assembly convened as a constituent assembly;
3. It recognized the freedom of religion and separation of the Church and State;
4. It emphasized and safeguarded the basic civil rights of not only Filipinos but foreigners, through a Bill of Rights (Articles XIX to XXIII).

The approval of the Constitution and the creation of the Republic did not end the strife between the congress and Mabini. Mabini was eventually replaced as president of the Cabinet several months later.

The first Philippine Republic was inaugurated on January 23, 1899 at the Barasoain Church where Emilio Aguinaldo took his oath of office as the first President of the Republic. This was followed by the reading of the Malolos Constitution and the taking of the oath of loyalty by the Army.

The Malolos Republic was the first democratic government of the country. It had a form of governance that included the management of social services, education, the creation of an Army, a monetary system, and diplomatic activities. It even had a government publication in order to spread to the foreign nations the ideals of the new republic and to ask for support its recognition.

The Republic, however, was a short-lived government. Its demise began at the start of the Philippine-American War in February 1899 and ceased to exist with the capture of President Aguinaldo in Palanan, Isabela in March 1901. By that time, the Americans had firmly established themselves as the new colonizers of the Philippines with a military government running the country. In July 1901, they formally established the first civil government in the islands.

distinctive features of malolos republic constitution (1899)

presidential & democratic
1. presidential
2. democracy
3. unitary - centralism

form of government of commonwealth govt. (1935)

1934 constitutional convention

promulgating body of commonwealth govt. (1935)

nov 15 1935 - jan 16 1973
*13,578 days (37 years, 2 months, 2 days)

length of effectivity of commonwealth govt. (1935)

The 1935 Constitution and the Commonwealth Government
For over a decade, the Americans ran the government in the Philippines with Filipinos given a role in the legislative function when the Philippine Assembly was established in 1907. It was only during the administration of Governor-General Francis Burton Harrison (1913-1921) that the Filipinization policy of the government was put in place. Filipinos were given a hand in running the country. Majority of the Philippine Commission members and civil servants were replaced by Filipinos. Soon, the colonial administration placed much of the country's governance in the hands of Filipinos. One year later, the Jones Law of 1916 also known as the Philippine Autonomy Act was passed by the US Congress.
The Jones Law reorganized the government with an American governor-general, a Cabinet, and an all-Filipino legislature composed of the Senate and the House of Representatives. It also provided both the executive and legislative sectors power over domestic affairs. The new Philippine Legislature was inaugurated on October 16, 1916 with Sergio Osmena as House Speaker and Manual Quezon as Senate President. In addition to this, Harrison also formed the Council of State as an advisory body to the governor-general.
Despite the American concession (to allow) of letting the Filipinos run their own government, the prospect of independence was not erased from the minds and hearts of the Filipinos. To address this, the Jones Law provided the presence of two resident commissioners to the US to sit and observe the proceedings of the US Congress. They were eventually replaced by a Commission on Independence or parliamentary mission to the US to petition for Philippine independence.
From 1918 to 1932, there were at least five Philippine independence missions to the United States. The efforts paid off with the creation and approval of the Tydings-McDuffle Law by the US Congress. This law was approved on March 24, 1934 and was known as the Philippine Independence Act. It provided for the drafting and guidelines of a constitution for a 10-year "transitional period" government before the granting of independence. This was known as the Commonwealth Government.
Following the signing of the Tydings-McDuffle Law, the Philippines began to ready itself for its transition from a colonial country into a self-governing nation.
On July 10, 1934, an election was held to vote for the delegates to write a constitution for the Philippines. Two hundred two delegates were elected and the convention was opened on July 30. The draft of the Constitution was finished by January 31, 1935 and was approved by the convention on February 8. There was only one dissenter, Tomas Cabili of Lanao, who felt that the Constitution did not serve the people of Mindanao.
The Constitution was approved by US President Franklin Delano Roosevelt on March 23, 1935 and ratified by the Filipino people in a plebiscite on May 14, 1935.
The 1935 Constitution of the Philippines served as the fundamental law of the land from 1935 to 1972. It established the Commonwealth of the Philippines and provides that upon withdrawal of American sovereignty in the country and the declaration of Philippine independence, and the Commonwealth shall be known as the Republic of the Philippines.
The 1935 Constitution enumerated the composition, powers, and duties of the three branches of government (the executive, legislative, and judicial) and created the General Auditing Office and laid down the framework in the establishment of the civil service in the country. The other provisions included a Bill of Rights, a provision for women's suffrage giving women the right to vote and be a part of Philippine politics for the first time, the creation of a Philippine Armed Forces for national defense, and the development of a national language.
The framing of the 1935 Constitution was a momentous event for the Filipino people. It showed the Americans that Filipinos had the capability for self-government with the creation of the Commonwealth Government in 1935 that led to the country's independence a decade later.

distinctive features of commonwealth govt. (1935)

Single-Party Authoritarian
1. presidential
2. monarchy
3. federalism - decentralism

form of government of Japanese occupation & 2nd republic (1943)

Philippine Commitee for Independence (PCI)

promulgating body of Japanese occupation & 2nd republic (1943)

oct 14 1943 - aug 17 1945
*674 days (1 year, 10 months, 4 days)

length of effectivity of Japanese occupation & 2nd republic (1943)

The Japanese Occupation and the Second Philippine Republic (1943 Constitution)
The Commonwealth Government was interrupted by the Second World War and the Japanese Occupation of the Philippines. The Commonwealth under President Manual Quezon went into exile in the United States. AS part of their policy of attraction in their Greater East Asia Co-Prosperity Sphere program, the Japanese offered to grand the Philippines its independence.
Acting on the orders of the Japanese military, the Kapisanan ng Paglilingkod sa Bagong Pilipinas or KALIBAPI, a Filipino political party that served as the political party during the Japanese occupation, convened and elected a Philippine Commission for Philippine Independence (PCPI) to write a new constitution. This was finished and signed on September 4, 1943 in a public ceremony and ratified by the KALIBAPI a few days later. On October 14, 1943 as provided for in the new constitution, the Second Philippine Republic was inaugurated with Jose P. Laurel as President.
The 1943 Constitution was basically a condensed version of the 1935 Constitution consisting only of a preamble and 12 articles. It was transitory in nature as it was only effective during the duration of the war. It created a Republic with three offices (executive, legislative, and judicial) but owing to the war, no legislature was convened. Instead, the powers of government were concentrated with the President. The Bill of Rights basically enumerated the citizen's duties and obligations rather than their constitutional rights and Tagalog was declared the national language.
The 1943 Constitution was recognized as legitimate and binding only in Japanese-controlled areas of the Philippines but was ignored by the United States government and the Philippine Commonwealth government in-exile. It was abolished eventually along with the Second Republic upon the liberation of the Philippines by American forces in 1945 and the re-establishment of the Commonwealth in the Philippines.

distinctive features of Japanese occupation & 2nd republic (1943)

republican & unitary dominant & pseudo-parliamentary (authoritarian)
1. presidential
2. monarchy
3. federalism - decentralism

form of government of marcos dictatorship (1973)

1973 Constitutional Convention

promulgating body of marcos dictatorship (1973)

jan 17 1973 - aug 17 1945
*4785 days (13 years, 1 month, 6 days)

length of effectivity of marcos dictatorship (1973)

The 1973 Constitution and the Marcos Dictatorship
On June 1, 1971, a Constitutional Convention was convened at the Manila Hotel. Its purpose was to write a new constitution that would meet the new challenges confronting the Philippine Republic that developed since it was formed in 1946. It was during the second term of President Ferdinand Marcos that the convention opened.
Almost immediately, the convention became controversial. The delegates concentrated more on speeches and giving themselves allowances before actually sitting down to discuss the provisions of the new constitution. Meanwhile, the peace and order situation brought about by the First Quarter Storm deteriorated with student rallies and other protests rocking the metropolis. The biggest scandal came when Leyte delegate Eduardo Quintero accused Marcos of bribing delegates to vote for a provision to extend the presidential term of office and to change the form of government.
But the convention's activities soon came to a temporary halt when President Marcos declared martial law on September 21, 1972. He abolished Congress and reorganized the government. Several days later, the convention was reconvened and a draft constitution was finally finished and approved on November 30. Instead of being ratified by a plebiscite, however, Marcos submitted it to "citizen assemblies" that was formed to approve or reject the new constitution. The plebiscite was held from January 10-15, 1972 and the constitution was overwhelmingly approved. On January 17, 1973. President Marcos signed Proclamation No. 1102 declaring the 1973 Constitution ratified. The 1973 Constitution provided for a parliamentary form of government in which the President was the symbolic head of state and the Prime Minister was the head of government. The Prime Minister, who was nominated by the President, acted as head of the cabinet.
Legislative power was vested in the Batasang Pambansa. The constitution also provided for the establishment of the Civil Service Commission, the Commission on Elections, and the Commission on Audit.
In 1981, amendments were made to the 1973 Constitution and the President was restored from a symbolic head of state to its original status as the head of state and chief executive of the country. The amended Constitution also granted the President several powers and functions which were originally vested in the Prime Minister and the Cabinet.
The 1973 Constitution was remained in force until the February 22-25 EDSA People Power Revolution of 1986 which toppled the Marcos administration. It was abolished with the adoption of the 1986 Freedom Constitution by the administration of President Corazon Aquino.

distinctive features of marcos dictatorship (1973)

revolutionary
1. presidential
2. aristocracy
3. unitary - centralism

form of government of freedom constitution (1986)

president corazon aquino & drafted by reynato puno

promulgating body of freedom constitution (1986)

mar 25 1986 - feb 1 1987
*314 days (10 months, 8 days)

length of effectivity of freedom constitution (1986)

The Freedom Constitution (1986)
On March 24, 1986, President Aquino signed Proclamation No.3 entitled "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 New Constitution." The provisional constitution, later called the "Freedom Constitution," was proclaimed, setting aside the 1973 Constitution thereby recognizing the new Aquino administration as a temporary revolutionary government until the framing of a new constitution. It basically adopted some provisions of the 1973 Constitution especially the Bill of Rights.
Under the Freedom Constitution, the President continued to exercise legislative powers until a legislature was convened under a new constitution. Furthermore, the President was given the power to appoint the members of a Constitutional Commission tasked to draft a new charter "truly reflective of the ideals and aspirations of the Filipino people."

distinctive features of freedom constitution (1986)

constitutional republic
1. presidential
2. democracy
3. unitary - centralism

form of government of 1987 constitution

1986 constitutional convention

promulgating body of 1987 constitution

feb 2 1987 - present
*35 years, 9 months, 20 days

length of effectivity of 1987 constitution

The 1987 Constitution
By virtue of Sec. 1, Article 5 of the Freedom Constitution, President Aquino issued on April 23, 1986 Proclamation No. 9, constituting a Constitutional Commission (CONCOM) charged with drafting a new constitution not later than September 2, 1986, appointed the 50 CONCOM members representing the various sectors of society from politics to the arts and to religion.
On June 2 the ConCom, headed by former Justice Cecilia Munoz Palma, commenced its sessions at the Batasang Pambansa in Quezon City. The ConCom completed their task on October 12, 1986 and presented the draft constitution to President Aquino on October 15. After a period of nationwide information campaign a plebiscite for its ratification was held on February 2, 1987. An overwhelming 17, 059, 495 voted to ratify the constitution while 5,058,714 voted against it.

On February 11, 1987, the New Constitution was proclaimed ratified and in effect. On that same day, President Aquino, government officials and the military pledged allegiance to the New Constitution.

The 1987 Constitution consists of 18 articles with a preamble. Among its significant provisions are as follows:
1. A presidential system of government restores the bicameral Congress of the Philippines, composed of a Senate and a House of Representatives.
2. A modified Bill of Rights (Article III) details the right of every Filipino citizen. 3. Much emphasis was placed on the writing of this provision after the violations committed during the Marcos dictatorship. In addition, the constitution includes the abolition of death penalty, except when Congress provides otherwise with regard to "heinous crimes."
4. The creation of a Commission on Human Rights which, under Section 18, Article XIII, is tasked to investigate all forms of human rights violationg involving civil and political rights. It provides appropriate legal measures for the protection of human rights of all persons within the Philippines, and several other powers in relation to the protection of human rights.
5. The recgonition of an Autonomous Region of Muslim Mindanao and the Cordilleras.
6. Limited political autonomy for local government units like the provinces, cities, municipalities and barangays and instructing the Congress to establish a Local Government Code.

The complete provisions are as follows:
Preamble
Article I: National Territory
Article II: Declaration of Principles and State Policies
Article III: Bill of Rights
Article IV: Citizenship
Article V: Suffrage
Article VI: Legislative Department
Article VII: Executive Department
Article VIII: Judicial Department
Article IX: Constitutional Commissions
Article X: Local Government
Article XI: Accountability of Public Officers
Article XII: National Economy and Patrimony
Article XIII: Social Justice and Human Rights
Article XIV: Education, Science and Technology, Arts, Culture, and Sports
Article XV: The Family
Article XVI: General Provisions
Article XVII: Amendments or Revisions
Article XVIII: Transitory Provisions

The Philippine government is administered by a presidential system of government with a bicameral legislature and an independent judiciary. It has three branches of government:
1. the Executive headed by the President and Cabinet
2. the Legislative composed of the Senate headed by the Senate President and the House of Representatives headed by the Speaker of the House
the Judiciary composed of the Supreme Court headed by the Chief Justice, and the lower courts
3. The House of Representatives is composed of the Congressmen/women (officially called Representatives) elected to a three-year term and can be re-elected, but cannot serve more than three consecutive terms. Sectoral representatives are members of party-list organizations who can give "voice" to significant minorities of society that may not be adequately represented through geographical distinct.
4. The Senate is composed of 24 senators who are elected and serve for six-year terms with half the senators elected every three years.
The Supreme Court is the Philippines' highest judicial court as well as the court of last resort. The court consists of 14 associate justices and a chief justice.

distinctive features of 1987 constitution

popular

type of sovereignty of biak na bato constitution

political

type of sovereignty of malolos republic constitution

legal / political

type of sovereignty of commonwealth (1935)

legal / popular

type of sovereignty of Japanese republic (1943)

popular / political

type of sovereignty of marcos dictatorship (1975)

popular

type of sovereignty of freedom constitution (1986)

legal / popular

type of sovereignty of 1987 constitution

nov 1 1897

date of enactment of biak na bato constitution

jan 20 1899

date of enactment of malolos constitution

may 14 1935

date of enactment of commonwealth constitution

sept 4 1943

date of enactment of Japanese occupation constitution

jan 17 1973

date of enactment of marcos dictatorship constitution

oct 20 1986

date of enactment of freedom constitution

feb 2 1987

date of enactment of 1987 constitution

Political Science

The systematic study of the state and government

STATE

It is a community of persons, more or less numerous, permanently occupying a definite portion of territory, independent of external control, and possessing an organized government to which the great body of inhabitants render habitual obedience

THE ELEMENTS OF STATE

1. People
2. Territory
• Terrestrial Domain
• Maritime and Fluvial Domain
• Aerial Domain
3. Government
• Doctrine of Parens Patriae
4. Sovereignty

ORIGINS OF STATES

1.Divine Right Theory
2.Necessity or Force Theory
3.Paternalistic Theory
4.Social Contract Theory

FUNDAMENTAL POWERS OF THE STATE

1.Police Power
2.Power of Eminent Domain
3.Power of Taxation

Forms of Government

1. As to the number of persons exercising sovereign powers
Monarchy, Aristocracy/Oligarchy, Democracy
2. As to the extent of powers exercised by the central or national government
Unitary, Federal
3. As to the relationship between the legislative and the executive
Parliamentary, Presidential
4.As to compliance with the laws
De Jure, De Facto

Monarchy

Absolute monarchy / Unlimited monarchy
Constitutional monarchy /Limited monarch

Democracy

Direct or Pure Democracy
Indirect, Representative, or Republican

Three branches of government

Legislative, Judicial, Executive

A written instrument by which the fundamental powers of the government are established, limited, and defined and by which the powers are distributed among several departments for their safe and useful exercise for the benefit of the body politic.

Constitution

The supreme law of the land

Types of Constitutions

As to their form:
1. Written constitution
2. Unwritten constitution

As to their origin and history:
1. Conventional or enacted constitution
2. Cumulative or evolved constitution

As to the manner of amending:
1. Rigid or inelastic constitution 2. Flexible or elastic

ESSENTIAL PARTS OF A CONSTITUTION

1. Constitution of Government
2. Constitution of Liberty
3. Constitution of Sovereignty

Preamble

Introduction to the Constitution

Article I

national territory

Components of the National Territory

-Philippine Archipelago with all the islands and waters embraced therein
-All other territories over which the Philippines has sovereignty or jurisdiction
-The terrestrial, fluvial, and aerial domain as well as territorial sea, the seabed, the subsoil, the insular shelves, and other submarine area

ARCHIPELAGIC DOCTRINE

An archipelago shall be regarded as a single unit, so that the waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the state, and are subject to its exclusive sovereignty

Article II

Declaration of Principles and State Policies

Article II

Composed of 28 Sections:
Sections 1-6 (Principles)
Sections 7-28 (State Policies)

Article II

• Separation of Powers
• Principle of Checks and Balances
• Renunciation of War
• Doctrine of Incorporation

Article II

• The separation of Church and State shall be inviolable (Article II, Section 6)
• The state shall pursue an independent foreign policy. (Article II, Section 7)

President

formulates our foreign policy principally with the help of the Department of Foreign affairs

Congress

shares with the President the responsibility of formulating the country's foreign policies

Local Government

a political subdivision of a nation or state which is constituted by law and has substantial control of local

Autonomy

the power of the local government units to enjoy limited self-government as defined by law

decentralization

The principle of local autonomy under the 1987 Philippine Constitution.

decentralization

- local government units shall be given more powers, authority, responsibilities, and resources
- transfer of power and authority

Bill of Rights

A classified list of the rights and privileges of individuals, whether personal, civil, or political which the constitution designed to protect against governmental oppression, containing also the formal assurance or guaranty to these right

CLASSES OF RIGHTS

1. Natural Rights
2. Statutory Rights
3. Constitutional

Classification of Constitutional Rights

Political Rights
Civil Rights
Social, Economic, and Cultural rights
Rights of the Accuse

Civil Rights

Nonpolitical rights of all citizens, especially those rights relating to personal liberty

Rights of the accused

Rights intended for the protection of a person accused of any

Political Rights

Rights as in relation to the participation of the individual, directly or indirectly, in the establishment or administration of government

Social, Economic, and Cultural rights

Rights which are intended to insure the well-being and economic security of the individual.

Due process

A law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial

Equal Protection of the laws

All persons (including aliens) or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed

warrant of arrest

A written order of the court directing a peace officer to arrest a person and take him into custody in order that he may be bound to answer for the commission of an offense

search warrant

An order in writing issued in the name of the Republic of the Philippines, signed by a judge, and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court

Miranda Doctrine

The accused must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.

Bail

The security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter.

Limitations on the right to Bail

• Where the applicant is not yet in custody of the law.
• The penalty is punishable by reclusion perpetua and where the evidence of guilt is strong.
• After the judgment has become final, or after the accused has commenced to serve sentence

Subpoena

Refers to a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure

Two types of subpoena

Subpoena testificandum
Subpoena duces tecum

Writ of Habeas Corpus

An order issued by a court of competent jurisdiction, directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, and to show sufficient cause for holding in custody the individual so detained

Double Jeopardy

a person cannot be punished twice for the same crime

Ex post facto

aggravates a crime or makes it greater than when it was committed

Bill of Attainder

a law which inflicts punishment without the benefit of judicial trial

Citizenship

A membership in a political community, which is personal and permanent in character

Citizen

A member of a political community having the right to exercise all the political and civil privileges accorded to members

The following are the citizens of the Philippines (Article IV, Section 1)

1. Those who are citizens of the Philippines at the time of the adaption 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