1987 Constitution of the Republic of the Philippines (Article I-V) Practice Flashcards

Preamble of the $1987$ Constitution of the Republic of the Philippines

• Constitutional Premise: The document is ordained and promulgated by the sovereign Filipino people, who implore the aid of "Almighty God."
• Primary Objectives:
  • To build a just and humane society.
  • To establish a Government that embodies the people's ideals and aspirations.
  • To promote the common good.
  • To conserve and develop the national patrimony.
  • To secure the blessings of independence and democracy for current and future generations (posterity).
• Regime Principles: The Constitution functions under the rule of law and a regime characterized by:
  • Truth
  • Justice
  • Freedom
  • Love
  • Equality
  • Peace

Article I: National Territory

• Composition of National Territory: Comprises the Philippine archipelago, including all islands and waters embraced therein.
• Jurisdiction and Sovereignty: Includes all other territories over which the Philippines has sovereignty or jurisdiction.
• Legal Domains:
  • Terrestrial: Land mass.
  • Fluvial: Internal and inland waters.
  • Aerial: Air space.
• Submarine and Maritime Areas: Includes the territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas.
• Internal Waters Doctrine: 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.

Article II: Declaration of Principles and State Policies

Principles

• Section $1$: State Nature and Sovereignty
  • The Philippines is defined as a democratic and republican State.
  • Sovereignty resides in the people, and all government authority emanates from them.
• Section $2$: International Relations and War
  • The Philippines renounces war as an instrument of national policy.
  • It adopts generally accepted principles of international law as part of the law of the land.
  • The State adheres to policies of peace, equality, justice, freedom, cooperation, and amity with all nations.
• Section $3$: Civilian Supremacy and the Military
  • Civilian authority is supreme over the military at all times.
  • The Armed Forces of the Philippines (AFP) is the protector of the people and the State.
  • AFP Goals: Secure State sovereignty and the integrity of national territory.
• Section $4$: Duty of Government and Citizens
  • The prime duty of Government: To serve and protect the people.
  • The Government may call on the people to defend the State.
  • Citizens may be required by law to render personal, military, or civil service.
• Section $5$: Fundamentals for Democracy: The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of general welfare are essential for enjoying democracy.
• Section $6$: Church and State: The separation of Church and State shall be inviolable.

State Policies

• Section $7$: Foreign Policy: The State shall pursue an independent foreign policy. Paramount considerations: national sovereignty, territorial integrity, national interest, and the right to self-determination.
• Section $8$: Nuclear Weapons Policy: The Philippines, consistent with national interest, pursues a policy of freedom from nuclear weapons within its territory.
• Section $9$: Social Order and Poverty: Promotion of a just and dynamic social order to ensure prosperity and independence. Goal: Free the people from poverty through adequate social services, full employment, rising standards of living, and improved quality of life.
• Section $10$: Social Justice: Promotion of social justice in all phases of national development.
• Section $11$: Human Dignity: The State values the dignity of every human person and guarantees full respect for human rights.
• Section $12$: Family and Life
  • The family is a basic autonomous social institution; the State must protect and strengthen it.
  • The State shall equally protect the life of the mother and the life of the unborn from conception.
  • Parents have the natural and primary right and duty to rear the youth for civic efficiency and moral character.
• Section $13$: Role of the Youth: Recognition of the youth's role in nation-building. The State promotes their physical, moral, spiritual, intellectual, and social well-being and inculcates patriotism and nationalism.
• Section $14$: Role of Women: Recognition of women's role in nation-building and ensuring fundamental equality before the law of women and men.
• Section $15$: Health: The State shall protect and promote the right to health and instill health consciousness.
• Section $16$: Ecology: Protection and advancement of the right to a balanced and healthful ecology in accord with the rhythm and harmony of nature.
• Section $17$: Priorities: Education, science and technology, arts, culture, and sports are prioritized to foster patriotism, accelerate social progress, and promote total human liberation.
• Section $18$: Labor: Affirmation of labor as a primary social economic force. Protecting worker rights and promoting welfare.
• Section $19$: Economy: Development of a self-reliant, independent national economy effectively controlled by Filipinos.
• Section $20$: Private Sector: Recognition of the private sector's indispensable role; encouragement of private enterprise and investment incentives.
• Section $21$: Rural Development: Promotion of comprehensive rural development and agrarian reform.
• Section $22$: Indigenous Communities: Recognition and promotion of the rights of indigenous cultural communities within national unity.
• Section $23$: Organizations: Encouragement of non-governmental, community-based, or sectoral organizations.
• Section $24$: Communication: Recognition of the vital role of communication and information in nation-building.
• Section $25$: Local Autonomy: Ensuring the autonomy of local governments.
• Section $26$: Public Service Access: Guaranteeing equal access to opportunities for public service and the prohibition of political dynasties as defined by law.
• Section $27$: Integrity in Public Service: Maintaining honesty and integrity; taking measures against graft and corruption.
• Section $28$: Full Public Disclosure: Implementation of a policy of full public disclosure of all transactions involving public interest, subject to reasonable conditions.

Article III: Bill of Rights

• Section $1$: Due Process and Equal Protection: No person shall be deprived of life, liberty, or property without due process of law. No person shall be denied equal protection of the laws.
• Section $2$: Search and Seizure
  • Right to security in persons, houses, papers, and effects against unreasonable searches and seizures is inviolable.
  • Warrant Requirements: Issued only upon probable cause determined personally by a judge after examination under oath/affirmation of complainant/witnesses.
  • Specifics: Must particularly describe the place to be searched and the persons or things to be seized.
• Section $3$: Privacy of Communication
  • ($1$) Privacy is inviolable except upon lawful court order or when public safety/order requires it.
  • ($2$) Exclusionary Rule: Any evidence obtained in violation of Section $2$ or $3$ is inadmissible for any purpose in any proceeding.
• Section $4$: Freedom of Expression: No law shall abridge freedom of speech, expression, the press, or the right to peaceably assemble and petition the government.
• Section $5$: Religious Freedom
  • No law respecting an establishment of religion or prohibiting its free exercise.
  • Free exercise of religious profession and worship is allowed without discrimination.
  • No religious test shall be required for the exercise of civil or political rights.
• Section $6$: Liberty of Abode and Travel: Liberty of abode and changing it is limited only by lawful court order. Right to travel is impaired only for national security, public safety, or public health as provided by law.
• Section $7$: Right to Information: Access to official records, documents, and government research data shall be afforded to citizens, subject to legal limitations.
• Section $8$: Right to Form Associations: The right of public and private sector employees to form unions or societies for lawful purposes shall not be abridged.
• Section $9$: Eminent Domain: Private property shall not be taken for public use without just compensation.
• Section $10$: Non-impairment Clause: No law impairing the obligation of contracts shall be passed.
• Section $11$: Free Access to Courts: Legal assistance and court access shall not be denied by reason of poverty.
• Section $12$: Rights of the Accused during Investigation
  • ($1$) Right to be informed of the right to remain silent and to have competent, independent counsel (provided by State if the person is indigent). Rights can only be waived in writing and in the presence of counsel.
  • ($2$) Prohibition: No torture, force, violence, threat, or intimidation. Prohibition of secret detention, solitary, or incommunicado facilities.
  • ($3$) Inadmissibility: Confessions obtained via violation of these rights are inadmissible.
  • ($4$) Sanctions: The law shall provide penal/civil sanctions and compensation for victims of torture and their families.
• Section $13$: Right to Bail
  • All persons are bailable before conviction, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong.
  • The right to bail remains even if the writ of habeas corpus is suspended.
  • Excessive bail is prohibited.
• Section $14$: Criminal Due Process
  • ($1$) Due process is required for criminal offenses.
  • ($2$) Presumption of Innocence: Accused is presumed innocent until proven guilty.
  • Rights at Trial: Right to be heard, right to counsel, right to know the nature/cause of accusation, right to speedy/public trial, right to meet witnesses face-to-face, and compulsory process for evidence.
  • Trial in Absentia: Trial may proceed without the accused after arraignment if they were notified and the failure to appear is unjustifiable.
• Section $15$: Writ of Habeas Corpus: Shall not be suspended except in cases of invasion or rebellion when public safety requires it.
• Section $16$: Speedy Disposition: Right to a speedy disposition of cases before all judicial, quasi-judicial, or administrative bodies.
• Section $17$: Self-Incrimination: No person shall be compelled to be a witness against himself.
• Section $18$: Detention and Involuntary Servitude
  • ($1$) No detention solely for political beliefs.
  • ($2$) No involuntary servitude except as punishment for a crime upon conviction.
• Section $19$: Punishments and Death Penalty
  • ($1$) Excessive fines and cruel, degrading, or inhuman punishment are prohibited. The death penalty is not imposed unless Congress provides for it for heinous crimes. Existing death penalties are reduced to reclusion perpetua.
  • ($2$) Substandard/inadequate penal facilities and the use of physical/psychological punishment on prisoners shall be dealt with by law.
• Section $20$: Non-imprisonment for Debt: No person shall be imprisoned for debt or non-payment of a poll tax.
• Section $21$: Double Jeopardy: No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by law and ordinance, conviction/acquittal under one bars prosecution under the other.
• Section $22$: Ex Post Facto Protection: No ex post facto law or bill of attainder shall be enacted.

Article IV: Citizenship

• Section $1$: Definition of Citizens:
  • $[1]$ Those who were citizens at the time of the Constitution\'s adoption.
  • $[2]$ Those whose mothers or fathers are citizens.
  • $[3]$ Those born before January $17$, $1973$, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.
  • $[4]$ Those naturalized in accordance with law.
• Section $2$: Natural-born Citizens:
  • Citizens from birth without having to perform any act to acquire or perfect citizenship.
  • Includes those who elect citizenship under Section $1$, paragraph $[3]$.
• Section $3$: Loss and Reacquisition: Citizenship can be lost or reacquired as provided by law.
• Section $4$: Marriage to Aliens: Citizens marrying aliens retain their citizenship unless they renounce it through act or omission under the law.
• Section $5$: Dual Allegiance: Considered inimical to the national interest and shall be dealt with by law.

Article V: Suffrage

• Section $1$: Qualifications for Voting:
  • Must be a citizen of the Philippines.
  • Not otherwise disqualified by law.
  • Minimum age: At least $18$ years of age.
  • Residency: At least $1$ year in the Philippines and at least $6$ months in the place where they propose to vote immediately preceding the election.
  • Exclusions: No literacy, property, or other substantive requirements.
• Section $2$: System of Voting:
  • Congress must provide a system to secure the secrecy and sanctity of the ballot.
  • Congress must provide for absentee voting for qualified Filipinos abroad.
  • Congress must design a procedure for disabled and illiterate persons to vote without assistance. Until then, existing laws and Commission on Elections rules apply.