1987 Philippine Constitution: Article III Bill of Rights and Citizenship
Definition and Preamble of the Philippine Constitution
- The Constitution is the written instrument establishing, limiting, defining, and distributing the fundamental powers of the government among several departments for public benefit.
- Ordained and promulgated by the sovereign Filipino people, imploring the aid of Almighty God, to establish a just and humane society and secure independence, democracy, truth, justice, freedom, love, equality, and peace.
Article III: Bill of Rights
- Article III contains 22 sections outlining the charter of rights protecting citizens against infringement from public officials and private citizens.
- Thomas Jefferson (1787) defined it as what people are entitled to against the government on earth, which no government should refuse or rest in inference.
- Mr. Justice Laurel (October 5, 1986) stated: "There is no Constitution worthy of its name without a bill or declaration of right."
- Section 1: Protects against deprivation of life, liberty, or property without due process of law, and ensures equal protection of the laws.
- Section 2: Guarantees security against unreasonable searches and seizures; warrants require probable cause determined personally by a judge.
- Section 3: Safeguards privacy of communication and correspondence; inadmissibility of evidence obtained in violation of privacy or search rights.
- Section 4: Protects freedom of speech, expression, the press, peaceful assembly, and petitioning for redress of grievances.
- Section 5: Protects free exercise and enjoyment of religious profession and worship without discrimination or religious tests.
- Section 6: Ensures liberty of abode, changing residence, and right to travel within legal limits.
- Section 7: Recognizes the right to information on public concern, official records, and government research data.
- Section 8: Protects the right to form unions, associations, or societies.
- Section 9 & 10: Requires just compensation for private property taken for public use; prohibits laws impairing contractual obligations.
- Section 11 & 12: Guarantees free access to courts; rights during criminal investigation (right to remain silent, competent independent counsel, prohibition of torture, secret detention, or coerced confessions).
- Section 13 & 14: Protects the right to bail before conviction (except for offenses punishable by reclusion perpetua when evidence of guilt is strong); presumes innocence and guarantees due process in criminal trials.
- Section 15 & 16: Restricts suspension of the writ of habeas corpus except during invasion or rebellion; guarantees speedy disposition of cases.
- Section 17 & 18: Forbids self-incrimination; prohibits detention based solely on political beliefs.
- Section 19 & 20: Prohibits excessive fines, cruel, degrading, or inhuman punishment, death penalty (unless provided by Congress for heinous crimes), and imprisonment for debt or poll tax.
- Section 21 & 22: Protects against double jeopardy; prohibits ex post facto laws and bills of attainder.
Citizenship of the Philippines
- Citizens at the time of the adoption of the Constitution.
- Those whose fathers or mothers are citizens of the Philippines.
- Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.
- Those naturalized in accordance with law.
Duties and Obligations of Citizens
- Be loyal to the Republic and defend the State.
- Contribute to the development and welfare of the State.
- Uphold the Constitution and obey laws.
- Cooperate with duly constituted authorities.
- Exercise rights responsibly with due regard for the rights of others.
- Engage in gainful work.
- Register and vote.