Textbook on the Philippine Constitution [Hector S De Leon]

54 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 7

(5) The la w punishes polygamy and bigamy, and certain crimes against
religious wors hip are considered crimes against the fundament al laws of
the State.9

With in the limits prescribed by the principl e of separation of Church
and State, th ese two great entities could work together in harmony to serve
the welfare of the people.HI

STATE POLICIES

SEC. 7. The State shall p ursue an independe nt foreign policy.
In its relations with other states the p aramount consideration
shall b e national sovereigntyJ territorial integrity, national
interest, a nd the right to self-determination.

Foreign policy of the Philippines.

Foreign p olicy is the basic direction underlyi ng the conduct by a St ate
of its affairs uis-a -vis those of other States. It is a set of guidelines followed
by a government of a country in order to promote its nationa l interest
through the conduct of its relations with other countries.

Under our constitutional system. Congress shares with the President
the responsibility of formulating the country's foreign policy alt hough the
conduct lhereofis primarily r eposed in the executive depart ment. (see Art.
Vll, Sec. 22.) The President formulates our for eign policy principa lly with
the help of the Department of Foreign Affairs.

(1) An instrument of domestic policy. -Its importance in the survival
and progress of a country cannot be over-emphasized. It is the sole weapon
of a State fo r the promotion of national interest in internati ona l affairs.
Thus, fore ign policy is but a r eflection and a n ins trument of domes tic
policy, t he former being related t,o and dict ated by the la tter. They are not
only mutually consistent but complementary.1

the nation." Proclamation No. 498 1Nov. 26, 2003; dedares Novi:" mber 26. 2003, the end of
Ramadhan, as n s pecial non-workin g day throughout th e cou ntry f Feast of Ra madhan}. R.A.
No. 9177 tNov. 13, 2002) declares th e first day of shal(·u·al. t he 10th month of th e Islamic
calendar, a national ho lida y for the observance of E idul Fitr. and the lOth day of Zhul Hijja ,
th e 12th month of Islamic calendar, a r egiona l holiday in the Aut onomous Region in Muslim
Mindanao <ARMMl for the observa nce of Eid ul A dha .

"See Revised Penal Code, Art~> . 132-133; see Aglipa~· Y.i> . Ruiz. 64 Phil. 20 1.
11'ln a speech before the Manila Rotarians on July 24 , 1979, Jaime Cardinal Sin said:
"The Church and tho State are two e ntities that play an importa nt role in our life. Let us
keep them separate hy all means hut let us not interpre t se paration as segregation. Let us
believe th<tt th ey can work hand in ha nd, separate but parallel like the two tracks on the
r ailroad lea ding to the same desti n <•tion."

1Philippine foreign policy h as al l too often been perceiYed w h ave little or no bearing at
a ll to the ordina ry l<'ilipino in his daily s truggle for existence. It. need not be deta ched or
removed from the people it endeavor s to serve.

~ (!C. 7 ART. H.-- DI~C LARATIO:-\ OF PRf~ C il'LES 55
AND STATE POLICIES
S t ate I'olicie~

(2) Pursuit ofan independent foreign policy. - The Constitution man-
dates the State to pursue an independent foreign policy, aware of the
unwelcome conseque nces of a poli cy characterized by excessive dependence
on a nother country . ~

An independent foreign po~il.')' simply means one that is not subordi-
nate or subject to nor dependent upon the support of another governmt'nt.
It is not one that completely rejects advice or assistance from without.
Neither does it mean abandoning traditiona.I allies or being isolated fro"Ql
the international community. To be realistic, a foreign policy must have a
global outlook in view of the delf:'t.erious effect on the country's relations
with other countries of a foreign poli cy that revolves only on our r elations
with s elect members of the interna tional community. Being a small devel-
oping nation, we must make no enemy if we <.:an make a friend.

In general, our basic f01·eign policy objective is to establish friendly
relations with all coun tries of the world regardless of race, religion ,·ideol-
ogy and social sys te m and to promote as much beneficial relations with
them particularly in economie and trade activities.

(3}.Param oun t consideration. - - The Constit ut ion r ecognizes t hat in
the pursuit of an independent foreign policy in an interdependent world,
new realities and new situations may require the Philippines to m ake a
reapprail'lal of the conduct of its foreign relation s . Indt~pendence in the
making and conduct of foreign policy is relative. The national inte:·est will
not be served by trying to deal with regional and international issues in
absolute terms. Ours must be a policy of flcxibili ty a nd pragmatis m guided
only by the welfare of our people a nd the security of our Republic.

The framing of a fo reign policy is shaped by how interests n rc idcntifi~~·J and det ermined
a t a ny given moment. Philippine int.eres t!:l h ave- vnriel11n ~co p~ and magnitude thro ugh the
ycn rs bN:i.\use of our ch a nging- wncerns and partly het"ause th e world hii;; continued to sh rink
int o a n infinitely com plex web of interdepen dence «nct interc<mn ecti vit.y.

To be of t r u ly of scrvi c~ to t.b e Filipino , foreign p olicy n ocds t o ad va11ce t h e cv u~t t.ry's
in t ere.'>ts and ultima tely, benefit. the F ilipino poople. An informed citizenry wi ll t hus r eal iz~
w hy fc•reign poli<'y and diplo macy have to be invol ved in the w11r against the proliftlr a t ion of
n u clear ~tnd other wea pons C)f mass des tructior.; again1<t M\r\:(otic~ and ot.her pr,•hihit.ed
s uh~;tanee;s; against tr:rrorist':l, human t r a ffickers. and smOJggler~;; against child lahor and
wonw n exploit11tion; a nd other tran':lnationa l <~rime;;. The p<•ople will then undl!rsta nd and
a pprcciatP. why we h a ve to by the basis for a la1;ting solut.iloJl to conflicting c!aims in the
South Chinil s~a; why we need a regional co unter-terrorism a grt>ement; why we s to. nd fa~t on
our fa ir trad e commit ments; why we streng t hen bilatera l rc~l a ti ons in order t o open wor ld
mark ets for Ph ilipp ine products, promote irwe:>tments and tour;sm , a nd ta p o>our..:es for

official rl<welopme nt assistance; .a nd above a ll, why we do Tl\lt lea ve a stone untu m .:!d to
cn~;ure the ;;1:1fP.ty and prot.1:ction of onr m illions of overscaft work er s .

In a nutshell, we pursue a foreign policy that will pte.~et·v.,.. and enhance our national
intcrc,;ts and protl:'ct a nd promote the right!'< and welfare flf l'\'ery citizen. (soc A l-'<.1reign

Policy in the Servic<' of the Filipino, by Delia D. Albert, St>rretary of ForP.ign Affairs,
P a norama, .June 10, 2004, pp. 8, 26.1

~ By way of illust ration, the domestic policy of our count ry a fte r becoming independent in
1946 wa.'> to r econs t.ru ct th e economy r avaf::cd by World Wa r II for wh ich the Ph il i ppi ne ~

needed foreign aid rea di ly a vailab le from t h o U.S. As a r c!lult. t.he foreign pCJlicy of t h e

count ry was l o a lign itself with the U.S . on many international issu os.

56 TF.XTBOOK ON THE PHILIPPINE CONSTITUTION Sees. 8-9

In its relations with other states, the paramount consideration of the
Philippines shall be national sovereignty, territorial integrity, n ational
interest, an d the right to self-determ ination. (Sec. 7. )

SEC. 8. The Philippines, consistent with the national inte r-
est, adopts and pursue s a policy of freedom from nuclear weap·
ons in its territory.

Freedom from nuclear weapons policy.

The intent of Section 8 is to forbid the making, storing, manufacture or
t esting in our country of nuclear we apons, devices or parts thereof as well
as the use of our territory as dumping site for radioactive wastes and the
transit within our territor y of ships or planes with nuclear weapons. It does
not, however, prohibit the use of nuclear energy for medicine, agriculture,
and other peaceful or beneficial purposes. Congress will have to provide the
mechanics to effectively implement Section 8.

(1) As subject to exception. - The records of the Const itutional Com-
mission1 support the position that Section 8 does not absolutely ba n nu-
clear we-apons fr om Philippine territory. The phras~ "consistent with the
national interest," may reasonably be interpreted to mean "subject to
national interest." In other words, if the n ational interest so dictates, the
storing of nuclear weapons in our territory may be permitted at least on a
transitory basis, considering that it wa s not prohibited under the then
existing mi litary bases agreement with the United States whose validity
a nd term of effectivity until 1991 are implicitly recognized by the Constitu-
tion. (see Art. XVIH , Sec. 25. )

(2) As an absolute ban. - The phraseology, however, of Section 8 may
be unders tood as providi ng no qualification, exception, or condition if the
phrase "consistent with national interest" is taken as the reason for the
poli~y, that is, the Philippines "adopts and pursues'' the policy because it is
consistent with national interest. The Constitution itself bans nuclear
weapons as a policy and precisely emphas izes t hat such policy is Mconsist-
ent with the n ational interest.'~~

SEC. 9. The State shall promote a just and dynamic social
order that will ensure the prosperity and independence of the
nation and free the p eople 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.

!Vol. IV. St!pt. HJ, 1!186, p. SlB.
1Senaror Arturo M. Tol+mtino, Manila Bull etin, July 28, l!:H\8, p. 7.

Se~:;;. 10-11 ART. II. - · OF.CLAJ:{ATION OF P RINCIPLES 57
AND STATE POLICIES
St.'llt! Policies

Just and dynamic social order.

(1) Policies necessary to be pun~uecl. - The State shall promote a just and
dynamic social order. This is accomplished through policies that provide ad-
equate social services (in the fie ld of health, education, housing, etc.), promote
full employment (see Art. XII, Sec. 1, par. 2; Art. XIII, Sec. 3, pa1· 1.), a rising
standa rd of living, and an improved quality oflife for all. (]bid., Sec. 1.)

(2) Soluing the problem of mass poverty. - The Preamble calls for the
"establishment of a just and h umane society." Such a society must insure
th e prosper ity and independP.nce of the nation and fr ee the underprivileged
and th e marginalized sectors of our popu lation from poverty. The goal is to
reduce t he political and economic power of a privileged few by equalizing
widely differing standards and opportuniti!:!S for advancement and to raise
the mass~~s of our people from their poverty to a qualitative life worthy of
hum an dignity.

With the eradication of mass poverty, the State solves at the same time
a chain of 'Social problem s that comes with it: social unrest, breakdown of
family syste ms, diseases, ignorance, criminality, and low productivity.t

SEC. 10. The State sha ll promote social justice in all phases
of national development.

Social justice.

This policy mandates the State to promote social jus tice in all phasei:' of
n ational d~velopment. In the fu lfillment of this duty, th~ S tate must give
prefere ntial attention to the welfare of the less fortunate members of the
community- the poor, the underprivileged, those who h ave less in life .

It i!-1 discussed full y under Article XIII (Social Jus tice and H uman
.R igh ts ).

SEC. 11. The State values the dignity of every human person
and guarantees full r espect for human rights.

Human dignity and human rights.

In a democratic state, the individual enjoys certain righ t" \\·hich cannot
be modified or taken away by the lawmaking body. Thc::e> rights are recog-

'!'over t.y h as alway~ been an issue in our cou ntry. .\bn,· con~idt-r it as the root cause of
oth er problems the people are facin~ whh. La test sun·~,. , h:; t h ~> :\ationai Sta tistics Office
iN SOJ show that the country's wealth r"'main!:' nne•·(·J:l~ di;.tributed as the richest fP.w
families continued to amass the lion's 11hare of the (·)L!mry·~ to t;~ i income while '•he poor
earned only a fraction of the riche>:t lO'if. It wi;f ;;1 1:-;!) that Adam Sm ith, the father of

modern economics wrote: "No Sf)Cicty can S l!n:h· be t1 ···u :·ishmg and happy, of which by far the

gr.eat.e r part of the members a1·e poor anu miserahle.··

58 TEXTBOOK ON TH~~ P HILIPPI!\E CONSTlT UTION Sec. 12

nized or guaranteed because of t.hP. beli~f in the inherent dignity and worth
of every human person.

The value accorded to human dignity is measured b,y the exte.nt of
respect for human rights. In pursuit of this constitutional poli cy , it is the
duty of th e State to enact measures and develop programs that will pro-
mote human dignity and protect the people from any threat of violence or
use of force or deception for the purpose of exploitation.1

This topic is discussed at length under Article III (Bill of Right.s) and
Article XII! (Social Justice a r..d Human Rights).

SEC. 12. The State r ecognizes the san ctity of family life and
shall protect and strengthen the family as a basic autonomous
social institution. It shall equaJly protect the life of the mother
and the life of the unborn ft·om conception. The natural and
primary right and duty ofparents in the rearing ofthe youth for
civic efficiency and the d evelopment of moral character shall
receive the support of the Government.

Strengthening the family as a basic
autonomous social institution.

The above declaration not onl,Y has given constitutional ba:sis to the family
as a basic autonomous social institution, but in addition, mandates the 3tate
to recognize the sacredness of famqy life and to strengthen the family. (see
Art. XV.) Under the provision, the government may not enact any law or
initiate measures that would break up or weak<m the family as a social unit, or
jn the guise of protecting the family, interfere in purely internal family
matters which do not involve the social ord~~r or any public policy.

Our Civil Code lays down certain genera l principles which sustain the
r.olidarity of the famil y not or..Jy for the guidance of the courts a nd ad min is-
trative officials, but also for their wl:olesome inauence upon t he mem bers
of every family. 1

Right to life of the unborn from conception
and of the mother.

(1 ) Huma n lift is commonly believed. t.o begin from the moment of
conception when the fe male egg and the male sper_m merge at fe r tilization.

'The •Anti ·'l'r!l flicking in Per>:~ons Act oi 2003'' 1 KA. :\1). 920~. ~lay 26, 200~) penaliz~!s
trafficking in perl:'nm; especially wo men a nd chilrlr!Ht. Under the Ac•. "trafficking in person~"
rP.fers to the racruit ment, t.rnn;<;port.atiou , transfer, h arboring or receipt. of ptlrsons for the
purpo~e of cxploitntion which indudes prostitution , forced labor or services, or t.hc rcmo"<.!l
or s ale of or gan s.

:Articles 2Hi-2:l2 t.htm:of; .>t~c .;\rt.iclr~:; 56-t)ll, 68, H9·15l, Family Code.

Sec. 12 ART. II . - DECLARATIO N OF PRINCIPLES 59
AND STATE POLICIES
State P olicies

F rom that moment, the unbor n child is considered a subject or a possessor
of human rights. He has a basic human right to life which the State i$
m a ndated to protect, along with infants and children. (Sec. 12.) In short,
once conceived, a child has a right to be born.

The provision protecting the unborn prevents the possibility of abortion
being legalized by futur e legislation . It manifes ts the Constitution's re-
spect for hum a n life.

(2 ) The S tat e has still a nother compelling i nterest aside from the r igh t
to life of the unborn- th e health of the mother whose life it shall equally
protect. (Ibid. ) The sacrifice of t he life of the unborn when medically
established as necessary to save th e life of the mother is not abortion.

Rearing of the youth for civic efficiency
and development of moral character.

( 1) A duty both of parents and governmen t. - T he com mon welfare of
society as well a s the good of the individual depends to a great exten t upon
t he pr oper e ducation a nd t r a ining of children. The youth of t oday will oe
tomor row's cit izens. These cit izens will be a s they h ave been pr epared a n d
guided in t heir youth. The government, therefore, should equally share in
the i nherent right and duty of par en t s in the training of thei r children to be
good, useful, and worthy citizens by giving them support t o prepare their
children for future positions of r esponsibility and leade rsh ip.2

(2) Rig ht of State to interfere w ith educo.tion of children. - The above
provis ion must not, however, be int erpreted to mean thai , as in a totalitar-
ian State , t he children wi ll be consi der ed the p ro perty of the State. So. t he
Sta te ca nnot b y law com pel th e pare nts to m ak e their children accept
in str uction in public schools only. Such a law con sti tu t es an unreasonable
interference with the liber ty of parents to direct the upbringing a nd educa -
t ion of ch ildren under their control. The child is not a me re creation of the
State.

The State, however, has the power reasonably to regulate all schools,
their tea chers and pupils; t o refJ.uire that all children of proper age attend
school , th a t teachers shall b e of good moral character and pa t!·iotic disposi-
tion, t hat certain studies plainly essential to good cit ize ns hip must be

2'J.'radit iona l Filipino fam ilies h ave been charact cr iz<'d h~· cln:;.- ~a m i !~· tic s. The influen~
of th e 1-'ilipino family is slowly d isappearing becau se of th e- t cm pvr ;try or permanent. ab~ence

of the pa rent s , with the father or the mother, or both. ha,·:ng t <' work away fr om home. This

pare ntal a bsenteeism has led the youth to turn to their pc:(·r , <lr -bo rkada" for security and
g uidan ce which they cannot enjoy in th~ hom e. Ther-e l.> al;;o th ~ concern of the influence of

peen t h a t may lead children to j uvenile delinquE'ncy Without t heir parents guiding them,
m a ny yo ung people arc led to go a 1:1 tray a nd to de,·elop di~t orted values and undesirable
beha viors. Both the church and i h "' ~<ch oo l ha,·e important roles t<> play in inculcating
pos itive values and attitudes which wil l s tre ngthen thE' cha r ac ter of ou r youth .

60 TEXT!:lOOK ON THE P HI L!Pl'INE CO!"STITUTION Sec. 1:1

t aught , and that nothing be taught which is mani festly inimical to public
welfar c .3 <See Ar t. XIV, S ec. 3r2l. l

(3 ) The State and parental obligations. - While the nat.ural U.e. , not
created by State law) and prima ry responsi bility for ed ucating the child
rests in the family, th e State als o has a d iEi tinct interes t in this ma tter
s ince a proper education - h u ma nisti c, voca tional, moral, r eligious, civic
- is necessary for social. well-being. It is , t h P.r efore, the duty of the State t o
see t h at these obligations are fulfilled by paren t s rthrou gh such means as
compulsot·y education laws), and to supply the e ssential ed ucational fa cili-
ties which private initiative is una ble to fu r nish.

(4) Duly of S tate to e ncourage edu cational inst itutions. -Viewed in
t his light, the Statf! should encouragt! r ather t han hinder t.he operation of
private a nd parochial schools so long as these schouls meet the secula r
educational requireme nts which the government has the a uthority t o im -
pose .J

SEC. 13. The State recognizes the vital role of the youth in
nation~building and shall promote and protect the ir physical,
mora l, spiritual, intellectua l, and social well-being. It shall in·
culcate in the youth patriotis m and nationalism, and e ncourage
their involvement in public a nd civic affairs.

Role ot the youth in nation-building.

The a bove d ecla ration is rel a ted to the pr eceding provis ion .

(1) Today's youth , more knowledgeable and intelligen t. ·- The bulk of
our popula tion is made u p of th~ youth, nearly half of it comprising the \'t!r y
young people who <!re 15 years old or younger. 1 Compared to pre\·iou;,:t
generations, today's younger cit.izenry are bet ter educated and far more
well-informed and articulate and politica lly cons cious. No Jc,.;~ than t he
Constitution r ecognizes this in the p rovision reducing t he \'Ot ing ag e from
21 t o 18. (Art.. V , Sec. 1.i

(2) Duty ofthe State.- The youth constitute a rich r csen oir of produc-
tive m a npower. Recognizing thc!it· vital role in shaping the country's des-
tiny, the Constitu tion l ends its s uppt)rt to the pro motion of their welfare. It
is m a de the constit u t ional duty of t he State to p romot e a nd prot~ct the
well ·being vf th e youth to enable t hem to develop phy.sically. mora lly,
spiritually, intellectually, and socia )}y, in a wholesome a nd normal man-
ner, a nd thus, transfo rm them into healthy, upright. intelligent, and useful
citiz ens a nd potential community leaders. It s ha ll inculcate in the youth ,

3Pien :e vs. Society of Sisters, 268 U .S. 510 .
•sch mandt and S t<•inbicker, The Fu ndamentals of Government. The Bruce Puu lishin~
Co., 1954 ed ., p. 180.

' By defin itio n , 11 you ng p erson is one who is between 1~ and 30 years old.

AR'l'. JL- DECLARATION OF PRINC:JPLES 61
ANI.l STATE POLICIES
Shl.t<· Polic'ie;;

patriotism and nationaliHm (Att. XIV, Sec. af.2J.), promote positive personal
and social values among them , and encourage their active involvement and
parlicipation (e.g., by giving them represent~:~tion ) in public and civic af-
fairs2 (Sec. 13.J to the fuJlest extent pos:-;ible.

(3) 1oday'.'l youth, tomorrow '.~ leaders. - By harnessing their enter-
prising spirit and progressive ideali::;m, young people can become effective
players in our collective effort to build a modern Philippines and, properly
trained and guided, will in time assume with dignity a nd honor the places

2l'residen tial Det,retl No. 603 (Dec. 9 . 1971 ), kn<)\\' 11 as the Child and Youth Welfa r e

Code, lists the 1·ights and rt-spon;,ibilities of c:hildnm, and specifies the rights, duties, and
liabilities oftht- parent.!\ in the rearing of their children. (see Art. XV.) R.A. No. 8044 (June 7,
1995), otherwise kn\)wn as the ~Youth in Nation-Building Act, creates a National Yo uth
Commist<ion io formulate and impl('ment. ~~ lllltio nal comprehens ive und coordinated program
for de,·elopm~mt of yo uth in nation-b uilding, (:n~ating a National Commission on Youth
tNYC) for the pur·pose. Pursuant to its mandate under R.A. N o. 8044, the NYC formulated
th e You th Entrepreneurship Program 1YEP1which aims to develop the entrepren t!ural skills
of the }outh and encou rng<:> them to pa rti cipat E' and orga ni:>:e hus incss enterpril!f~S. Exec.
Order No. Mlii (Junt- 9, 199~J creates YEl' National Coop<:> rntor~ Council that will oversee,
pla n a nd coordinate th1: implementation of the YEP. Ex N·. Order ~o. 275 (Sept. 14, 1995i
create::: a committee for the special protection of thildren from a ll fo1·ms of negh,ct, a buse,
cn~+~h.y , •~xploitation , discrimination and tlther conditions prejudicial to their development.
R.A. No. 8:no <Oct. 28. 1997), othcrwi.-e ktHlwn aR the "Children'.~ Television Act of 1997",
establit>hl:'s a National Coundl fot• Children·~ Te\evH;ion iKCCT) with the function. a mong
oth er s, t<• formula te togeth er with t.h .. tt'lcvision broadt·a«t ind u ;;t ry, a set of standards for
television progra ml> s h own duri ng child-viP.wi ng h ou l'8 3nd work cl<•!';cly with the indu s try for

the ado ption and implementation of said :>la ndnrds.
R.A. No. 9l63 (Jan. 2~. 20021, emitted t he "Nll~i(nHsl Service Training Program f::\STP i

Act of 2001." allows college students to choose among t.he pT(tgram's three :;t!rvicc co mpo·
ncnt~ ·- "Reserw) Offict>rs' Training Corps'' (ROTC), literacy tr11i ning service, an d tivic wei·

fa re training service - ;;pccially de,;igned to t.mhance the youth's active contribution to the

gcnP.ral welfare. Nov.:. nsale aud fem ale st udent.:; of any baccalaureate degrf\e course or at
lea~t t wo Y'!ar technical-vocational course;s in public and priv~•le P.ducational in~titut ion:> will

be r equired t u complete one of t.he NSTP components a s r equi"ilfl for gr aduation. The :"STP

is 8 prog ram aimed a t enhancing !:ivh. cunsciousne,:;s and defense prepa rcdnes:;- in rhE' you th
hy dcvdoping the ethics of se rvice and pa t.rioti ~; m while undergo ing tr~~ining tn any of the-

three program componE-n t s.
The Reserve Officers ' Training Cl)rp.o is a program instit uti•malizcd under :::ection.; 38

and 39 of RA. No. 7077 de-:;;igned to providc military tr:~ining to t••rl iar" !.:•·.:! 8tud e nt~:< in
order t.o motivate, tra in, organize, and xnohli ztl thHm for national defen:;!' pn·part:dncss. The
Department cf Defnn ~•: (DND 1 is directe d l,o funnulute and -.do pt , pro lf~:~m of l'.:>sistance
andiur inccntiv~ to t h ose l:l ludf~nts who wi ll take t his tomponen t . Tht• RO TC i ~ made opt ional
by t he Act..

The literru:y training .Yt!rt•ice' is de~i gnlld lo train s tud ents to b~>co r:-u• teachers of literacy.
a nd numeracy :;kills to sc hoolchildren, out-uf·llchoolyoulh and ';: h ~ r ~e-gments of society. The
,·ir.·ic u·el/'are train ing :>til'l!ice refers to programs or acti\'itit· < t ~•.:lt ('·~·ntribute to the general
we lfnn:: and betterment oflifc for communi tic:; or t.he ~nhan c.:-n:c·n t uf its facilitie$ , especially
tho<>e devoted to improving health, education, cnvirc>n::lelit . .-rttrepreneurship, safety, r~c­

reation and rnol'als of the citizenry.
The Commission on H igher Education !CHED •a na T~chn u:al Education and Skills Develop-

ment Authority <T E:Sl)A ) in c(m;;ul tation with :lw D~D. Phili ppine Association of State Univer·
siti t>!.i <~nd Colleges ~ t'ASUC •, Cwrdinat ing Cou nt'il of Pri"ate Ed ucational Associations (CO-
COPEAl and other concerned gowmlm('n t ag~ncies. may de,:;ign and implement $uCh other
program components as may be ncce~;;ary in co nsonance with the provif'ions ofR.A No. 9163.

62 T EXTBOOK ON THE PHILIPPI NE CONSTITUTION Sec. 14

of th~ir elders in the high councils of the n ation. Our children a re our hope;
they are our future -the nation's futu re in fact.J

SEC. 14. The State recognizes the rol~ of women in nation-
building, and shall e n sure the fundamental equality before the
law of women and m en.

Role of women in nation·building.

( 1) Proven capabilities of Filipino women. - Filipino women, past and
present, have proven their capabilities in all fields of human endeavor- in
private business, in the professions, in the arts, in education, in civic work,
and in public service - even in positions of international leadership such as
in the United Nations and other international organizations. And Filipino
heroines who figu red prominently in gaining our independence are not fe>v.
They fought with courage and dedication in t he struggle for Philippine free-
dom against a colonial master and, during the last. war, in the battles for
liberation against a forei gn invader. In the recent past, they were in the
forefront ofmoveme:1ts for the restoration of democratic processes in our land
against a discredited regime which t'inally culminated in its overthrow.

Today, Filipino women have been involving themselves in worthy causes
and activities of national concerns. They have always been ready to heed
the country's call to service with two of them having steered the nation's
ship of state.1 They help shape a better future for all Filipinos. It can safely
be said that the Philippi nes is well a he ad of many other countries of the
world in terms of leaders hip roles of Filipino women both at home and
abroad. Many Filipinos sta nd out a mong the women of the world as being
especially educate d, talented, and liberated.

(2) Expa.nsion of H'omen's role. - The Constitution gives recognition to
the role Filipino women have played and continue to play as partners in the
task of n ation-building. They have a greater role in society today. They
cor:stitutt> more than one-hal f of the population , a powerful political and
economic force indeed in Philippine society. By sheer force of number
alone, it is only right that their voice be heard on matters a ffecting their

' The Local Govem ment Codo t R.A. N o. 7160, Chap. 10, Sec. 439. · declares Dece mber 7·
11 of every year a>< "Youth Week" to highlight the critiC'al r ole the youth plays in nation-
building.

Proclamatio n No. 521 {Dec. 1i , 2003) decla res the la,;t week of Februa ry of ever y year as
"Nat ional TOYM Week." ' Th~ Outstanding Young ~len~ • TOY~t • Awards which has been
instituted by the Junior Chamb~r of the Philippines \Jaycees'· a voluntary,organization of
Young Filipinos "strivin g to build a better nation and to develop bette r citizens," s ince
Octo ber 15, Hl59." has no t only become one of th e cou ntry's mos t coveted a wards for yo ung
men, bu t a lso an inlititution recognizing e xcellence in our young Filipinos, aged 18 to 40. The
TOYM F oundation m a de up of TOYM aw!\rdees seek to promote the ideals of leadership,
excellence, integrity. character and servic~ to the n ation."

' Presid!H>t Corazun C. Aqu ino, 1986-1992 and P resident Gloria Macapagal·Arroyo, 2001-
prcsent .

AR'J'. H.- DECLARATION 01'' PR1NCII'U:S 63
AND STATE POLICIES
State Polici{!S

welfare and the country as a whole. It 1~ sirnpl<~ justice that they be given a
legitimate share with men in leadership and major dt~cision-making process,
at all levels and in all spheres of hnman activity outside theh· homes.

In pre-industrial societies, domestic work was assigned to wow~n who
were looked upon merely as men's helpmates and creative som·ces of
human life. The traditional view that the role of women is primarily child-
bearing and child-rearing and performing household chores should be
abandoned.2 While the social rol<! of women as mothers and household
managers is recognized, the State should formulate strategie~ to expand
women's participation in non-household and productive activities and thus
make them direct contributors to the country's economic growth.3

(3) Equality with men before the law. - Men and women are funda-
mentally equal.4 Yet positions of responsibility and authority continue to
be denominated by men. As a rule, women have narrower occupational
choices and have lower earnings than men. It is the duty of the State to
ensure that equality before the law in all aspects of n:1t.ionallife by rectify-
ing or ending all practices and systems that are disadvantageous to women
or di~criminate against thl~m by rea::;on merely of sex where it is not a
rdevant factor in making a di::;linction.

In economic life, for instancP, the Stat(~ must promote and uphold the
equality of men and women in employment, terms ofemployment, opportuni-
ties for promotion, t.he practice of profession, the acquisition, control, and
disposition of their property, pursuit of busine1>s, etc. In certain situations,
they are entitled to special protection from tht> Statt!:5 (.sl'f! Art. XIII, Sec. 14.)

SEC. 15. The State shall protect and promote the right to
health of the people and instill health consciousness among
them.

2'fhe fact. is that. Filipino v.-onwn (•ontribulf• gn!<\Uy ~o human d<>vcloprr.c-:1t in thE'

Philippines by the quantity and qu<tlity of work t-hey d.o at horne. Womml-PO\,t•r i,; such a
hu~e, lirnitleso; po(}l of intclJC'ctual rc~ource that. en•ry nutio11 rannot afford !>:• take for

g1·ant.ed.
·'Majority of the country's impoverished women Ji,·e in the rural arr·r,;.. Oi;:pendng

indu~tr·ies and employment opportunit.ie!'< in thel'e arE'a!:' and maximizin.: t:ducation and
t1'<1ining for t.hem to increase their effic-iency in ~conomit ac·tivitil:':' w~ll ~o a long way in
r;•ducing povm·ty amon~ them and dcvcbpmq their competitiH:rw~.~ ;n l ;v, open labor mar·
kilt. Empow<·rnwnt of Filipino \j;vmE'n is g+merally belit•,·ed to h~•vt- ;1!1 ll:lP<tCl only on those

who have been educaLL·d.
·'The Con~:;titution means that ex<:E'pt for t.IJI:)ir phy,;ic:d dif"!t.>r••nct•.<. men cannot be

consid~red, as a g<>ncral propo~ition, superior to wom+.!n.
-SDcspit~~ m~ny advanc(!;; in many aspects of lif<:>. m.my Pli:'t':i .,f gcmdcr-hascd violen~e

persist and ofwn go unreported. It includE's any act tl•:H re;;uh~ in. or i~ likely to result in
physicaL sexual or p,.:.ychological harm or ~uffering t;_, "··~m<·n. including threats of such a-cts

or arbitrary depri vat.ion of liberty. Some of the ("llllntry·;; more importa"nt laws that respond
to gender-based viol<~ncc arc: cll the Anti-S~:.xual !laras:.<mt!nt Law IR.A. No. 7H77.); (2) the
Anti-Rape Law (R.A. 1'\o. H:l53. !; (;lJ the R:.<pE:" Victim As;;i!:'tan<:e and Protection Act (R.A. No.

8505.); and (4J tht! Anti-Trafficking Law H A. :\o. 9028)

64 TE XTBOOK O:"l' THE PrtlLTPPlNE CONST!Tt:TION Sec. 16

Right of the people to health.

Wholistically defined, health is the state of physical, social and mental
well-being rather than merely the absGnce of physical di:>eases.

The State has the obligation to promote and pro tect the right of the
people to health. To better fulfill th is duty, it m ust instill health conscious-
ness among the people.

This topic is discus:sed lengthily under Article XUI (Social Justice and
Human Rights), Soctions 11 to 13.

SEC.16. The State shall protect and advance the right of the
people to a balanced a nd healthful ecology in accord with the
rhythm and harmony of nature.

Right of the people to a balanced
and healthful ecology.

Ecology is tha t branch of science th at dealH with the study of the
interrelationships t1f living things (organis ms , pl ants and a nimal s! and
their environments. (s ee Art. XII, Sec. 3. J

(1) Causes of' environm ental degradation. -The Constitution, in Sec-
tion 16, takes cognizance of the continuing degrad ation of the Philippine
environment which has become a matter of national concern caused by
r a pid urbanizai.ion (migration of peopie from rural area.;; to urban centersJ,
industrial g rowth, population expansion, na tural r esources utilization, the
us e of modern technology, and ot.her socio-economic factors, and conse-
quently, the need for at1 environmental protection program to prevent
further injury an.d/or damage to plant and a nimal life and property and,
more important, to protect human life, health and safety.'

(2 ) Effect on quality of life.- Many people today are u nable t<.• live in
dignity a s human beings because they cannot acquire the necessary food,
housing, health, sanitation and education as a result of the deterioration of
t he eJtvir onment. The qu ality of life of th e people cannot advance unless
the living environment is nurture d and valuable natural resources are
protected a nd pre served. ~

'R..A. No. 8 7MJ (.Jun~ 23, 19!)9/, otherwi;;e known ttl' U1e "Philippine Cle<~n Air Act of 1999,"
provides for a l'omprehon.sive air pollution control policy. H.A. No. 9003 !.Tan. 26, 2001}, other-
wise known as the "Ecological Solid Waste :'l-1anRgemen t A<·t of 2000,'' provides for a •1 ecological
solid waste managemen t p:-ogram , creates t he necessary institutiona l mechanism~; and iru;en·
tives, prohibit;;, certain acts, anrl provides p~n<~lties. R.A. No. 9275 (March 22, 2004), otherwise
lmown as tho "Clean \V;1ter Act, provides for a compre hensive water management. program to
P?.. teet th e co untry's water bodies from land- based sou rces of pollution s uch as industries,
mining, agricultural ope'rAtions, and community or household acth·ities. t o en surP. the effective
utilization and conservation of the nation';; water and resources.

"The Philippines is an archi pelago. Some 7,000 isl11nds com prise thi::; beautiful country of
ours. &dies of water, river system;;, lakes, chains of mountains, and vokanoes are our country's
major features. 'Togethc. r with th e coastal and marine areas, t hey te~m v.ith Oora and faun a.

·.'

.l /'

Sec. 16 ART. H.- DECLARATION OF PRINCIPLES 65

AND STATE POLICIES

State Policies

(3J Relation~hip h£>tween development and environment.- The ]essons
drawn from ecological studies in the United Nations show that politkal,
social, and economic growth and development are crucially dependent upon
the state of the human envir·:. nment.;~ For this reason, the improvement of
the quality of our envil'Onment should occupy a higher place in the scheme
of priorities of the goyemment..

The lore;;t covers ofour country harbor ;~orne 8,120 species offloweting plants (including
~he rare Waling-Waling and Cattleya nrchidsl, some 3,50:l species of indigenous trees (sut:h

as the world-famous Narr·a, Yakal, Molave, and Kamagongl, 640 species of moss, 240 species

and sub-species of mammals, and many more flora and fauna, Our count.ry's marine areas

harbor some 3,500 fish species (esp~.:ially our world-famous Tuna, Tanguigi). One square

kilometer of coral reef~; produces more than 200,000 tons of fish and other marine products

every year, Truly, our beloved Fhilipines de;;erves to be called the "Pearl cf the Orient."

Urbanization, industrialization, defore;;tation, and rapid population growt.h are some of

the major factors that contribute to the degradation and destruction ofour environment and

its million;; of pricelesg denizens, Illegal logging and the kaingin system of farming have

denuded our forests- from '2(imillion hecta.-e;; a hundred years ago to 5A million hectares

today. Every hour, ;;om~l 63 hectares of fore1;t.s ar~l cleared.

Of the 44,096 square kilnmeters of roral reefs, almost 70'/c· have been declared by th!:'

Bureau of Fisheries and Aquatic Resource:; as being in fair to poor condition.

Environment l'xpert.s, howev('r, are optimistic that these conditions can be anested and

our country':;; environrnent can be rehabilitated. Effective implementation of our count,·y's

various environmental law,:;, recycling, proper waste disposal, and massive reforestation, can

promote such rehabilitation. (:\ianila Bulletin Bditorial, June 17, 2004,}

Let us help foster public awareness about the urgent need to preserve our environment

and our country as the •Pearl of rhe Orient Seas!'

3Sevm·al factor:; haYe been cited as re;;ponsible for the growing threat to planet earth

and, therefore, to human and animal life on it. These include the build-up of carbon dioxide

and methane creating the phenom~~non of the greenhouse effect (due to pollutants from

increased combuEtion fossil fuP.ls. deforestation and burning forests) and the depletion of the

ozone layer which pose the danger of warming up, if not overheating, the earth and exposing

coastal areas to tidal waves wilh the melting of the polar ice, The release of "greenhouse

gase,;;," primarily carbon dioxide from the burning of fossil fuels, traps the sun·.~ heat and

prevents it from radiating hack into space. Scientists have documented an increase in

unreasonable weather, t.emperat.ul'e P.xtremcs, forest tires, altered rainfall and drought

patterns (which disrupt food t-1uppli~~), and <>cvere storms and downpours. The re<:a;;nn for the

latter iB simple: as the atmosphere warms, it accelerates the evaporation ofsurfat(· "·at.;,r;:. It

al;;o expands the air to hold more water. So, when a normal storm occ\as, it re~ult:> in nuJre

intcn!;e rainfalL Warning also accelerates the breeding rates of disease-carrying in~ects.

Overpopulation in developing CO)untries has also affected the envirunme:n. Protection of

the environment is a global issue and every nation is duty·bound to prot~•:t !c.- own. In the

face of drastic disruption~ of weather patte1·ns around the world, global ~-t>operation and

efforts are needed to help solve the growing hazards to the habitability of our planet for all

life forms. It is not hard to forsee the kind of political instahilitv and ;,onaI disorder that can

result from climatic in!;tability. • -

All living creatures, including those found in the seas and oc-eans, are feeling the change in

climactic conditions and are trying to adjust hy moving or migratmg The Earth is reacting to the

weather changes, as seen in the shrinking glaciers. th(' sp'imng cof chunk~ off the Antarctic ice

sheet, and the freak weathet· phenomenon .such as El :\u'lo ar.d La Xiil.a, Fish are becoming

harder to find, their habitats being destroy€d evm1 before tl:ey are old enough to reproduce. The

planet is losing plant and animal spt'('ies at a rate that has nor been seen for eons, World

Environment Day is observed on June 5 of each year as one of the principal vehicles through

which the United Nations stimulatt>!:' wol'lu.wide attention to the importance of sustaining the

environment and enhancing the political actwn to protect its lite-supporting features.

66 TEXTBOOK 0~ THE PH!LIPf>lNE CONSTITUTIOl" ::lcr ;;. 17-20

SEC. 17. The State shall give priority to education, science
and t echnology, arts, culture, and sports to foster patriotism
and n ationalism , accelerate social progress, and promote total
human liberation and develop ment.

Priority to education, science and technology,
arts, culture and sports.

Thi::-; topic is discussed under Article XIV with the above subj ects as
title.

SEC. 18. The State affirms labor as a primary social economic
force. It shall protect thE' rights of workers aud promote their
welfare.

Labor as a primary social economic force.

This topic is discussed under Article Xl ll 1 Social Ju~tictJ and Human
Rights), Section 3.

SEC. 19. The State shall d e velop a self-reliant and independ·
ent national economy effectively controlled by Filipinos.

Self-reliant and independent national
economy.
Section 19 states the Co)n;stitutiona] guidelines in the development of

the economy: economic s!:!lf-reliance, independent national economy, a nd
effective F ilipino control of the economy.

This topic is di1;eussed in detail under Article XII (National Economy
and P atrimony), Section J.

SEC. 20. The State recognizes the indispensable role of the
private sector, encourages private e nterprise, and provides
incentives to needed investme nts.

Rote of the private sector in the economy.

In r ecognition of the jndispens able role of th~ private sector as the
main engine of economic development, tht' S t a t e is ·mandated to encourage
private enterprise and to provide incentives to needed investments, whether
local or foreign. The Constit ution does n'Jt fa vor an economy managed or
controlled by the State. Governme nt is often con.:,idered a poor manager .
Controls breed corruption and discourage business. They play favorites,
thus discouraging those not favored.

Under the principle of subsidiary adoi-'ted by the Cons titution in the
a bove provision, the government should not engage in particular busi ness

Sees. 21-22 ART. II. -DECLARATION OF PRINCIPLES 67
AND STATE POLICIES
State Policies

activities which can be competently and efficiently undertaken by the
private sector unless the latter is timid or does not want to enter into a
specific industry or enterprise. (see Art. XII, Sec. 6.) The government was
not established to engage in bu:)iness. The duty of the State is to make the
economy a system fot free and private ente1·prise with the least govern-
ment intenention in business affairs.

This topic is discussed fully under Article XII (National Economy and
Patrimony), Sections 1, 2, 6, 10, 16, 17, and 18.

SEC. 21. The State shall promote comprehensive rural dev-
elopment and agrarian reform.

Comprehensive rural development
and agrarian reform.

"Comprehensive rural development" covers all phases of rural develop-
ment- economic, social, political, cultural, and even industrial.

This topic is discussed under Article XIII (Social Justice and Human
Rights), Sections 4 to 8 and Article XII (National Economy and Patrimony),
Section l.

SEC. 22. The State recognizes and promotes the 1·ights of
indigenous cultural communities within the framework of na-
tional unity and development.

Rights of indigenous cultural
communities.

As used in the Constitution. the term "indigenous cultural communi-
ties" refers to those non-dominant groups1 in our country which possess
and wish to preserve ethnic, religious, or linguistic traditions or character-
istics markedly different from the rest of the population.2

Section 22 recognizes constitutionally the existence and the rights of
the indigenous cultural communities. It directs the State to promote their
rights within the framework of national unity and development. Thus, the
State is bound to consider the customs, traditions, beliefs and interests of
indigenous cultural minorities in the formulation and implementation of
state policies and programs. In a multi-ethnic society like ours, the above

'They c:onsist of about sixty-three (63) ethni~· or tnbal gToup;; scattered throughout the

country from Batanes inhabited by lvatan tribe; lii Saranggani inhabited by Samals. About
half of the members of these tri~al group;; lu:>lon.,: :v :hE' )lu;;lirn group that dominates the
provinces of Cotabato, Lanao, ~uln. Zamb•langa. and Basilan.

2See Committe,; on National Integration Report :\o. 1, Annex B-1, p. 1, Feb. 2, 1972,
1971 Constitutional Convention Se~ Pre;;ide:mial Denee No. 1414 (June 9, 1978).

68 TEXTBOOK ON THf<) PHTUPPI.NE CONSTITUTION Sees. 23-24

provisi on i~> necessary in promoting the goal of national unity and devel op-
ment.3(see Art. XVI , Sec. 12.)

Under the provision, the government may even enact laws especially
for them taking into account their customs, traditions, belie fs, and intel·-

ests.4

SEC. 23. The State shall encourage non-governmental, com-
munity-based, or sectoral organizations that promote the wel-
fare of the nation.

Non-governmental, community-based
or sectoral organizations.

The State is required to encourage these organizations because recent
events have shown that, under responsible leadership, they ca n be active
contributors to the political, social, and economic growth of the country. It
should r efrain from any actuation t hat would tend to interfere or subvert
the rights of these organizations which in the words of the Constitution are
community-based or sectoral organizations that promote the welfare of the
nation.

This topic is discussed at length under Article XIII (Social Justice and
Human Righb; ), Sections 15 and 16 which categorically state the role and
rights of people's organizations as vehicles to enable the people to part.ici-
pate and intervene meaningfully and effective ly in decisions which direL"tly
affect their lives.

SEC. 2'1. The State recognizes the vital role of communica-
tion a nd information in nation-building.

·'The Phi li ppinns, perhaps owing lto its >t r<" hi p~lngic n ature, is as di vc.· r~t> a,; >~nv n at io n in

the world. With several linguist ic ~roups, it h as a significant n umber of indigE'nou s peoples.
In Mindanao, for ;..xample, th(' indigen ous peoples are collective>ly called .~um ad.< meaning
"horn of the earth." Asidt! from them. thi>rc are other l!thno-linguistic ~r,)uf." if' th(' \"•s ay<ts
and Luzon, with the m'JSt po pu\ou~ being th e pe-ople Rof the Cordillc:ra wh._ :\re also cl i~>tri b­
uted into v;tr ious subgroups. As a ~roup . 1he indigenous com m umti es a r~ pc>lirically 11nd
economically marginalized, a condition that can be attr ibut"d tc: a host of factors , not the
least. of which is thei r lack of access to the :<ervice> re-q uired for their mate ri al sun·ivnl and

the improvement nf thl'\ir quality of life.

'Thus, in line with the national polil:y to faci!it<I.H: the integration •>f the members of

indigenous cultural nH:llmunities and accelerate- the d •' \ ,•lo pMent of the areas occupied by
them, the Civil Scrvicn Commission is require d by !a" •..:· j,!i·.-., special civil service examina-

tions to qu alify them fur 11ppointmcnt in the civil tierv irc · Pres. Decree No. 807, Sec. 23; see
Pres. Uet:rees No. H32 t~ nd 1125.) Consistent a lso wi th the spirit of t he constitu t ional
provision, t he "Code uf M•Jslim Personal Laws of the Philippines" re~'Ognizes the Rystem of

Filipino Muslim lnws, c:odifies Muslim laws, and provides for its itdministration among
:.\1u~lim!:l. (J'res. Decree No. 1083, F(\b. 4, 1977.) R.A. No. 837 1 !Oct. 29, 1997J, known as the
Indigennus Peoples Hight.!:' Act of 1997 i_IPRAI, protects and promotm.; tht~ rights (particularly
over their ance;o tral lands in communal (,wne rship) of indige nous cultural communities and

crcat~s the National Co oun i!<>~ion on Ind igt>nous People.

Sees. 25-26 ART. IJ.- DECL.-\RAT!ON OF PRIN CIPL}:S 69
AN D STATE POLICH~~
S t at e Polici~>

Vital role of communication and information
in nation-building.

Communication and information , a~ U!-;t'ld above, include n ot only print
or broadcast media (radio and television) bu t als o motion pictures , adver-
tising, cabl e, tele phone and teleg•·aph. 1 Those mean~ of communication
designed to gath er a nd convey ne\\'S or inform ation to the public are called
P.J.jlf?.S. Tf~ because th ey reach the mass of the people. (see Art. XVI, Sec.
· 11[1]. ) That t hey play a critical role in nation-building is very obvious .

(1 ) Form ation of an enlightened c:itizenr:y. - Mass media ~h ape peo-
ple's thoughts and beliefs , their attitudes and va lues. In a country like the
Philippines composed of people with diverse cultures, they can be an effec-
tive instrument in promoting nat iona l integration and preserving Filipino
values and t raditions. By educating the citizenry on important pubHc is-
sues, they also he lp create a s trong, vigilant and enligh tened public opin-
ion so essential to the successful opera tion of a t'epublican democracy.

(2 I Promotion o(efficienc,'}' and economy in government. a.nd business. -
In fo r mation and comm unication can be used to li nk our geographically
dispersed population and help effect fas ter delivery of educational, medi-
cal, and oth er public services in remote areas of the country. In a ny
organization , ready information maximizes int~rnal elfkiency. Partjcu-
larly in busi ness, il reduces cost of production and services.

(3) Developm ent of society. - On the mater ial side , it is diffic ult to

im agine a progressive country, in today's wn-:-ld of hi gh -tech computers ,
internets, cyherc;pace and informat.ion highways, vvith antiquated commu-
nication a nd information structures. In the l f.Li>t few years, the world ha s
witne ssed a steady stream of technological progress in this fie ld. The
Philippines must keep abreast of communicaLion innov·ations but a t t he
same time be selective and discriminating Lo insure t hat only t.ho~:~e "suit-
a ble to the needs a nd aspira t ions of th e nation" !Ibid.; Sec. 10.) Hrr. adapted.
Utilized and m nnap.;ed wise ly and e fficiently, communication and informa-
t ion are very u~;eful tools for the fH.:onomic, social, cul tural and political
develcpment. of society.

SEC. 25. T he State s hall ensur e the autonomy nfloc~I go,·ern-
m ent s .

Autonomy of local governments.
T his topic is discuss(~d in Articl e X (Local Gr.n·ernmr.nt l.

SEC. 26. Th e St ate sh all guarantee equ a l access to opportu-
n ities for public serv ice, and p rohibit political dynasties a s may
be defined by law.

11'elecommunication companie:; that me rt> ly sl'ne all carriers lor tnm!'mitting spl:'cific
messngcs to sp ecific addressees (.IT reci p ient~ a re public u tili t.ies (Art . XII. Sec. 11. l, m •t ma ss

media.

7() TEXTBOOK ON THE PH I LIPPT~ E CONS TITCT I ON Sec. 26

Equal access to opportunities
for public service.

This topic is discussed under Article VI (Legjslat.ive D~partment),
Sections 4, 5, and 7 and Article X (Local Governmen ti, Section 8. Addition -
ally:

(1) Limitation of terms of office. - The provisions li miting the ter ms of

offi ce of elective officials (President, Vice-President, Senators , Representa-
tives, and local officials) enha nce equal access to political opportunities
although they ma y not completely do a way with the evils s pawned by
political dynasties that proliferated i.1. th e country in the past. With his
political and economic r esources, an elective official can have a close kin or
trusted foll ower run for the same position and continue to exercise control
through the latter. Hence, the need for a declaration expressly prohibiting
political dynasties.

(2) Prohibition of political dynasties. - The constitutional policy on
the prohibition of political dynasties expresses a national commitment to
democratize election and appointment to positiuns in the government and
eliminate a principal obs tacle t o "equal a ccess to opportunities for public
ser vice." It is not uncommon to have most of the top e lective positions in a
province (or city l down to the barangays occupied by one family and close
relatives of t he fa mily members. Politicia ns form husband-wife teams, or
father-mother, son -daughter t eams and hold to elective posiLiC'ns for dec-
ades. The dominance of political fa milies in the past not only kept more
deserving but poor individuals from running or winning in elections; it also
enabled powerful a nd affluent politicians to corner appointive po~itions for
their relatives and foll ow ers as if th ey alone are gifte d with the ability to
serve the country .1

(3) Prohibition con stitutionally m andated. - Th e law imp lem en ting
the constitutional policy shall define what constitutes political dyna3ties ,
having in mind the evils sought to be e t·adicated an d the! nted to ins ure the
widest possible hase for the se lection of elective go\·ernment officials re-
gardless of political, economic. and social status. Xo~e that the State is
expressly mandated to prohibit "pol i~ ical dynasti es:· Congr e::;~ ha:s no dis-
cretion on the matter except merely to spell out the meaning and scope of
the term.

1'fhe m ulti-party system (see Art. IX·C, Sec. 6 .J is designed not only to guarantee wider
access to opportuni ties for public s cr·vicc but it is also mea nt t o do away with politica l
dynasties as en uncia ted in Section 26, togeth er with th e te rm li mits impose d lik ewisP. by the
Constitutio·n on elective public officials. (sec ArL. VI, Sees. 4. 1: Art. VII, Sec. 4; Art. X, Sec.
8.) As n oted above, h owe ver, the membe rs of the political clan , because cflh eir political clout,
are th e ones who get elected, and those who a r A not elected, get a ppoi n ted to h igh positions in
the nalional government.

Sec. 27 ART. ll.- DECLARATION OF PRlNClPLES 71
AND STATE POLICIES
State l'olicie~

SEC. 27. The State shall maintain honesty and integrity in

the public service And take positive and effective measures
against graft and ~o.rruption.

Honesty and integrity in public
service.

( 1) The perennial problem of graft and corruption. - In the Philip-
pines, every new administration since the postwar period has made a
pledge to eradicate graft and corruption in government. The popular per-
ception, however, is that this baneful ill has become more rampant and
sophisticated through the years. To be sure, the above provision was
incorporated in the Constitution because of revelations of "unprecedented
magnitude" of graft and corruption allegedly perpetrated by officials in the
highe~:;t drcle of the government during a previous regime.

(2) Ways to attach problem . - The malady of graft and corruption must
he eliminated or at least minin1ized to a tolerable degree because of the
staggering amount of public money that has been lost through it. What is
needed is moralleadet·ship by example on the part of the top officials in the
government and a continuing, uncompromising, well-coordinated campaign
against all forms of dishonesty and venality in the public service which
have considerably slowed down thE: socio-economic progress of our country.
Having honest Presidents with the best of intentions is nni enough to
reduce corruption to minimal proportion. This perennial problem cannot be
solved by mere empty promises and congressional inquiries, but by prosecut-
ing without fear or favor and putting behind bars so-called '"big fishe s'' found
to be involved as concrete examples of the government's determin a tion to
achieve decency in the public ::;ervice.

Any campaign against this scourge of society will be made more effec-
tive if accompanied by a morality cru~:;ade. 1

(3) Need for honesty and integrity in public: service. - The ful fillment
of the constitutional mandate will go a long way in strengthening the

'Exec. Order No. 314 (April :10, 2004), a~ a mended by Exec. Order N o. 317 >June 8, 2004).
crea tes th~ Prc»idential Commi!!!don on Va lues Formation (PCVF), ht-tlderl h.\' the l'n~sident
as Chairper;;on . The PCVF "!'lhall serv<! a!; the lead agency by '~hich tho: governmt>nt may
work haud-in-hand wi th ~:ivil ~ocie ty 1md the privat.e sector in Lh<: c:-:t,~ l)li- lmH:nt of a strung

foun dation fnr moral value formation in the government burP<HH:racy. It ;;hall coordinate
with and support n on-go,·(:rn mcnt.al nrg:ltlizations i NUO~ i and th e pnvatr. sector in th<!

effort to <!r::tdica te from the governnum t hureaucracy. evP.ry fu.-m or manner of gr11ft and

corr uption, patronage, pvlitics, apathy, pa~;sivity, m ~mdi.:an cy. factionalism and lack of
patriotism and to replace the same with honest public s en·ic~; and lo ve of country." The PCVF
is tmnsformed into an Ad Hoc Council on Values Formation ;AHCVFi with the President as
Chairper.~«m and t.he Secret.ary of Education !1~ Vice-Chairperson. The rest of the member-

ship (who shall ret.ain their character a:> privat<· citizens withnut government remuner11tion J
of th e Cou ncil shall be compo~ cd of lay leaders as invited by the Presidt:mt. (Exec. Order No.

:l47, July 11, 2004. I

72 TEXTBOOK ON THE PHILI PPINE CONSTITUTION Sec. 28

people's trust in the government and its leaders. It will also ensure the
efficient use of t he meager resources available for national development.

This topic is furth er elaborated under Article XI (Accountability of
Public Officers), Sections 1 and 2.

SEC. 28. Subject to reasonable conditions prescribed by law,
the State adopts and implements a policy of full public disclo-
sure ofall its transactions involving public interest.

Full disclosure by the State
of all its transactions.

(1) Duty of the State. - Section 7 of the Bill of Rights tArt. Ill.)
guarantees the people's right of information on matters of public concern
and access to records pertaining to official transactions of the governme nt.
On the other h and, Section 28 requires the State to make public its trans-
actions without demand from individual citizens. It s tresses the duty of the
State to release the information.

( 2) Transactions covered. - The policy covers all State transactions
involving public interest, i.e., transactions which the people have a right to
know particularly those involving expenditures of public funds. The law,
however, may prescribe reasonable conditions for the disclosure to guard
against improper or unjustified exercise of the right. The policy will not
apply to records involving the security of the State or which ar'-! confiden·
tial in character. (see Art. III, Sec. 7.)

The policy of full d iclosure is in line with the constitutional mandate of
an open, accountable and transparent government. (see Art. VI, Sees. 12.

17.>f'Y'.--:'116[4~ 2D;Ar.t/VII, Sees. 12, 13[par. 1), 20; Art. IX, D-Sec. 3; Art. XI, Sec.
!v .

-- oOo-

Article Ill

BILL OF RIGHTS

Concept of a bill of rights.
~Jilll.Jlir.ig}J!Ji_may be defined as a declaration and enumeration of a

pcr~nd privileges which the Constitution is designed to protect
agamst violations by the government, or by an individual or groups of
individuals. It is a charter of liberties for the individual and a limitation
upon the power of the State.1

Its basis is the social importance accorded to the individual in a demo-
cratic or republican state, the belief that every human being has intrinsic
dignity ~.nd worth which must be respected and safeguarded.

The new Constitution incorporates in Article Ill all the basic rights in
the former Charter. It also awards new rights to the individual. (see Sees.
8, 11, 12, 13, 18[1], 19.)

Classes of rights.
The rights that a citizen of a democratic state~enjoys may be classified

into:
(1) Natural rights. -They are those rights possessed by every citizen

without being grantea by the State for they are given to man by God as a
human being created to His image so that he may live a happy life.
Examples are the right to life and the right to Jove;

(2) Constitutional rights. -They are those rights which are conferred
and protected by tne Cot'iStitution. Since they are part of the fundamental
law, they cannot be modified or taken away by the law-making body; and

(3) S,tatutG•ry rights. They are those rights which are provided by
laws promulgated by tne law-making body and. consequently, may be
abolished by the same body. Examples are the right to receive a minimum
wage and the right to adopt a child by an unrelated person.

'See 1 Cooley 534-535: 3 Black, Constitutiona! Law. :3rc.l ed, pp. 9-10.

73

74 'T'EXT BOOK ON THE PHILTPPI:-.E CONSTITUTION

Classification of constitutional rights.

The human rights secured hy the Constituti on include social and eco-
nomic rights not just political and civi I rights. They are as follows:

(1) Political rights. ··- They are such rights of the citizens which give
:-----...,...._

them tne power to participate, dir ectly or indirectly, in the establishment
or administration of the government.2 Among these rights are the right of
citiz enship (Art. IV.), the right of suffrage (Art. V. ), and the right to
information on matters of public concern (Sec. 7. );

(2) ()uil 1jgl]J.s. -They are those rights which the law will enforce at
the insta;-ceof private individuals for t he purpose of securing to them the
enjoyment of their means of happiness.;; They include the rights to due
process and equal protection (Jf t he laws (Sec. 1. ); the rights against invol-
untary servitude (Sec. 18f 21.) and imprisonment for non-paymE.>nt of debt or
a poll tax (Sec. 20 .); the constitutional rights of the accused I Sees. 11 to 22);
the social and economic rights (in.f'ra .J; religious freedom t Sec. 5 !: iiberty of
abode a nd of changing the same (S('<.:. 6. >:and the right again:;t impairment
of obligation of a contract . (Sec. 10.)

F reedom of speech, of expression, or of the press, the right of assembly
a nd petition, and the right to form associations (Sees. 4, 8.) a re likewise
civil rights. However, they partake of the nature of political rights when
they are utilized as a means to participate in the government;

(3 ) Social and economic rights. -They include those rights which are
intended to insure the well-being and economic security of the individu~ll.
The right to property (Sec. 1.) and the right. to just compensation for
private property taken for public use lSec. 9.) belong more appropriately
under this third category of r ights. They are also provided in the articles
dealing with the promotion of social justice (Art. XIIU, the conservation
and utilization of natural r(~sources (Art. XII, Sec. 2. ), and the promotion of
education (Art. XIV, Sees. 1. 2, 5[ 4, 51. ), :>cience and technology (Ibid., Sees.
10-13.), and arts and culture. ([bid., Sees. 17. 18.)

Political and civil rights can have meaning only if co ncrete mt>asures
are taken to breathe life and substan~e t.o social and economic rights which
include cu ltural rights;4 a nd

(4) Rights of the accused. - They are the (civill rights intended for t he
protection of a person accused of any crime, like the right against unrea-

'-V<•ra v;.. Avclino, 77 Phil. 221.
'lMalcolm & Laure l, op. r:it.• il· 378.
4The concept of human rights do:Js not mere ly involve pol itu~i!l concerns but also encom·
passes social and economic liberties or what advocates call "positive liberties" such as the
right to healt h care, education, sholter, and food, a nd other basic ;;ocial se rvices which
require concrete action Rnd measures on the pa rt of the government e,;pecially amid t he high
incidence of po\- ert.y in our country. (see Art. II, Sees. 9- J 1. > They arc as important, a nd in
some cases, even mort~ crucial than the other rights as thE.>i r long sta nding non -ob»erva nce
may bring about social unrest and political instability. if not violant r adicalism or revolution-
ary conditions.

ART. III. - BILL OF RIGHTS 75

sonable search and seizure, the right to presumption of innocence, the
right to a speedy, impartial, and public trial, and the right against cruel,
degrading, or inhuman punishment. The provisions (Sees. 11 to 22.) par~
ticularly and directly dealing with these rights are discussed subsequently.

State authority and individual freedom.

(1) State, an instrument to promote both individual and social welfare.
- The State, as an organization, exists to promote the happiness and
welfare ofboth the individual and the group of which he is part. It is not an
end by itself for the glorification of which the life, libe·rty, p1·ope1·ty, or
happiness of tl}e individual may in all cases be sacrificed. Neither is it a
means for the realization of the best life only by the individual for which
the group may at all times, if necessary, be staked.s LiberJ.y_.is....a...bJessing
wi~ll.().!:!.L:Whi_cl! Iif~ is a _rn~s~, bl!L~h9.t11<l not...be madf._t.I.LPl'ev.aiLover.
~~t)lorityH because then. soci~ty .wilLfalLinto anarchy.'; The doctrines of
[gis.sez faire and of unrestricted freedom of th!i! individual, as axioms of
economics and political theory, are of the past."'

The State in modern times is an instrument to enable both the indi·
vidual and society together to attain their greater happiness, progress, and

welfare.~

(2) Conflict between individual rights and group welf'are. - Conse·
quently, in some cases, the individual must yield to the group; and in other
cases, the group to the individual. It is for this reason that the Constitution
creates a domain of individual rights and liberties, which ilprotected from
encroachments whether by individuals or groups of individuals, and even
by the government itself. For the same reason, the Constitution provides,
expressly or impliedly, that i11 certain cases, when demanded by the neces·
sity of promoting the general welfare of society, the government may
interfere with these rights and liberties.9 (see Sec. 9.)

'#The people must be strong enough to maintain its control over the
gOvernment and the government must be strong enough to maintain its
existence and protect the interests of the people.

(3) Role of judiciary - How far, consistently with freedom. may the
rights and liberties of the individual be subordinated t<t the will of the
government is a question which has assailed the very exi:-:tP.nce of govern~
ments from the beginning oftime.10 The effective balanri:-1!; of the claims of
the individual and those.of the community is the essence. or the indispen~
sable means for the attainment of the legitimate aspirations of any demo~

SJose M. Aruego, Phil. Government in Actiun '1962 ed. '· p. 81.
6Calalang vs. Williams, 70 Phil. 720.
7Rubi vs. Provincial Board, 39 Phil. 660
~Jose M. Aruego, op. cit., p. 81.
9lbid.
10Rubi vs. Provincial Board. 39 Phil. 660.

76 TEXTBOOK ON TH~; PHILIPPINE CONSTITUTION Sec. 1

cratic society. There can be no absol ute power whoever exer cis es it, for t hat.
would be tyranny; yet there can neither be absolute liberty for that would
mean license and anarchy. 11

On the judiciar·y, in appropriate cases, r ests primarily this all impor-
tant duty of balancing the interes ts of the indivi dual and group welfare in
the adjudication of disputes that is fai r and just to the parties involved and
beneficial to the larger interests of the community or the people as a whole.
In the exercise ofth~ power ofjudicial review (see Art. VIII, Sees. 4, 5.), our
courts, ultimately the ):iupr~me Court, act as arbiters of the limits of
governmen tal powers especially in relation to individual rights.

.'t1.&~

SECTION 1. No person sh all be deprived of life, liberty, or
property without due process of law, nor shall any person b e
denie d the equal protection of the laws.

Meaning of due process of law.

Under the Constitution, a person may be deprived by the State of his
life, liberty, or property provided due process of law is obse rved.

But what. is meant by due process of law'? No exact definition has been
given to the expression , the r eason being that t he idea expr essed therein is
applicable under so many diverse conditions as to make a ny attempt a t
precise definition im possible. F or our purpose, however, we can safely say
that any deprivation of life, liberty, or property by the State is with due
process if it is done I Jl under the a uthority of a law that is valid (i. e., not
contrary to the Con stit ution) or of t he Con ~titution itself, and (2 ) afte r .
compliance with fair and reasonable methods of procedure prescribed by
law.1

Aspects of due process of law.

Due process of law has, therefore, a two-fold aspect, namely:

n(1 ) E_rocedural due process which •·efers to the method or manner by

which the law is enforced. requires, to paraphra~e Da niel Webster's
fam ous def~nition (in his a rgument in the Dartmouth College case, 4 Wheat
518.), a procedure "which hears before it condemns . which proceeds upon
inquiry, and renders judgment only after trial.'"An indispensable requisite
of this aspect of due process is the requirement of.!}.Q.tic~ .anc:l hea.r.i1.1_g; and

(2) §.!!bstantive due process which req uires tha t the law itself, not
merely the procedures by whfchthe law would be enforced, is fair , reason-

"Ichong, et al. vs. H ernandez, et al., 101 Phil. 1155.
' De Leon and De Leon, Jr., The F undamentals ofTaxat.ion, 2004 Ed., p. 26.

Sac. 1 ART. Ill. -BILL OF RWH'I'S 77

able, a nd. just. In other words, no person shall be deprived of his lifE',
liberty, or property for arbitrary reasons or on flimsy grounds.

Thus, not only what m ay be done by any government age ncy but also
how it may be done should satisfy the requirements of due process in order
to. ··make the deprivation valid under the Constitution. It is only in a
totalita rian state that an individual may be punished for a crime or de-
prived of the enjoyment of his rights at the pleasure or whim of "one in
authority" because the principle of the rule of law (see Int r oduction-B .) is
not observed .

Procedural due process.

(1) In judicial proceeding::;. - For the most part, procedura l due proc-
ess h as its application in judicial proceedings, civil or criminaL It requires:

(a) An impartial court clothed by law with au thority to hear and
determine the matter before it;

( b ) Jurisdiction lawfully acquired over the person of the defendant
or property which is the subject matter of the proceeding;

(c) Opportunity to be heard given the defendant; a nd

(d ) Judgment to be rendered after lawful h earing.2

.Thus, there is a denia l of procedural due process where an accused has
been charged with an offense (e.g. , theft) and convicted of anothera (e.g.,
robbery).

Of course, the plaintiff h as a lso a right to be given opportunity to he
heard on his claim.

(2 JJ n administrative proceedings. - Due process, however, is not
always judiciai proce ss. In certain proceedings of an a dministrative char-
acter ,4 notice and hearing may be dispensed with, where because of public
need or for practical reasons, the same is not feasibl e. -Thus, an offender
may be arrested pending the filing of charges, or an officer or employee
may be suspended pending an investigation for violation of civil service
rules and regulation.

It is sufficient if opportunity is later given to the individual adversely
affected to test the validity or propriety of the administrati\'e action on
appeal to superior administrative authorities or to the court. or both.

2See B11nco Espaiiol vs. Pala nca, 37 Phil. 921: Lorenza n <~ v;::. Cayetano, L-37051, Aug.

31, 1977.
~sec P~ople vs. Abad Santos, 78 Phi l. 774.
4J.udicial proceedings arc those that are conducted hefurt~ cnur t s ofjustice, wh.ik.admifl ·

.i.stratil.ie prpceediru:s arc 'hose that are heaTd by bodies, agencies, or offices (e.g., National

La bor Relations Commission, Securitie:o and Exchange Commission, etc.) under the Execu-
tive Department or by the independent. G<>m;titut.ional Commission!! lsee Art. lX.), which aro
empowered to render decisions or judgm ~ nts' in appropriate cases falling under their raspec-
tive jurisdictions.

78 TEXTBOOK ON THB PHI LIPPINE C:ONSTITl !TI ON Sec. 1

Substantive due process.

Viewed in its substantive aspect, due process of law requires that the
law in question affecting life, liberty, or property be a valid law, i.e., within
the power of the law-making body to enact and is reasonable in its opera-
tion.

(1) Thus, a tax which is imposed for a private purpose constitutes a
taking of property without due process as it is beyond th~ authority of the
legislature to levy. (see Preamble .) There is still a denial of substantive due
process even if the law provides for a notice and hear ing in the assessment
and collection of the tax. The reason is that tax can be imposed only for a
public purpose (e.g., construction of public school buildings, promotion of
science, payment of salaries of government officials and employees, etc.).

(2) Likew)se, the taking of property for private use or without payment
of just compensation offends substantive due process. (see Sec. 9, infra.)

Persons protected.

The term "person" in the above constitutional provision embraces all
persons within the territorial jurisdiction of the Philippines, without re-
gard to any differe nce of race, color, or nationality, including aliens.

~Private corporations, likewise, are persons wi thin the scope of the
guarantee in so far as their ,property is concerned .5 But not municipal
corporations (local governments) as they are mere cr eatures of the S t ate .fi

Meaning of life.

..Lite, as protected by due process of law, means something more than

mere animal existence. The prohibition against its deprivation without due
process extends to all the limbs and faculties by which life is enjoyed.1

Meaning of liberty.

Lib.er.tJ', as protected by due process of law, denotes not merely freedom

from physical restuint (e.g. , imprisonment). It also embraces the right of
man to use his fac ulties with which he has been endowed by his Creator
subject only to the limitation that he does not violate the law or the rights
of others.

Liberty is not license or unlimited freedom to. act accor ding to one's
will. Thus, one may enjoy the liberty of speech, but he could not use it to
urge the overthrow of the government, or to defame a nother.

~smith Bell & Cn. v !;. Natividad, 40 Pt.il. 137.
6See Yick Wo. v;;.. Hopkins, 18 U.S . 3515.
'Munn vs. lllinois, 94 U.S. 13a.

Set·. 1 ART. lli. - BILL OF RIGHTS 79

Meaning of property.

ProP.§rty, as protected by due process of law, may refer to the thing
itsetf or to the right over a thing. The constitutional provision, however.
has reference more to th(l rights over the thing. It includes the right to own,
use, transmit and even to dcstt·oy, subject to the right of the State and of
other perso ns.~

What c·onstitutes deprivation .

-----. ---- --. •____.w_ "' --..__~_
What the Constitution prohibits is the deprivation of life, liberty, or
property without due proce~s oflaw.

( 1 ) Depr~uation nf life. - It refers not merely to the extinction of
human existence It include$ the loss of any of the various physical and
mental attributes (e.g., limbs, oyes, brain, power of reproduction, etc.)
which man must have to live as a human being. To be sure, some people
would prefer death to living without eyesight or as a bedridden invalid.

(2) Deprivation of' liberty. -To constitute deprivation of liberty, it is
not necessary that aftrson be detained or confined. Liberty need not be

lost in its entirety. To the extent that one is unduly prevented from acting

the way he wishes to do, there is a diminution ofliberty. For example, a law
which requires every parent to send their children only to public schools is
unconstitutional as an unreasonable restriction on the tiberty ofparents to
direct the education of their children under their control. Such a law
deprives the parents of their liberty without due process oflaw. (see Art. II ,
Sec. 12, supra.)

(3) Deprivation of property. - With reference to property, it is not
Mcessary that it. be physically taken away from one entitled to it..-lffere is
also deprivation, when its value is destroyed or its adaptability to some
particular use, or its capability for enjoyment is impaired. Thus, there is
dP.privation of property without due process of law where the O\':ncr is
constrained to devote it, wholly or in part, to public use without compensa-
tion, as where carriers are required to furnish free transportation of per-
sons or goods under certain circumstances, or \•.•here the value of an exclu-
sive franchise (see Art. XII, Sec. 11.) is destroyed by government competi-
t i o n . (•

Meaning of equal protection of the laws.

Equal protection of the laws !:iigni5es that "all per~on s subject to legis-
lation shoukl be treated' aliki; under like circum stances and conditions
both \n t he privileges conferred and liabilities imposed .··::

~see Malcolm, Phil. r.onstitutional Law, pp. 324-:l:<>:-
~Black. Constitutional Law, 3rd cd., pp. 577-575. T~;norio ,·s. !vlanila Railroad, 22 Phil.
411; see Art. III, Sec. 9; Art. XJI, Sees. 3, 17, and lb: An. XIII, Sees. l, 4, and 9 which, among
other~> consti tutionally limit the right to su bstan~ivc due proce:i<!> in property.
'~'1 Cooley 824-825.

80 'l'EXTBOOK ON T HE PHILIPPINE CONSTITUTION Sec. 1

The gua·rantee does not require that persons or things different in fact
be treated in law as though they were the same. Indeed, inequality will
result if the law will treat them alike as when different net incomes (e.g.,
PlOO,OOO and PlO,OOO) are taxed at the same amount. What it prohibits is
class legislation, which discriminates against some and favors others whe n
both are similarly !'iituated or circumstanced. Thus, for example, a law
imposing professional tax of PlOOon lawyer s (or any profession) residing in
Manila and P75 on lawyers residing outside Metro Manila is within the
prohibition as it is patently discriminatory and unreasonable, since they
are still "similarly situated," their places of residence being totally irrel-
evant to the amount of tax that Hhould be paid.

Reasonable classification permitted.

Where there arc reasonable grounds for so doing, persons or their
properties may be grouped into classes to each of which special legal rights
or liabil ities may be attached. 11 No violation is committed as long as the
classification is .reasonable, not .atibitrary or capricious. Thus, t here is no
denial of the protection where under the law -

(1 ) foreign corporations are made to pay higher amount of taxes than
that paid by domestic corporations;

(2) certain professions (e.g., su mo \vrestling) are limited to persons of
t he male sex;

(3) certai n privileges for leaves and shorter hours of labor extended to
women (by reason of the physical structure and maternal functions of
women) a re not extended to men;12

(4) preference is l{iven to Fj]ipino citizens las against aliens) in the
lea se of public market stalls;1a

(5) different professions are taxed at diff~rent amounts;14 and

(6) employment in factories of children under designated ages is pro-

hibited. 1~

Scope of the guarantee.

(1) The prohibiti on contain ed in the guarantee of equal protection (and
due process of lawJtr. is a restraint on all the organs of the government and

1:3 Willoughby 1937.
:2 12 Am. •Tur. 177-178.

i:JCo Chiong vs. Cuadcrno, Ha Phil. 242.

1 'Se ~ R.A. No. 7160 (Local Government Code}, Sections 139, 151.
1~Pres. Decree No. 442 (Labor Code of th e Philippines I. as amended, Article 13.
16lo many cases, laws which have been held invalid as denying due process oflaw have ah;o
been held All denying equal protection ofthc laws or r;ice L'er.~a. Both guarantees provide for broad
standards of fairness but where th~ arbitrary gov<!rnmental action takes the form of un war-
ranted partia lity or undue favoritism, it is more appropriate to impugn such act on the ground of
denial of equal protecti()n. I see 3 Willoughby 1929. l

Sec. 2 ART. III. - BILL OF RIGHTS 81

on the subordinate instrumentalities and subdivisions thereof, and on the
t hree inherent powers of governments, i.e., police power, taxation, and
eminent domain;17 (infra.)

(2) The guarantee is available to a11 persons. Aliens are thus includPd;
so are pl'ivate corporations in so far as their property is concerned. 18 But
r.n_unicipal corporations, being a creature of the State, cannot invoke the
protection;

(3) ILdoes. rurt._exteruLt.o..righis...w.hich J'l.I:.~....mU.itiC~ The State is not

prevented from restricting the enjoyment of political privileges (e.g., right
to vote) tO such classes of i tl'l citizens as it may see fi t; and

(4 ) It is also not intended to enforce social equality. While all persons
are equal in worth, they are not equal in all things, (see Art. XIII, Sec. 1.)

SEC. 2. The right of t h e people to be secure in their persons,
houses, papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose shaH be invio-
lable, and no search w arrant or warrant of arrest shall issue
exce pt upon probable cause to be determined p er sonally by the
judge after examination under oath or affirmation of the com-
plainant and the witnesses be may produce, a nd particularly
describing the place to be searched and the p ersons or things to
be seized.

Meaning of search warrant and warrant
of arrest.

(1) A search warrant is an order in writing, issued in t h e name of t_he

-People ofth.e Phil!pptnt~s, signed by a judge and directed to a ·peace officer,

commanding him to s earch for certain person al property and bring it M ore
t he court.1

(2) If the command is to arrest a person designated, i.e., to take him
into custody in order that he may be bound to answer for the commission of
an offense, the written order is called.-u~r..qnt o{arrept.2

Scope of the protection.

( 1) . ?ersons. -The protection applies to everybody, to citizens as well
as aliens in the Philippines, whether accused of crime or not. Corporations
are also entitled to the protection.

17People vs. Vera, 65 Phil. 56.
1~S mith Bell v!:l. Natividad, 110 Phil. 136. (see 3 Will oughby \929.)

1See Rules of Court, Rule 126, Sec. 1.
¥See Ibid., Rule 113, Sec. 1.

TEXTBOOK ON THE PHILIPPINI<~ CONSTTTUTION Soc. 2

(2) Houses. - - The protection is not limited co dwelling houses but
extends to a garage, warehouse, s hop, store, office, and even a safety
deposit vault.a It does not extend, however, to the open spaces and fi~ld.~
belonging to one.4

(3) Papers and effect. - They include sealed letters and packages in
the mail which may be opened and examined only in pursuance of a valid
search warrant.:>

When search and seizure unreasonable.

In general, all illegal ~earches a nd seizures are unreasonable while
lawful ones are r easonable. A sea rch or seizure ma de without a search
warrant is not necessarily illegal , and one made under a search warrant is
not necessarily legal.

What constitutes a reasonablf! or unreasonable search or s~izure in any
particular case is a _purel~icial question (i. e., only courts are empow-
ered to r ule upon), determinable from a consideration of the circumstances
involved.

""Requisites for valid search warrant
or warrant of arrest.

They are:

q) lt must be issued upon probable cau~e;

(~l The probable cause must be determ ined per!'lonally by th e judge
himself;fi

(3) Such determinatio n of the exjstenct- c.f probable cause must he

macte after examination by the judge of the com p!ai na nt and the witnessr>s

he may produce; and ·

(4) The warrant must partit:ula rly describE- th e place to be :::earched,

and the persons or things to be seized.

The law prohibits the issuance of a seal'ch warrc.nt fur more than one
:specific offe nse.7

356 c..J. 1166.

' He::.t cr ,., .Un ited States. 205 U.S. 57.
'•Ex Parte Johnson, 96 U.S. 727; sec Sec. all).

';Only the judge C!lll validly determine the existence of probable cause for the issuance of

a war ran t of a rrest or search warrant and he must $0 det.e:-mine per;;onally.
7Rules (If Court, Rule 126, Sec. 3. Such a s for "illegal traffic of narcotics and contraband''

which is a generic tf'rm covering all f{Oods exported from or imported into the country
contrary to a pplicable f;latntes. N't~cessarily' t hen, more tha n one o ff~nse could arise from the

activity designated. (C•1stro vs. P;lba.lan, L-281i42, April 30, 1976.)

ART. III. - BILL OF RIGHTS 8 :~

Meaning of probable cause.

By probah~ Cf4M~Ke is meant such facts and circumstances antecedent to
the issuance of a warrant sufficient in themselves to induce a cautious man
to rely upon them and act in pursuance thereof.8

It·presupposes the introduction of competent proof that the party against
whom a warrant is sought to be issued has performed particular acts, or
committed specif'ic omissions, violating a given provision of our criminal
laws ."

Sufficiency of affidavit upon which warrant
is. based.

I

)'he true test of suffi ciency of an affidavit to warrant issuance of a
settrch warrant is whether it had been'drawn in such manner that perjury
could be charged thereon and affiant be held liable for damages caused.
Thus, where it was shown that in the application sworn to, the affiant
made his own personal inves tigation, and testified that at his own knowl-
edge, he knew that the accused was lending money without a license,
cha r ging us urious r ates of in ter est , a nd was keeping and using books of
accounts and records rela tive to h is activities as money lender, his affidavit
was considered sufficient for he could be liable for perjury if the facts
turned out to be not as stated under oath. 10

'fhe affidavit is .insufficient if it is based on mere information and
belief, or on mere hearsay .11

Sufficiency of description.

(1 ) .El~e._. - A description ofthe place to be searched is sufficient if th e
officer with a s earch warrant can. with reasonable effort , ascertain a nd
identify the place intended. Thus, it has been held that the description of
the building to be searched as "building No. 123 Rizal Avenue, Manila.. is a
sufficient designation of th e premises to be searched .12

(2) Person. -As a rule, a wa rrant of arrest for the apprehension of an
unnamed party upon whom it is to be served is void except. in those cases
where it contains a description of the person or such as will enable the
officer to identify the accused. Accordingly, in a case where the search
warrant stated that John Doe (used when the name of the person is
unknown ) had gambling apparat us in his possession in the building occu-

"Al va rez vs. CFI, 66 Phil. 33; U.S . vs. Addison. 2H PhiL :36o.
~La Chemise Lacoste If>'. FernAnde:.:, 129 SCRA :l7J. ~fa,· :21. 1984 ; Stonehill vs. Diokno,
?,() SCRA :383, June 19, 1967. Thi~ degree of proof i>- lower than prima facie. (see S€c. 14[2];
Art. XVlll, Sec. 26, par. 2.)
l"Yec Sue Koy vs. Almeda, 70 Phil. 141.
~ 'Alvarez vs. CFI. 64 Phil. 3:3.
1~Peoplc vs. Veloso, 48 Phil. 169.

84 Tl<~XTHOOK ON THE PHILIPPINE CONSTITUTION Sec. 2

pied b.v him at J24 Calle Arzohi spo, City of Manila and as this John Doe
was .Jose M. Ve loso, the manager of the club, the police could identify John
Doe as Jose M . Veloso without diffi culty. 1:1

(3) Property. - - The description of t he property is required to be spe-
cific only in so far as the circumstances will ordinarily allow. It has been
held t hat where by th8 natme 1>f thE:! property to be seized, the description
mul::lt be rath et:··general, it is no t r equi red that a technical description be
given as thiR would mean no search warrant could issue. Thus , in a case,
the dc::;cription "that there are being kept in said premisc~s hooks, receipts,
lists, charts and other pap~~rs used by him in connection \Vith his acti vities
as money lender , charging <1 usurio us rate of interest, in violation of the
law" was con~idered s ufficient becau se the omcer of the law who executed
the wanant was thereby placed in n poRition en abling him to identify the
articles, which he did. l-1

But: a search warrant which described the effects to be searched a s
"fin ancia l records, vouchers, x ~ x andior typewriters ::;howing all busin ess
transactions including disbursemen ts, receipts, balance sheets and related
profits and loss s tatements" was held invalid as it authorized the seizure of
records pertaining to all busin.es.-; tran sactions of the persons n a med r e-
gardless of whether the t ransactions Wf!re legal or illegal. It is a general
warrant because it do~s not particularly describe the things to be seized. 1o·,

Right against unreasonable search
and seizure, personal.

(l i Thl:' legality of a scMch and seizure co n be contested only by the
party whose pt-~)·sonal rights wey·e involved. Con6equently, one who is not
the owner, les~cc or Ia wfu1 occupant. of premi ses searched ~ann,)t rais e t he
question whether thf~re has been an unlawful search or seizure,1"

(2) Without a prope1· search warrant (see requisites), no public official
has the right to enter tht~ premises of a n oth er without his con sent for t he
purpose of sean:h and ;;eizure. It. does not admit of doubt, therefore, that a
sea rch or seizure cann()t be considered as u n..reasonable a nd thus offensive
to the Constit.nt.ion if consent be shown . .F or this im munity from unwar-
ranted intrus ion i!' a per so nal right which may be waived, either expressly
or implied1y.17

• 1/;id.

" Alvarez v~ C f.'J, 64 Phil. :35; People vs. Rubio, 57 Phil. :~RI)
'·\Stonehill v.~. Dio kno, 20 SCR A a8:~ . Ju ne HJ, 1967. It ha,: bee n held that th e requiRite
ao; t.o a panir1tlar desc rip tion () { t.hc thi ng:; tn. be sc iJ.!:!d wa;; not co mplied with hy a search

warr ant is:;ucd for ·'!lar coti c!i a nd othnr w n traha nd" liS they may comprehend any personal
property . ii<E:'t• Ca!ilro ''·'· P ah al,. n. L·2HH·12. April 30, 19 76 .;

'"Sci' 47 Am. •Tnr. 50B.
' '1Lopwl ,·s. Conun. l>f Cu!'-t<Hns. L·2 7968, Dec. ;l, 1975.

Sec. 2 ART . 111.- BILL OF RIGHTS 85

~~-~!U~~~!~.n..~n~t~~!~!J.r..~.may be mi!_f1.~

~!!n.Q.I:!Lw~rranJ~

In the following instances:

(1? Where there is consent or waiver;18

(2') Where search is an incid ent to a lawful arrest;l 9

/

(3) In the case of contraband or forfeited goods being transported oy
ship, automobile, or other vehicle, where the officer making it has reason-
able cause for believing that the latter cont ains th em, in view of the
difficulty attendant to securing a search warrant;20

(4-( Where, without a search, the possession of ar ticles prohibited by
law i.s disclosed to plain view or is open to eye and hand;21

(5)' As an incident of ins pection, supervision and regulation in the
exercise of police power (see Sec. 9.) such as inspection of restaurants by
health officers, offactories by labor inspectors, etc. The same thing may be
said of inspection of books of accounts by revenue cxaminers;22 and

(6) Routinary searches usually made at the border or at ports of entry
in the interest of national security and for the proper enforcement of
customs and immigration laws.23

\!h.e.n ar!.~l ma_y: be made without warrant.

A peace officer or priva te person .may, without. a wanant, arrest a
person:

U) When, in his presence, the person to he arrested has committed, is

actua lly committing, or is attempting to commit. an offense;

~2) When an offens e has in fact just been committed and he has per-
sonal knowledge of facts indicating t hat t he person to be a rrested has
committed it; and

(3{ When the person to be arrested is a prisoner who has escaped from
a penal establishment or place where he is serving final judgment or
temporarily confined while his case is pending, or has escaped while being
transferred from one confinement to another.24

The accompanying search and seizure of the effect s (e.g., stolen goods)
or instruments (e.g., gun, knife) of the crime shall also be lawful although
done without a search wa~rantJ!_!Li,t.j~~Q incident to _ajawfuLarrest.

16People vs. Malasugui, 63 Phil. 223.

19Alvaro vs. Dizon, 76 Phil. 837; Rules of Court, Rule ll a.

wr..1 agon<'ia vs. Palacio, 80 l'hil. 770.

2'State vs. Quina, 97 S.E. 62.
22See Can don vs. Blait·, 48 F. 2d 648.
2~See 47 Am. Jur. 513-515.
~'Rules of Court. Rule 11 3, Sec. 5.

86 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Ser.. 3

SEC. 3. (1) The privacy of communication and correspond-
enceshallbe inviolableexceptupon lawful orderofthe court, or
when publicsafetyororder requires otherwiseas prescribed by
law.

(2) Any evidence obtained in violation ofthis or the preced-
ingsectionshallbeinadmissiblefor anypurpose inany proceed-
ing.

Meaning of right of privacy.

Th~ r.tghJ g[priJJ.g~ is concisely defined as the right to be left alone. It .
has also been defined as the right of a person to be free from undesired
publicity, or disclosure and as the right to live without unwarranted inter-
ference by the public in matters with which the public is not necessarily
concerned.1

Basis and purpose of the provision.

( 1) The right to privacy is considered as belonging to that class of
rights which every human being possesses in his natural f.;tate and which
he does not lose or surrender by becoming a member oforganized society. It
has its foundation in the belief in a person's inherent right to enjoy his
private life without having incidents relative thereto made public against
his will.

The right has been equated with the right to live as one chooses under
the law free from interference in the pursuit of one's choice.

(2) By the above constitutional provision, there is an express recogni-
tion that persons may communicate and correspond with each other with-
out the State having a right to .J!!:Y.into such communication and corre-
spondence2subject to the ever pervading police power ofthe State. (see Sec.
9, iit{ra.) Letters and messages are usually carried by the agencies of the
government and unless adequate safeguards are provided for, their privacy
may be eventually violated and great harm inflicted upon the citizen as a
result.3

Relationship with right against unreasonable
searches and seizures.

The constitutional provision on the right of. privacy complements or
implements the security of the citizen against unreasonable searches and
seizures. The right is but an aspect of the right to be secure in one's
person.4

'See 41 Am. Jur. 925.
2Taiiada and Fernando, op. cit., p. 260.
3Laurcl, Political Social Problems {19a8), p. 59.
•Material Distributors, Inc. vs. Natividad. 84 Phil. 127.

Sec. 3 ART. ITT. - BILL OF RIGHTS

It has specific reference to forms of communication <e.g., telephone,

radio, etc.) while the latter is directed primarily against search oftangi.ble,
material objects, his person, houses, papers, or effects. Thus, it is violative
of the guarantee given by the privacy provision to admit evidence obtained
by tapping of the telephone wires,5 or through the use of a detectaphone.6
Here, there is no taking or seizure of tangible and material objects. 7 The
evidence is taken only through the sense of hearing.~ But the technique
employed likewise constitutes ''search and seizure" under Section 2.9

t"umitations on the right.

The right is not violated when the interference is made:

(_1) Upon lawful order of the court; or

(.2') When public safety or order requires otherwise at; prescribed by
law. (Sec. 3[1].)

The first limitation mu!:lt be interpreted in the light of the require-
ments for the issuance of a search warrant. (supra.) The second limitation
means that the right is subject to the police power of the State (see Sec. 9.),
and in this case, the intervention of the court is not essential. The judicial
process is slow. Thus, while the judge is contemplating his decision, the
"objectionable" materials may already be causing damage that could easily
have been averted otherwise. However, the exercise of the pow('r by an
executive officer without court order is subject to judicial review where the
existence of the limitation is being questioned by an aggrieved party. 10

!.;Y.!~~.n~~ !!J~g~lly_Q~taineQ..

(1) l.Iw1imissi.ble. - Any evidence obtd'ined in violation of the right
against unreasonable search and seizure and the right to privacy of com-
munication and correspondence is i~admissible for any purpose in any
proceeding (Sec. 4[2). ), judicial or administrative.

(2) B~asq_n. --The reason for the inadmissibility of evidence competent

as such, which has been u.nla.w.fully acquired, is that its exclusion i~ the

only practical way of enforcing the constitutional guarantees. The action
tor damages against the erring officers, their criminal punishment, and
such ot.hcr remedies as may be provided by law , do not. always afford
sufficient protection against their violation .ll

·' See Olmstead vs. U.S., 277 U .S . 438.
•A device with a receiver so d elicate that when placed agai n:<l a J)llrtilion wa ll it could
pick up !>Ound wave:; originating in another room.
;Sec Goldman vs. U.S., 316 U.S. 29.
•Republic Ad !\"o. 4200 (.Tun~:~ 19, 1965.) pcnaliz~),; wirt~·tapping nnd other related viola-
tions of the privacy of <'ommunication.
•Katz vs. U.S., 389 U.S. a47.
"lf-ior. Lukban v;;. Villavicencio, 39 Phi.!. 778.
11 Se~ St.onehill vs. Diokno, L-19550, Jnne 19, 1967.

88 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 4

(~~ ) Right of owner. - Since evidence obtained illega lly is not admissi-
ble, the owner has a right that the articles seized be return!!_d, unless they
are in themselves prohibited or forbidden by law such as illegal drugs,
unlicensed firearms, etc.

SEC. 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.

Meaning of freedom of speech, of expression,
and of the press.

The constitutional freedom of speech and expression, and of the press,
otherwise known as the freedom of expression, implies the right to freely
utter and publish whatever one pleases without previous restraint, and to
be protected against any responsibility for so doing as long as it does not
violate the law , or injure someone's character, reputation or business.

It also includes the right to circulate what is published.

Scope of freedom of expression.

The constitutional guarantee of freedom of expression includes the
specific guarantees of free speech and free press, the rights of assembly
and petition, the right to form associations or societies not contrary to law,
and the right to religious freedom.

Scope of terms "speech," "expression".
and "press."

( 1) "Speech" and "expression'' include any form of oral utterances .
They cover picketing for by it one silently expresses what he has in mind,
display of a flag, and salute to the flag. They also embrace expression by
means of motion picture.

(2) The "press" covers e,·ery sort of publications: newspapers, period-
icals, magazines, books, handbills, leaflets, etc. Radio and television as
instruments ofmass communication may also be included within this term.

Importance of the guarantee.

(1) Promotes growth ol the indiuidual and the nation . -If man is not

free to communicate his ideas to others, not on ly is l:is own moral and
intelle-:tual development stifled but his fellowmen are deprived of the
benefit and stimulation which he might impart to them. And unless indi-
viduals are at liberty to discuss the various issues that confront the com-
munity, the government, and the whole web of social relationships, the
search for truth and perfection is impeded.

Sec. 4 t;M 89

ART. III. - BILL OF H.lGHTS

Freedom of express ion is, therefore, an inalienable human right that
flows from t he very nature of man. As such , it must be nurtured and
protected by t.he State.1 Without the right, the full and proper growth of the
individual, nay, the nation is invariably stunted.

(2) Makes possible, scrutiny of acts and conduct of public officials. -
"No one can doubt the importance of the right: (a) to canvass the acts of
public men and the tendency of public measur es, (b) to censure boldly th e
conduct of rulers, and (c) to scrutinize the policies and plans of the govern-
ment. If we would preserve [this right], public opinion must be enlightened;
political vigilance must be encouraged."2

(3) In.c;u res a respon.c;i ue and popular governmen t. - It is only through
free debate and free exchange of ideas that a government r~mains respon-
sive to the will of the people and peaceful change is effected.3 The people
must be able to voice their sentiments and aspirations so that they may
become active particip a nts in the political process (i.e., public discussions ,
referenda, initiatives , recalls , plebiscites and elections) as well as in na-
tional development.

Freedom of expression not absolute.

The right of freedo m of speech and of the press is essential to the
preservation and operation of a stable demO<:racy; but even this right is n ot
absolute at a ll times and under all circumstances. It is always subject to
some regulation by the State in order that it may not be injurious to the
r ight of the community or society; and this power may be exercised under
the police power of the State to promote or protect the public welfa re .

......

Any one who s landers or libels another may be penalized. Furthermore,
"lewd and obscene" speech is not entitled to constitutional protection nor
are "fighting words," words that by their very utterance injur e a nd provoke
others to attack. One has no right to stand up in a crowded theater and yell
"fire" merely to see the confusion and possible panic that will result.
Seditious speeches are also outside the protection of the Constitution .
Were the right to free speech absolute, he ca nnot be prosecuted for he
would only be exercising his freed om of speech.

Abridgment of freedom of speeCh
and of the press.

The abridgment of tb~ liberty, however, can be justified only where
there exists substantial danger that the speech will likely lead to an evil
the government has a right to prevent. This is known as "the clear and
ll.\~§...entdang~r.rlll~.:'' How substantia l the danger must be and ·trnmediate
the evil results, depends upon the n ature of t he interest t hreatened.

'Schmandt and Steinhicker, op. cit., pp. 16:1-164
2Taiiadll. a nd Fernando, p. 313, citing Story .
3 Do J onge vs. Oregon, 299 U.S. :3fi:i .

90 TEXTBOOK ON THF; PHTLIPPJN.E CONSTITUTION Sec. 4

For example, persons di stributing handbill s announcing a public m eet-
ing may not be denied the rig~t to do so merely because there is a clear and
present danger that the streets will become cJuttered. A town or city has
the right to keep its streets clean. but the interest in clean streets does not
justify suppression of spee<:h.

On the other hand, a conspiratorial group may be punished for publicly
advocating violent overthrow of the government, even though the likeli-
hood of such an overthr ow is remote. The interest in preserving our gover n-
ment against violent overthrmv is more substantial t.han that in keeping
streets clean. The former justifies restrictions ::. m speech even when the
danger is remote, whereas the latter docs not justify restriction even when
the danger is immediate.4 But where the seditious words do not pose a clear
and present danger t.o the State as when they were uttered before a group
of old men and women, the utterances may not be punishable.

Meaning of right of assembly and right
of petition.

(1 ) The.r.igh.t of_q.J>Sfa_n_Q(y moans the righ t on the part of the citizens t.o

meet peaceably for consultation in respect to public affairs.5

(2) The right. of_.peti.ti.fm means t he r ight of a ny person or group of
persons to apply, without fear of penalty, to the appropriate branch or
office of the government for redress of grievances.6

Relationship with freedom of speech
and of the press.

The right to assemble and the right to petition are necessary con-
sequences of our republican institution and the complement of the right of
fr ee speech.' All these rights while not id en t ical, are cognate a nd insepara-
bl e.8

As in the case of fret:'dom of speech and of the press. the rights of
assembly and petition include at the very least, immunity from previous
restraint and against any subsequent punishment. for thl'ir exercise except
that it may be restrained or interfered with when thf·re is a clear and
pre~ent danger of a substantive evil that the State or go\·ernment has a
right to prevent under jts police power. (see Sec. 9.1

"'S('e Corwin and Pel1a:::on, l:nderslanding th~ ConAilution, p. 121.
5Th~ Public .Assombly Act. <B.P. Blg.,880.) defines guidtlint•s whereby local officials may

grant pct'mits for ralli<:s. A city rn· town rnayior can approve or o"l•j('ct a petition to hold a rally

three days befoye it is scheduled. Every re,iedion must be accompanied hy a written explana-
ticn. Petitioners may app..al the matt.,~r 1.11 the l'Ottrts. which have :24 hours to decide it. A
mayor has 48 hour:; to makf! tht deeision.

~United ~hatE:'s vs. Bu!\tfls, 37 Phil. nJ.
' Ibid.

' 16 Am.•Tur. t379-68(l.

Sec. 5 ART. III.- BILL OF RIGHTS 91

It has been held that any !'ltatute or ordinance authorizing an adminis-
trative official at his own di1u:retion to grant or refuse a permit for the use
of streets and other public places for processions, parades, or meetings,
there being no standards required of said offi<.:ial to follow in deciding
whether to grant or use such a permit, is a violation of the right of
assembly. Under our democratic society, no such unlimited and unregu-
lated power may be validly granted.9

SEC. 5. No law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof. The free exer-
ciseand enjoymentofreligious profession andwot·ship, without
discrimination or preference, shall forever be allowed. No reli-
gious test shall be required for the exercise of civil or political
rights.

Meaning of religious freedom.
The constitutional guarantee of religious freedom is the right of a man

to worship God, and to entertain such religious views as appeal to his
individual conscience, without dictation or interfer ence by any person or
power, civil or ecclesiastical. 1

It forbids restriction by law or regulation of freedom of conscience and
freedom to adhere to such religious organization or form of worship as the
individual may choose.2

Meaning of religion.

B~ligt.o.n...._ in its broadest sense, includes all forms of belief in th e
existence of superior beings exercising power over human beings and
impoBing rules of conduct with future state of rewards or punishments."

It has 1·eference to one's views of his relations to his Creator , and to the
obligations they impose of reverence to His being and character and of
obedience to His will.4

Aspects of religious freedom. !_;
As guaranteed by the Constitution, religious freedom ha~ two aspects,

namely:

,().) The s eparation of Church and State secured in the fi r st sentence of
t ha·provision; and

0See Primicias vs. Fugoso, SO Phil. 71.

116 Am. Jur. 648.
2Cantwell vs. Connecticut, 310 U.S. 2~6.

~Ibid.

•Aglipay vs. Ruiz, 64 Phil. 201.

92 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 5

(2) The fr eedom of religious profession and wor ship , in the second
sentence of the provision.

The first aspect is discussed under Article II, Section 6 (sup ra.) which
declares t hat "the separation of Church and State shall be inviolable."

Freedom of religious profession
and worship.

It bas two aspects, namely:

(1) EI:u.do.m to .belieqe in a religion.. - Everyone has absolute right to

believe whatever h e wishes. A state may not com pel a religious belief n or
deny a ny person any right or pri vilege because of his beliefs or lack of
them. It cannot inquire into the truth or vahdity of a religious doctrine.
The theory is that a religious belief by itself cannot in a ny degree affect
public interest; and

(2) F..r.eedam J.Q qct in accordance u:ith such belief -The r ight to act in

accordance with one's belie{ is. iiot.. and ·cannoCb'e_,a..b·s-·o-l.u.--te-·.., Conduct re-

mains subject to r egulation and even prohibition for t he protection of
s ociety.s Religion may not be used to justify action or refus al to act incon-
sistent with the public safety, hc~th, mora ls, or general welfare of society,
or violative of the criminall~w . :t'hus, no one has a right t o refuse to defe nd
the country in time ofwar, .to refuse to pay taxes, or to practice polygamy,
o-r to invade the right of othe rs even in the name of religion. P ersons may
resort to prayers for the healing of the sick but this religious right may not
be fraudulently used as a cloak to e ngage in heali ng for commerci$1.} pur-
pose u s ing prayer and such religious rites as a curative agency.6

,· I t has been held , however , t h at it is violative of r eligious fr eedom to
compel one to salutfl the flag, sing the national anthem and recite the
patriotic pledge, during a flag cere mony on pain of being dismissed from
one's job or of being expelled from school, when these are considered as
" ru:ts..af..Yl.P.r§,h.ip" or "religious .devotil:m'' to an image or idol which a re
contrary to his religion.7

Dissemination of religious beliefs.

The con stitution al guarantee of the free exercise and enjoyment of r eli-
giou s profession and worship carries with it the right to disseminate r eli-
giou:s beliefs and information. The right to believe a nd to worship would be
incomplete without the constitutional right to sh ate one's views with oth-
en and to seek to win them to one's faith , by giving analysis of contra ry
views and by solicitation of financial assistance in carrying the truth to
others.'

sSee- Car.twe:l ,-s. Connecti cut. 3 10 U.S. 296.
•See People ,.3. Dit>l. (CAl 44 O.G. 590, Aug . 22. 1947.
' Ebralinag ,., . Di 'ision Superintendent of Schools of Cebu, 219 SCRA 256 (1993 ).
;Cooley. p. 96;}

Sec. 5 ART. lll. - BILL OF RIGHTS 93

Any restraint on the right to disseminate religious ideas and informa-
tion can only be justified (like other restraints on free dom of expression,
supra.) on the ground that there is a clear a nd present danger of any
substantive evil (e.g., disruption of public peace) which the State has the
right to prevent.9 To provide public officials, for instance, with discretion-
ary power to grant or withhold pe1·mits for distribution of religious publica-
tion would be abridging freedom of religion (and of the press, and of
speech).

Any infringement of religious freedom may be justified only to the
smallest extent necessary to avoid grave danger to public welfare and
security.10

License fee or tax on sale
of religious articles.

(1) Permission or condition for exercise of right. -The right of a person
to believe carries with it the right to disseminate his beliefs. The imposi-
tion oflicense or permit fees on the sale or peddling by a religious organiza-
tion of religious literature and other materials from house to house, con-
ducted not for purpose of profit, would impair t he constitutional guarantee
of the free exercise and enjoyment or religious profession and worship.11
The right to peddle religious information is similar to the right of the priest
or minister to preach a sermon in his church.12

As a license fee is fixe d in amount and has nothing to do with the
receipts or income of the taxpayer, such fee, when applied to a religious
sect, would, in effect, be imposed as a condition for the exercise of the sect's
right under the Constitution.13

(2) Imposition of financial burden after exercise of right. - The Consti-
tut.ion, in Section 5, does not, however , prohibit imposing a tax on the sale
of religious materials by a religious organization. Such tax, unlike a license
fee, does not restrain in advance the exercise of religious freedom . :~ It is
generally applicable to all, and imposed after t he activity taxed is com-
pleted, and the fact that the activity is conducted by a religious sect is only
incidental.

Religious test prohibited.

The Constitution expressly provides that "no religious test shall be
r equired fo r the exercise of civil or political rights.'' I Sec. 5.)

9A~.r_i.c;~pJ~iblt_.l:J.aciety vs. City of Maniln , 101 P hil. 386.
10Anuccnsion vs. National Labor Union, 80 SCRA 330 •19771.
"American Bible Society vs . City of Manila. supra.
' 2Murdock vs. P.::nnsylvania, 319 .U.S. 105.
'"Tolentino vs. Secretary of Finance. 54 SC'AD 6il , 235 SCRA 630 (1994).
"ibid.

94 TEXTBOOK 0:-.J THE PIIILIPPINE CONSTITUTION Sec. 6

(1) A religious t.est is one demanding the avowal or r epudiation of

certain re iigious beliefs before the performance of a ny act. 15 Thus, under
t his injunction, laws prescribing the qualification of public officials or
employees, whether appointive or elective, or of voters, may n ot contain
r equirements of religiout-1 beliefs.

{2 ) The e~p:r~~13ion civil ar p qf:Uicq,l riglt_(c; (s upra.) is to be understood

as including the individual rights safeguarded by the Constitution and
statutory laws.

T he reason for the provision is easy to understand. Without s uch
pr ohibition, r eligious freedom becomes meaningless. The State, without
such a bar, notwithstanding the doctrine of its separation from the Church,
could in fact a ccord prefe rence to a r eligious orga nization .16

SEC. 6. The liberty of abode and of changing the same within
the limits prescribed by law shall not be impaired except upon
lawful orde r 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.

Meaning of liberty abode and travel.

:. / ;

T he liberty of~t.wsi_f:.UJtl.J..£1. is the right of a person to have h is home
in wh a tever pl ace chosen by him a nd thereafter to change it a t will , and t o
go where he pleases, ·vithout interference from any source.

:The right is qualified, however , by the clauses "except upon lawful
or der of the court" a nd "except in the interest of nationa l security, public
safety, or public health as may be provided by law." (Sec. 6. )

The 193 5 Constitution tipeaks only of the liberty of abode. The right
now in cludes the right t o travel. 1

limitations on the right.

The phrases "~~ept l!P.9ll~a~ful order of t he cou_rt" a nd "~~~.~l?.t._i!.t.t.~~

in ter~st ~f~ tiec~, P.l191ie .-~~e_!:y, or E_~,.Ql!_c__p_ea lth" means, in

other words, subjecft'i:rthe domina nt police power (see Sec. 9, infra.) of t he
State. Thus, the lawmaking body may by law provide for the observance of
curfew hou rs in ti me of war or national e mergency, the commitment of
mentally der anged p2rsons to a mental institution, the confinement of

,,;Corwin, The Constitu tion and What l t Means Today, p. 151.
1"1'a nada vs. Ferna ndo. p. 283. Reason a nd the common good manda te that p ublic
officials a nd employee~; par t icularly those occupying high positions in the governUlent should
m eal certain moral st.andard1;-.

;Salonga vs. Her mo!Sa. 97 SCRA 121 (1980).

St' C. 1 ART. 111. - BTLL OF TUGHTS 95

those with communicahle diseases to a hospital, the arrest and detention of

persons accused of crimes, etc.

Note that under the second limitation, a cnurt order is not necessary.
The determination of the proper executive officer (e.g., President) is subject
to judicial review .2

A person whose liberty of abode is violated may petition for a wl'it of
habeas corpus (see Sec. 15.} against another holding him in dete n tion.:1

SEC. 7. The right of the p eople to information on matters of
public concern shall be r ecognized. Access to official records,
and to doc uments, and pape rs pertaining to official acts, trans·
actions, or decisions, as well as to government research data
used as b asis for policy deve lopment, shall be afforded the
citizen, subject to such limita tions as may be provided by law.

Right to information on matters
of public concern.
The right of access in the above prov1s1on impf~lllents the right to

information. The a rguments gi ven for the inclusion <~tion 6 (now Sec.
7.) in the 1973 Constitution are:

<_1 ) It is in consonance with the principle of popuJc... s-overeignty. In a
democr atic society, th e sovereign people have th e rigJ<~ of access to the
rP.cor ds of their government;

(Jl) It will enable the people to participate more effectively i n govern-
mental affairs especially in questioning the acts of the authorities;

($) It will make denunciation of government more factual, responsible,

and effective;
(1') It will provide a detcrnmt to the commission of venalities because

of the resulting awar eness of officials that their acts wilJ be exposed to the
full light of public scrutiny;1and

($-) It will n~duce public su~picion of otlicia ls and thus fo ster ruppol't
and harmony between the government and the people.2

In view of Section 7, there can be no doubt as to the \onstitutionality of
any law making the refusal t o gi.vt- such information or denial of access
the reto a punishable offense.

~sec Villavicen cio vs. Lukban, 39 Phil. 778 (191!h
J[bid.; Cauncn. V l'l. Salazar, 82 P hil. 851.

1Sec Val mon te v~ . Belmont e, J r ., 170 SCRA 256 1 1911~ 1.
~sec Committ<!e on General Provi!!itn\!'. Report ?"o. 2. :'olv\'. :-!0, 1971, 1971 Comai tutional
Co nvention.

96 TEXTBOOK ON 'l'HE PHILIPPINE CONS'riTUTTON Sec. 8

Scope of the right.

(.1) The right embraces all public records;

(2) It is limited to citizens only but is without prejudice to the right of
aliens to have access to records of cases where they are litigants; and

(3) Its exercise is s ubject to s uch limitations as may be provided by law.

Limitations on the right.

It is recogni~ed tha t records involving the security of the Sta te or which
are confidential in character should be excepted. Presently, certain public
records are declared confide]lti al either by law or by a dministrative regula-
tions. Instances of these ar~ inc:ome tax r eturns under the National Inter-
n al Revenue Code;'the condition or business of banks under the Central
Bank;3 acfo.unts perta ining to military intelligence funds; ~ertain army
r ecords; a~.:~isbarment proceedings. (see Art. VI, Sees. 16l4l, 20.)

Any law which prohibits disclosure of information by government agen-
cies must f;trike a healthy balance between the need to afford protection to
vital secrets affecting national interest or security a nd the imperative of
safeguarding the basic right of the people to know about the activities of
their government. I~ line with the constitutional policy to enhance free
flow of information, and to pr omote trans parency in the conduct of public
affairs, the disclosure of information must be the general rule, not the
exceptio n. The burden is on the government to justify the withholding of
information or document, not on the person requesting it .

SEC. 8. The right of the people. including those employed in
the public and private sectors, to form unions, a ssociation s, or
societies for purposes not contrary to law shall not be abridged.

Meaning of right to form associations, etc.

The r:.igh..UQ..{Q.[]TI, . associati.D~ is the freedom to organize or to be a
member of a ny group or association , union, or society, and to adopt the
rules which the members judge most appropriate to achieve their purpose.

With or without the above provision, it may be assumed that this right
exists. It is clear that the right to join an association includes the right to
leave a nd cancel his membership with said orga nization or t<J abstain fr om
joining one. 1

S.ection. .8 .gr~QtS K.QY~rJl.m~Ilt eiDP.~Qyees .the...right.ta.furm labor unions~

!s.~~ .Art,_ I4,. J3~.~~~· ~[.5JJ..

3See PresidentiA l Decr~e No. 72.
1See Anucension vs. Natio na l Labor Union, 80 SCRA 350, Nov. 29, 1977.

-- Sec. 9 ART. JII. - BILL OF RIGHTS 97

Purposes of the guarantee.

(1) Undoubtedly, the purpose of the constitutional guarantee is to
encourage the formation of voluntary associations so that through the
cooperative activities of ind1viduals, the welfare of the nation may be
advanced and the government may thereby receive assistance in its ever·
increasing public service activities.2

(2) By enabling individuals to unite in the performance of tasks which
singly they would be unable to accomplish, such associations relieve the
government of a vast burden. The needs ofthe social body seek satisfaction
m one form or the other, and if they are not secured by voluntary means,
the assistance of the government will inevitably be invoked.3

Limitation on the right.

l'h~ .J:ighLto f<;>r:m...a.§.s<?~i.f.!iioP..§. Qf.•fiQ~ieti~~-ma_y__Q.e_a.b..ddE.f:g .9.r. in~.~r­
fere.d.Yli!~hl:a~.t.he..s.t.atein...the..mis~. .of.its ~oJic~-P.-9:~ (see Sec. 9. ) This

is the meaning of the phrase "f!J-Stmru~a..no.t.. .c.antracy.to..~ "

Even without the qualification, however, it is deeme d to exis t by virtue
of the inherent power of the State to protect and preserve its existence. But
unless an association or society coald be shown ·to create an imminent
danger to public order, public peace, public morals, Ol' public safety, there
is no justification for abridging the right to form unions, associations or

societies.~

SEC. 9. Private property shall not be taken for public use
without just compensation.

Essential or inherent powers of government.

The totality of governmental power is contained in three (3) great
powe rs, namely: }ln.We.r ..oLeminent domain, police po.w.er, and pa.wel:...Of
~.e_a,t.jQ~! These powers are similar in the following r espects:

(1 ) They all rest upon necessity because there can be no effect ive
government without them;

(2) They are inherent in sovereignty; hence, they ca n be exercised even
without being expressly granted in the Constitution although the condi-

~v.G. Sinco, op. cit.• p. 669.
3Schmandt and Steinbicker, op. cit., pp. 184-185.
4Tiu'iada and Fernando, op. <:it., pp. 264-265. lt i:> to he noted th a t there is in the Revised
Penal CodA th~ ~rime ofillegal a!\sociation penalized in Article 147 thereof. As defined in that
article, illegal a~;~ociations are th ose "totally or partially organi~ed for t he purpose of
committing any of the crimes punishable under thi;; Code or for .some purpose contrary to

public morals." Both the officers and members of said association!l are subject to the penal-
ties prescribed therein. Presidentia l Decree ~o. 885 defi nes and outlaws subversive organi·

zations and a ssociations and penalize!:' membership therein.

98 TEXTBOOK ON THE l 'lULIPPINE CONSTITUTION Sec. 9

tions for their exercise may be regulated and limited by the Constitution
and by law;

(3) They are ways by which the State interferes with private rights and
property;

(4) They are all legislative in character; a nd

(5) They all presuppose an equivalent compensation1 received, directly
or indirectly, by the person affected by the exercise of these powers by the
government. (infra.)

Meaning of eminent domain.

Eminent domain is the right or power of the State or of thos e to whom
the p~~~;···has···b~~n lawfully delegated to take (or ex propriate) pr ivate
property for public use u pon paying to the owner a just compe nsation to be
ascertained according to law. (see Art. XII, Sec. 18.)

Conditions for or limitations
upon its exercise.

They are:

(1) l};U$.te.rv.:~se.- Public u se may be identifie d with "public

benefit," "public utility,'' or "public advantage."2 lt.xnay be ide ntifie4..with

wbatey~_rjs...he neficiaily...employed fo r th e comm unity :l That the expropria-
tion of a land may actually benefit only a few families, does not dimini sh it s
public use character. It is of no mom ent that the land 8ought to he expropri-
ated is of s mall area , e.g., less t han hai f a h~ctare only.~ Ifthe property is
t aken by a private corpor ation (e.g.. Meral.co, a public utility given t he
power of eminent domain ) to enable it t o fu rnish the public with some
necessity or conve nience (e.g., electricity), the use is public;

(2) Ptzyment JJL)JJ.s1 cam.p£.11Ji.CJ.~ian. -- Under the Local Government
Code,5 t ht:l a mount to be paid for the expropriated p roperty sh a ll be deter-
mined by the proper cou rt, based on the fair market value~ a t the time of
the taking of the property.7 T he owner may contest in cour t the value
determined by the assessC>r; a nd

1Set- 1 Cooley 27-30.

2See Guido vs. Ru ral Progr ess Adm., 84 P hil. 8 47 . Presideniia l llecrec No. 1259 (Oct . 2 1,

19 77 ) fur ther defines th e policy oo the expropri Rtion of private pro~ rl.y for ~;ocialized

housing for t he lower a nd mi<id le class membe rs of ~ociety upon paym ent of just compeiH;a-

tion. (see also P res. Decree!\ N o. 757 and 1224.)

~sena vs. Manila Ra ilroad Co., 42 P hil. 102.

•Philippine Colum bian As<;ociation vs. Panis, 46 SCAD 1002, 229 SCRA 668 ( 1993).

.;R.A. N o. 7160, effective .Jan u a ry I , 1992.

~"E-1i r mark~t-.;!ilit_e'' is understood to m ean the "price at which a willing !>eller would sell

and a willi ng buyer woul d bu.Y n eit her b~i ng under abno rmal press ure." ·

7Sec. 15 then•of.

Sec.9 99

(3) Qb:'>e!~anp~ c1.d'!-~.P!..<?.~!..~_S...!JflaU!__i_l] _the~ta~ing. - Pr ocedural due

process re quires that the owner shall h ave d ue notice and hearing in the

expropriation proceedings. (see Sec. 1.)

Meaning of "taking."

(1) & tWJl.p.hysic.a.l._seizure...!l.OLe.s§.~n.tifJJ. - "Takin g" u nder th e power

of eminent dom ain refers not si mply to actual physical seizure or a ppro-
priation of the property but also to its destruction or impa irment, or to
limita t ion of its usual a nd necessary employmant or use by its own er , not
a s a consequence of police power.8 F or example, where airp lanes take off
over land a djacent to air ports at such low levels that the land is no longer
suitable for oth er uses, it has been h eld t hat t here is a "t aking" for which
the government m ust compensate.9

(2) '!'he "takinrg':_mJJ,s.t.be-dir.ect. -The Constitution does not require that
property losses incident al to the exercise of governmental power be compen-
sated for. For instance, the passage of a rent control law (a police power
measure) could deprive lessors of the right t o charge a higher rent, a nd so
decrease the value of their property but the government is not required to
awa rd compensation. 10 The property must "be ta ken" a s defined above.

Meaning of police power.

eQlice pow.cr h as been referred t o a s the power of the State to enact

such laws or r egulations in relation to persons and property 3S may pro-

mote public health, public mora ls, public safe ty, a nd the general welfare
,.,.... ,.... .........
and convenience of the people.11

-J.._It has been n egatively put forth as the inherent and plen~r;; power in

the State which enables it to prohibit all things h urtful to the comfort,

safety and welfare of society. 12 ;-s..
'

Basis of police power.

It is bas ed on t wo La t in maxims, sal.u.s .p apu/.i_s_u.prema est le.x. (the
we lfare of the people is the supr eme law),1and ~~-CJtJ.fJ.r:e...tuo.. u.t nJie.num non
<laedas (so u se your own as not to injure another 's property l. 1~ F tlr living in

a civilized s ociety demands that a n individ ual m ust part with some rights

and privileges for the common good. Every citizen of en!ry community
must bear certai n burdens imposed for t he good of all.'~

•u.s. vs. Causby, 328 U.S. 256.

9Stearns vs. Minnesota, 179 U.S. 22.1.
LOCorwin and Pel tason, Understanding the Consti tut ion. p. 134; e.g., Batao Pambansa
Big . 8 77.

11S ee U.S. vs. Gomez, 31 J:>hil. 218.
1~Rub i vs. Provincia l Board, 39 Phil. 660.
13See E . ~. Fernando, op. cit.. p. 120.
u s ee Barbeir vs. Con r.olly. 115 U.S. 28.

100 TEXTBOOK ON THE PHCLIPPINE CONSTITUTION Sec. 9

Illustrations of police power Jaws.

Illustrations of police power statutes or ordinances are gi ven below.

(1) f..y,Q.Jic lte.alth,- -Those regulating the medical profe ssion; provid·
ing for the segregation of lepers; providing maternity leave for wor king
women; limiting the working hours to eight; requiring every building or
premises to be connected with a s anitary sewer system; prohibiting the
sale of fresh meat, except in refrigerated establishments, outside the public
mar kets, etc.;

(2) Euhlkl11J2r:Jlls.. - Those punishing vagrancy and prostitution; pro·
hibiting gambling; providing a license tax for maintenance or operation of
public dance halls; punishing usury, etc.;

(3) &.blk .sil{£1~ - Those requiring a license for the right to drive
motor vehicles; providing for the closure of certain streets to traffic of
animal-drawn vehicles (calesas); requiring compulsory military service;
prohibiting the carrying of concealed deadly weapons; authorizing the
demolition of buildings or improvements which constitut e a fire h azard,
etc .;

(4) G~!J.~[CJ:LY!.eJiC?-!:..f!. and con!Jenien_Gf. - Those requiring compulsory
registration of lands; authorTiir1g the removal of billboards offensive to
sight; penalizing the turning loose oflarge cattle or permitting them to run
loose in streets and pla zas of municipalities; regulating th e slaughter for
human consumption oflarge cattle still fit for a gricultural work; regulating
distance between gasoline stations; regulating prices of commodities and
rents of houses, etc. 15

Meaning of taxation.

As a power, ta:«.tJ.i.Ql!: is the power of t he State to impose charge or
burden upon p_ersons, proper,!y, or property r ights, fo r the use and support
of the government and to enable it to discharge its a ppr opriate functions.

Theory and basis of taxation.

(1 ) The power of taxation proceeds upon the theory t hat the existence
of government is a necessity, that it cannot continue without mea ns to pay
its expen ses, a nd that for these means it has a right to compel all its
citizens and property within its limits to contribute. 16

(2) The basis of t axation is found in the reciprocal duties of protection
and support between t he State and its inhabitants. In return for the

'sThe S tate can deprive pers ons of life, liberty, or property provided there is due process /

of la w; a nd persons may be clas sified into classes and groups provided everyon e is given the

eq ual protection of the law. (S ec. l. J The test or standard as always is reason. Police power
legislation must be firmly grounded on public interest and welfare and a r easonable relation
mus t exist betwe~n purposes and mea ns to achieve the s ame.

16See 51 Am. Jur. 37·39.

Sec. 10 ART. Ill. - BlLL OF RIGHTS 101

citizen's contribution for the support of the government, the State is sup-
posed to make adequate and full compensation in the form of benefits and
protection which it gives to his life, liberty, and property.

Taxation is necessary to enable the State to exercise its police power to
promote the general welfare.

Meaning of taxes.

Taxes are the enforced proportional contributions from persons and
property levied by the lawmaking body of the State by virtue of its sover-
eignty for the support of the government and all public needs.

They are the financial burdens or charges imposed by the government
upon persons or property to raise revenue for public purpose or purposes.

Distinctions among the three powers.

They are, among others, the following:

Q} As to authority which exercises the power. - Taxation and police
power are exercised only by the government, while the exercise of the
power of eminent domain may be granted to public s ervice companies;

(2} As to purpose. - In taxation, the property (generally in the form of
money) is taken for the support of the government; in eminent domain, for
public use; and in police power, the property is taken or destroyed for the
purpose of promoting the general welfare;

(3") As to effect. - In taxation, the money contributed becomes part
of p~blic funds; in eminent domain, there is a transfer of the right to
property whether it be ownership or a lesser right; and in police power,
there is no such transfer; at most, there is a restraint in the injurious use of
property;

(~) As to persons affect.ed. - Taxation and (usual!y) police power oper-
ate upon a community or a class of individuals, while eminent domain
operates on an individual. as the owner of a particular property; and

(5) As to benefits received. - In taxation, it is assumed that the indi-
vidual receives the equivalent of the tax in the form of benefits and
protection he r eceives from the government; in eminent domain, he re-
ceivesjust compensation for the property expropriated; and in police power,
t he compensation of the individual is not immediate and usually annoy-
ance and financial loss are caused to him leaving the reward to be reaped
through his altruistic recognition that the restraint is for the public good. 17

SEC. 10. No law impairing the obligation of contracts shall
be passed.

11See U.S. vs. Toribio, 15 Phil. 85; Churchill and Tait vs. Rafferty, 32 Phil. 586.

102 TEXTBOOK ON T HE PHILIPPINE CONHTITUTION Sec. 10

Meaning of obligation of a contract.

The oQ.lieation Q[a co.nJrru;.,t is the la w or duty which binds the parties to
perform their agreement according to its terms or intent ,1 if it (agreement)
is not contrary to la w, morals, good cus toms, public order, or public policy.2

Scope of terms "law" and "contract."

( 1) The law, the enactment of which is prohibited, includes executive
and administrative orders3 of the President, administrative orders issued
by heads of departments, and ordinances enacted by local governments.
The guarantee is not violated by court decisions or by acts of boards of
officers acting in a quasi-j udicial capacity (like a judge).

(2 ) The contract, the obligat ion of which is secured against impairment
under the Constitution, includes contracl..s entered into by the government.
An example of impairment by law is when a tax exemption based on a
contract entered into by the government is revoked by a later taxing
statute. 4 The Stat e when contracting does so upon the s ame terms as a
private individual or corporation and may not plead it s sovereignty as
justification in impairing a contractual obligation which it has assumed. 5

A contr act which is entitled to prot ection against impairment must be a
valid one. Note that marriage is more than a mere contract; i t is a status.
Hence, it is outside of the contempl a tion of the constitutional provision.
(see Art. XV, Sec. 2.)

Purpose of non-impairment prohibition.

The prohibition is int ended to prl)tect creditors, to assure the fulfillment
of lawful promises, and to guard the integrity of contractual obligations.6
Business problems would a rise if contracts were not stable and binding and
if the legislature can pass a l aw impairing an obligation entered into
legally.

The provision implements the constitutional right to freedom of con-

tract. ·

\Sturgess vs. Cr own shields, 4 Wheat 122. \

~see Art. 1306, Ci vil Code. 1

3E xecuti:!!_!...Qrders a re acts of the President provid ing for rules of genertil or permanent

character in i mt~lemeotation or execut ion of con sti tutional or statutory pow.~rs. (Adm. Code

of 1987, Book HI, Sec. 2.) Before the effectivity of the new Constitution, the Presi dent

exercis ed legisla tive powers through t he issuance of executive orders . A dmin istrative Orders

are a cts of the President which relate t o particular aspect..'! of governmen tal operat ions in

pursuance of his duties as administrative head. (Ibid., Sec. 3 .) See Art. VII, Section 17.

'See Cassa nova vs. Hord, 8 Phil. 125.

"Willough by, op. <:it., p . 1224.

~v.G. Sinco, op. cit., p. 640.

Se('. 11 ART. III. - BILL OF RIGHTS 103

When obligation of contract impaired.

The obligation of a crmtract is impaired when its terms or conditions
are changed by law or by a party witl:out the consent of the other, thereby
we!lkening the position or rights of the latter.7 A law which:

( 1) takes fr om a party a right to which he is entitled under the con-
tract;

{2) deprives him of the means of enforcing such right;
(3) imposes conditions not expressed in t he contract, or dispenses with
those which are; or
(4) diminishes the consideration agreed upon by the parties, as to
diminish the value of the contract, is void as impairing thE.> obligation of the
contract within the meaning of the Constitution.
For instance, a law increasing or decreasing the rate of interest for the
loan of money cannot apply retroactively to loans contracted before its
enactment , otherwise impajrment will result. Laws impairing thP. obliga-
tion of contracts are necessarily retroactive or retrospective. There will be
no impairment if the law is given prospective effect.

Freedom to contract not absolute.
· .· The freedom of contract is necessarily limited by the exercise of the

police power of the State in the interest of general welfare (see Sec. 8.) and
especially in view ofthe explicit provisions in the Constitution with refer-
ence to t he promotion of social justice. (see Art. XIII.)

Thus, the abolition of share tenancy as well as the introduction by
compulsion of the leasehold system (after a contract of share tenancy has
been adopted between the landlord and the tenant) has been sustained in
the valid exercise of police power (sup ra. } , share tenancy being recognized
as the root cause of the land problems and agrarian unrest in the country!

SEC. 11. Free access to the courts and «rna.si=iud.ic.jpl bodies
and adequate legal assistance shall not be denied to any person
by reason of poverty.

Constitutional rights of the accused
in criminal cases.

B.r_,i.,ef.ly., they may be enumerated as follows :
(f) The right to adequate legal assistance;

/"

' Sec Edwards vs. Kearney. ~6 u .S. 607.
<Sec Gero nimo vs. Court of Agraria n Relations. L-250.'35, Feb. 26, 1968; De Ia Rama vs.
Courl •lf A:gr.aii'an Relation.-;, L -19555, ~lay 29. 1964.