Textbook on the Philippine Constitution [Hector S De Leon]

104 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 11

(2) The right, when under investigation for the commission of an offense,
to be informed of his right to remain ~\lent and to havt: counsel;

(8 ) The right against th e use of torture, force, violence, threat, intimi-
dation or any other means which vitiates the free will;

(4) The right against being held in secret, incommunicado, or similar
form s of solitary detention ;

.--- ·(5) The right to bail and against excessive bail;

(6 ) 1'he right to due process of law;

(7 ) The right t() presumption of innocence;

(8) The right to be heard by himself and counsel;

(9) The right to be informed of t he nature and cause of t he accusation
against him;

( 1-0) The right to have a s peedy, impartia l, and public trial;

(l l) T he right to meet the witnesses face to face;
( ~) The right to have compulsory process to secure the a ttendance of
witnesses and the production of evidence in his behalf;

(1-3) The right against self-incriminat ion ;

( 14) The right against detention by r eason of political beliefs a nd
aspirations;

(15) The right against excessive fines;

(16) The right against cruel, degrading or inhuman punishment;

( 1J7) The right against infliction of t he death penalty except for heinous
crimes; anc.l

( 18) The right against double jeopardy.

Reasons for constitutional safeguards.

There are several reasons underlying the tenderness of our Constitu-
t ion on t he subject of the rights of an accused.

(1} A criminal case, an unequal contest. - For one thing, every crimi-
na l case is a contest between an individual a nd the government. It is of
necessity an unequal contest because the parties are of unequal strength.

The government is very powerful. It is__the. iepository of the enormous

power of organized s ociety . In order to reduce the passibiiities of injustice,
the Constitution seeks t o redress th e imbalance between these parties by
guaranteeing the accused the right to an im partial trial, the privilege of
cross-examination, a nd othe r pr·ocedural safeguards .

.{2) Criminal accusation, a very serious matter. - Moreover, experience
tea~hes that it is a very serious matter for the government formally to
accuse a man of having committed a crime. The defendant by being me rely
a ccus ed may find himself in immediate trouble, whether guilty or not. He

Sec. 11 ART. III. -BILL OF RIGHTS 105

may lose his job, or be suspended from it pending trial. His reputation is
under an immediate cloud. The accused, therefore, needs every possible
opportunity to establish his innocence, as soon, as publiciy, and as deci-
sively, as possible}

(3) Protection ofinnocent, the underlying purpose. -The purpose then
is not to coddle wrongdoers or to protect the guilty but to assure that truth
will be discovered and that justice, which is the very end of government,
will be done. Under the Constitution, the acquittal of the innocent is given
more importance or preference than conviction of the criminal. Indeed, in a
criminal prosecution the interest of the government is not that it shall win
a case, but that justice shall prevail.2 For as the Roman praetor said: "It is
better (0 Caesar) that a thousand guilty men be free than one innocent
man be deprived of his life or liberty." The raison d'etre for this principle is
the assumption that the long arm of the law would, sooner or later, catch
up with the guilty party.

Right to free access to the courts
and quasi-judicial bodies.

The guarantees of due process and equal protection of the laws assure
all per&o:ls like access to the courts as well as quasi-judicial bodies of the
country for the protection of their persons and property, the prevention and
redress of wrongs, and the enforcement of contracts.s· But such guarantees
are futile if persons are prevented from going to courts on account of their
poverty. Within this category may be mentioned the low-paid employees,
domestic servants and laborers who, to collect their small salaries and
wages, might have to go to court and yet are without means to pay filing or
sheriffs fees and attorney's fees.4

To give reality to these constitutional rights, our Constitution has
expressly included the above provision.s

Right to adequate legal assistance.

.It may nut be sufficient to just grant the rights of a pauper. (i.e.,
exemption from payment of court fees) to poor litigants.~~he State has also
the constitutional duty to provide free and adequate legal assistance to
citizens when by reason of indigence or lack of financial means, they are
unable to engage the services of a lawyer to defend them or to enforce their
rights in civil, criminal, or administrative cases.

'Fellman, op. cit., pp. 1·3.
~Suarez vs. Platon, 69 Phil. 556; Tan, Jr. vs. Gallardo, L-41213-14, Oct. 25, 1976.
'Barbier vs. Connaly, 113 U.S. 27.

'Cabangis vs. Almeda, 70 Phil. 443.
''V.G. Sinco, op. cit., p. 703.
'See Rules of Court, Rule 3, Sec. 21.

106 TEXTBOOK ON THE PHILIPPINF. CONSTITUTION Sec . 12

SEC. 12. (1) Any p erson under investigation for the commis-
sion ofan offense shall have the right to be informed ofhis right
to remain silent and to have competent and independent coun·
sel preferably ofhis own choice. Ifthe person cannot afford the
services of counsel, h e must be provided with one. These rights
cannot be waived except in writing and in the presence of
counsel.

(2) No torture, force, violence, threat, intimidation, or any
other means which vitiate the free will shall be used against him.
Secret detention places, solitary, incommunicado, or other simi·
lar forms of detention are prohibited.

(3) Any confession Ot:' admission obtained in violation ofthis
or Section 17 hereof shall be inadmissible in evidence against
him.

(4) The law shall provide for penal and civil sanctions for
violations ofthis section as well as compensation to and rehabili-
tation of victims of torture or similar practices, a nd their fami·
lies.

Rights of person under investigation.

Any person under criminal investigation for the commission of an
offense shall have the right:

(.1·) to be informed of his right to remain silen t;1

~2) to have competent and independent counsel preferably of his own
choice or to be provided with ono;2

(3) against the use of torture, force, violence, threat, intimidation, or
any other means which vitiates the free will; and

(4f) against being held in secret, solitary, incommunicado, or oth er
simiiar forms of detention.:J

/

,/

Effect of violation of the .~'ighls:··"'

To gi ve force and meaning to the constitutional provision, any confes-
sion obtained in violation of any of the above rights is declared inadmissi-

1While an accused is under custody, his silence may not be taken as e\•idence against

him, otherwise his right of silence would he an illusion. (People vs. Alegre, 94 SCRA 109. )

tThe right to counsel may be waived £!Q.Y,ig_e_g ~Vfl.t ~h.e..w.ili'ttt.is..m.ada~e.o.t.4!.a.ud

~l~m~.!:ilY..Y!'.itl:!~uJJ ~.,tq_c_l~rs~§Jl<!iQg...9J its c.Q.!l§~\!!,m.~£~.....(People vs. Caguioa, L-38975, June
17, 1980.)

3These forms of detention of personfl arrested by the m ilitary for alleged subversive

activities or fot· being critical of the government were found to be prevalent under a previous

regime especially during th e period of martial law, from Scptembt!l' 21, 1972 to January 17,

1981. Oi fferen t forms of torture were also practiced.

Sec. 13 ART. III. - BlLL OF RIGHTS 107

ble in evidence before any proceeding4 and violators· shall be subject to
penal and civil sanctions to be provided byJaw. For humanitarian reasons,
such law to be enacted by Congress shall provide compensation for and
rehabilitation of victims of torture or similar practices, and their families.5

When rights can be invoked.

Section 12 provides the procedural safeguards to secure the rights of
the accused particularly the privilege against self-incrimination ofpersons
under arrest or in custody of law enforcement officers. The words ~d.e.r
i_ny~!Jtjg~~jQ:Q" includes ~Y..S.tQ.dis!UJJ..ID..r.Qg.~Ui.o.n QdnYe.l?~!gG.~t.io'!l where the
proceeding is r..ot a mere general inquiry into an alleged crime, but has
begun to focus on a particular suspect taken into custody by the police who
carry out a process of interrogation.

These rights are thus available the moment an arrest or detention,
with or without a warrant, is made. The authorities must insure that the
accused is apprised of his rights and that they are availed of by him.

Waiver of right of silence and to counsel.

Th~ rig_ht pf ~il.E2!l.~~a.,n<;l ~~ ~oun§~l~aJl.n.Q.t be w..aiYflrl...e.xce.ptin..writing

~.!}~. i~_t~e pr~~e_n~~-QLc.m.u::w.el. This requirement which is not found in
the 1973 Constitution is directed against abuses in the past whereby
written waivers by the accused or detained persons without assistance of a
lawyer were employed to circumvent constitutional protection on human
rights.

SEC. 13. All persons, except those charged with offenses
punishable by .reclusion perpetuo when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient sure-
ties, or be released on recognizance as may be provided by law.
The right to bail shall not be impaired even when the privilege
of the writ of l];abeas corpus is suspended. Excessive bail shall
not be required.

Meaning of bail•

...IJ.fJiJ.. is the security required by a court and given for the provisional or

temporary release of a person who is in the custody of the law conditioned

, 4The failure of an accused under police custody to deny statements by another implicat·

ing him in a crime especially when such accused was neither asked to comment nor reply to

such implication or accusations, .t;.Q.l)IJOt.l;w.J:.Qnsidered a tacjt adtnia.aio.u Qf.the..cr.S (People

vs. Alegre, supra.)

"RA No. 7309 (~arch 30, 1992) creates a B..om of.Claima under the Department of

Justice for victims of unjust imprisonment or detention and victims of violent crimes.

108 TEXTBOOK ON THE PHILIPPINE CONSTITUTION SE!{:. 13

upon his appearance before any court as required under the conditions'
s peci fied. 1

Purpose and form of bail.

~r)" The purpose of requiring bail is to relieve a n accused from impris-

onm~nt until his conviction and yet secure his appearance at the triaP The
right to bail is granted because in a ll criminal prosecutions, the accused is
presumed innocent. (see Sec. 14[2].)

(;f it may be in the form of cash deposit , property bond, bond secured
from a surety company, or recognizance.3

Who may not invoke the right to bail.

The right t o bail is avail able to any person arrested, detaine d, or
otherwise deprived of his liberty, whether or not an information (criminal
complaint ) has been filed against him. 4

( 1) It cannot be invoked where the applicant is not yet in custody of the
law because he went into hiding and is at Jarge, and hence, a free man even
when he has already been criminally charged in court. The purpose of bail
is to secure one's release and it would be incongruous to grant bail to one
ywho is free .5

(2) It is a lso not available to one charged with capital offense or an
offense punish able by reclusion perpetua, life imprisonment, or death if the
evidence of his g uilt is strong. (Sec. 13.) The judge, however, has no
a uthority to deny baii without t a king into account the evidence presented,
a t the time the accused applied for bail, as to JY.~ guilt. There must be a

hearineEven when evidence of guilt is strong,~!'J:il may be granted where

there is no probability that the defendant would fle e r ather than face the
verdict of the court,6 or after conviction , on humanitarian ground where the
life or health of the convict may be endangered by continued confinement
pending appeal.7

(3) Under the Rules of Court, "no bail sh~ll be a llowed after the Judgment
has become final, or after the accused has co,.;,menced to serve sentence.''8

1See Rules of Court, Rule 114, SE!{:. 1. I .

/

_/

2Almeda vs. Villaluz, L·31665, Aug. 6, 19'i;J.

3See Rules of Court, Rule 114, Sec. 1. A'fecQilnizg.nce is a simple personal obligation or

unde~taking ente red into before a court and having no money penalty attached. (Webster's

3 rd Jot. Diet.) Thus, a n accused may be te mporarily released on his own recognizance to the

custody of a responsible member of the community. Congress must enact a law providing

when recognizance may be allowed in lieu of bail.

•Teehan kee vs. Ro vira, 75 Phil. 635.

5Feliciano vs. Pasicolan, L-14657, July 31, 1961.

6See Rules of Court, Rule 114, Sec. 21.

' See Montano vs. Ocampo, 49 O .G. 1855, Jan. 29, 1953.

8De Ia Rama vs. People's Court, 77 Phil. 46.

Sec. 14 ART. HI.- BILL OF RIGHTS 109

When the privilege of the writ of habeas corpus is suspended, the right
to bail, even for the commission of national security crimes (see Sec. 15.), is
still available except as provided in Section 13.

Meaning of capital offense.

l'i.tr;_apita(._9ffen~e, for purposes of the above provision, is an offense
which, under the law existing at the time of its commission, and at the time
of the application to be admitted to bail, may be punished with reclusion
perpetua, life imprisonment,9 or death.

Excessive bail prohibited.

The Constitution ordains that excessive bail shall not be required. (Sec.
13.) Without the explicit injunction, the right to bail would be a meaning-
less farce.

WhJ!t .arrw\.rn.L1~ a reason~b.h~_P.~!Lr.~sts_mainly \.lllQnj;_hEt gi!)~r~ti()n of

.th~jl,ldg~. He has to take into a,ccount in deciding the matter, among
others~he nature of the offense, the penalty which the law attaches to it,
ihe prbbability of guilt, and~he financial condition of the accused. 10 That
which is reasonable bail to a man ofwealth is equivalent to a denial ofright
if exacted of a poor man charged with a like offense.U Also, the amount of
bail may be reasonable if considered in terms of surety or property bond,
but excessive if required in the form of cash. Th~LQ.P.tilm.to..~W.S..La.c.ash bond
n.:r:im~d..ly.JwlQ.ngS_.t.o. the accused. 12

SEC. 14. (l) No person shall be held to answer for a criminal
offense without due process oflaw.

{2) In all criminal prosecutions, the accused shall be pre-
sumedinnocent until the contraryis proved,and shallenjoy the
right to be heard by himself and counsel, to be informed of the
nature andcauseoftheaccusation againsthim, tohave a speedy,
impartial,andpublictrial, tomeetthewitnessesface to face, and
to have compulsory process to secure the attendance of wit-
nesses and the production of evidence in his behalf. However,
after ar:raignm~.n.L !r.t~!.m_~..IrrOC_~~.d.~.o~withstandin.a...th~.~b­

.s~fth~.accused.P.ro..Y.ided that h~ has been duly nqtifi~.4 a~d

bj~J~!ll.!!-:~-~~-~P.P~~;rJs unj!lstifii!Ple.

9R.A. No. 7659 (Dec. 13, 1993) has restored the death penalty on certain heinous crimes.
Section 13 speaks of reclusion perpetua, not life imprisonment. In law, they are different
penalties. For ou1· purpose, we shall not concern ourseh·es with the fine distinctions hf'tween
the two. Suffice it to say t;•at under the R~les of Court, life imprisonment is included. (Rule
114, Sec. 7.)

10See Rules of Court, Rule 1 J4, Sec. 10.

"1 Coole:v 644.
'~Almeda vs. Villaluz. L-31665. Aug. 6. 1975.

11 0 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 14

Right to due process of law
in criminal cases.

A person cannot be held to answer for a criminal offense without due
process of law. (Sec. 14[1]; see Sec. 1, supra.) Due process in this context
pertains more to the procedura l aspect. It requires that:

<f) The accused must be -

(a) tried before a competent court (i.e., court having jurisdiction);

(b) given a fair and impartial trial; and

(c) allowed to use all legal means and opportunity to defend him-
self; and

(~) The judgment awarded against him must be within the authority of
a valid law.

As applied to a criminal trial, denial of due process, it has been said, is
the failure to observe that fundamental fairness essential to the very
concept of justice. 1

Right to presumption of innocence.

In all criminal prosecutions/ the accused is presumed innocent until
the contrary is proved. (Sec. 14[ 2].)

(1) A ..s.a£eguard. agg,~n.f!~.fal.s_f!_ conv.!£.!ion. -This presumption of inno-
cence is a guarantee that no person shaiT be convicted of a crime except
upon confession or unless his guilt is established by proof beyond reason-
able doubt which is more than just a preponderance of evidence sufficient
to win in a civil case. Its purpose is to balance the scales in what would
otherwise be an uneven contest between the lone individual pitted against
the government and all t h e resources, authority and influence at its com-
mand.3The presumption takes an even more paramount significance in
offenses involving the capital punishment.•

(2) Re..fl!:l-ire!J1f.!1t.Q[P!09[ gfgu_i_l~.IJ.~YQ~.d.r~Cl:§I9JJ:.C!£~e__<jg_l~QJ. -The bur-
den of proof in a criminal proceeding i~ upon the prosecution.~ Its evidence
must be strong enough to convince the 'court that the accused is clearly and
unmistakably guilty, not because he dmnot prove that he is innocent, but
because it has proved that the accus~ is guilty beyond reasonable doubt.6

1Lisenba vs. California, 814 U.S. 219.
,.rhe t erm t;dmi.M~ .J!!OS~i oss has always been interpreted to mean proceedings
before the t rial court ft~JP.~ JtX!'!.!.gl)!l'le.n!!!nJm.l~.nJ.Q._the r endition of decisi~Jl!. (People vs.
Corachea, 91 SCRA 422, July 16, 1979.)
3People vs. De Guzman, 194 SCRA 601, March 4, 1991.
•People vs. Lagmay, 306 SCRA 157, April 21, 1999.
~Thus, a suspended PC-CIS was acquitted of the charge that he "knowingly and falsely
represented himself to be [such an) agent" in the ::.bsence of proof tha t he was duly notified of
his dis missal before the commission of the alleged crime to ove rcome the constitutional
pres umption of innocence . (Gigantoru vs. People of the Phils., L-74727, June 16, 1988.)
6People vs. De Guzman, note 3.

Sec. 14 ART. m. -BILL OF RIGHTS 111

In case there is a reasonable doubt of his guilt, the accused is entitled to

acquittal." ...It is better to acquit a person upon the ground of real;lonable
d~~~!-~_':.-en.t~~--~~-ii ~:~:illai~!i.i~iliiiFe-g~i.J~y;_t.hanto1ni1Tcti_mE~Iso~~e~t___
~Q.!l~__'£h_o mav.hti:nJl$..J;lllt...''il
•

Statutory presumptions of guilt.

There, is, however, no constitutional objection to the passage of a law
providing, even in criminal prosecutions, that the presumption of inno·
cence may be overcome by a contrary presumption, founded upon the
experience of human conduct- that when certain facts have been proved,
they shall bP- prima facie (i.e., sufficient for proof if uncontradicted) evi-
dence of the existence of the main fact in question.9 The State is only
required to establish a prima facie case after which the accused is given an
opportunity to present evidence to rebut it. 10

Under our Rules of Court, for instance, it is presumed "that a person
found in possession of a thing taken in the doing of a recent wrongful act
(i.e., theft) is the taker and the doer of the whole act."11 The ground for the
presumption is that men who come honestly into the possession ofproperty
have no difficulty in explaining the method of which they come into such.12
If upon such presumption taken in connection with the other evidence, it
may fairly be concluded beyond a reasonable doubt that the accused is
guilty of the;~ft, a judgment of conviction may properly be entered. 13

Right to be heard by himself
and counsel.

Implementing the right to be heard, the Rules of Court provides:

'-l) "In all criminal prosecutions, the defendant shall be entitled x x x to
be present and defend in person and by counsel at every stage of the
proceedings, from the arraignment to the promulgation of the judgment. ;4

~) "The accused must be pre5ent at the arraignment and must per3on-
ally enter his plea.'"

(3 J "After a plea of not guilty, the accused is entitled to two 12 1days to
prepare for trial unless the court for good cause grants him further time. 16

"See Rules of Court, Rule 133. Sec. 2.
"Peoplt! vs. Manoji, 68 PhiL 471.
9 1 Cooley, 639-641.
'('People vs. Mingoa, 92 Phil. 857.
t:Rules of Court, Rule 131, Sec. 5.
:2See U.S. vs. Ungol, 37 Phil. 835; U.S. vs. Espia. Hi Phil. 506
~3U.S. vs. Cat.imbag, 35 Phil. 367.
' 1 Rule;; of Court, Rule 115, Sec. 1.
''•Ibid., Rule 116, Sec. Hbl.
1~/bid., Sec. 9.

112 1'F.XTBOOK ON THE PHILIPPIN E CONSTITUTION Sec. 14

f4) "Before arraignment, the court shall inform the accused of his right
to counsel and s hall ask him if he de~ires to have one. Unless the accused is
allowed to defend himself in person, or he has employed counsel of his
choice, the court must assign a counsel~__9{jcio to defend him ." 17

Even if the guilt of the defendant is very apparent, a hearing is still

indispensable. He cannot be punished upon a doubtful assumption. 1A Lack

of notice of h earing violates procedural due process.19 ·

Meaning and purpose of arraignment.

( 1) The arraignment is made in open court by the judge...ar..cl.c.r.k. and
consists in furnishing the accused a copy of the complaint or information

with the list of witnesses, r eading the same in the language or dialect
known to him and asking him whether he pleads guilty or not guilty.20

The compla int is filed in court usually by the prosecutor after due
investigation.

( 2) It is at t he stage of arraignment that the accused, for th e.first time,
is granted the opportunity to know the precise charge t hat confronts him Y

Importance of the right to counsel.

The right to.be..h.eard would..b.e.of lit.tl~_;;\Y~!Uf...i.tdoes_:r!~~JP..~ludU}].~
tight tu..be. h~rd by_~:unsel

Even the most intelligent or educated m an may have no skill in the
scien ce of t he law , particularly in the rules of procedure a nd without
counsel, he may be convicted not because h e is guilty but because he does
not know how to establish his innocence. And this can happen more easily
to persons who are ignorant or uneducated. It is for this reason that the
right to be assisted by counsel is deemed so important that it h as become a
constitutional right~~ not subject to waiver by the accused.2:1

Right to be informed of the nature and cause

of the accusation against him.

(1) Sp_e.cific..a.Jk_gqij,gn::; of crim,~ charge4. - This right implies that the

offense which a person is accused of be made known to him. The criminal
complaint or information should be sufficiently clear to a person of ordi-
nary intelligence as t.o what the ch a rge is so as to enable him to prepare his
defense. It is imperative that. he is thus made fu lly aware of possible loss of

'''!hid., Rule 116, Sec. 6.

'"RcycJS v:>. Subido, L-27916, Aug . 21, 1965.
'"Sec. of Finance vs. AgaH<I, L-36276, ,Jan. 17, 1978; Loquias vs. Rodri guez, L-:l8388,

July 31, 1975.
21'Rulcs of Court, Rule 116, Sec. 1.
2 ' Borja vs. Mendoza, L-45667, June 20, 1977 .
22Peoplc vs. H olgado. 85 Phil. 752; Flores vs. !l.uiz, L-50707 , May 31, 1979; see People vs.

Malunsing, L-29015, April 29, 1975; Borja vs. Mendoza, 8up ra..
2aSee, however. not-e under Sect.ion 12.

S ec. 14 ART . III. - BILL OF RIGHTS 113

freed om , even of his life, depending on the nature of th e crime imputed to
him .z4

(2) flgi!~~.J!::t.._!?LCl:.(}_C.fiS~.!J. .YJ..!J:Q.s_~..r.i:KIJL.b'U:!i2Jgtetf:. - - This requirement of

notice is indispensable inasmuch as in criminal cases not only the liberty
but even the life ofthe accused may be at stake. Thus, there is a violation of
the right whe1·e an accused h as been charged with an offense and convicted
of another,25 or where no a rraignment (supra.) of the accused has taken
place.26 The proceedings in s uch case may be challenge d and annulled in
the proper court, at the insta nce of the accus ed. But a n accused may be
convi cted of a less er offen se (e.g _, theft ) included in t hat (e_g. , robbery )
which is charged.

Right to have a speedy, impartial,
and public trial.

(1) ,Speedy_lzjgJ. - Our s tatutes do not define wit h precision what
constitutes time for speedy trial. It has been said, however, that a "speedy
trial" means one that can be had as soon as possible, a fter a person is
indicted and within sue!:! time as the prosecution, wit h r easonable dili-
gence, could prepare for it. It sh ould be a t rial "conducted according to fixed
rules, regulations , and proceedings of law free from vexatious, capricious,
and oppressive delays." It does not mean undue haste but one conducted
with reasonable promptness consistent with due course of justiceY It
necessarily depends upon the circumstances. Consequently, reasonable
postponements are allowed.

The observance of the right to have a speedy trial is important. A long_
.<l~lay in the ju<:U~Jal p_roces ~ . s~rv~ s ~§.a xefuge of the .~~.~.U$Jtd_if he. is guilty
. ~?.d e:_conE-?Uif!.g ~1ljt1~!iCE! _for_Jl_i_!llif.he i~.iJlrl.Q£.~11~ · In det ermining whether
there has been a denial of the right to speedy trial, t.he_te.st is t o begin
counting the delay from the time of the filing of the information <criminal
complaint).u

( 2 ) Im..Il~r1ia~. 1r.ia{. - An impartial trial is certainly a basic require-
ment of due process in crimina l proceedings_ Im-partiality implies .an .a..b-
l;l~nce of actuall:>i~§jn_the._Lrial. of cas.e..s. 'to this end, no m a n can be a judge
in his own case and no ma n is permitted to try cases where he has an

int.er.e.at•.p~<;:P._niarypr otherwise, in the putcome}9 Thus . a com-iction under

an ordinance whereby a portion of the fine imposed we nt to the judge and
the remainder to the municipa l treasury is a violat ion of du e process oflaw.

"l•Borja vs. Mendo?.a, Sll p ra ; Mat ild e, J r. vs. Jab~on . L -:3 ~ 39 :2 . Dec. 29, 1975.
1~Peoplc vs. Abad Santos, 78 P hil. 774 .
2GU.S. vs. Sobrevinas, 35 Phil. 32.
~7Conde vs. Rivera, 45 Phil. 650: Kalaw vs . Apo,;tol. 64 Phil. 852.
28P eople vs. Orsal, 112 SCRA 226 · 1982 ·. Bd>·.-~Q >.J9J. •Feb. 12, 1998), known as the
"Speedy Trial Act of 1998," prescr ibes a time limit for trial. be tween arraignment and trial,
and following an Order for !I new t riaL to emure a speedy trial of all criminal caRes.
2~ln rP. Murchison, 349 C.S . 133.

114 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Soc. 14

Evgn__pr.ru:e.d.ure which would offer .euen. onl:y.a .p.os.•£b.Le. .t.em.ptatian .to tb.e

judg~ tofo.rget t.he bu:r:-<ien .ofproof.requil:ed.to.convict the..defe.u.dant, denies.
the ~~~ter_d~~ prg_c~~~ of) ~ w2°

"A judge has both the duty of rendering a just decision and the duty of
doing it in a manner completely free fr om suspicion as to its fairness and as
to his integrity. While judges should possess proficiency in law in order
that they can competently construe a nd [apply] the law, it is more impor-
tant that they should act an d behave in such a manner that the parties
before t hem s hould have confidence in their impartiality."·11

(3) P..ublic tr..iaL -The requirement that the t rial be public is not meant

that every person who sees fit shall in all cases be permitted to attend criminal
trials. A public trial is not of necessity one to which the whole public is
admit ted, but it is one so far open to all, as that of the accused's friends and
relatives and others who may be inclined to watch the proceedings in order to

see if justice m.intellig!m.ili':.JLI\d..im.P~u:t~Uy _a.<iro.inister~4, so that they may

have an opportunity to do so. There may be and often is justinable occasion to
exclude from a trial those who are inclined to attend from idle or morbid
curiosity only, especially in cases (e.g., prosecution for rape) where public
mora ls and public decency require it.32

~ig~_oo~QnJrontation of witnesses.

The accused person has the right to meet the witnesses face to face .
There are two important reasons behind this right.

( 1) G.r..osl:l:...~gJ.minatio.ILQ[¥JJ1.~§.~-~~-Qy_j.h.g...Q£tY.~ed. - The first is to give
the accused an opportunity to cross-examine witnesses against him to test
their recollection and veracity. He may not, therefore, be convicted upon
;he mere depositions or ex parte (of or fro m one party) a ffidavi ts (sworn
written statements} of his a ccusers. Thus, a doct or who executes a medical
certificate must be presented for examination.

(2) As_s._e~.!llJJ:.fl!J..t...l!J_Jl' lf.. q_9!!:J:L9f' witneti.i...sr.M..ib.WJy . -- The second is to
give the judge, as the trier of facts, an opportunity to sec the dcnwanor and
appearance of witn esses while testifying.a3 / ..- ---·-·--..,

Right to compulsory production
of witnesses and evidence.

The accused has the right to have compuhmry process issued t o secure

the attendance of witnesse s and the production of evide nce in his behalf.

(Sec. 14[ 2].) ·

·IO'fumey vs. Ohio, 27:3 U.S . 510.
·"Tan, Jr. vs. G~ llardo, L -41213-14, Oct. 5, 1976.
'12S ee Cooley, Principles of Constitutiona l Law. l3rd1 320-321.; see Rule;-; of Court, Rul e
119, Sec. 13.
3·lU.S . vs. Javier , 37 Phil. 449; U.S. vs. Tanjuanco, J Phil. 374 ; U.S. vs. Bello, 11 Phil.

526; People vs. E s1.enzo, etc, and Ojoy, L-4116t'l, Aug. 25, 1976.

Sec. 15 ART. lJI. - BILL OF RIGHTS 115

(~ Under the Rules of Court, an accuse d per son is e ntit led to have
subpoenas (order to a per son to appear and testify in court) issued to
compel the attendance of witnesses in his favor, including a warrant of
arrest, if needed.a4 He must , h owever, make reasonable and diligent effort
to ha ve them cited to appear and testify, otherwise, the court may properly
r efuse to postpone the trial inspite of the absence of his w itnesses.~r, He may
a ls o ask the court to order a person to produce in cour t certa in documents,
a r t icles, or other evidence and testify with r espect to th em . This order is
called subpoena d uces tecum. 3~

(2 ) Likewise, the court, u pon pr oper a pplica tion of t he defendant, may
order th e prosecution t o produce or permit the inspection of evidence (e.g.,
written statements given by th e complainant a nd other witnesses in any
investigation of the offense) material to any matter involved in the action,
in the possession or under th e control of the prosecution , the police, or any
other law-investigating agencies .37 Thus, another mode is assured the
accu sed of meeting the evidence that might be presented to prove his guilt.

Trial in the absence of the accused.

~e c~n~!~tutional ri_gh~. ~_! th~ acc~_ed .t<.?.~e_p~.r~~~~l.ly p_r e.sent .~nd. to

~~-_!?.~rd_i_r!_Jlis d~fe~~~..Y. hi'Q:12 elf ma_y_Q_e__!V~iv~<L9.Y. .him:...Thus, trial may

proceed notwithstanding the abse:11ce of the a ccu sed provided that three
condi tions concur:

( 1) _He has b~en a.n:.~!g~~~. iss

(2) Be. ~_as be..~I_l. duly..Q.Q.t!(i,e~ of..the .tri.~}~ and

(3) !:!is f~.il~~.~.~~- a.P.p~a.:U.!?. .VJljJJ.&tifi.a.hle, (Sec . 14l 2J.)
The rule is in the int er est of a speedy administration of justice which
sh ould be afforded not only to t he a ccused but to t h e offende d party as well .
An accu sed cannot, by sim ply escaping, t h wart his pr osecution a nd possi-
bly, eventu al conviction provided only t hat the three conditions mentioned
are present .39

SEC. 15. The privilege of the writ of habeg s cQrpus shall not
be suspended except in cases of invasion or rebellion when the
public safety requires it.

Meaning of writ of habeas corpus.

T he wr:iJ._Q{_h_ab~JJ.~..S.9.r.J2u.s is an or der issued by a court of competent
j urisdiction, direct ed to th e per son det aining another , commanding him to

3' See Rules of Court, Rule 2 1, Sees. 1, B.
3~t.J. S. vs. Pellejera, 17 Ph!l. 587; C.S. vs. Garcia. 10 Phil. 384.
36See Rules of Court, Rule 116, Sect io n 11.
3;See Ibid.
3ABo rja vs. Mendoza, supra.
~&Peo ple vs. Salas, 143 SC RA 163. July 29, 1986.

116 TEXTBOOK ON THE PHILIPPINE CONS'l'ITUTION Sec. 15

produce the body of th e prisoner at a designated time and place, and to
show sufficient cause for holding in custody the individual so detained.

Purpose of the writ.

It has for its purpose to inquire into all manner of involuntary r estraint

or detention as distinguished from voluntary· anci'..i(; -relieve a person
therefrom if such restraint is found illegal. 1-'he wri~ is the proper remed_y

.in each a_nd every case of..dewntion 'V!'ithout l~gal cause or aut!l.ority.1 Its
R.t.~_nc!p:a_l.P.Y....IP.Q~.~--t.h~.:n..ia.1u...sllihe.in.dividual at.hberty.

How writ operates.

This is how the writ of habeas corpus operates to safeguard the liberty
of a person:

The ..w.:is~meE.~!. _a~y_p~rs~ in his behalf petitions the proper court,
which immediately issues the writ. It is sent to the person having another
in his custody. Such person is order ed to produce the prisoner in court at a
specified time , together with an explanation of the cause of the detention,
called the.r£1Jg_f:!.· After the order is obeyed, the judge scruti nizes the return
and then decides whether it shows that the imprisonment is authorized by
law. If so, the prisoner is remanded- sent back to custody. If not, he is set
free at once by the judge.2

Suspension of the privilege of the writ.

"(be P£i.V..iJ.f!ile of the writ of habeas corpus (not the writ itself) ~E.. '!)~ . ,
. ..§.llSp~nde~- by the Presf4~nt (Ar'f.' VII; 8ec~· l 8."fit}._~ase only of i.IJ.yasio.!! or
-.r_egel'"l'-i·o-·-n,t~ben safety_req~iFes it.3 Consequeb.,tly,
', pul?lic \ the person under

.
detention by the government may not obtain h is liberty by its use.

While the person detained must still be produced in court, the official
or person detaining him may ask the court not to continue the proceeding
any further as the privilege of the writ as to that particular person seeking
release has been suspended. Unlike in cases where the privilege of the writ
is available and in full force and effect, the judge thus may be prevented in
the event of suspension fro m determining whether or not the detention is
authorized by law.4 But the Supreme Court is empowered to inquire, in an
appropriate proceeding filed by any citizen, whether or not there was
factual basis to justify the suspension by the President of the privilege.

'Villnvwencio vs. Lukban, 39 Phil. 778 .
2See Chafee, The Most Im portant Ri ght in the Constitution, 32 Boston Univ. Law Rev.
143; see Rules of Cou r t, Rul e 102.

!YJ'bc phrase "or imnUnent danger th er eof ' in the former provis ion has been deleted
hecause of its ambiguity.

•See Tanada and Fernando, op. cit., p. 530.

SP.C. 16 ART. lll. - BILL OF RIGHTS 117

The suspension_?f tl't~ .P~~vileg,eof the writ enab.l~s the State "to hold in
preventive-i'inpr1~~.nli!~nt~~c,l!Il_g i_n_v.:~~.>tigation and trial of perscms who_

E,lot agafnst it.'o:r cqrpm.it acts that ..endanger its very.exi_st~nc~,''" (see Sec.

13.)

This topic is further discussed under Article VII (Executive Depart-
ment), Section 18.

SEC. 16. All persons shall have the right to a speedy disposi·
tion of their cases before alljudicial, quasi-judicial, or adminis·
trative bodies.

Right to speedy disposition
of cases.

(l). T!t~...~b.<>.V..~ .P!~visj.f>_t:l.~!ili.<.>lds the time-hQnored_ traditj.<>..r.u~Ls.pe~dy
iu.~t_i_'l~(Qt as &tate.d. in.the...2ld fi.ic.wra..- ':d!lsti~-~- 9~}Ji_y~ ~S.i'l.§tic~ denWL"

Its express inclusion was in response to the common charge against the
perennial delays in the administration of justice which in the past has
plagued our judicial system. One need not stress the fact that a long delay
in. the disposition of cases creates mistrust of the government itself and
this may pave the way to one's taking the law in his own hands to the great
detriment of society.

On the other hand, th~__o]?_s~rvan.c.~_ c;>[ "tl").,eright to a sp~~dy disposition

of.their ca~~~:~n..han~~-s.th.~..P~Q,ple's re~.Q~G.i.J~n: 1huruv .and faith in..their.

iQ.Y_EITnm.~m.t

(2) The right to a speedy disposition of cases can be invoked only after

the termination of the trial or hearing of a case. Like the right to speedy

trial in criminal prosecutions (Sec. 14[2].), it is necessarily relative. It is
consistent with reasonable delays and usually depends on the circum-
stances.2

</) Under the present Constitution, the Supreme Court, all lower colle-

giate courts, and all other lower courts are required to decide or resolve
cases within a certain period of time. (see Art. VIII, Sec. 15l1J.) With the
setting of an absolute time limit in the disposition of cases, a court litigant
will not have to·wait indefinitely anymore for his case to be decided.3

(,i.) The provision contemplates the disposition of cases involving pri-
vate interests not only before judicial bodies (i.e., courtsi. but also before

"See Padilla vs. Ponce Enrile, L-61388, April 20, I98:t

'Section 14 guarantees the right to speedy trial in criminal cases. Section 16 covers all
phases of any case before judicial, quasi-judicial, or administrative bodies from its filing to
its disposition.

2Beavers vs. Haubert, 198 U.S. 77.
8Examp1Ps of mea11ures intended to promote expeditious dispensation of justice are
Presidential Decrees No. 26, 77, 126 and 204; see Sec. 14, last sentence, supra.

118 TEXTBOOK ON THE PHILIPPI NE CONSTITUTION Sec. 17

quasi-judicial (i. e., executiv~ agencies performing adjudica tory functions
similar to those of courts, like the National Labor Relations Commission,
Securities and Exchange Commission, etc.) a nd administrative bodies (i. e.,
executive agencies perform ing limi te d adjudicatory functi ons, such as the
bureaus under the differ ent departments).

SEC. 17. No person s hall be compelled to be a witness against
himself.

¥ight against self-incrimination.

No person s hall be compelled to be a witness against himself. (Sec. 17.)
This is a protect ion against self-incri mination which may expose a person
to criminal liability. It is founded on grounds of:

( 1) Public policy, because if the party is thus required to testify, he
would be placed..li.nder the strongest temptation to commit the crime of
. pe_~:u.r1; and

(2) Humanity, because it prevents the extortion of confession by du-
ress.1 - -- -....

Th e constitution a l gu ara ntee protects as well the right of the accused
to silence, and his silence, meaning, his failure or refusal to testify, may
not be used as a presumption of guilt or t aken as evl'dence against h:m.2

Scope of guarantee.

The right against s elf-incrimination applies in criminal cases as well as
in civil,·administrative, and legislative proceedings where the fact asked
for is a criminal one. It protects one whether he is a party or a witness.3

Nature of guarantee.

(1 ) rl!.e._right _i~__purely persona l an_t;l ma,y_l,>_e,_W.4.i.v.~ ~- It was never

intended to permit a person to plead th e fact that some t hird person might
be incriminate d by his testimony, even though h e were t he agent of such
person. 4

(~) It may not be invoked to protect a person against being compelled to
testify t o fac ts which may expose him only to public ridicule or tend to
disgrace him ;

Ci ) It may not be invoked simply because the testimony might subject

one to some liability not arising from any criminal a ction;

1U.S. vs. Navarro, 3 Phil. 63 .

zu.S. vs. Luzon , 4 Phil. 343; Chavez vs. Court of Appeals, 24 SCRA 663.
JBermudez v.:;. Castillo, 64 Phil. 483; McCarthy vs. Arnsdtein, 266 U.S. 40.
4People ve. Alegre, L·30123, NQv. 7, 1979; Hale vs. Henke l, 201 U.S. 43.

Sec. 18 ART. IlL - BILL OF RIGHTS. 119

(4) It is applicable only to a _pr_~s~nt n.ol fl__p_~~.! .£.riminality _which
involves no present danger of prosecution. Hence, a witness cannot refuse
to testify as to a crime which has already prescribed" (i.e., the crime is no
longer subject to prosecution due to the lapse of a certain period of time);
and

f5) It can be availed of only against testimonial compulsion.

::

Form of testimony prohibited.

The constitutional guarantee that no pers~m shall be compelled to be a
witness against himself is limited to prohibition against <;,ompu~o.ry_tesn­

mQ.niC1!...§.~lfiA~l-ill}jQ~!!Ql!..- extricating from defendant's own lips, against

his :will, an admission of his guilt.

ylt extends to the production by the accused of documents, chattels, or
other objects demanded from him, for then he is compelled to make a
statement, express or implied, as to the identity of the articles produced.6
The refusal of a person to produce a specimen of his h.~D.!iw...riting is also
included within the privilege. The reason is that writing is not a purely.
mechanical act. It requires the application of intelligence and attention
and is equivalent to testimonial compulsion.7

However, there is no violation where:

\1) the accused is forced to discharge morphine from his mouth;8

~) the accused is compelled to place his foot on a piece of paper to
secure his footp1·int;9

(;~,) the accused is compelled to be photographed or to remove his
garments and his shoes;w

(4) where a woman accused of adultery is compelled to permit her body
to be examined by physicians to determine if she is pregnant; 11 and

,·

V$) th~. uolly~tary col):_fe~~!9n (given in the preliminary investigation) of
the accused is admitted at the ·trial.12

SEC. 18. (I) No person shall be detained solely by .reason of
his political beliefs and aspirations.

(2) No involuntary servitude in any form shaD exist except
as a punishment for a crime whereof the party shall have been
duly convicted.

5lbid.
6Wigmore, pp. 864-865.
7 Beltran vs. Sam:-;on. 53 Phil. 5 70.
8 U.S. vs. Ong Siu Hong, 36 Phil. 7:'15.
9 U.S. vs. Sale:-;. 25 Phil. 337; U.S. vs. Zara, 42 Phil. 308.
10People vs. Otadora, 86 Phil. 244.
11Villaflor vs. Summet·.s, 41 Phil. 62.
12People vs. Carillo, 77 Phil. 572.

120 TEXTBOOK ON THE PHILIPPI NE CON'STTTUTION Sec. 18

Right against detention solely by reason
of political beliefs and aspirations.

(1) In.ca.rc..e.miio_n,y.;i_(hQut r,:h.fJ.rges qf~pqfiJi&aJJlri§ongs."- Upon the
declaration of mar t ial law on September 21 , 1972 under Proclamation No.
1081 of the then incumbent President , the military establishment carried
out a nationwide arrest and detention of known political opponents and
critics of the administration. Thousands of people were arrested and jailed
during the whole period of martial rule for attacking certain acts and
policies of the President, for exposing graft and corruption in the govern·
ment (or even cracking jokes about its slogans) for criticizing the President
and members of his family, for being m embers of cause-oriented and na-
tionalist organizations, etc. Many remained in incarceration for years
without charges filed against them. They came to be known as "political
prisoners" or "political detainees."

'· Even after the lifting of martial law by Proclamation No. 2054 on
January 17, 1981 up to the February, 1986 "people power revolution," the

privilege of the w rit of habeas corpus remained s uspended "for the crimes

of insurrection or rebellion , subversion, ccnspiracy or proposal to commit

such crimes and for all oth er cr imes and offenses committed x x x in

connection therewith." Many more were arrested and detained after the

lifting of martial law, for denouncing, among others, the authoritarian rule

of the President, human rights violations by the government, and enrich-

ment in office of people close to the President and the First Lady, for

advocating political, social and economic reforms, for espousing a lltgedly

radical doctrines, or for participating in protest movements and demon-

strations, or on mere suspicion of being subversive s or communist sympa·

thizers, and then charged with having committed crimes against national

security and public order.

(2) ~-E¥2£antee agg!.l)§!.t hay!rtDr:.i.§.9TY!!..§...of. conscience." - The inclu-
sion in the Constitution of the right against detention merely by reason of
one's political beliefs and a spirations is a r esponse to these r ecent events in
our history a nd manifests the great importance t he framers attach to it s
protection.

It is a positive declaration that within the democratic framework, the

w t)ple, for example, can freely s peak of what they think is wrong with the

government and its leaders, or seek changes in the government and its
policies which they believe to be necessary or the r emoval of publi c officials
unworthy of their (.rust. It is a guarantee that h enceforth , one can voice his
contrary views and ideas about the exist ing politi~al and social order, t hat

he can articulate his hopes and aspirations for the country, without peril to
his liberty. (e:ee Sec. 4.} It is a prohibttion directed to the government

against having "prisoners of conscience."

Meaning of involuntary servitude.

l.ml.gl~J:llt~,n_!?__l}r:_r;i~~ge denotes a condition of enforced, compulsory serv-
ice of one to another. It has been a pplied to any service or labor which is not

Sec. 18 ART. III. - BILL OF RTGHTS 121

free, no matter under what form such service may have been rendered.1

It includes:

(1 l SlaveQ' or the state of entire subjection of one person to the will of
anothet·; and

{2) feonage or the voluntary submission of a person (peon) to the will of
another because of his debt.

The term "slavery" is not employed in the Constitution because slavery,
as it existed in Europe and America, has never been practiced in the
Philippines.

Purpose and basis of the prohibition.

The purpose is to maintain a system of completely free and voluntary
labor by prohibiting the control by which the personal service of one is
disposed of or coerced for another's benefit which is the essence of involun-
tary servitude.2 Human dignity is not a merchandise appropriate for
commercial barters or business bargains. Fundamental freedoms are be-
yond the province of commerce or any other business enterprise.3

~~p_ti_o~s_t()_P!.9.1J.iP.iti()f1.:

Not every form of fon~ed labor is within the scope of the const~tutionaJ
provision. Thus, the prohibition does not apply:

o:J when the involuntary servitude is imposed as a punishment for a

~rime whereof the party shall have been duly convicted <Sec. 18[2].);

~) when personal military or civil service is required of citizens for the
defense of the State (Art. II, Sec. 4.);

~m to injunctions requiring striking laborers to return to work pending

settlement of an industrial dispute;4 ·

(4) to exceptional services, such as military and naval enlistment.
ThuS, a statute punishing sailors who desert their ship do not contravene
the constitutional provision. From immemorial usage, sailt1rs may not
leave their ships during a voyage;''

,5.) to exerci.se by parents of their authority to require their children to
perform reasonable amount of work; and

(6) when there is a proper exercise of the police power of the State.
(supra.) Thus, persons may be required to assist in the protection of the

1Rubi vs. Provincial Board, 39 Phil. 660.
2See Bailey vs. Alabama, 269 U.S. 269: Pollock,.~. \\'iJ::am.<, :~22 U.S. 4.
~caunca vs. Salazar, 82 Phil. 851.
•Kaisahan ng mga Manggagawa sa Kahoy \·:.. Gotamco Sawmill, 80 Phil. 521.
"Robertson vs. Baldwin. 165 F S. i'].').

122 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 19

peace and order of the community,6 or to help build or repair public
highways and streets. 7

SEC. 19. (1) Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. Ne ither shall
death penalty be imposed, unless, for compelling reasons involv-
ing heinous crimes, the Congress hereafter provides for it. Any
death penalty already imposed shall be reduced to reclusion
perpetua.

(2) The employment of physical, psychological, or degrad-
ing punishment against.any prisoner or detainee or the use of
substandard or inade.«fuate penal facilities under subhuman
conditions shall be d"alt with by law.

i

I

Right against excessive fi~es.

Tl}e__q~~-!?tj_q~ !!tl<!. th~ -~.!P.QUJ)J qf.th_e _fin ~l!l..~~-~! ~~ll_J:>e impose ~. i~e
addressed .to .the sound...di..scretion .af..the ..cow:.t. Jf it keeps within the limits
of a statute, the fine cannot usually be held unreasonable. 1

Courts will be justified in declaring a fine prescribed by a statute
excessive only when it is cle arly so, considering the nature of the offe ns e
and t he ability of t h e person punished to pay the fine.

Right against cruel, degrading, or inhuman

punishments. ·

This right 1 as..con.tra~distin guished .from the right.. against the use..of
~rtur.e..LSe.c....l21.2.1), can only....be..inY:oked.aitez:...c.onYic.ti.un.for a crime.

(1 ) 8.arm afpun ish ment. -- It can be said that punishments are cruel
and/or inhuman whe n they involve torture or lingering death, such as
burning alive, mutilation, starvation, drowning, and other barbarous pun-
ishment. The punishment of death by hanging, electrocut ion , or musketry
is not considered cruel within t.he meaning of t hat word a s used in the
Constitution.2 Nor is it inhuman. l.2f${i&rLP or banishment from a certa in
locality as a punishment is neither cruel nor inhuman and so valid,3

f}!Q i S QID~!!..~j!L~llg. wrumil.bring,a_s_hame and humiJ.ia.tlim.. tQ. .~

~!..2~·~po ses him to .~n~:mp~ o.r ri<!i~.~l~.... 9..rJowenL.hiA...diinity and

!i~-.. :.r.~~_p~C!__E..~!!_hUlll~!l.P~i-~_g. .

6 U.S. vs. Pompeye1, 31 Phil. 245.
' Henlev vs. State, 41 SW 352; Dennis vs. Simon, 36 NE 832.

'U.S. V l>. Valera, 26 Phil. 898; U .S. v~;. Sing, 37 Phil. 211.
1See Weens vs. United States, 217 U.S. 349.
snut ace Ibid.

Sec. 19 ART. III. -BILL OF RIGHTS 123

(2) /iJ.usm.t.ity o.r._.r:iJJ.r.aJ.i.Qll.JJiP.Ull~t. - It is ordinarily not taken

into account in determining whether the punishment is cruel or inhuman.
Hence, the mere fact that a punishment is displ·oportionate to the natul·e of
the offense would not make it cruel or inhuman. But all punishments
greatly disproportionate to the nature of the offense as to be shocking to
the human conscience would be both cruel and inhuman. Thus, the penalty
of life imprisonment or even death is not cruel nor inhuman when imposed
for treason, parricide, murder and other heinous offenses especially when
aggravating circumstances attended their commission; but it is cruel and
inhuman if imposed for petty crimes like slander or theft of small value.

It is not to be lost sight of that to be prohibited by the Constitution, the
punishment need only be cruel, degrading, or inhuman.

Purpose of the guarantee.

The purpose of the guarantee is to eliminate many of the barbarous and
uncivilized punishments formerly known, the infliction of which would
barbarize present civilization.4

The Constitution mandates that the employment of physical, psycho·
logical or degrading punishment against any prisoner or detainee or the
use of substandard or inadequate penal facilities under subhuman condi-
tions should be dealt with by law. (Sec. 19[2}.) This cuntemplates the
improper, unreasonable, or inhuman applicatjon of penalties or punish-
ments (Sec. 19[1].) on persons legally detained.

Imposition of the death penalty.

Section 19 abolishes the death penalty. It shall not be inflicted unless
Congress decides to reinstate it ''for compelling reasons, involving heinous
crimes" in which case it shall apply only to such crimes subsequently
committed.5 Death penalties already imposed upon the effectivity of the
new Constitution were automatically commuted to reclusion perpetua or
life imprisonment. (Sec. 19.)

The Constitution does not define what are ':Q._e.jn.oul5..crimes" but they

can be said to cover offenses that are exceedingly. or .flagrantlf.had or.Wl

o.r..t.b.qs_e .~o.mmi.W~cl...w.ith ..~l'tr~-m~LqY..~U.Y. ..a..s.... to shock the_ggD~.r-~Lmoral

~· such as treason, parricide, drug-trafficking, murder. robbery with
homicide, rape with homicide, killing a person in stages. etc., especially if
the crime is committed against children or defenseless people.

4See McEivaine vs. Brush, 142 U.S. 155. Examples of such punishments are those
inflicted at the whipping post or in the pillory. burning at the stake, breaking on the wheel,
disemboweling, and the like.

~R.A. No. 7659 (D.ec. 13, 19~3) restores the death penalty on certain heinous crimes and
R.A. No. 8177 designates death by lethal injection as the method of carrying out the capital
punisfiment-or death amending for this purpose the Revised Penal Code.

124 TEXTBOOK ON THE PHILIPPINE CONSTITUTION S()C. 19

( 1) Arguments against death penalty. - The propon ents of th e aboli-
tion of the death penalty are of the opinion that:

~) It is cruel a·nd inhuman for the convict and family who are
traumatized by the waiting e ven if it is never carried out;

(~ There is no conclusive evidence from penologists that it has a
special deterrent effect on criminality;

(c) It deprives the cop..via-ora.' chance of rehabilitation and refor-

m ation, death being ir:t;€versible;
/

(d) There is always a possibility of\error in condemning a person to

death;6 and \
(~ The state has no right to deprivh._~ person of his life; God is the

giver of life and only He can take it.7

(2) Arguments in favor of death penalty. - Those who advocate the
retention of death penalty say:

(a ) It is not cruel and inhuman because the manner by which it is
executed (now by lethal injection) does not involve physical or mental
pain nor unnecessary physical or mental suffering, and it is imposed
only for heinous crimes;

(b) It does discourage others from committing heinous crimes" and
its abolition will increase the crime rate;

(c) A convict by his own acts has forfeited his right to life and
sho~n his moral incapability to be reh abilitated and reformed;a

6This raises the question of making a judgment on which is the greater evil: to take the
life of an innocent person or to allow a vicious criminal to live and po!!Ribly escape prison.

1The Catholic Church has been th e foremost advocate of pro-life movements ackn owledg-
ing and defending the right to life. The Catechism of the Catholic Chur ch Cl992 edition>says:
"The t r aditional teaching of the Church has acknowledged as well-founded the righ t and duty
of legitimate public authority to punish malefactorR hy means of pena lties' commensurate
with the gravity of the crime, not excluding in cases of extreme gravity the death penalty."
(Catechism. Section 2266.) The 1997 revisio n on the death penalty states in relevant part:
•Legitimate public authority has the right and duty to inflict punishment proportionate to
the gravity of the offense ... . Assuming that the guilty party's identity and responsibilit.y
have ~o fully det ermined , t he traditional t eaching of t he Chur ch does not exclude r ecourse
to the death penalty, If this is the only possible way of effectively defending human lives
against the unjust aggressor." The new language basically cortveys the same idea as the 1992
edition. The doctrine, however, remains the same: th e right should be exercised only in cases
of absolute necessity, that is, 'when it would not be po!!sible otherwi.se to defe nd society." In
the Encyclical "The Gospel of Life" (March 25, 1995), Pope John Paul II declares that today
as a r esult of steady improvements in the organization of the penal system (No. 56), the cases
of absolute necessity are very rare, if not practically n on-existent.

8Pra.ctically all human beings fear the loss of thei r lives so that the death penalty cannot
but have a powP.rful deterring influence on humnn conduct.

~There is no statis tical evidence to prove that punishment by imprison ment alone has
been effective for purposes of rehabilitatio n of criminals, particularly wit.h the subhuman
con ditions in our penal ins ti tutions.

s~c . 20 ART. Ill. - BILL OF RIGHTS 125

(d) Its imposition is filled with numerous legal safeguards; 10 and

(e ) The State has the absolute right to take the life of a person who
has proved himself a great menace to society by way of self-defense and
as an example and warning to others. H

SEC. 20. No person shall be imprisoned for debt or non-
payment of a poll tax.

Meaning of debt.

Debt.. as intended to be covered by the constitutional guarantee, means
any liability to pay money arising out of a contract, express or implied.1

Purpose of prohibition against imprisonment
for debt.

The prohibition was brought about by the force of public opinion which
looked with abhorrence on statutes permitting the cruel imprisonment of
debtors. The Constitution seeks to prevent the use of the power of the State
to coerce the payment of debts. The control of the creditor over the person
of his debtor has been abolished on humanitarian considerations. One
should not be punished on account cf his poverty.

Mm:e.oxer, the..g.oy.ernm.entis..Jl.Gt a proper .par~.to.. private disputes. It

should not render its aid to one who deems himself aggrieved by ~mprison­
ing the other for failure to pay his debts.2

.:But if the debtor has property, the creditor has the right in a civil case
to have such property attached (i.e., taken into legal custody) as a means of
enforcing payment of the debt.

. Rrohibiti.o.n.limi.ted....to..cmltractual obligatioas
~-
The inhjbition was never meant to include (1) damages ansmg in

action ex delicto (criminal actions), for the reason that the damages recov-
erable therein do not arise from any contract entered into between the
parties, but are imposed upon the defendant for the wrong he has done and

10Although the death penalty has a lways been part of the ;;tatute book. specifically the
Revised Penal Code, a nd many sentences have been imposP.d , very few executions have been
cttuied out. The first execution by letha l inj ection of a conv icted rapist was carried out on
February 5, 1999. It was 26 y~ars ago during martial law ..,.-hen a military tribunal imposed
the deat.h pena!ty by firing squad on the h ead of a dn::g-pu:;hing syndicate. He was shot in
public.

11The State derives its authority ultimately from Gi:>d. ~ay not a criminal's right to life
give way to the right of s<><:i~ty tc sal f-defense''

'Tan vs. Stewart, 42 Phil. 809.
2S ee Canaway V!; . Quintin, 42 Phil. 802.

126 TEKTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 21

are con sidered a s a punishment therefor, nor (2) fines and penalties im~
posed by the cour ts in criminal proceedings as punishments fo r crime.3 !A

pe.x:sruuna.~J>.e...imJ.U'.lli!?..!l~.dJ.9J.:..failur~ to__paJ!_t~ (a s i t is not a debt).

In other words, debt , as used in the Constitution, r efe rs to civil debt or
one not arising fr om a criminal offen se.

Meaning of poll tax. ( /'

A p.alL Jax (or personal or capitation tax) is a tax of a fixed a mount

im posed on individuals r esiding within a specified territory, whether citi-

zens or not, without r egar d to their property or th e occupa tion in which

they may be engaged.4

The community tax (formerly r esidence t ax) is in t he nature of a poll
tax.

Purpose of prohibition against imprisonment
for non ~ payment of poll tax.

The constitutional right is a m easure dictated by a sense of h umanity
an d sympathy for t he plight of the poorer elements of th e population who
c)fnot even affor d to pa y their ced ula or poll taxes, now community t ax.5

t. , But a person is s ubject to impr ison ment for violations other t han for
non-payment of the commu nity tax (e.g., f~§if!c~.tjQp_g.fJh.e COm.J.!!UQ.ity t.l:i.X..
certificate), and for non-payment of other taxes if so expressly provided by
th e pertin ent law.

SEC. 21. No person s h all be twice put in jeopard y of punish·
ment for the s a m e offense. Ifan act is pwlished b y a law and an
ordina nce, conviction or acquittal under either shall constitute
a b ar to anot h e r prosecution for t h e same a ct.

Right against double jeopardy.

The r.ight_gggj_~~t_Q,OY..Q!_ej_egn.fy:sJ~ means that when a person is charged
with a n offense and the case is ter minated either by acquittal or conviction
or in any other manner without the express consent of the accu sed, the
latter cannot a gain be charged with the sa me or identical offe nse .1

The guarantee protects against the perils of a- second punishment a s
well as a second trial for the s a me offense.

3/bid .
'See 51 Am. J ur. 660.
lV.G. Sinco, op. cit. , p. 682.

1Melo vs. People of the Phils ., 85 Phil. 766; Rule 116, Sec. 1; Rule 117, Sees. 5. 9 ; Rule
118, Sec. 1.

Sec. 21 ART. HI. -BILL OF RIGHTS 127

B.eq.y!sjt~~ tc:>r. exJste.n(:.e. of.do.~ble. j~p~r~Y~.

Und~r present law and jurisprudence, the accused is pJaced in double
jeopardy if the following conditions are present:

()!} He has been previously brought to trial;

(;l) In a court of competent jurisdiction (i.e., court having jurisdiction);

(3) Under a valid complaint or information (i .e., sufficient in form and
substance to sustain a conviction);

(4) He has been arraigned (see Sec. 14[2].} and pleaded (either guilty or
not guilty) to the charge;

(~) He has bee11 convicted or acquitted or the case against him has been
dismissed or otherwise terminated without his express consent; and

<,~) He is being charged again for the same offense.2

The right cannot be invoked where a petition for a declaration of a
mistrial is granted on the ground that the proceedings .have been vitiated
by lack of due process, e.g., the prosecution and the judge who tried and
decided the case acted under the compulsion ofsome pressure which proved
to be beyond their capacity to resist and which not only prevented the
prosecution from offering all the evidences which it would have otherwise
presented, but also predetermined the final outcome of the case. A re-trial
becomes necessary.3

Right to appeal in criminal cases.

~ 1) The gox.er~ has no right, therefore, to appeal from a judgment
of acquittaL

(tt} The Wd:Used.,. after having been convicted, may appeal to a higher
court, but the latter may raise the penalty imposed on him by the lower
court and such is not secondjeopardy.4

Classes of double jeopardy.

It is to be observed that the provision deals with two classe:> of double
jeopardy.

.{1) Under the first sentence, the protection is against double jeopardy
for the same offen8e and not for the same act, provided he is charge-d with a
different offensetso an aci may give rise to more than one offense) except if
the "act is punished by fl law (enacted by Congress' and an ordinance"
(enacted by a local legislative body) in which case -conviction or acquittal
under either shall constitute a bar to another prosecution for the same
act."

2See Rules of Court, Rule 116, Sec. 1; Rule 117, Sees. 5, 9; Rule 118, Sec. 1.
3Galman vs. Sandiganbayan, 144 SCRA 43, Sept. 12, 1986.
•Kepner vs. U.S., 195 U.S. 100; Trvno vs. U.S., 11 Phil. 726.

128 TEX'rBOOK ON THE PHILIPPI NE CONSTITU'l'lON Sec. 22

~) The second sentence contemplates double jeopardy of punishment.

for 'the same ac! (e .g., 1llegal const ruction) ~nd it applies a lthough the

offenses charged are di fferent, one constitu~i{ig a ~·iolation of a statute a nd

the other of an ordinance. /

orSEC. 22. No ex post facto law bill of attainder s hall be

enacted.

Meaning of ex post facto law.

An ~as.tJMt.Q...WJR. is one wh ich, opera ting retrospectively -

(rJ makes an a ct done before the passage of a law, innocent when don e,

criminal, and punishes such act; or

(~ aggravates a crime or makes it greater than when it was commit-
ted; or

(3) changes the punishment and inflicts a greater punishment than
what the la w annexed to the crime, when committed: or

(4) alters the legal rules of evidence, and ret:eives less testimony than
or different testimony from what the law requ ired a t the time of the
commission of the offense, in order to convict the otfend er.1

CbaraQter_i~1iC~_9.f expo~t taJ:~o _Ia~.

They are:

(}) Ex post facto laws relate to penal or cri minal matters only {c;iY.il.
iQ.~~[.~$tl'UU.e protected.by the.. nan-impairment clan~);

G2) They are retroactive in their operation; and

C~) They deprive persons accused of crime of some protection or defense

previously avail able, to their disadva ntage. E x post fact o laws are abso-
lutely prohibited unless they are favorable to the accused.

An example of an ex post fa cto law is a statute declaring as usurious
a nd unlawful, the rate of interest provided in a contract which was not
usurious under the laws in force a t the time of the execution of the
contract.2 Not e: Usury is no longer punish able by lcnv.

Meaning of bill of attainder.

~.bill ofattaindg_r is a legislative act which inflicts punishment without
a judicial trial.

If the punishment is less than death, the act is ca lled a b.il.l .9[p_gjft...uJJJ,...d
)1.£!l9~.~ti~s. It is included within the meaning of bill of attainder as used i n
the Constitution.

'Ca ld~r vs. Hu ll, a Doll. 385; Mekin vs. \\'o lfe, 2 J'hil. 74.

2U.S. vs. Conde, 42 Phil. 766.

Sec. 22 ART. llL - BILL OF RIGHTS 129

Purpose of prohibition against bill
· of attainder.

The prohibition against the enactment of bills of attainder is designed
as a general safeguard against legislative exercise of the judicial ft,nction,
or simply, trial h)' legislature.

(1) In a case where a law passed by the United States Congress de-
clared in une of its sections that three government employees named
therein were not to receive any salary after a certain date because of their
subversive activities, the U.S. Supreme Court held that the enactment was
in the natur e of a bill of pains and penalties, the Congress assuming the
r ole of a judge and giving no hearing to the parties. Hence, the provision
was void. 3

Ql') A law passed declaring members of an association guilty of subver-

sion and subjecting them to imprisonment is unconstitutional because it
convicts and penalizes without the benefit of judicial trial.

(~f But the detention of a pri soner for a certain period pending investi-
gation and trial is not a punishment; it is a necessary extension of the well-
recognized power of the State to hold a criminal suspect for investigati(m.4

- oO o -

3 U.S. vs. Lovett, 328 U.S. 303.
'People vs. Carlos, 78 Phil. 535.

Article IV

CITIZENSHIP

SECTION 1. The following are citizens of the Philippines:
{1) Those who are citizens of the Philippines at the time of
the adoption of this Constitution;
<2) Those whose fathers or mothers are citizens of the Phil·
ippines;
(a) Those born before January 17. 1973, of Filipino mothers,
who elect Philippine citizenship upon reaching the age of
majority; and
t•) Those who are naturalized in accordance with law.

Meaning of citizenship and citizen.
C.itizellfihi.p is a term denoting membership of a citizen in a political

society, which membership implies, reciprocally, a duty of allegiance on the
part of the member and duty of protection on the part of the State .

Cit.i~*m is a per son having the t itle of citizenship. He is a member of a
democratic community who enjoys full civil and political riP,hts,1 a nd is
accorded protection inside and outside the territory of the State. Along
with other citizens, they compose the political community.

To be a Filipino citizen, a person must belong to any of the classes of
citizens enumerated in Section 1.

Distinguished from nationality and nationals.
From the point of view ofintemationalla w, the terms "citizenship" and

"citizen" do not exactly mean the same as "nationality" and "national."
The latter t erms have a broader meaning, embracing all who owe

allegiance to a state, whether democratic or not, without thereby becoming

1Subject to special disqualifications provided by law.

130

Sec. 1 ART. lV. - CITIZENSHIP 131

citizens. Thus, prior to the granting of Philippine independence by the
United States on July 4, 1946, the Filipinos were deemed American nation-
als because they owed allegiance to the United States but were not citizens
thereof.

We can, therefore, say that the nationals of a state include not only its
citizens whl) enjoy full civil and political privileges but also all others who
are not its citizens, but because they owe allegiance to it, are not regarded
as aliens. While all citizens are nationals of a state, not all nationals are
citizens of a state.

Meaning of subject and alien.

A citizen is a.!'Ilember of a democratic community who enjoys full civil
and political rights. In a monarchial state; he is often ca lled subject.

/ ·' ""

An q,(f,€n is a citizen of a cou.ntry.who is residing :n or passing through

Heanqthe; .~ountry. 1s popularly called "foreigner." He is not given the full

to.rights citizenship (such as the right to vote and to hold public office) but

is entitled to receive protection as to his person and property.

General ways of acquiring citizenship.

They are:
Inv.Ql!IJJ:"jgr:t. !J1~J.ltgd.. - By birth, because of blood rt:!lationship or place
of birth; and

Y.o.lunJaty.methili:L - By naturalization, except in case of collective
naturalization ofthe inhabitants of a territory which takes place when it is
ceded by one state to another as a r esult of conquest or treaty.

These two modes of acquiring citizenship correspond to the two kinds of
citizens- natural-born and naturalized citizens. (infra .)

Citizens by birth.

There are two principles or rules that govern citizenshi p by birth,
namely:

( 1) J.u..s..sangu.inis. -Blood relationship is the basis for the acquisition

of citizenship under this Tule. The children foll ow the citizenship of the
parents or one of them. This is the predominating principl e in the Philip-
pines (see Sec. 1[2].) ; and

(2) J¥.~ s_oli.o.I.J!J..S l(J.Cf. - Place of birth serves as the basis for acquiring
citizenship under this rule. A person becomes a citizen of the state where
he is born irrespective of the citizenship of the parents. '!'his principle
prevails in the United States. It does not mean though that the principle of
jus sanguinis is not likewise recognized.

132 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. l

Citizens at the time of the adoption
of the Constitution.

The citizens referred t o a re those considered Filipino citizens2 under
the 1973 Constitution at the time of the effectivity of the new Constitution
on February 2, 1987 by virtue of Proclamation No. 58 of the President.

The purpose of Section 1(1) is to protect the status of those who were
already citizens at the time the new Constitution took effect. However, it is
not the intention uf the Constitution to legalize the stat1.1s of those who
acquired their citizenship through fraudulent means. A Filipino citizen
under the 1973 Constitution who has lost his citizenship at t he time of the
ratification of the new Constitution is not a citizen of the Philippines.

Citizens by blood relationship.

The Philippines, in accordance with Section 1, paragraph 2, foll ows the
principle of jus sanguinis. In the de termination of the citizenship of the
child, Filipino mothers are placed by the Constitution on equal footing with
their husbands. This dignifies the Filipino woma n. )i'he father or mother
may be a natural -born Filipino or a Filipino by n aturalization or by elec-
tion. Under the provision, a child born of a Filipino citizen is a citizen of the
Philippines although illegitima te since the Constitution does not m ake any
distin ction.

ilf the child is born in a state where the rule ofjus soli obtains, or the
chlld's fathe r or mother is an alien whose country follo ws also the principle
of jus sanguinis, it would be a case of dual citizenship. (see Sec. 4. )

Citizens through election under the 1935
Constitution.

Under the 1935 Constitution, a child born of a Filipino mother, who
was married to a foreigner, is born an alien and remains an a lien during
his minority until he elects Philippine citizenship.~ Prior to such election,
he has an inchoa te right to Filipino citizenship.' If he is born after the
ratification of the 1973 Constitution on J anuary 17, 1~73, he is a citizen

2(1) Those wh o are citi:zens of the Philippines at the time of the adopti•>n of this

Con stitution; (2) Those whose fa •hers or mothers arc citizens of the Philippines; (3) Those

who elect Philippine citizc:1ship purs uant to the provisions of the Constitution of ninete en

hundre d and thirty-five; (4) Those who are naturalized in accordance with law. (Art. III, Sec.

1, 1973 Constitution .)

aThose whose mothers are citizens of the Philippines and, upon reaching the age of

majority, elect Philip pine citi1.e nship.'' (Art. VI, Sec. 11 4) th ereof.) The phrase "upon reaching

the age of majority" has been construed to mean within a reasonable period after reaching

the age of the majority. Generally. election should be made within .three yeau after reaching

such age. (Op. of Sec. of Justice No. 129, S . 1948.) .
Phili'pSpeieneVcililtaizheernmshoiRpaivf sd.uCrionrgomh.isofmIimnomriigtyr ahtiisonm, o8t0hPerhrile.a5c4qlu:irBeu~thtehre
re is no need to elect
citizenship.

Sec. 1 ART. IV. -- CITIZENSHIP 133

under Section 1, paragraph 2 thereof, making the <:hildren of a fem ale
citizen Philippine citizens without having to make an election. In the latter
instance, he is a citizen from birth.

The rule then, as it is now, is that a Filipina does not lose her citizen-
ship by her marriage to an alien. (Sec. 4.) However, it was not clear
whether those who had elected citizenship under the 1935 Constitution
(having been born before the effectivity of the 1973 Constitution on Janu-
ary 17, 1973) are to be considered as natural-born Filipino citizens. Under
Section 1, paragraph 3 in relation to Section 2, they ar e now declared as
natural-born citizens.

~'Q_ill~timate chU4.l.oJl9.WltJ_he citizenship of hi.a..kgaliy_kn.o:w.n.:par-
en.t...t.he..mo.th.er.Hencf...the.r.e. ja.also no need to ele.ct.PhiliP.llinf~.

Citizens by naturalization.

In the contemplation of the Constitution, even those who are not Fili-
pino citizens at birth and who cannot take advantage of the right given to
the children of Filipino mothers, may become citizens by naturalization. In
other words, citizenship may not be based on the principle ofjus sanguinis.

Section 1, paragraph 4 which declares as citizens of the Philippines
"those who are naturalized in accordance with law" possesses great signifi-
cance. 1

u/6ertain rights and privileges, duties and obligations limited to
Filipbio citizens.- Under our Constitution and our laws, there are certain
rights and privileges that could be enjoyed only by Filipino citizens. Thus.
under the Constitution, only qualified citizens can exercise the right of
suffrage. <Art. V, Sec. 1.) N') person may be elected President or Vice-
President or member of Congress, or appointed member of the Supreme
Court or any lower collegiate court, or member of any of the Constitutional
Commissions, or of the Central Monetary Authority, Ombudsman or his
Deputy unless he is a natural-born citjzen ofthe Philippines. (see Art. VII,
Sees. 2 and 3; Art. VI, Sees. 3 and 6; Art. VIII, Sec. 7(lj; Art. IX. B-Sec. 1( 1],
C-Sec. 1[1], D-Sec. l[lJ; Art. XI, Sec. 8; Art. XII, Sec. 20.l

From these positions, naturalized citizens and citizens by election are
barred by the Constitution.

(2) Constitution nationalistic in character. -- The Constitution is na~
tionalistic in character. (see Art. XII, Sees. 1, 2, 3, • . 10. 12, 13; Art. XIV,
Sees. 4[21, 14, 15, 16; Art. XVI, Sec. 11.) Even the Preamble speaks of "our
patrimony" and of securing to ourstlves and "our po~terity" the blessings of
independence and democracy.

(3) Care in granting or denying privilt!ge of naturalization essential. -
If the privilege ofnaturali:r.ation would be granted on easy terms to foreign-
ers not seriously intent on acquiring Filipino citizenship but only desirous
of improving his economic condition, then it is likely that the nationalistic
provisions of the Constitution would be reduced to a barren form of words.

134 TEXTBOOK ON THE PHIUPPINE CONSTITUTION Sec. 1

On the other hand, extreme care must be taken that our naturalization
law, in barring undesirable aliens, does not unduly discourage the worth-
while aliens who are likely to be valuable additions to the ranks of Filipino
citizens. For them, too rigid an application of a naturalization law m ay
prevent t hem from attaining Philippine citizenship. Not only they but the
country may be the loser.5

(4 ) Ideal policy on naturalization. - T,he policy on naturalizat ion should
be guided by our own national interest. Perha ps the ideal is that only those
who have come to love the country, who h ave integrated t hemselves into
the cit izenry, and who can cont ribute to the development of the nation
should be conferred citizenship by naturalization.6

Meaning of naturalization.

Na turalization is the act of formally adopting a foreigner into the
politic~fi)~dy·Of-tfi.e state and clothing him with the rights and privileges of
citizenship. It implies the renunciation of a former nationality and the fact
of entrance to a similar relation towards a new body politic.7

Nature of naturalization.

An alien does not have a natural, inherent or vested right to be admit-
ted to citizenship in a state. Citizenship is a m atter of grace, favor or
privilege which a sovereign government m ay confer on, or withhold fro m,
an alien or grant to him under such conditions as it sees fit without the
support of any reason whatsoever.8 Citizenship in our Republic, be it ever
so small and weak, is always a privilege; and no alien, be he a subject of the
most powerful nation of the world, can take such cit izenship for granted or
assume it as a matter of right.9

In view of the above principles, the rule is t hat in case of doubt
concerning the grant of citizenship, such doubt should be resolved in favor
of the State and agains t the a pplicant for n a turalization. 10

Ways of acquiring citizenship by naturalization.

A person may be naturalized in three ways:

(1 ) By judgmen~e:..sowt. -The foreigner who wants to become a
Filipino citizen must apply for naturalization with the proper Regional
Trial Court. He must have all the qualifications and·none of th e dis qualifi-

~&!e F.M. Fer nando, Phil. Pol. Law, p. ll 5. .

•see ~LOI No. 270 and Naturalization," by Sol. Genera l Estelito P. Mendoza, IBP

Journal, Vol. 3, No. 4, p. 265.

72 Am. Jur. 651.

8See 3 C.J.S. 832-834.

9Ng Sin vs. Re public, 97 Phil. 9A8.

wcheng vs. Republic, L- 16999, Ju ne 22, 1965.

Sec. 2 ART. IV. - CITIZENSHIP 135

cations provided by law, and must comply with all the procedure and
conditions prescribed. The Revised Naturalization Act11 is the present
naturalization law. Such law shall also continue in force pursuant to the
transitory provisions of the Constitution (Art. XVIII, Sec. 3.); or

(2) Jb...cJ,.irect_ act of C.o!lgress. - In this case, our law-making body

simply enacts an act directly conferring citizenship on a foreigner; or

(3)...§..J.._q4~.~.11i.s{rr!:ti~~-P!:.QCee4i.!JJl.S. - Under R.A. No. 9139 (Jan. 8,
2001), known as "the Administrative Naturalization Law of 2000," aliens
born and residing in the Philippines may be granted Philippine citizenship
by administrative proceedings before a Special Committee on Naturaliza-
tion, subject to certain requirements dictated by natiqnal security and
interest. The applicant must possess all the qualificati.mls and none of the
disqualifications provided in the law. The petition for citizenship shall be
filed with the Committee which has the power to approve, deny or reject
applications for naturalization as pt·ovided in the law.

SEC. 2. Natural-born citizens arE'; those who are citizens of
the Philippine~·fr.;m birth without having to perfonn any act to
acquire or perfect their Philippine citizenship. Those who elect
Philippine citizenship in accordance with paragraph (3), Sec-
tion 1 hereof shall be deemed natural-born citizens.

Kinds of citizens under the Constitution.

They are:

( 1) IY..O;~ur~~:!!or'!:..._Ej_tize_n~._- They refer to those:
~) who at the moment of their birth are already citlzpn_;; of the

Philippines, and

C•) do not have to perform any act to acquire his Philippint> r.itiJ.Pn-
ship. So, a child born of Filipino parents, or a Filipino fath"'r or a
Filipino mother after the ratification of the 1973 Constitution on ,J::\nu-
ary 17, 1973, is natural-born citizen. lt would seem that a natural-born
citizen who has lost his citizenship but subsequently reacquired it is
not a natural-born citizen in view ofletter (b) above. (see, ho\~o:ever, R.A.
No. 9225, infra.)

The term, however, includes the citizens mentioned in No. (2) (except
naturalized citizens) and No. (3) below. In effect, all citizens are natural-
born except ~hose who are naturalized and who subsequently reacquired

HC.A. No. 473, as amende% An alien woman married to a foreigner who subsequently
becomes a naturalized Filipino citizen acquires Philippine citizenship the moment her
husband takes his oath as a Filipino citizen provided .she does not have any of the disqualifi-
cations under the law. (N. Chiong v.s. Galang, L-21426, Oct. 22, 1975; see Pres. Decree No.
1379, May 17, 1978.)

136 TE XTBOO K ON THE PHILIPPINE CO~ST ITUTION Sec. 3

t heir citizenship. Those born of Filipino m others before J a nuary 17, 1973
but wh o failed to elect Philippine citizenship u pon reach ing the age of
majority (see Note 3. ) are aliens but they can be Filipino citizens by
naturalization;

(2) 9./ti~ffi§..gj__the t_i_f!l:e. .o.f.t.h.,.g _ad.9.PJ!O..l1..Qit.h&..JJ&W Con§titution. - They
r e fer to t hose who are considered citizens of the Philippines under the 1973
Constitution a t t he time of the adoption of the new Constitution (supra.);

(3) I:.i.t.iz.~'l.Ji. _through_~.€.~.~i2.!:.· - They refer to t hose born of Fihpino
mothers before January 17, 19'73 who, upon n~a.ching the age of majority ,
elect Philippine citizenship after the ratification of the 1973 Constitution
(even pr ior to the effectivity of the new Constitution on Feb. 2, 1987)
pursuant to the provi s ions of the 1935 Constitution. (Sec. 1[3]. ) T hey are
placed on the level as those born of Filipino mothers on or after January 17,
197:3; and

(4 ) l:i..a.Lf.!.ml~~ecl. citizens.- They refer to those who were originally
citizens of another country, but wh o, by an intervening act (i.e ., nat uraliza-
tion), ha ve acquired n ew citizenship in a different country.

SEC. 3. Philippine citizenship may be lost or reacquired in
the manner provided by law.

Loss of citizenship.

A Filipino citiz<>n may lose h is citizenship in any of the fo llowing ways
and/or events:

(1) Y!.)l,;:_'.:s!:LU<Y~ - They are: ~~P . 1~:._;

• ~! h·.· naturalization in a foreign country (see R.A. No. 9?25, in-
f:·a l .

111 by ~pr~renunciarion.of. citizevshi.p ;

'f ) b~ s~l?.~_c.E!l?~!J.gJ5L~.D..Jla.th 0f aJlegia~ to support the constitu-

l ion a nd laws of a fore ign country; and

(li) by t !:1.o..de:rin.g. s.ervice to, or .ac.cept.ing..commis~n in the armed

forces of a fo reign country (except under certain circumstances); and

!2 ) } rHJQluf!tp,ril;y. - They are:

and(·a·:) by_ ~J.t~~UaJj<m_of.]lj_s c.e...r..ti.fi~-a-·t-e· of naturalization by the court;

(b) by having been declared by competent a uthority, a desert~ in

th e Philippine armed forces in time of war. ·- - --- -

The voluntary loss or renuncia tion of one's nationality is called ~xpatria­

tion.. In time of war, however, a Filipino citizen cannot expatriate himself.!

'Sec Sec. 1, C .A. No. 63, as amended by R.A. No. 106, 2039, and 3839.

Sees. 4-5 ART. IV.- CITIZENSHIP 137

Reacquisition of lost Philippine citizenship.

Qjti.Z.~!!.SN.P...l.!l~.Y..~e. rP;~.9..uir~.Q:2

(.t) By IJ:S,till'JJ...li~~.t.ion, provided the applicant possesses none of the
disSualifications provided in the naturalization law;3

~2) By r~~tr_iatiQn ..Qf_d~s~u:ters of the Philippjne armed forces and

women who lost their citizenship by reason of marriage to an alien, after
the termination of their marital status; and

j~) By d.irec.t act of the Congress of the Philippines.

~6epatriatiag;ds effected by merely taking the necessary oath of alle-

giance to the Republic of the Philippines and registering the same in the

proper civil re gi st1t\r(yJo..~,.'.-(. !-f'<.,~J1·~·~f',r:;.'·t.~~'[ cih'ttl'IJ'I'l•n ~111 JKCJC<~>~~>fl:' ,,qt.,,,:cdl7<ri>L-.. 1'?ftn~
1\
1JS . "'' :'1\ ." T
· . "'(· e\'V'"'1•1'Ir\~ \-.
,1

SEC. 4. Citizens of the Philippines who marry aliens shall

retain their citizenshipt unless by their act or omission they are

deemed, under the law, to have renounced it.

Effect of marriage of citizen
to an alien.

Under Section 4;~' citizen of the Philippiues who marries an alien does

not lose his/her Philippine citizenship even if by the laws of his/her wife's!
husband's country, he/she acquires her/his nationality.

The e~!!-~p_tiqn.J~. wh~r~H~'b.): ..th.cir_ ru:Lor_..omissiruLthey areH.deem.ed,

'l.~<!~_r.__t_h_~_l!:J.W~-tQ.bav~ .r.e.ru>.unte.d .the.ir..ci.ti.zenship," such as (under an
existing law) subscribing to an oath of allegiance to support the constitu-
tjon and the laws of a foreign country. A Filipino woman, who upon
marriage to an alien acquires his citizenship, will possess two citizen~hips
--Philippine citizenship and that of her husband.

SEC. 5. Dual allegiance ofcitizens is inimical to the national
interest and shall be dealt with by law.

Dual allegiance of citizens.
Section 5 prohibits more particularly naturalized Filipinos from prac-

ticing what is called "dup.l all~e" which refers to the continued al1e-
giance of naturalized nationals to their mother country even after they

2Commonwealth Act l':!P· 63, as amended. g<m:>rr.,; the rn11nner by which Philippine

citizenship may be lost and rt>acquin•d. RA. :\c.. 9225 ·cn(ro • allows natural-born citizens to
rt>tain their ~:iti:z.cnship aft"r being naturaliz('d in a for<>ign country, amending C.A. No. 63

undt>r which natural horn Filipino$ who become n<Huralizt>d citizens of another country

automatically lo!;e their Filipinu f.'itizemhip.

~c.A. No. -tn.

1!:18 TEXTBOOK ON THE PHILIPPINE CO~STITUTIO N Sec. 5

have acquired Filipino citizenship. It is declared inimical to national
interest, and Congress is r equired that it be dealt with by law. 1

D..M.c.ll._Q.i1j~ensf!ft!, on the other h and, refers to the possession of two
citizen ships by a n individual, t h at of h is original citizenship and t hat of the
country where he became a naturalized citizen .

Note that what Section 5 prohibits is not dual citizenship (see Sees.
1[21 , 4 .) but dua l a llegiance of citizens. Du al citizen~hip arises because our
la ws cannot cont rol la ws of other count ries on citizenship. While it is not
per se objectionable, the statu s of dual citizenship m ay be r egulated or
restricted by law where it is conducive or could lead to dual allegia nce.

In t he case of public officers a nd employees, whether elective or
appoint ive, dual cit izenship may btl const it utionally pr ohibited by law for
as public servants, th ey are required to serve the people "with utmost x x x
loyalty" and "act with patriotism" (Art . X!, Sec. 1.i in t he performance of
their duties and functions .

fletention and reacquisition of citizenship.

; \;. F ilipinos abroad m ay now acquire dual citize nship. ~:~·. N.q.__922§, the
"Pt izenship Re tention a nd Re-acg,u~~.i_t_~n A c_!,_Qf 2003~'J ap proved Augus t

2.9,.-2603.),..deClares1 tthe -poilcy. of the State that all Philippine cit izens

who become citizens of a nother country shall be deemed not t o have lost
their P hilippine citizenship under the conditions of the Act.

( 1) RetenJ. i!J rL.Q/. P~ iljpp~n~. c~t izensh ip. -- Any provision of law to the
cont r ar y notwithstanding, natur'iil-bofii~citizens of the P hilippines who

have lost their Philippine citizenship by r eason of their naturalization as
citize ns of a foreign count ry are deemed to have r e-acquired Philippine
citizenship upon t aking th e fo llowing oath of allegiance to the Republic:

"I _, solemnly s wear (or affir m ) t hat I will support
a n d defend the Constitution of the Republic of the Philippines a nd obey
th e laws a nd legal orders prom ulgated by t he duly constituted au t hori-
ties of t he P hilippines; a nd I her eby declare that I r ecognize a nd accept
t he supr~me a uthorit y of t he Philippines a nd will maintain t rue faith
an d allegiance thereto; a nd tha t 1 impose t his obligat ion upon myself
voluntarily without mental reser vation or purpos e of evas ion ."

The nat ural-born citizens of the Philippines who, after t he effectivity of

the Act , become citizens of a foreign country shall r etain their Philippine

citizenship upon taking the aforesaid oath . ·

'The insertio n of t he provision was directed mainly to le ading members of the F ilipino·
Chinese comm un ity who contin ued to maintai n the ir close ties wit h either the Re public of
Chi n a 10r Taiwan · or the P eople's Re public of China on t.he m a inland t h rough massive
econom ic in \' eStment s and ope n polit ica l act ivit ies there. It was clai med that the Federation
of Filip ino-Chine::e Chamber of Commerce (FFCCC) wa s even r eprc»ent e d in the Legislative
Yuan of Taiwan.

Sec.5 ART. IV. -CITIZENSHIP 139

(2) Derivative citizenship. -The unmarried child, whether legitimate,
illegitimate or adopted, below 18 years of age, of those who re-acquire
Philippine citizenship upon effectivity of the Act shall be deemed citizens
of the Philippines.

(3) ~CiYil_s.md.pol.i..tic.u.l.r.ights andliJJbiliti~.- Those who retain or re-
acquire Philippine citizenship under the Act shall enjoy full civil and
political rights and be subject to all attendant liabilities and responsibili-
ties under existing laws of the Philippines and the following conditions:

(.e.) Those intending to exercise their right of suffrage must meet

the requirements under Section 1, Article V of the Constitution, R.A.
No. S189, oth~rwise known as "The Overseas Absentee Voting Act of
2003," and other existing laws;

~) Those seeking elective public office in the Philippines shall
meet the qualifications for holding such public office as required by the
Constitution and existing laws and, at the time of the filing of the
certificate of candidacy, make a personal and sworn renunciation of
any and all foreign citizenship before any public officer authorized to
administer an oath;

an~{) Those appointed to any public office shall subscribe and swear

to oath of allegiance to the Republic oi the Philippines and its duly

constituted authorities prior to their assumption of office. They must
renounce their oath ofallegiance to the foreign country where they took
that oath;

~J) Those intending to practice their profession in the Philippines

shall apply with the proper authority for a license or permit to engage
in such practice; and

(e-) The right to vote or be elected or appointed to any public office
in the Philippines cannot be exercised by, or extended to, those who:

Of are candidates for or are occupying any public office in the

country of which they are naturalized citizens; and/or

(2) are in active service as commissioned or non-commissioned
officers in the armed forces of the country of which they are natu-
ralized citizens.~

Rights with corresponding obligations.

.Jjitizens should realize that for every right (see Art. III.' there .must be
a c8rresponding duty. If the people are aware not only of their rights but
also of their obligations, there will be less misunderstanding and less
conflict in society. One of the reasons for the turmoil and ferment in many
countries is the attitude of demanding one's rights under the law and yet
being forgetful of one's duties as a citizen.

2Secs. 2-5, R.A. No. 9225.

140 TEXTBOOK ON THE PHILIPPINE CONSTITUTWN Sec.5

Rights become fully available for enjoyment only when all the ~itizens,
without exception, comply loyally with all their obligations. The rights to
life, liberty, and property, for instance, are but partially available for
enjoyment so long. as there are members of the political community who are
deficient in that necessary complia nce.

Conversely, the enjoyment of rights becomes ample and real to the
degree that the citizens willingly carry cut their obligations. a

Dut.i.e~. ~-l'!.d~blis.~tiol'!_s..of .£.i!~~r:'-~·

Among others, the more important duties and obligations of every
citizen in a democratic society are enumerated and explained below.

(.:() To be loyal to the Republic. - By loyalty, we mean faith and
confiden~e in the Republic and love a nd devotion to the country. The citizen
must be proud of his country, its customs, traditions, language , and insti-
tutions . H e must share in its glories and feel sad in its misfortunes.4 It is
the "home of our people, the seat of our affections, and the source of our
happiness and well-being."5

A citizen owes, not a qualifi ed a nd tempor"lry, but an absolute and

permanent allegiance which consist s in the obligation of fidelity and obedi-

ence to his governmf:nt.6 He must not commit any act of disloyalty, such as

treason, rebellion, sedition or other s imilar act. On the contrary, the citizen

mus t be willing a nd ready whene,·er necessary to cast his life and fo rtunes

in defense of his countr y. ·

(2) To defend the State. - Men may differ and do differ on religious
beli~-fs and creeds, government policies, the wisdom and validity of laws,
even t he correctness of judicial decisions and decrees , but in th e field of
love of country, n ational unity, a nd patriotism, they can hardly afford to

differ for these are matters in which they are mutually and vitally inter-
ested, for to the m they mean national existence or survival as a nation or
national extinction .'

"Love of country, however, is not shown by words but by deeds. It is not
an occasional virtue to be exhibited new and then; it is a flame that should
be kept constantly aglow in our he arts. It m~ans an unflinching determina-
tion to se rve and defend one's country at all times and a t. all costs."-!!

The citizens receive benefits and protection from the State of which
they are a part. In 1·eturn, it is their primary and honorable duty to defend
it against any peril, whether from within or from without. (see Art. II, Sec.
3 .)

~J.P. Laurel, Forces that Ma ke a Nation G1·eat, p. 10.
•See G.F. Zaide , op. cit., p. 263.
~Code of Cit izenshi p and Ethics.

6Laurel vs. Misa, 76 P h il. 372.
7Ger ona vs. Sec. of Education, 106 Phil. 2.
SJ.P. Laurel, op. cited, p. 12.

Sec.5 ART. IV. - CITIZENSHIP 141

(.3) To contribute to the development and welfare of the State. - The
development and welfare of the State should be the concern of every citizen
for he will be the first to enjoy the benefits thereof. Anything that affects
the country and the people as a whole indirectly affects him, individually
and personally. He is affected by its ills and disorder, its growth and
stability.

The citizen can contribute to the development and welfare of the State
in many ways- by paying taxes willingly and promptly, by cooperating in
its activities and projects (such as the preservation of peace and order,
conservation of the natural resources and the promotion of social justice by
suggesting or supporting measures beneficial to the people as a whole), by
patronizing local products and trades. by engaging in productive work, etc.

The citizens should ask not wht~ l. the country can do for them. They
should rather ask themselves what they can do for their country.

(4) To uphold the Constitution and obey the laws. -The Constitution
is the expression of the sovereign will of our people. It is the shrine for all
the hopeRand visions fot· our nation. Laws are enacted in accordance with
it for the good of all. It is, therefore, the duty of every citizen to defend and
respect the Constitution and obey the laws. If the people would disregard
them, the government would collapse, and this would mean lawlessness
and the di sintegration of the social order. The Constitution contains provi-
sions designed to insure that it is accorded the due respect that it deserves.
(see Art. VII, Sec. 5; Art. VIII, Sec. 5[2, a]; Art. IX, B-Sec. 4; Art. XIV, Sec.
3[1]; Art. XVI, Sec. 5[11.)

($) To cooperate with duly constituted authorities. -- Community living
imposes obligations and responsibilities upon the individual. The larger
interests of the group and the nation that he must serve necessarily involve
his own, and he would be recreant to the claims of those interests if he did
not actively concern himself with the affairs ofhis government. 9

It is not enough, for example, t hat a citizen should take care that in hi s
daily life he does not violate any of the multitudinous rules, regulations,
and ordinances of the State. He must also see to it that the laws are
observed by the whole community, that the officers of the law attend to
their enforcement and properly perform their duties. Supine and passive
inaction is worse than actual and flagrant infringement of the law of the
land. In the latter case, the law itself provides a remedy and administers a
corrective measure to the· erring individual.

But the law is powerless to deal with that type of citizen, who is
wanting in civic courage that he allows crime to be committed under his
very nose without even lifting a finger to prevent its execution or to see
that justice is done, who is lacking in civic pride that he tolerates the evil

9[bid. , p. 85.

142 TEXTBOOK ON THE PHTLIPPINE CONSTITUTION Sec. 5

and graft in the community without even taking any step looking towards
their eradication, who h as such a distorted sense of civic values the.t sv
long as his selfish pursuits are not molested, he does not give even a
thought to whatever happens to his neighbor or to his fellow citizens for
that matter and who does not care a bit whether there was ever such a
thing as "government" or not .10

~~) To exercise rights responsibly and with due regard for the rights of
othe~s. -Society is composed of men , each with interest of his own. In the
course of life, the interests of man conflict with those of many others.
Amidst the continuous clash of interests, t he ruling social philosophy
should be that, in the ultimate social order, the welfare of every man
depends upon the welfare of all.11

It is necessary that the citizen be imbued with a sense of awareness not
only of his rights but also of his obligations to his fellow "citizens." He
must, in the exercise of his rights and in the performance of his duties, act
with justice, give everyone his due and observe honesty and good faith .l2
The classical theory that "he who uses a right injures no one" is repugnant
to the modern concept of social law. For this reason, it is not permissible to
abuse our rights to prejudice others. Thus, the own er of a piece oflan<i who
erected on one side of his property a very high wall, without any advantage
to himself, in order to deprive his neighbor of light and air13 or to prevent
the latter from having a view over the nearby sea,14 cannot argue that he
was merely doing what he had right to do under the law with his property.
This act is wrongful and cannot be justified by pleading a proprietary right.

The right to liberty guaranteed by the Constitution is not an unre-
stricted license to do exactly as one pleases. It is only freedom from
restraint under conditions essential to the equal enjoyment of the same
righ t by othcrs.v; In the words of Mabini, "liberty is freedom to do right a nd
never wror.g. It is ever guided by reason and th e upright and honorable
conscience of the individual."16

(7) To engage in gainful work. - Employment is not the obligation
solely of the State. (see Art. II, Sec. 9.) Every citizen should considei· it his
own responsibility and should strive to become a useful and productive
m ember of society to assure not only himself but, perhaps, more important,
his family a life worthy of human dignity. "The essence of Jife is work.
Every citizen should bear in mind that only by hard and sustained work
can men and nations live and survive. National greatness never springs

IOJbid.

1'A.M. 'l'olentino, op. cit., p. 56.

12See Art. 19, Civil Code.

1~Von Tuhr, 267-268, cited by A. M. Tolentino..

"3 Colin and Capitant, 835-836, cited by A.M. Tolentino.

URubi vs. Prov. Board, a9 Phil. 660.

Jijfbi d. '

Sec. 5 ART. IV. -- CITIZE~SHIP 143

from the cult of ease or self-complacency but from the crucible of grim
struggle and patient industry."17

It is assumed, of course, that employment opportunities are present,
for without them, full compliance with the constitutional mandate cannot
be expected.

(81 To register and vote. - Suffrage is both a privilege and a duty
which every qualified citizen must perform. It is through suffrage that the
will of the people is expressed. The quality of public officials and the
policies of the administration, indeed the success or failure of the govern-
ment, depend, directly or indirectly, upon the voters.

The constitutional obligation is not complied with simply by registering
and casting a vote. It carries with it the duty of using mature and inde-
pendent judgment and reflection on the issues presented and/or the qualifi-
cations and fitness of aspirants for public office. The voters should particu-
larly be discriminating and even skeptical in evaluating the credentials of
candidates, especially those for President and Vice-President, because the
election of the wrong candidates could adversely affect the lives of our
people and the destiny of our nation. They should look beyond their physi-
cal attributes and flamboyant rhetorics and what their propagandists
make them appear to be, scrutinizing their track record in public office,
their experieace, educational background, and leadership qualities, as well

as their lifestyle to get a true gauge of their character, capability, and

sincerity to serve the people.

In short, the voters should judge candidates on the basis of personal

attributes (who he/she is), platform (what he/she stands for ), and track
record (what he/she has done).

In our form of government, where the conduct of public affairs is
regulated by the will of the people or a majority of them, expressed through
the ballot-box, the importance of suffrage can hardly be overemphasized.
"If exercised with purity and noble purpose, it is the security of popu lar
sovereignty. On the other hand , if perverted or basely surrendered because
of money and favors," or apathy of the people to the need to guard and
protect their votes zealously against election frauds, "it serves instead to
undermine the entire edifice of our democratic institutions."1~

The people are the arbiters of their destiny, and if they allow them-
selves to be fooled, threatened, or bought, they m<)St certainly deserve the
kind of government that they get.

- oOo-

1~J.P. Laurel, op. r.ited, pp. 4 1-45.
18/bid.

Article V

SUFFRAGE

SECTION l. Suffrage may be exercised by all citizens of the
Philippines not otherwise disqualified by law, who a re at least
eighteen years of a ge, and who shall have resided in the Philip-
pines for at least one year and in the place wherein they propose
to vote for at least six months immediately preceding the elec-
tion. No literacy, property, or other substantive requirement
shall h e imposed on the exercise of suffrage.

Meaning of suffrage.
.. $yfl.!:!:l:g£ is the right and obLigation1 to vote of qualified citizens in the

election of certain n a tional and local officers of the government and in the
decision of public questi ons submitted to the people.

Nature of suffrage.
(1 ) ~....!.:rJ:ereprjyilege. -Suffrage is not a natural right of the citizen~

but mer ely a privil ege to be give n or withheld hy the La wmaking power
s ubject to constitutional limit ations. Suffrage should be granted to indi-
vidual s only upon the fulfillment of certain minimum r.onditions deemed
essenti a l for the welfare of society.

(2) ~pc~hffqJ:/Jf:.glJJ. -In the sense of a right conferre d by the Consti-

tution , ~lli.fr1l~~j.§...cl~~ifie.d..a.s..a...p!ilitic£.Lr!&ht., enabling every citizen t o

participate i n the pr ocess of government to a ssu r e that it d erives its powers
from the consent of t h e governed.~ (see Art. II , Sec. 1.) The pr inciple ~s t h a t
of one m an, one vote. (supra.)

Scope of suffrage.
Suffr age includes :

(1) .f.J~£ff01_L_._ - Strictly speaking, it is the means by which the people

choose the ir officials for definite a nd fixed periods and to whom they

'It is not, h owever, manda tory.
2J'ungutt<n vs, Abubak a r , L-33541, ,Jnn . 20, 1972.

144

Sec. 1 ART.V.--SUFFRAGE 14 5

entrust, for the time being as t h eir r epresentatives, t he exercise of powers
of government;:~

(2) ..:f.le.kiscit~. - It is the name given to a vote of th e people expressing
their choice for or against a proposed law or enactment submitted to them.
In the Philippines, the term is applied to an election at which any proposed
amendment to, or revision of, the Constitution is submitted to the people
for thei r ratification. (Art. XVII, Sec. 2.) Plebiscite is likewise required by
the Constitution to secure th e approval of the people directly affected
bef::~re certain proposed ch anges affecting local government units may be
implemented (Art. X, Sees. 10, 11 , 18.);

(3 ) ..Rfl&re.nd.1JJ!1. - It is the submission of a Jaw or part thereof passed
by t h e national or local legislative body to the voting citizens of a country
for th eir ratification or rejection (see Art. VI, Sec. 32.);

(4) {!!:!ti.ali.ne. -·It is the process whereby the people directly propose
and enact laws. Congress is mandated by the Constitution to provide as

early as possible for a system of initiative and referendum. (]bid.) Amend-
ments to the Constitution may likewise be directly proposed by the people
through initiative (Art. XVII, Sec. 2.); and

(5) ~ - It is a m ethod by which a public officer may be removed
from offi ce during his tenure or before the expiration of his term by a vote
of the people after registration of a petition signed by a required percent -
age of the qualified voters. (see Art. X, Sec. 3.)

Qualifications of voters.

He must be:

(J) a citizen (male or female) of the Philippi nes;

(.2) not otherwise disqualified by law;

(a} at least eighteen (18) years of age; and

C4~ have r~sided in the Philippines for at least one (1) year and in the
place wherein he proposes to vote for at least six (S) months pre<.:!:'ding the
election.

Age qualification.

Obviously, there must be somE: minimum age for \"Oting. ~o one, no
m atter how ardent his behef in clcmo,~racy, has ever conte ndt?d that humaT'
beings must be permitted to part.ir:-ipate in the s election of public officia ls
from the day of their birt h . Th i::. _,;uffrage qualifi cati on is hased on the
assumpt ion that under a certain nge, human beings do not have the matu-
rity. experience, education, and sense ofjudgment that will enable them to
vote with any reasonable degree of intelligence.

~Ga rchitorenji vs. Crcscini . 39 Phil. 25 ~

146 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 1

No general agreement exists as to the exact age at which the individual
supposedly attains the maturity sufficient for political participation. While
ther e is a minimum voting age in every state, no country, however, has as
yet seen fit to set a maximum age limit.4

Residence qualification.

A vo~r. must have been a permanent resident of the Philippines for at
least on~JH-year preceding the election.

Six (i) ·:months residence in a province, city or municipality is consid-
ered the minimum length of time within which a person can adequately
familiarize himself with the needs and conditions and the personalities of
the locality. Giving him a right to vote before that period, it is contended,
will result in unpurposive and mechanical voting.5

The requirement as to residence is desirable in order tha t registration
lists may be prepared and checked in ample time to prevent fraud.6

Persons disqualified to vote.

The responsibility of determining who may be "disqualified by law,"
and, therefore, may be precluded from exercising the right of suffrage, is
left by the Constitution to Congress. As to who are disqualified to vote, the
law7 enumerates them as foll ows:

(}) Any person who has been sentenced by final judgment to suffer
imprisonment for not less than one (1) year, such disability not having
been removed by plenary pardon or granted amnesty. But such person
shall automatically reacquire the right to vote upon expiration of .fiY.e. (~)
.Y.~fir_s after service of sentence;

(.2) Any person who has been adjudged by final judgment by competent
court or tribunal of having committed any crime involving di.s.loya.lty to the
duly constituted government such as rebellion, sedition, violation of the
anti-subversion and firearms laws, or any crime against national security,
unless r estored to his full civil and political rights in accordance with law.
Such person shall likewise automatically regain his right to vote upon
expiration of_five (5) years after service of sentence; and

(-!3) Insane or incompetent persons as declared by competent authority.

The above persons are not qualified to vote even if they have the
necessary qualifications.

'Schmnndt & Steinbickcr, op. cit.. p. 249.

3See The Manila Tirnl!fl Guide to the Proposed Constitutional Amendments ltn 1973

Constitution), p. ao.

0Jacobsc n >lnd Lipman, ()p. cit., p. 82.
7The Om nihu~; Election Code of the Philippines lB .P . Big. 881.), Section 118.

Sec. 1 ART. V.- SUFFRAGE 147

Arguments justifying the lowering of voting
age from 21 to 18.

The following have been given:

(.1) It has t h e effect of broadening the base of democratic participation
in the political process;

(~) The voting age of21 years is as old as the Roman Empire; therefore,
it is obsolete;

(~) It is the (alleged) findings of medical science that today's 18-year-
old is physically a t least 3 years a head of an 18-year-old of 1900;

(~) The communication media explosion has resulted in making 18-
year-old citizens better informed than their parents;

(5') The Philippines is becoming an increasingly young country and the
youth are more idealistic and are more change-oriented than their elders;

(6.) The objection that 18-yea r-old citizens lack the maturity to exercise
an important political right widely is at best a debatable question;

(7) If at the age of 18 one can enter into a marriage contract, which is
the most important in the life of a person, there is no reason why an 18-
year-old should not be permitted to vote;

(8) If at the age of 18 one is mature enough to fight in defense of his
country, he is old enough to be given a voice in the determination of its
public policy;

(9:1. By including those under 12 but at least 18 to vote will make them
feel that they are part of the decision-making process and thereby at least
increase their loyalty to our institutions; and

q,O) Voting is the major if not the sole participation of common citizens
in the political process of the State. It is, under present circumstances, the
most effective medium for securing consent to or rejection of government
short of extra-constitutional remedies. The smaller the number of electors
in a particular community, the more limited the basis of consent. The
reduction of the voting age is consistent with the theory of popular sover-
eignty which is one of the fundamental premises of our government."

Arguments justifying removal of literacy
requirement.

The 1973 Constitution"removed the requirement under the 1935 Constitu-
tion on ability to read and write such that then as now an illiterate person has
the right to vote. The illiterate voter is not necessarity an ignorant voter.

The arguments for its removal have been summarized9 as follow s:

•see 1970 UPLC Constitution Revision Project, pp. 219-225.
9By the late Senator .Jose W. Diokno.

148 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 1

"This requirement 1that a voter must know how to read and write]
cotJfuses literacy with intelligence. and learning with wisdom. A Fili-
pino does not cease to be a !t'ilipino because he is ilUterate; a man pays
taxes and he bleeds and he dies for his country whether he signs his
name with a flourish or with an "X." Some 28% of our people- roughly
about 4.3 millions among us who are more than 21 years old - are
illiterates. They cannot, it is true, read newspapers or magazines but
they listen to the radio; they join conversations and discussions with
their neighbors at comer stores, at cockpits, and over the family wash;
they know what is happening in their community and in the country.
Yet they are denied the right to take part in their government and to
help shape their destiny.

Should we wonder that they would feel little loyalty to our democ-
racy, and fall victims easily to the evils of other ideologies that falsely
offer them the dignity of helping to shape th~ir destiny?

Granted that to give them the right to vote may pose practical
problems of how their votes could be cast and counted, but these
problems are not insurmountable. After all, our first election law did
not require literacy in order to vote- only property. Later on, property
ownership was eliminated and literacy substituted. Thus, from the rule
ofthe properties we pass to the rule of the learned. It is time we effect
the rule of the people."10

Property requirement prohibited.

Under the present Constitution, Congress cannot also impose property
requirement for the exercise of suffrage. (Sec. 1.)

• (1) Property ownership .nl!.t.P: _t~§.t qf.gJLi:fl_dividual's caJl.aY..~ -The
justification.for the abolition of property qualification is the assumption
that ownership of property, per se, neither adds to nor detracts from a
man's capacity to function properly and fully as a social and political being.
Today, the argument that only property holders have "a stake in the
community" is considered obsolete. It is the h.~man person. .not. property,
that is to be represented, and given primacy in the hierarchy of values. 11

(2) P.r!!I!J~rty_r.e._gy.t_rgm_ent in(:ons.is(erJ.t.w.iJh .Q9.E~EJ.Lof republican:..as!.~:
J.llJ.n:t?nt. - The imposition of property qualifications on the voters would

be inconsistent with the very nature and essence of our republican system
of government ordained in our Constitution, for said political system is
premised upon the tenet that sovereignty resides in the people and all
governmental authority emanates from them (Art. II, Sec. 1.), and this, in

1"1970 U.P.L.C. Constitution Revision Project, p. 222.
"Schmandt & Steinbicker, op. cit., p. 253.

Sec. 1 ART. V . - SUFFR AGE 149

tu rn , impli es necessar ily th at the righ t to vote a nd to be voted shall not be
depen dent upon the wealth of the individual concern ed.

J~ (3) fropg,_{y..r.f!.qi..J-i.rf.rn~en_t ,_i '}t;f!!.~ si~J...~n ~..!!'!th_s_oc_ial l'!:!_~ice P!!'!~ieJe. - .

~;5ocial justice presupposes equal opportunity for all, rich and poor a like.'\.
(see Art. XIII , Sec. 1.) Accordin gly, n o person s h a ll , by r ea son of poverty, be
denie d the chance to vote and t.o be elected t o public office. In a case, t he
Supreme Court deda red a s unconstitutional a law1l requiri ng a ll candi-
dates for public offic es to post a s urety bond e quiva!ent to th e one (1) year
s ala ry or emoluments of the position for whkh t hey a r e candidates which
shall be forfeited if t he candidates, except when dN:lared winner, fail to
obt ain at le ast 10% of th<J votes cast for the office to which t hey have tiled
their certificat es of cand idacy. This law, according t o the S upr eme Court,
in effect, imposed a pr operty qualification. J:l

Other substantive requirements prohibited.

Congress is prohibited by t he Constitution to impose additional sub-
stant ive (not procedural) requirements for vot ing similar in nature to
literacy or ownership of pr1>perty. (Sec. 1.) Examples are:

( 1) EdY:~g_t,iQll._ - As a general principle, the more ed ucation a man h a s ,
the better and more valuable m~mber of socie ty he will be. Yet it is quite
possible for a per son to become an important asset t o government and t he
socia l body with litt le or no formal schooling. Formal education itself is no
guara ntee of good citizeni'hip or of in telligent voting. r'urthe r more, the
r equir em ent of a high sch ool or even an element ary e ducation would
disenfranchise large segments of the poorer classes of our population. ' 1

(2) Sex. - The a ntagonis m in the past to female s u ffrage stemmed in
some d"egre e from tho belief that a woman's place was in the h ome and tha t
the performa nce of public dutie!> was the function of t he male members of
the family. In other cases, t h e opposition was based on political expediency
rathe r than o n principle. At the present t ime, unless one is willing to
contend that women, simply by virt u e of t heir womanhood, are incapable of
free a n d intelligent socia l and political activity, t her e would seem t o be no
adequate or justifiable basis fo r depriving them of equa l voting r ights with
m e n Y'

(3) Taxpaying a!Jj_lity. - This re ::;triction is rela ted to pr operty require-
ment for..votlng~--C-ongr~ss cannot by la w deny to an individual t he right to
vote on th e groun d that he' is exem pted from tax ation or is not li able to pay
t ax or the t axes paid by him or for which he is lia ble during t he year a re
below a specified a mount.

' ~R. A. No. 442 1.
~'~Ma gu era vs. Rorra, lfi SCRA 7. S qll. 7. 1965.
"Schman dt and Steinbicker , op. cii., pp. 252-255.
16/h i d.

150 TEXTBOOK ON THE PHILIPPI:--iE CONSTlTUTION Ser. 1

Compulsory suffrage.

The 1973 Constitution made registering and voting a mandatory obli-
gation of every qualified citizen.16 Noteworthy is the fact that Section 1
uses the word "may" as in the 1935 Constitution in place ofthe word "shall"
in the 1973 Constitution. In view of the permissive language of the Consti-
tution, it is doubtful whether the failure to perform the obligation to
register and vote can be criminally punished.

Should voting be made compulsory?

(1) Arguments against compulsory ,c;uffrage. - Those who are against
any system of coercive voting say that it is not only undemocratic but that
no useful purpc.se would be served by dragging the people to the polls
against their will. They maintain that it is not the size but the quality of
the vote cast that is important, and that 1ndividuals forced to exercise
suffrage might do real injury to the public good by voting blindly and
unintelligentlyY There is no means of compelling a person to vote intelli-
gently or to study the personalities and issues involved in an election. 18

Even assuming that the voter has the r ight to invalidate his ballot by

leaving it blank, still it would prevent those who feel strongly against the
candidates or the particular manner of holding an election from expressing
their moral indignation by openly boycotting the election and persuading
others to follow suit.19

(2) Arguments in favor of compulsory suffrage. - The proponents of
compulsory suffrage, on the other hand, contend that a requirement that
would force an apathetic individual to the polls would make him aware of
the responsibility that rests on him and would encourage him to becQme
acquainted with the issues and personalities involved in the election. Once
inter est is awakened by actual participation, the matter of coercion, they
feel, would become a secondary motive.

In the Philippines, for instance, it is not u:::~.common to see political
leaders dragging- their constituents to the polls on election day. This shame-
ful spectacle will not take place if suffrage were an obligation. It should be
noted that people are more prone to sell their votes if they depend on
politicians to bring them to the polling places. Furthermore, compulsory
suffrage is the only way of assuring the accurate representation of the will
of the people. If suffrage were not exercised then, the theory of popular
sovereignty (supra.) would become a myth.

In the long run, the participation of the people in the government
through the ballot is more important than the result of an election or a

1"Article VI, Scctior> 4 of the 19n Constitution provideE>: "It shall be the obligation of

Q\•ery citizen qualified to vote to register and cast l1is vote."
17Schmandt and Steinbicker, op. cit., p. 257.
tP.Jacobse n and Lipman. op. cit. , p. 87.
1!Yl'he !.\1anila Time;; Guide, supra, p. 32.

SP.c. 2 ART. V. -- SUFFHAUE 151

plebiscite. A defaulting maj ority will mak~ possible a government install(>d
only by a voting mia01·ity.

Unfortunately, no definite study has as yet been made of the effects of
compulsory voting in any of t he countries which employ it. Hence, there is
no way of actually determining whether the obligatory franchise improves
or d etracts from representative government.:!<)

SEC. 2. The Congress sh all provide a system for securing the
secr ecy and sanctity ofthe ballot as weU as a system for absentee
voting by qualified Filipinos abroad.

The Congress shall a lso design a procedure for t h e disabled
and the illiterates to vote without the assistance of other per-
sons. Until then, they shall be allowed to vote under existing
laws and such rules as the Commission on Elections may prom-
ulgate to protect the s ecrecy of the ballot.

System for securing the secrecy
and sanctity of the ballot.

The right t.o vote has r efer ence to a consti tutiona l gua1·antee of the
utmost significance. It. is a right. without which the principla of sovereignty
residing in the pc~opl(~ (Art. II , Sec_ 1.) becomes nugatory.' It is essential
then to insure that the voters !'ha ll exercise their right freoly , "uninfluenced
by threats, intimidation or corrupt motives" and "to secure a fair and
honest count of the ballots."2 To accomplish this aim, Congress is dir('cted
by the Constitution "to provide a system for securing the secrecy and
sanctity of the ballot."

With the enfranc.hi~('ment of the illiterates and the cxis tcncl' of many
diflabled voters , this responsibility of the legislative body assnmt':> mor l'
importa nce. The sanctity of the electoral process requirflS secrer~: of the-
vote. Cong1·ess will have to enact a law prescribing proc:t>dures that wi ll
enable the disabied and the i lliteratcs to secretly cast thf!i r ballot:; without
requiring the assistance of other persons, to prev1mt th~::m fr<n1~ i_,t'ing
manipulated by unscrupulous politicinns to insure t..hP.ir \"ict:~ry at the
poll s. Perhaps, a method of voting by symboli' may be O(.'\·i;:ed to:· make it
possible for disahled and illiterate citinms to cxcrci;;<~ the- right of suf-
frage. :'

"r>.~"Schmandt. and su~inbic kc-r, l"i!.. p. 257 .

'See Pungut.an v;;. Ahubakar, L-:3illi4l, .J.ln. :.!···,. L<:-.!

2G:\rdine-r v~. Romulo. 26 Phil. 521.

t•Jn ma ny progres;.;ivo n>tmtries with ro:~·ri·;.t·cr.~;,,. !<,rm,; •o f f;i\\"Pr n nwnt., :.he vot;:ors
:•.<,m t:~rely pnsh button;;: or <;h()o;;e amon;; the c<,jc.r.:·::i
lr. ordcr l!l vot ~:: Lhf;'y d e• t•ot havc to

wr·it e 0 (\tnes of candidat<•s on tht' bt~llot.

1fi2 Tf~XTBOOK ON THE PICILIPPl NF. CONSTITLITIOK S ec. 2

Until Congress provides for the appropriate procedure, they shall be
a llowed to vote under the exi s ting law and such rules as the Commission on
Elections (Art. IX, A-Sec. 6, C-Sec. 2LJ J.) may promulgate to protect the
secrecy of the ballot. This prevents their disenfr a nchisement while the law
referred to h as not yet been en acted by Congresfi .

System for absentee voting

by quali1ied Filipinos.

Section 2 extends the ri ght of suffrage even to Filipinos abroad pro-
vi ded they possess all the qualifications mentiono.d therein and none of tlw
disqualificat ions provided by law.4

Filipinos who by force of circumstances (e.g., the need to earn a living)
have to temporarily work and reside abroad but maintain their love and
loyalty to their native land are still part of our Republic. They are also
affec ted by the qua lity ofpublic officials and the policies of the government.
'I'hey remain lia ble to pay taxes, a nd arc subj ect to many of its law~;. H ence,
t hey sh ould a lso be given the constitutional r ight to vote..>

Congress is mandated to provide a system of absentee voting by quali-
fied Filipinos abroad. It is hound to set aside funds a nd othf!r r equirementR
for the purpose a nd to provide safeguards to ensure that t~1ection s overseas
are held in a free , dear and ord erly manner.''

- oOo -

.-'

'Lo.cal..alls.cJllJ'II: vnti.rul_is provided ~mdcr R.A. N<1. 7166 !~ov. 26. 1991 J wh ereby govern-

ment official ~ nnd employees, ind uding mcmbf!r~ of the Armed Forcc.-1 nf the Philippines

(AFP'> and th e Phi li ppine Nation al Police (PN Pi. who are r egis tered vott~ r;;, ;1n a llowed to

vot e for the po~;i ti<.>nt; of President, Vico-Prt>siden l, and Senato r;;, in place!; wht>ro they are nnt.
registered hut. where they are t empora r ily assignerl on election clay l.o p~rfonn elcct.ion dut.y.

The snow privilege is given tq. teachers assi gned to pe;·for m poll duty in placN; whP.re

they arc not rP.gi,;t.er ed.

·'The· Con.•t.it.ut.ional Commission inl.~ nded t.o benefit pnrticuiMly F il ipino c·•>JHract. work-

ers in the Mid dle J::ast, Africa, Asia, th e Americat< and Eu rop<~. who have b~en earnin~ and

remitting billiom:< c1f dollars a year. SAri(ms JH·oblems and co mpli <'<Hionl' may arise, however.

with rcgpc•cL f.u ~'i l ipino~ who have pr!!Ctically abandoned their country for thr. p r·c>verbial

g r<'E'ncr pas l u r t>/; ilhroad and ha vo indicated <i desire to hcconH! cit.iT.ens of thd r adopted

coun t ry. rt wo u ld ~ eem foolhar dy to (!XI.end :;uffn:1ge to t.h cnL

There m·c an e:;timated 7 million f'i lipi no!:' a bro3d . (n th e t:nited S tate~ a lone, there ar<.>

more than I million J'ilipin o immigrant l', and 11bout 500.000 have rn ana~ed to c:nter and
rem ain illegally. according to T:.S. im migr ation official.~. ThE> Filipinos constitute, in fact, the

higg<:>st group o1 A!iian immigrant:::. lll<tking their ethnic prese nce felt. n(lt. only in America but

;1lso in many p :-ll·l.s of the world. Thoy havf.' not only relicn·d tht< unemploymen t problem in

our count!y but. t ontributt'd greatly to ()Ur economy.

"R.A. No. 9 1i.:\9 ( Feb. 4. 200:!l IJr<>vide;; for a systcrn nf overseas absentee voting h~..

qu:Jtifi>?d cir. i;r.rns 11 hr'.lad . .For purpOS':'l' :>f t he Art, t;J.b3en.~...ua.t.i.IJ.g refers to th e process by

which q ualified •: i ~i ;o.ens of thc Phil ipp i m~s :1broad exE' rci!<c tht>ir righ t t.o vot e. All citizens of

t.he Philippine!\ aln·oad. who arc not ntherw ise disqual ified by law. a t leas t. l Hyean uf a j!c on

t.he dar of electi ons, may vote fn.r Ntl ~.i.d_!!.r!~ . vice-president. ,.enators and 2art.v· list. re>prc·

.i~nlinive.s. The law enumerates who ~<h~<ll be disq,;a-iitfc(i""i';·om vi)t\ng under ii.--· ·· ···-··-- -..

~ ' ··j .. '•" • • . . ;., , .' . '• ' ' .. ·f . .: '~~·

Article VI

LEGISLATIVE DEPARTMENT

SECTION 1. The legislative power shall be vested in the
Congress of the Philippines which shall consist of a Senate and
a House of Representatives, except to the extent reserved to the
people by the provision on initiative and referendum.

Meaning of legislative power.

Legis/olive power is essentially the authority under the Constitution to
~laws and subsequently, when the need arises, to -~and -.;epea1
them. 1

It is the peculiar task of the legislature to prescribe general rules for
the govern ment of soci~1ty. This legislative fun ction involves the determi-
nation of the legislative policy and its promulgation as a defined and
binding rule of conduct2 through the enactment of a law.

Meaning of law.

The term laws, as nscd above, refers to statutes which are the writtt>n
enactments of the legislature governing the r elations of the p1:ople among
themselves or hetween them and the governm ent a nd its age11cies.

Function of laws. ·,

Through laws, the legislature defines the rights lind rlutie!:' of citizen:::.
imposes taxes, appropriates funds, defines..crimes and p1·o\·ide~ fM th~ir

punishment., creates and abolishes government office~. dett:!nnin.:·;; their

jurisdiction a nd functions, and in general, regulates hum an co nduct and

the use of property for the promotion of t he common gc>(Jd.

Such laws are valid or void, a s tested by tht.·ir conformity or non-
conformity to the Constitution.

'The law!; mu;;t. be in keeping with the tim<:'s. Wh :11 i ;; l<';:i<\ l i; r.•-t r;e ,·.:~;:a r i ly just.. or may
hecom e unj 11!>t because of changed conditions. Law;: t~r.a.;t ed 10 p~· ·m;:otE- ju;;tic<' may in:; t.ead
serve to pmmote or perpetuate inj ustioo. Tha t is'' hy ex:.• tin~ l>!w.-; rna~· need amendment or
revision, or h ave to be repealed.

.:sec Ocr,ei1a v::;. COME LEC, 95 SCRA 75.5, .Jan.~~. 1~1.:.u .

153