LESSON 13 SECTION 2

1987 Philippine Constitution: ARTICLE V SUFFRAGE The Congress shall provide a system for securing the secrecy and sanctity of
the ballot as well as a system for absentee voting by qualified Filipinos
abroad.
SUFFRAGE: It is the right and obligation to vote of qualified citizens in the The Congress shall also design a procedure for the disabled and the
election of public officers. illiterates to vote without the assistance of other persons. Until
then, they shall be allowed to vote under existing laws and such rules as the
NATURE OF SUFFRAGE:
Commission on Elections may promulgate to
1.) A mere privilege – suffrage is not a natural right but merely a privilege protect the secrecy of the ballot.
to be given or withheld by the law
Secrecy and Sanctity of the Ballot
2.) A political right – suffrage enables a citizen to participate in the process
To ensure that the voters shall exercise their right to freely,
of government.
uninfluenced by threats, intimidation or corrupt motives
SCOPE OF SUFFRAGE and to secure a fair and honest count of the ballots.

ELECTION – means by which people choose their officials. Absentee Voting System

PLEBISCITE – vote of the people expressing their choice for or against a 1. Local Absentee Voting
proposed law submitted to them. 2. Overseas Absentee Voting

REFERENDUM – submission of a law passed people for their ratification or Local Absentee Voting
rejection.
Refers to a system whereby government officials and
INITIATIVE – people directly propose and enact laws. employees; members of AFP, PNP and media – media
practitioner and their technical and support staff who are duly
RECALL – a method by which a local elective official may be removed from registered voters are allowed to vote for the national positions.
office during his tenure. They can vote in places where they are not registered voters
but are temporarily assigned to perform election duties on
election day.
SECTION 1 Qualification for Local Absentee Voting
Suffrage may be exercised by all citizens of the Philippines not otherwise 1. Filipino Citizenship
disqualified by law, who are at least eighteen years of age, and who shall 2. 18 years of age
have resided in the Philippines for at least one year and in the place wherein 3. Resident of the Philippines for at least 1 year.
they propose to vote for at least six months immediately preceding the 4. Not disqualified by law.
election.
Overseas Absentee Voting
No literacy, property, or other substantive requirement shall be imposed in
the exercise of suffrage. Refers to a system where qualified citizens of the Philippines abroad
exercise their right to vote.

QUALIFICATION OF VOTERS Qualification for Overseas Voting

1. Filipino Citizenship 1. All citizens of the Philippines living abroad.

2. 18 years of age 2. Not otherwise disqualified by law,
3. Resident of the Philippines for at least 1 year. 3. At least 18 years of age on the day of election.
4. Resident of the place where he proposes to vote for at least 6
months immediately preceding the election. Absentee Voters
5. Not disqualified by law.
May vote for president, vice-president, senators and party-list
AGE QUALIFICATION representatives.

This is based on the assumption that under a certain age, human beings
have the maturity, experience, education and sense of judgment that will
LESSON 14: CITIZENSHIP
enable them to vote with reasonable degree of intelligence.
CITIZEN: a member of a democratic community who enjoys full civil and
RESIDENCE QUALIFICATION
political rights and is accorded protection inside and outside the territory of
This is to give reasonable period within which a person can familiarize the State. Along with other citizens, they compose the political community.
himself with the needs and conditions and the personalities of the nation
CITIZENSHIP: denotes membership of a citizen in a political
and locality.
society, which membership implies, reciprocally, a duty of allegiance on the
PERSONS DISQUALIFIED TO VOTE part of the members and duty of protection on the part of the state.

1.) Those who have been sentenced to suffer imprisonment for not THE CITIZEN AND NON-CITIZEN
less than 1 yr.
Speaking in terms of Political Science, citizen means a person who is the
2.) Those who committed any crime involving disloyalty to the
member of the state and who enjoys social and political rights. In our
government such as rebellion and sedition.
country an adult 18 years of age enjoys, regardless of economic or social
3.) Those declared as insane or incompetent persons.
status, color and creed, education, property and residence, etc.
As a matter of fact, the concept of citizenship goes back to the ancient city- SECTION 1.
states where the population was divided into two classes —the citizens and
the slaves. The citizens enjoyed both civil and political rights. They directly The following are citizens of the Philippines:
or indirectly participate in all the functions of the civil and political life of
(1) Those who are citizens of the Philippines at the time of the adoption of
the state.
this Constitution;
A CITIZEN MUST HAVE:
(2) Those whose fathers or mothers are citizens of the
1. The membership of the state. Philippines;
2. The Social and Political rights.
(3) Those born before January 17, 1973, of Filipino mothers, who elect
3. Sentiment of devotion to the state.
Philippine citizenship upon reaching the age of majority; and
Distinction between an Alien and a Citizen:
(4) Those who are naturalized in accordance with law.
There is a marked distinction between an alien and a citizen. A citizen enjoys
-------------------------------------------------------------
civil and political rights in his own country. Whereas an alien is not
privileged to enjoy the political rights of the country but sometimes he is (1) Those who are citizens of the Philippines at the time of the
privileged to enjoy a few of the social rights. adoption of this Constitution;
It depends entirely on the government of the country, in which he lives, to The citizens referred to are those considered Filipino citizens at the time of
permit him to enjoy the social rights or not. the effectivity of the present Constitution on February 2, 1987.
WAYS CITIZENS CAN PARTICIPATE (2) Those whose fathers or mothers are citizens of the Philippines;
Exercise right of suffrage The Philippines follows the principle of jus sanguinis. In determining the
citizenship of the child, Filipino mothers are placed on equal footing with
- Voting in local, state, and national elections
their husbands.
- Campaigning for a candidate
- Trying to persuade someone to vote a certain way (3) Those born before January 17, 1973, of Filipino mothers,
who elect Philippine citizenship upon reaching the age of
Serve the Public majority.
- Running for office; Under the 1935 Constitution, a child born of a Filipino mother, who was
- Holding public office; married to a foreigner, is born an alien and remains an alien during his
- Serving the country through military or other service; minority until he elects Philippine citizenship.
- Being law-abiding citizen and in case of disobedience, be
accountable (4) Those who are naturalized in accordance with law.

Participate in a political discussion Those who are not Filipino citizens at birth may become citizens by
NATURALIZATION which is a voluntary method of acquiring citizenship by
- Signing a petition renouncing his former citizenship and embracing a new one.
- Writing letters to elected representatives
- Lobbying for laws that are of special interest. a. Judicial Naturalization
- Peaceful assembly and protest b. Administrative Naturalization

Have an informed opinion SECTION 2.

- Attend meetings to gain information, discuss issues, or lend Natural-born citizens are those who are citizens of the Philippines from birth
support. without having to perform any act to acquire or perfect their Philippine
- Look for information in reliable newspapers, and reference citizenship.
materials.
Those who elect Philippine citizenship, in accordance with par. 3, sect. 1
hereof, shall be deemed natural-born citizens.
1987 Philippine Constitution: ARTICLE IV CITIZENSHIP
SECTION 3.
ACQUIRING CITIZENSHIP
Philippine citizenship may be lost or reacquired in the manner provided by
INVOLUNTARY METHOD law.

• By birth: because of blood relationship (jus sanguinis) WAYS OF LOSING CITIZENSHIP VOLUNTARILY
or place of birth (jus soli).
a) by naturalization in a foreign country
VOLUNTARY METHOD b) by express renunciation of citizenship
c) by supporting the constitution and laws of a foreign
• By naturalization country
• By marriage d) by rendering service to the armed forces of a foreign
country
KINDS OF CITIZENSHIP
INVOLUNTARILY
a. Natural-born; acquired from birth without having to perform any act to
acquire or perfect their Philippine citizenship. a.) by cancellation of his certificate of naturalization by the
court
b. Naturalized; acquired after going to the process of naturalization to b.) by having been declared as a deserter in the
obtain Philippine citizenship. Philippine armed forces in time of war.
WAYS OF REACQUIRING LOST PHILIPPINE CITIZENSHIP Local governments constitute the foundation of the entire structure of the
government. The acts of the local government units affect the ordinary
a.) by naturalization citizen more directly than those of the national government. The average
b.) by repatriation of deserters of the Philippine armed citizen has more and closer contacts with the local governments and their
forces agencies than with the national or provincial government, and is more
c.) by direct act of the Congress. concerned with the local affairs than with those of the national or provincial
d.) RA. 9225 in scope.
REPUBLIC ACT NO. 9225 Citizenship Retention and Re-acquisition Act of OVER-ALL SUPERVISION OF THE LGUs
2003
The President of the Philippines exercises supervision over the
This law was approved August 29, 2003 whole country.
Section 8. Effectivity Clause – This Act shall take effect after fifteen But for purposes of administrative control, the Philippines is
(15) days following its publication in the Official Gazette or two (2) divided into units of different sizes known as political subdivisions. These
newspaper of general circulation. are provinces, municipalities, cities, and barangays. These political
subdivisions enjoy autonomy, especially in local affairs. But they are also
Effectivity date: September 17, 2003
under the general supervision of the Chief Executive, through the Secretary
Natural-born citizens of the Philippines who have lost their Philippine of the Department of Interior and Local Government (DILG).
citizenship by reason of their naturalization as citizens of a foreign country
I. PROVINCES
are hereby deemed to have re-acquired Philippine citizenship upon taking
the oath of allegiance to the Republic. The provincial government takes care of the function so which
affect the people of a certain province. The province is the
Natural born citizens of the Philippines who, after the effectivity of this Act,
largest political unit in the Philippines.
become citizens of a foreign country shall retain their Philippine citizenship
upon taking the aforesaid oath. It possesses the following powers:
This law allows dual-citizenship to natural-born Filipino citizens who have 1) to acquire and transfer real and personal properties,
lost their Philippine citizenship by reason of their naturalization as citizens 2) to enter into contracts, including those incurring obligations,
of a foreign country. which are expressly provided by law; and
3) to exercise such other rights and incur such other obligations as
SECTION 4.
are expressly authorized by law.
Citizens of the Philippines who marry aliens shall retain their citizenship,
There are 77 provinces in the Philippines. They are classified according to
unless by their act or omission they are deemed, under the law, to have
their average income for five consecutive years. The higher the income of
renounced it.
the province, the higher is its classification.
SECTION 5.
The salaries that can be paid to the provincial officials depend upon the class
Dual allegiance of citizens is inimical to the national interest and shall be to which it belongs. Higher salaries are paid to the officials of the higher -
dealt with by law. class provinces.

NOTE: What Section 5 prohibits is not dual citizenship but dual allegiance. A province elects its executives -- the governor, vice governor, and
the members of the provincial board (vocales).
Dual citizenship arises because our laws cannot control laws of other
countries on citizenship. There are three vocales in the first-, second-, and third-class
provinces, and two in the other classes of provinces.

The rest of the provincial officials -- like the provincial treasurer,

LESSON 15: LOCAL GOVERNMENT & DECENTRALIZATION provincial assessor, district auditor, judges of the Regional Trial
courts, provincial fiscal, division superintendent of schools, district
THE LOCAL GOVERNMENT UNITS (LGU) OF THE PHILIPPINES health officer, district engineer, and register of deeds are all
appointed by the corresponding departments of the national
government.

- The election of the governor, vice governor, and members of the

provincial board.
- They hold office for three years
- They cannot serve for more than three consecutive terms.
- The provincial governor exercises general supervisory powers
over the entire province.

II. MUNICIPALITIES

A municipality is called town in its archaic term: a municipality has the

function of a town since its inception.
RATIONALE OF LOCAL GOVERNMENTS It is distinct from city, which is a different category of local government unit.
The Constitution of the Philippines recognizes the importance of local Provinces of the Philippines are divided into cities and municipalities, which
governments. It provides as a policy that "the State shall guarantee and in turn, are divided into barangays (formerly barrios) – villages.
promote the autonomy of the local government units -- especially the
barangays -- to ensure their fullest development as self-reliant
communities“
Each province is composed of municipalities commonly called towns. The 3) to provide for public works constructions and for the maintenance of
municipality is a public corporation created by an act of congress and is a local police force;
governed by the Municipality Law, which defines its duties and powers. 4) to establish fire zones within the city and to regulated the type of
Being public corporations, municipalities can sue or be sued in court; enter building which may be constructed within each zone; and
into contracts; acquire and hold real 5) to provide for the protection of the inhabitants from public calamities
and personal properties for municipal purposes; and exercise such other and to provide relief in times of emergency.
powers as are granted by law. Municipalities are classified according to their
average annual income for the last four fiscal years. III. BARANGAYS

There are 1,540 municipalities in the Philippines. They are autonomous The Barangay Council
units of government and have elective and appointive officials. The elective
officials are the municipal mayor, vice mayor, and councilors. They are Each municipality or city is composed of a number of villages or barangays.
elected by the qualified voters for a term of three years. They cannot serve The barangays are the smallest units of local government in the Philippines.
for more than three consecutive terms. The appointive officials are the They are governed by the Barrio
municipal secretary, treasurer, justice of the peace, and chief of police. The Charter. The elective officials of the barangays are the Barangay Captain and
municipal mayor is the chief executive officer of the town. the Barangay Councilors.

Functions of the Mayor: Functions of the Barangay Captain

1) to execute all laws and municipal ordinances; - As chief executive, the barangay captain is its recognized leader.
2) to supervise the administration of the town; - He enforces all the laws and ordinances applicable to his constituency.
3) to issue orders relative to the maintenance of peace - He may organize fire brigades, preside over all meetings both of the
and order; barangay council and assembly, organize groups of citizens to fight
4) to preside over the meetings of the municipal council; criminality and brigandage, and approve all payments from barangay
and funds.
5) to recommend measures to the municipal council - He also sings all contacts in which the barangay is a party.
aimed at the improvement of the social and economic
Nature of the Barangays
conditions of the people.

The Municipal Council: There are 41, 945 barangays in the Philippines.

They are public corporations and so, they can sue and be sued in court; can
The municipal councils are the lawmaking body of the town and is
composed of the mayor - who is the chairman of the council - vice mayor, enter into contracts, can acquire and hold all kinds of property; and can
and the councilors. exercise such powers or perform such acts as are provided by law.

Functions of the Municipal Council: DECENTRALIZATION

1) to fix the salaries of all municipal offices and employees, except the Decentralization is defined as the transfer of power and authority from
central institution to lower or local levels of a government system.
treasurer, teachers in the public schools, and staff of national
government agencies assigned to the municipality; According to Raul P. De Guzman, decentralization generally refers to the
2) to provide for expenses necessary to carry out the functions of the systematic and rational dispersal of power, authority and responsibility
municipality; from the center to the periphery, from top to lower levels, or from national
3) to provide for buildings adequate for municipal uses, including to local governments.
school houses;
4) to provide for the levy and collection of taxes, fees, and charges as Decentralization refers to the transfer of powers from central government
sources of municipal revenue; and to local levels in a political administrative and territorial hierarchy. This
5) to establish and maintain an efficient police department and process allows the participation of the people and the local government.
an adequate municipal jail.
Decentralization hands over political, financial and administrative authority
III. CITIES from central to local governments, so that the government can facilitate
and guarantee better public services for the people.
Chartered City
Three Forms of Decentralization
The chartered city is also a unit of local administration. It is created by a
special law which serves as its charter. The charter is the constitution of the 1. Devolution – transfer of power and authority from the national
city. The charter creates the city, defines its boundaries, provides its system government to local government units; political and territorial
of government, and defines the powers and duties of its officials. decentralization

A city or any of its officials cannot perform any official act which is not 2. Deconcentration – transfer of power, authority or responsibility or the
permitted by its charter. discretion to plan, decide and manage from central to local levels;
administrative and sectoral decentralization
The city elective officials are the mayor, vice mayor, and the members of
the city council. They are elected for a term of three years. They cannot 3. Debureaucratization – transfer of some public functions and
serve for more than three consecutive terms. The mayor is the executive responsibilities, which government may perform to private entities or non-
official of the city, aided by the appointive heads of the various government organizations (NGOs). It involves the harnessing of the private
departments. The vice mayor is the presiding officer of the board. And the sector and non-governmental organizations in the delivery of services
city courts exercise judicial functions. The lawmaking body of the city is through various modalities including contracting out, private-public
council. partnership and joint ventures.

Functions of the City Council

1) to levy and collect taxes in accordance with law;

2) to enact ordinances;
 DECENTRALIZATION & LOCAL GOVERNANCE Meaning of equal protection of laws

Indicators of Fiscal Decentralization: It signifies that “all persons subject to legislation should be treated alike,
under like circumstances and conditions both in the privilege
1. Improved financial management including qualification of participants conferred and liabilities imposed.
in areas of financial management
2. Strengthening cooperation on different levels SECTION 2.
3. Promoting exchange of experiences, formulating strategies for an
improved integration of the business sector and civil society in social The right of the people to be secure in their persons, houses, papers, and
and economic programs. effects against unreasonable searches and seizures of whatever nature and
for any purpose shall be inviolable, and no search warrant or warrant of
Impact of Institutional Decentralization: arrest shall issue except upon probable cause to be determined personally
by the judge after examination under oath or affirmation of the
Better service delivery is a matter of coordination& collaboration. complainant and the witnesses he may produce, and particularly describing
the place to be searched and the persons or things to be seized.
Bridging and empowering the public and private sectors of different regions
in the country through forums, seminars, workshops, studies and Meaning of Search Warrant and Warrant of Arrest
researches.
1. A search warrant is an order in writing, issued in the name of the People
Working within networks is a strategic element in achieving sustainability, of the Philippines, signed by a judge and directed to a peace officer,
reliability and a broad effect, especially for the forging of “strategic commanding him to search for certain personal property and bring it before
alliances”. the court. (Rules of Court, Rule 126, Sec. 1.).
Exchange of ideas and mutual understanding among local chief executives, 2. If the command is to arrest a person designated, i.e., to
police and military is crucial in achieving sustainable peace and take him into custody in order that he may be bound to answer for the
development commission of an offense, the written order is
called warrant of arrest.

Scope of The Protection

LESSON 16: BILL OF RIGHTS ARTICLE III OF THE 1987 CONSTITUTION
1. Persons. – the protection applies to everybody, to citizens as well as
SECTION 1.
aliens in the Philippines, whether accused of crime or not. Corporations are
No person shall be deprived of life, liberty, or property without due also entitled to the protection.
process of law, nor shall any person be denied the equal protection of the
2. Houses. – the protection is not limited to dwelling houses but extends to
laws.
a garage, warehouse, shop, store, office and even a safety deposit vault. It
Two Aspects of Due Process of Law does not extend, however, to the open spaces and fields belonging to one.

1. Procedural due process which refers to the method or manner by which 3. Papers and effect. – they include sealed letters and packages in the mail
the law is enforced. It requires, to paraphrase Daniel Webster’s famous which may be opened and examined only in pursuance of a valid search
definition, a procedure, “which hears before it condemns, which proceeds warrant.
upon inquiry and renders judgment only
SECTION 3.
after trial.” An indispensable requisite of this aspect of due process is the
requirement of NOTICE and HEARING (1) The privacy of communication and correspondence shall be inviolable
except upon lawful order of the court, or when public safety or order
2. Substantive due process which requires that the law itself, not
requires otherwise, as prescribed by law.
merely the procedures by which the law would be enforced, is fair,
reasonable and just. In other words, no person shall be deprived of his life, (2) Any evidence obtained in violation of this or the preceding
liberty or property for arbitrary reasons or on flimsy grounds. section shall be inadmissible for any purpose in any proceeding.
Meaning of Life. Meaning of right of privacy.
Life, as protected by due process of law, means something more than mere The right of privacy is concisely defined as the right to be left alone.
animal existence. The prohibition against its deprivation without due It has also been defined as the right of a person to be free from
process extends to all the limbs and faculties by which life is enjoyed. undesired publicity or disclosure and as the right to live without
unwarranted interference by the public in matters with which the
Meaning of Liberty.
public is not necessarily concerned.
Liberty, as protected by due process of law, denotes not merely freedom
SECTION 4.
from physical restraint (e.g., imprisonment). It also embraces the right of
man to use his faculties with which he has been endowed by his Creator No law shall be passed abridging the freedom of speech, of expression, or
subject only to the limitations that he does not violate the law or the rights of the press, or the right of the people peaceably to assemble and petition
of others. Liberty is not license or unlimited freedom to act according to the government for redress of grievances.
one’s will. The very enjoyment of rights necessarily imposes the observance
of duties. Meaning of freedom of speech, of expression, and of the press

Meaning of Property. The constitutional freedom of speech and expression and of the
press, otherwise known as the freedom of expression, implies the
Property, as protected by due process of law, may refer to the thing right to freely utter and publish whatever one pleases without previous
itself or the right over a thing. The constitutional provision, however, has restraint and to be protected against any responsibility for
reference more to the rights over the thing. It includes the right to own, use, so doing as long as it does not violate the law, or injure someone’s
transmit and even to destroy, subject to the right of the State and of other character, reputation or business. It also includes the right to circulate what
persons. is published.
Meaning of right of assembly and right of petition right to leave and cancel his membership with said organization or to
abstain from joining one.
a. The right of assembly means the right on the part of the citizens to
meet peaceably for consultation in respect to public affairs SECTION 9.
b. The right of petition means the right of any person or group of persons
to apply, without fear of penalty, to the appropriate branch or office Private property shall not be taken for public use without just
of the government for redress of grievances. compensation.

SECTION 5. Essential or inherent powers of government.

No law shall be made respecting an establishment of religion, or prohibiting (1) Totality of governmental power – it is contained in three great powers,
the free exercise thereof. The free exercise and enjoyment of religious namely: power of eminent domain, police power, and power of taxation
profession and worship, without discrimination or preference, shall forever
SECTION 10.
be allowed. No religious test shall be required for the exercise of civil or
political rights. No law impairing the obligation of contracts shall be passed.
Meaning of religious freedom A law which changes the terms of a legal contract between parties, either
in the time or mode of performance, or imposes new conditions, or
The constitutional guarantee of religious freedom is the right of a
dispenses with those expressed, or authorizes for its satisfaction something
man to worship God, and to entertain such religious views as
different from that provided in its terms, is a law which impairs the
appeal to his individual conscience, without dictation or interference by any
obligation of a contract and is null and void.
person or power, civil or ecclesiastical. It forbids restriction by law or
regulation of freedom of conscience and freedom to adhere to such SECTION 11.
religious organization or form of worship as the individual may choose.
Free access to the courts and quasi-judicial bodies
SECTION 6. and adequate legal assistance shall not be denied to any person
by reason of poverty.
The liberty of abode and of changing the same within the limits prescribed
by law shall not be impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except in the interest of Those protected under this Constitutional provision include low paid
national security, public safety, or public health, as may be provided by employees, domestic servants and laborers. They need not be
law. persons so poor that they must be supported at public expense. “It
suffices that plaintiff is indigent. And the difference between ‘paupers’ and
Meaning of liberty of abode and travel.
‘indigent’ is that the latter are ‘persons who have no property or sources of
The liberty of abode and travel is the right of a person to have home in income sufficient for their support aside from their own labor though self-
whatever place chosen by him and thereafter to change it at will and to go supporting when able to work and in employment.”
where he pleases, without interference from any source.
SECTION 12.
Limitations on the right.
(1) Any person under investigation for the commission of an offense shall
The liberty of abode and of changing the same within the limits prescribed have the right to be informed of his right to remain silent and to have
by law shall not be impaired except upon lawful order of the court. Neither competent and independent counsel preferably of his own choice. If the
shall the right to travel be impaired except in the interest of national person cannot afford the services of counsel, he must be provided with one.
security, public safety, or public health, as may be provided by law. These rights cannot be waived except in writing and in the presence of
counsel.
SECTION 7.
(2) No torture, force, violence, threat, intimidation, or any other means
The right of the people to information on matters of public concern shall be which vitiate the free will shall be used against him. Secret detention places,
recognized. Access to official records, and to documents and papers solitary, incommunicado, or other similar forms of detention are prohibited.
pertaining to official acts, transactions, or decisions, as well as to
government research data used as basis for policy development, shall be (3) Any confession or admission obtained in violation of this or Section 17
afforded the citizen, subject to such limitations as may be provided by law. hereof shall be inadmissible in evidence against him.

Scope of the right (4) The law shall provide for penal and civil sanctions for violations of this
section as well as compensation to and rehabilitation of victims of torture
1. The right embraces all public records or similar practices, and their families.
2. It is limited to citizens only but is without prejudice to the right of aliens
to have access to records of cases where they are litigants
3. Its exercise is subject to such limitations as may be provided by law.
Rights of person under investigation
SECTION 8.
1. The right to remain silent
The right of the people, including those employed in the public and private 2. The right to competent and independent counsel preferably of his own
sectors, to form unions, associations, or societies for purposes not contrary choice
to law shall not be abridged. 3. The right to be informed of such rights.
4. The right against torture, force, violence, threat, intimidation, or any
Meaning of right to form associations, etc. other means which vitiate the free will shall be used against him.
5. The right against secret detention places, solitary, incommunicado, or
The right to form associations is the freedom to organize or to be a other similar forms of detention
member of any group or association, union or society and to adopt
the rules which the members judge most appropriate to achieve
their purpose. With or without the above provision, it may be assumed that
this right exists. It is clear that the right to join an association includes the
 SECTION 13. SECTION 16.

All persons, except those charged with offenses punishable by All persons shall have the right to a speedy disposition of their cases before
reclusion perpetua when evidence of guilt is strong, shall, before conviction, all judicial, quasijudicial, or administrative bodies.
be bailable by sufficient sureties, 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 habeas corpus is suspended. Excessive bail shall not The Right to a Speedy Trial in Section 14 vs. The Right to a Speedy
be required. Disposition of Cases in Section 16. Speedy trial in Section 14 covers
only the trial phase of criminal cases, whereas, Section 16 covers all phases
Meaning of Bail. of any judicial, quasi-judicial or administrative proceedings.

Bail is a mode short of confinement which would, with reasonable certainty, SECTION 17.
insure the attendance of the accused at his trial. It usually, takes the form
of a deposit of money or its equivalent as a guarantee of such attendance No person shall be compelled to be a witness against himself.
and which deposit is forfeited upon failure to appear.
Purpose of the guarantee against self-incrimination.
Reasons why bail is awarded to accused.
It was established on the grounds of public policy and humanity. Of
a. “To honor the presumption of innocence until his guilt is proven beyond policy, because, if the party were required to testify, it would place the
reasonable doubt;” and witness under the strongest temptation to commit perjury; and of
humanity, because, it would prevent the extorting of confession by duress.
b. “To enable him to prepare his defense without being subject to
punishment prior to conviction.” SECTION 18.

Section 14. (1) No person shall be detained solely by reason of his political beliefs and
aspirations.
(1) No person shall be held to answer for a criminal offense without due
process of law. (2) No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly
(2) In all criminal prosecutions, the accused shall be presumed convicted.
innocent until the contrary is proved, and shall enjoy the right to be heard
by himself and counsel, to be informed of the nature and cause of the Right against Detention by reason of Political Beliefs.
accusation against him, to have a speedy, impartial, and public trial, to meet
This safeguards everyman’s ideals and principles regarding his
the witnesses face to face, and to have compulsory process to secure the
political outlook. Radical political beliefs, however, which are being
attendance of witnesses and the production of evidence in his behalf.
propagated to subvert duly constituted authorities, are not covered
However, after arraignment, trial may proceed notwithstanding the
by the protection being contrary to the democratic ideals enshrined
absence of the accused provided that he has been duly notified and his
in the Constitution.
failure to appear is unjustifiable
Meaning of Involuntary Servitude.
Rights of the Accused.
It is every condition of enforced or compulsory service of one to
1. Right to due process of law
another no matter under what form such servitude may be
2. Right to be presumed innocent
disguised.
3. Right to be heard, which includes:
a) The right to be present at the trial SECTION 19.
b) The right to counsel;
c) The right to an impartial judge (1) Excessive fines shall not be imposed, nor cruel, degrading or
d) The right of confrontation inhuman punishment inflicted. Neither shall the death penalty be imposed,
e) The right to compulsory process to secure the attendance of unless, for compelling reasons involving heinous crimes, the Congress
witnesses. hereafter provides for it. Any death penalty already imposed shall be
4. Right to be informed reduced to reclusion perpetua.
5. Right to speedy trial
6. Right to an impartial trial (2) The employment of physical, psychological, or degrading punishment
7. Right to a public trial against any prisoner or detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall be dealt with by law.
SECTION 15.

The privilege of the writ of habeas corpus shall not be suspended except in
cases of invasion or rebellion when the public safety requires it. Penalty is said to be “cruel, degrading or inhuman.”

Meaning of Writ of Habeas Corpus and “privilege of the writ of habeas It takes more than merely being harsh, excessive, out of proportion or
corpus. severe for a penalty to be obnoxious to the Constitution. “The fact that the
punishment authorized by the statute is severe does not make it cruel and
unusual.” Expressed in other terms, it has been held that to come under the
Writ of Habeas Corpus - A writ directed to the person detaining another, ban, the punishment must be “flagrantly and plainly oppressive.”
commanding him to produce the body of the prisoner at a designated time
and place, with the day and reason of his caption and detention, to do, SECTION 20.
submit to, and receive whatever the court or judge awarding the writ shall No person shall be imprisoned for debt or non-payment of a poll tax.
consider in that behalf. Hence, an essential requisite for the availability of
the writ is actual deprivation of personal liberty. The “privilege of the writ Meaning of “debt.” – It means any liability to pay money growing out of a
of habeas corpus” is the right to have an immediate determination of the contract, express or implied.
legality of the deprivation of physical liberty.
Meaning of a “poll tax.” – A poll tax is understood as the cedula tax MEANING OF “PUBLIC OFFICE IS A PUBLIC TRUST.”
or residence tax. The Constitution does not prohibit the cedula tax but it
prohibits imprisonment for non-payment of the cedula or residence tax. A As expressed by Justice Malcolm in Cornejo vs. Gabriel, 41 Phil. 188, 194
poll tax may also be understood as a tax, the payment of which is made a (1920), the basic idea of government in the Philippines “is that of a
requirement for the exercise of the right of suffrage. representative government, the officers being mere agents and not rulers
of the people, one where no one man or set of men has a proprietary or
SECTION 21. contractual right to an office, but where every officer accepts office
pursuant to the provisions of law and holds the office
No person shall be twice put in jeopardy of punishment for the same as a trust for the people whom he represents.”
offense. If an act is punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another prosecution for the RULES IN PUBLIC SERVICES THAT MUST BE FOLLOWED BY PUBLIC
same act. OFFICERS AND EMPLOYEES AT ALL TIMES

Right against Double Jeopardy. (1) Accountability to the people;

(2) Service with utmost responsibility, integrity, loyalty and
It means that the accused can only be prosecuted once for the efficiency;
same offense. A second prosecution after the termination of the (3) Acting with patriotism and justice; and
first will be a double jeopardy if the second case involves the same (4) Leading modest lives.
act. The purpose of this Constitutional right is to establish a rule of
finality. To hold otherwise would be to forever place the accused SECTION 2
under a state of possible harassment by the Government and its
witnesses. The President, the Vice-President, the Members of the Supreme Court, the
Members of the Constitutional Commissions, and the Ombudsman may be
SECTION 22 removed from office on impeachment for,
and conviction of, culpable violation of the Constitution, treason, bribery,
No ex post facto law or bill of attainder shall be enacted. graft and corruption, other high crimes, or betrayal of public trust. All other
public officers and employees may be
Meaning of an ex post facto law.
removed from office as provided by law, but not by impeachment.
An ex post facto law has been defined as one:
IMPEACHABLE OFFICIALS
1. Which makes an action done before the passing of the law and which
- President
was innocent when done criminal, and punishes such action; or
2. Which aggravates a crime or makes it greater than when it was - Vice-President
committed; - Members of the Constitutional Commissions
3. Which changes the punishment and inflicts a greater punishment than - Justices of Supreme Court
the law annexed to the crime when it was committed - Ombudsman
4. Which alters the legal rules of evidence and receives less or different
CONCEPT OF IMPEACHMENT
testimony than the law required at the time of the commission of the
offense in order to convict the defendant. Impeachment is a mode of terminating official relation, the main object of
5. In general, ex post facto law prohibits retrospectivity of penal laws. which is to serve as an effective restraint which the
legislature may interpose in the abuse of the executive and judicial
An ex post facto law places an accused to a disadvantage because when he
authorities. It is a method of national inquest into the conduct of public
committed the act being punished same was not yet punishable or that
men.
when he did same act, he was still entitled to
some benefit as an accused which the ex post facto law either PURPOSE OF IMPEACHMENT
eliminates or diminishes.
The purpose of impeachment is to protect the people from official
Meaning of a Bill of Attainder. delinquencies or malfeasances. It is, therefore, primarily intended
for the protection of the State, not for the punishment of the offender.
According to Cummings vs. Missouri, 4 Wall, 277, 323, U.S., 1867, “is a
legislative act which inflicts punishment without judicial trial. If The penalties attached to impeachment are merely incidental to the
the punishment be less than death, the act is termed a bill of pains and primary intention of protecting the people as a body politic.
penalties.” The same case, however, also affirmed that, “Within the
meaning of the Constitution bills of attainder include bills of pains and
penalties.”
GROUNDS FOR IMPEACHMENT
In a bill of attainder, the legislature usurps the power of the
judiciary and that of the executive insofar as investigation and 1. CULPABLE VIOLATION OF THE CONSTITUTION
prosecution are concerned. It refers to a willful and intentional breach of the Constitution.

Violation of the Constitution committed unintentionally or involuntarily

LESSON 17 either in good faith or through an honest mistake of
judgment is not a ground for impeachment.
ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICIALS
2. TREASON
SECTION 1
It is a crime committed by any person who, owing allegiance to the
Public office is a public trust. Public officers and employees must, at all Philippines, not being a foreigner, levies war against the Philippines or
times, be accountable to the people, serve them with utmost responsibility, adheres to her enemies, giving them aid and comfort within the
integrity, loyalty, and efficiency; act with patriotism and justice, and lead Philippines or elsewhere
modest lives.
 3. BRIBERY (5) No impeachment proceedings shall be initiated against the same official
more than once within a period of one year.
(a) Direct bribery, the offense committed by any public officer who shall
agree to perform an act constituting a crime, in connection with the (6) The Senate shall have the sole power to try and decide all cases of
performance of his official duties, in consideration of any promise or gift impeachment. When sitting for that purpose, the Senators shall be on oath
received by such officer. It may likewise be committed by any public officer or affirmation. When the President of the Philippines is on trial, the Chief
who shall accept such gift in consideration of the non-performance of an Justice of the Supreme Court shall preside, but shall not vote. No person
official duty or the execution of an act which does not constitute a crime shall be convicted without the concurrence of two-thirds of all the Members
(Article 210, Revise Penal Code); of the Senate.

(b) Indirect bribery, the offense committed by any public officer who PROCEDURES FOR IMPEACHMENT
shall accept gifts offered to him by reason of his office
The above provision delineates the procedure for impeachment, as follows:
4. GRAFT AND CORRUPTION
(1) The power to initiate impeachment is lodged on the House of
The phrase covers all graft and corrupt practices. It was not included as Representatives. A resolution for impeachment requires at least 1/3 votes
ground for impeachment under the 1935 Constitution. Its inclusion may be of all member of the House of Representatives. Of course, the House may
attributed to the awareness of the 1971 Constitutional Convention of the act upon receipt of a verified complaint by any of each member;
widespread graft and corruption in the government at the time;
(2) The power to hear and decide case of impeachment is lodged on the
5. BETRAYAL OF PUBLIC TRUST Senate who may decide on a verdict of impeachment by 2/3 vote
of all its members. The Chief Justice of the Supreme Court shall preside in
This is a new ground for impeachment. It will cover any violation of the oath case the President is the one on trial for impeachment;
of office involving loss of popular support even if the violation may not
amount to criminal offense. (3) Judgment is limited to removal from office
and disqualification to hold public office.
6. OTHER HIGH CRIMES

The phrase refers to those crimes which, like treason and bribery, are of so
serious and enormous a nature as to affect the very life or orderly workings
of the government.

SECTION 3

(1) The House of Representatives shall have the exclusive power to initiate
all cases of impeachment.

(2) A verified complaint for impeachment may be filed by any Member of

the House of Representatives or by any citizen upon a resolution or
endorsement by any Member thereof, which shall
be included in the Order of Business within ten session days, and referred
to the proper Committee within three session days thereafter. The
Committee, after hearing, and by a majority vote of
all its Members, shall submit its report to the House within sixty session days
from such referral, together with the corresponding resolution. The
resolution shall be calendared for consideration by
the House within ten session days from receipt thereof.

(3) A vote of at least one-third of all the Members of the House shall be
necessary either to affirm a favorable resolution with the Articles of
Impeachment of the Committee, or override its contrary resolution. The
vote of each Member shall be recorded.

(4) In case the verified complaint or resolution of impeachment is filed by at

least one-third of all the Members of the House, the same shall constitute
the Articles of Impeachment, and trial by the Senate shall forthwith
proceed.