PRINCIPLES AND STATE POLICIES

Section 9. Art 2.The State shall promote a just and dynamic social order that will
ensure the prosperity and independence of the nation and free the people from
poverty through policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of life for all.

PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to
build a just and humane society,
and establish a Government that shall embody our ideals and aspirations, promote
the common good, conserve and develop our patrimony,
and secure to ourselves and our posterity, the blessings of independence and
democracy under the rule of law
and a regime of truth, justice, freedom, love, equality, and peace, do ordain and
promulgate this Constitution.

SELF RELIANT AND INDEPENDENT ECONOMIC ORDER

Section 19. art 2.The State shall develop a self-reliant and independent national
economy effectively controlled by Filipinos.
Section 20.art 2. The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed investments.

CIVILIAN SUPREMACY
Section 3 Art 2. Civilian authority is, at all times, supreme over the military. The
Armed Forces of the Philippines is the protector of the people and the State. Its
goal is to secure the sovereignty of the State and the integrity of the national
territory.
Section 18. Art 7. (Commander in Chief clause)The President shall be the
Commander-in-Chief of all armed forces of the Philippines and whenever it
becomes necessary, he may call out such armed forces to prevent or suppress
lawless violence, invasion or rebellion. In case of invasion or rebellion, when the
public safety requires it, he may, for a period not exceeding sixty days, suspend
the privilege of the writ of habeas corpus or place the Philippines or any part
thereof under martial law.

DUTY OF GOVERNMENT TO PEOPLE

Section 4, Art 2. The prime duty of the Government is to serve and protect the
people. The Government may call upon the people to defend the State and, in the
fulfillment thereof, all citizens may be required, under conditions provided by law,
to render personal, military or civil service.

PROMOTION OF SOCIAL JUSTICE

Section 10.Art 2. The State shall promote social justice in all phases of national
development.
Calalang v Williams :
"Social Justice is 'neither communism, nor despotism, nor atomism, nor anarchy,'
but the humanization of laws and the equalization of social and economic forces
by the State
so that justice in its rational and objectively secular conception may at least be
approximated.
Social justice means the promotion of the welfare of all the people,
the adoption by the Government of measures calculated to insure economic
stability of all the component elements of society,
through the maintenance of a proper economic and social equilibrium in the
interrelations of the members of the community,
constitutionally, through the adoption of measures legally justifiable,
or extra-constitutionally, the exercise of powers underlying the existence of all
governments on the time-honored principle of salus populi est suprema lex."

Section 5, Art 2.The maintenance of peace and order, the protection of life, liberty,
and property, and promotion of the general welfare are essential for the enjoyment
by all the people of the blessings of democracy.
Section 4. Art 16.The Armed Forces of the Philippines shall be composed of a
citizen armed force which shall undergo military training and serve as may be
provided by law. It shall keep a regular force necessary for the security of the
State.

RESPECT FOR HUMAN DIGNITY AND HUMAN RIGHTS

Read also section 5, Art 16

Section 17-19, Art 13 (Human Rights)

4blue95 notes: right to bear arms is a statutory, not a constitutional right. The
license to carry a firearm is neither a property nor a property right. Neither does it
create a vested right.
Even if it were a property right, it cannot be considered absolute as to be placed
beyond the reach of police power. The maintenance of peace and order and the
protection of the people against violence are constitutional duties of the state, and
the right to bear arms is to be construed in connection and in harmony with these
constitutional duties.
SEPARATION OF CHURCH AND STATE
Section 6. The separation of Church and State shall be inviolable.
Reinforce by:
a.sec 5, Art 3 (Freedom of Religion clause)
b.sec 2(5), Art 9c (Religious sect cannot be registered as political party)
c.sec 5(2), Art 6 (No sectoral representative from the religious sector)
d.sec 29(2), Art 6 (Prohibition against Appropriation for sectarian benefit)

Section 11. Art 2. The State values the dignity of every human person and
guarantees full respect for human rights.

FAMILY AND YOUTH

Section 12.Art 2. The State recognizes the sanctity of family life and shall protect
and strengthen the family as a basic autonomous social institution. It shall equally
protect the life of the mother and the life of the unborn from conception. The
natural and primary right and duty of parents in the rearing of the youth for civic
efficiency and the development of moral character shall receive the support of the
Government.
Section 13. Art 2. The State recognizes the vital role of the youth in nationbuilding and shall promote and protect their physical, moral, spiritual, intellectual,
and social well-being. It shall inculcate in the youth patriotism and nationalism,
and encourage their involvement in public and civic affairs.

Exceptions:
a.sec 28(3), Art 6: (Churches, parsonages etc. actually, directly and exclusively
used for Religious purposes shall be exempt from taxation)
b.sec 29(2),Art 6: (Prohibition against appropriation for sectarian benefit, except
when priest, etcis assigned to the armed forces or to any penal institution or
government orphanage or leprosarium)
c.sec 3(3),Art 14: (Optional religious instruction for public elementary and high
school students)
d.sec 4(2), Art 14: (Filipino ownership requirements for educational institutions
except those established by religious groups and mission boards)
JUST AND DYNAMIC SOCIAL ORDER (READ PREAMBLE)

FUNDAMENTAL EQUALITY OF MEN AND WOMEN

Section 14. Art 2.The State recognizes the role of women in nation-building, and
shall ensure the fundamental equality before the law of women and men.
Section 14. Art 13. The State shall protect working women by providing safe and
healthful working conditions, taking into account their maternal functions, and
such facilities and opportunities that will enhance their welfare and enable them to
realize their full potential in the service of the nation.
PRIORITY TO EDUCATION, SCIENCE, TECHNOLOGY ETC

Section 17. art 2. The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and nationalism, accelerate
social progress, and promote total human liberation and development.

Section 21art 2. The State shall promote comprehensive rural development and
agrarian reform.
Sec 4-10,art 13: Agrarian reform

Section 2. art 14.The State shall:

(1) Establish, maintain, and support a complete, adequate, and integrated system
of education relevant to the needs of the people and society;
(2) Establish and maintain, a system of free public education in the elementary and
high school levels. Without limiting the natural rights of parents to rear their
children, elementary education is compulsory for all children of school age;
(3) Establish and maintain a system of scholarship grants, student loan programs,
subsidies, and other incentives which shall be available to deserving students in
both public and private schools, especially to the under-privileged;
(4) Encourage non-formal, informal, and indigenous learning systems, as well as
self-learning, independent, and out-of-school study programs particularly those
that respond to community needs; and
(5) Provide adult citizens, the disabled, and out-of-school youth with training in
civics, vocational efficiency, and other skills.

PROMOTION OF HEALTH AND ECOLOGY

Section 15.art 2. The State shall protect and promote the right to health of the
people and instill health consciousness among them.
Section 16. art 2.The State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and harmony of nature.
Section 11.art 13. The State shall adopt an integrated and comprehensive approach
to health development which shall endeavor to make essential goods, health and
other social services available to all the people at affordable cost. There shall be
priority for the needs of the under-privileged, sick, elderly, disabled, women, and
children. The State shall endeavor to provide free medical care to paupers.
Section 12. art 13.The State shall establish and maintain an effective food and drug
regulatory system and undertake appropriate health, manpower development, and
research, responsive to the country's health needs and problems.

PROTECTION TO LABOR
Section 18. art 2.The State affirms labor as a primary social economic force. It
shall protect the rights of workers and promote their welfare.

Section 13.art 13. The State shall establish a special agency for disabled person
for their rehabilitation, self-development, and self-reliance, and their integration
into the mainstream of society.

Section 8.art 3. The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not contrary
to law shall not be abridged.
Sec 2(5), Art 9 b. The right to self-organization shall not be denied to government
employees.

INDIGENOUS CULTURAL COMMUNITIES

Section 22. art 2. The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and development.
Sec 5(2), art 6. Party list

INDEPENDENT PEOPLES ORGANIZATIONS

Section 23. Art 2. The State shall encourage non-governmental, community-based,
or sectoral organizations that promote the welfare of the nation.
Section 15. art 13.The State shall respect the role of independent people's
organizations to enable the people to pursue and protect, within the democratic
framework, their legitimate and collective interests and aspirations through
peaceful and lawful means.
People's organizations are bona fide associations of citizens with demonstrated
capacity to promote the public interest and with identifiable leadership,
membership, and structure.
Section 16. art 13. The right of the people and their organizations to effective and
reasonable participation at all levels of social, political, and economic decisionmaking shall not be abridged. The State shall, by law, facilitate the establishment
of adequate consultation mechanisms.

Sec 5, Art 12. The State, subject to the provisions of this Constitution and national
development policies and programs, shall protect the rights of indigenous cultural
communities to their ancestral lands to ensure their economic, social, and cultural
well-being.
Section 17. art 14. The State shall recognize, respect, and protect the rights of
indigenous cultural communities to preserve and develop their cultures, traditions,
and institutions. It shall consider these rights in the formulation of national plans
and policies.

INDEPENDENT
PHILIPPINES

FOREIGN

POLICY

AND

NUCLEAR-FREE

Section 7. Art. 2.The State shall pursue an independent foreign policy. In its
relations with other states, the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and the right to selfdetermination.
Section 8. Art 2. The Philippines, consistent with the national interest, adopts and
pursues a policy of freedom from nuclear weapons in its territory.
4blue 95 notes: IN Lim v. Secretary: Sc said that these provisions,along with sec
2,Art 2 and sec 21,Art 7(No treaty or international agreement shall be valid and
effective unless concurred in by at least two-thirds of all the Members of the
Senate). and sec 26,Art 18 betray a marked antipathy towards foreign military
presence in the country or of foreign influence in general.

LAND REFORM

EQUAL ACCESS OF OPPORTUNITIES FOR PUBLIC SERVICE

Section 26. art 2. The State shall guarantee equal access to opportunities for public
service and prohibit political dynasties as may be defined by law.

Section 27. Art 2.The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and corruption.

Section 13. art 7. The President, Vice-President, the Members of the Cabinet, and
their deputies or assistants shall not, unless otherwise provided in this
Constitution, hold any other office or employment during their tenure. They shall
not, during said tenure, directly or indirectly, practice any other profession,
participate in any business, or be financially interested in any contract with, or in
any franchise, or special privilege granted by the Government or any subdivision,
agency, or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries. They shall strictly avoid conflict of interest in
the conduct of their office.

Section 28. Art 2. Subject to reasonable conditions prescribed by law, the State
adopts and implements a policy of full public disclosure of all its transactions
involving public interest.

The spouse and relatives by consanguinity or affinity within the fourth civil degree
of the President shall not, during his tenure, be appointed as Members of the
Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices, including governmentowned or controlled corporations and their subsidiaries.
Section 1. art 13.The Congress shall give highest priority to the enactment of
measures that protect and enhance the right of all the people to human dignity,
reduce social, economic, and political inequalities, and remove cultural inequities
by equitably diffusing wealth and political power for the common good.
To this end, the State shall regulate the acquisition, ownership, use, and disposition
of property and its increments.
Section 2. art 13. The promotion of social justice shall include the commitment to
create economic opportunities based on freedom of initiative and self-reliance.
4blue 95 notes: In Pamatong v Comelec: the constitutional provision above is not
intended to compel the state to enact positive measurements to accommodate as
many as possible into public office. The privilege may be subjected to limitations.
One such valid limitation is the provision of the Omnibus Election Code on
Nuisance Candidates.

COMMUNICATION AND INFORMATION IN NATION BUILDING

Section 24. art 2.The State recognizes the vital role of communication and
information in nation-building.

Section 7.Art 3. The right of the people to information on matters of public

concern shall be recognized. Access to official records, and to documents and
papers pertaining to official acts, transactions, or decisions, as well as to
government research data used as basis for policy development, shall be afforded
the citizen, subject to such limitations as may be provided by law.
Art 6.
Section 12. All Members of the Senate and the House of Representatives shall,
upon assumption of office, make a full disclosure of their financial and business
interests. They shall notify the House concerned of a potential conflict of interest
that may arise from the filing of a proposed legislation of which they are authors.
Section 20. The records and books of accounts of the Congress shall be preserved
and be open to the public in accordance with law, and such books shall be audited
by the Commission on Audit which shall publish annually an itemized list of
amounts paid to and expenses incurred for each Member.
Section 20. art 7. The President may contract or guarantee foreign loans on behalf
of the Republic of the Philippines with the prior concurrence of the Monetary
Board, and subject to such limitations as may be provided by law. The Monetary
Board shall, within thirty days from the end of every quarter of the calendar year,
submit to the Congress a complete report of its decision on applications for loans
to be contracted or guaranteed by the Government or government-owned and
controlled corporations which would have the effect of increasing the foreign debt,
and containing other matters as may be provided by law.
Section 4. art 9d. The Commission shall submit to the President and the Congress,
within the time fixed by law, an annual report covering the financial condition and
operation of the Government, its subdivisions, agencies, and instrumentalities,
including government-owned or controlled corporations, and non-governmental
entities subject to its audit, and recommend measures necessary to improve their
effectiveness and efficiency. It shall submit such other reports as may be required
by law.

Section 23. art 18. Advertising entities affected by paragraph (2), Section 11 of
Article XV1 of this Constitution shall have five years from its ratification to
comply on a graduated and proportionate basis with the minimum Filipino
ownership requirement therein.

Art 12.

Section 10. art 16.The State shall provide the policy environment for the full
development of Filipino capability and the emergence of communication
structures suitable to the needs and aspirations of the nation and the balanced flow
of information into, out of, and across the country, in accordance with a policy that
respects the freedom of speech and of the press.

Section 21. Foreign loans may only be incurred in accordance with law and the
regulation of the monetary authority. Information on foreign loans obtained or
guaranteed by the Government shall be made available to the public.

Section 12. The State shall promote the preferential use of Filipino labor, domestic
materials and locally produced goods, and adopt measures that help make them
competitive.

Section 11.art 16
(1) The ownership and management of mass media shall be limited to citizens of
the Philippines, or to corporations, cooperatives or associations, wholly-owned
and managed by such citizens.
The Congress shall regulate or prohibit monopolies in commercial mass media
when the public interest so requires. No combinations in restraint of trade or unfair
competition therein shall be allowed.

AUTONOMY OF LOCAL GOVERNMENTS

(2) The advertising industry is impressed with public interest, and shall be
regulated by law for the protection of consumers and the promotion of the general
welfare.

Art 10: Local Government

Section 25. art 2. The State shall ensure the autonomy of local governments.

4blue 95 notes: Decentralization does not make the local governments sovereign
within the state or an Imperium in imperio.

Only Filipino citizens or corporations or associations at least seventy per centum

of the capital of which is owned by such citizens shall be allowed to engage in the
advertising industry.
The participation of foreign investors in the governing body of entities in such
industry shall be limited to their proportionate share in the capital thereof, and all
the executive and managing officers of such entities must be citizens of the
Philippines.

HONEST PUBLIC SERVICE AND FULL PUBLIC DISCLOSURE

INHERENT POWERS OF THE STATE

I. POLICE POWER
Power of promoting public welfare by restraining and regulating the use of
liberty and property.
It concerns government enactments, which precisely interfere with personal
liberty or property to promote the general welfare or the common good.

Sec 9,Art III of the Constitution ,in mandating that Private Property shall
not be taken for public use w/o just compensation merely imposes a limit on
the governments exercise of Eminent Domain and provides a measure of
protection to the individuals right to property.
HOWEVER, an ejectment suit should not ordinarily prevail over the States
power of Eminent Domain.

A law enacted in the exercise of police power to regulate or govern

certain activities or transactions could be given retroactive effect and
may reasonably impair vested rights or contracts.
Police power legislation is applicable not only to future contracts but
equally to those already in existence.
Non impairment of contracts or vested rights clauses will have to
yield to the superior and legitimate exercise by the State of the
Police Power.
Thus, despite the retroactive effect of PD 957, there is no violation
of the non-impairment clause because the decree is a valid exercise
of the police power and police power prevails over all contracts.

Therefore, the exercise of the power of Eminent Domain is clearly superior to

the final and executory judgment rendered by the court in an ejectment case.

LICENSE- not a property right but a mere privilege as such the State
may alter, modify or amend the same in accordance with the
demands of the general welfare.

The Power of Eminent Domain is pervasive and all-encompassing power

vested in the LEGISLATURE.

4blue 95: the foundation of the right to exercise eminent domain is

genuine necessity and that necessity must of public character.
Government may not capriciously or arbitrarily choose which
private property should be expropriated.
4blue 95: example of eminent domain is acquisition of an easement
of a right of way and reclassification of land.

But ,with regard Local Government Units ,it does not enjoy the
pervasiveness and all-encompassing power as granted to the
Legislature because the power of eminent domain of the LGU must,
by enabling law, be delegated to it by the National Legislature and
thus can only be as broad and confined as the real authority would
want it to be.

PROFESSION-regulated
to
safeguard
health,
morals,peace,education, order, safety and general welfare of the
people.
2008 update: when it is exercised by a delegate, the additional limitations (aside
from LAWFUL SUBJECT & LAWFUL MEANS) are:
1.
express grant by law
2.
within territorial limits (except when if to protect water supply)
3.
must not be contrary to law
(activity prohibited by law cannot ,in the guise of regulation,be
allowed. However, an activity allowed by law may be regulated but
not prohibited)
Power of LGU is merely to regulate,& not prohibit because LGUs
power is confine in Police Power & not in eminent domain. As
such,if it runs counter to a national law,then,ordinance is invalid.
2008 update: for municipal ordinances:
1.
must not contravene the constitution
2.
must not be unfair or oppressive
3.
must not be partial or discriminatory
4.
must not prohibit but may regulate trade
5.
must not be unreasonable
6.
must be general in application and consistent w/ public policy

Furthermore, Sec 19 of RA 7160 ,requires the local Government

Units to tender a prior written definite and valid offer to acquire the
property before the filing of the complaint for eminent domain.
4blue 95: when the power of eminent domain is exercised by the
Legislature, the question of necessity is generally a POLITICAL
QUESTION.
But when exercised by a delegate, the determination of whether
there is genuine necessity for the exercise is a JUSTICIABLE
QUESTION.

For LGU, eminent domain can only be exercised if

1.
2.
3.

II. POWER OF TAXATION

Exercised Primarily by the Legislature, also Legislative bodies and to a
limited extent to the President (as to the Tariff Power )
License Fee v Tax
1.

license fee is a police measure; tax is a revenue measure

2.

amount collected for a license fee is limited to the cost of permit and
reasonable police regulation (except when license fee is imposed on
a non-useful occupation)
amount of tax may be unlimited provided it is not confiscatory.

3.

license fee is paid for the privilege of doing something and may be
revoked when public interest so requires.
Tax is imposed on persons or property for revenue.
2008 updates: when a license fee is imposed for a non-useful
occupation, it is so in order to discourage non-useful occupations or
enterprises. Therefore, the amount imposed (unlike in useful
occupations) may be a bit exorbitant.

LGU have the power to create their own sources of revenue, and levy taxes
but subject to the guidelines and limitations set by Congress.
The Sec of Justice is authorize by RA 7160 to review the
constitutionality or legality of a tax ordinance & if warranted, to
revoke it on either or both grounds
LGU have no power to tax instrumentalities of the National
Government such as PAGCOR

III. POWER OF EMINENT DOMAIN

a valid & definite offer was made & it was not accepted
its for public use
exercised only by Local CHIEF EXECUTIVE pursuant to a
valid ordinance

Acquisition of real and personal property

1.
2.
3.

4.
5.

LGU may acquire property in any manner allowed by law

(ex:donation/sale)
LGU may alienate only PATRIMONIAL property upon proper
authority
in absence of proof that the property was acquired through corporate
or private funds, the presumption is that it came from the State upon
creation of the municipality and thus governmental or public
property
town plazas are properties of public dominion,they may be occupied
temporarily but only for the duration of an emergency
a public plaza is beyond the commerce of man, and cannot be the
subject of lease or other contractual undertaking.

Jurisdiction over a Complaint for Eminent Domain is with the Regional Trial
Court.
While the value of the Property to be expropriated is estimated in
monetary terms because the court is duty bound to determine the
amount of just compensation to be paid for the property.
The issue of necessity of the expropriation is a matter properly
addressed to the RTC in the course of the expropriation proceedings.
If the property owner objects to the necessity of the takeover, he
should say so his ANSWER to the Complaint.
The RTC has the power to inquire into the legality of the exercise of
the right of eminent domain and to determine whether there is a
genuine necessity for it

BAR MATTER 2008

ON LEGAL STANDING:

AS TO INTERNATIONAL LAW:

4blue 95: IRA is an issue of Transcendental Importance.

2007 BAR: the surviving Filipina comfort women demand that the Japanes
government apologize and pay them compensation. However, under the 1951 San
Francisco Peace Agreementthe legal instrument that ended the state of war
between Japan and Allied forces all the injured states, including the
Philippines ,received war reparations and in return, waived all claims against
Japan arising from the war. Is that a valid defense?
HELD: NO. Under the Preamble of the San Francisco Treaty, Japan undertooks to
conform to the protection and observance of human rights and that Article 103 of
the UN charter provides that the obligations of the member-States prevail over any
other international agreement.
The waiver under the San Francisco Treaty which stated that Japan had no
resources presently sufficient to make complete reparation for all such damages
and sufferings and meet its other obligations. Thus, the waiver was operative only
while Japan had inadequate resources.

2007 BAR: if the Provincial Governor is a party-mate of the President. May the
Bataan Representative instead file a petition to compel the DBM to release the
Internal Revenue Allotment funds?
HELD: it is the Provincial Governor who should file the case to compel DBM to
release the funds. However, if the Governor does not file the case because he is a
party-mate of the President, the Representative of Bataan may be allowed to file
the case since the issue is of transcendental importance, being a taxpayer and vote,
the latter has the requisite standing to institute the action (Francisco v HRep)

4blue 95: however, the Filipina comfort women cannot sue Japan for damages
because a Foreign State may not be sued before Philippine Courts as a
consequence of the principles of independence and equality of states (Rep of
Indonesia v Vinzon)
POLICE POWER - EMINENT DOMAIN TAXATION

1. Police power affects both liberty and property.

Eminent domain and power of taxation affect only property

2008 notes: The focus of DOUBLE CRIMINALITY in extradition, is that, the

accused can be extradited even if he committed such crime is the past since
the requirement in double criminality is satisfied even if the act was not
criminal in the requested state at the time of occurrence if it was criminal at
the time that the request was made.

2. Eminent Domain may be exercised by private institutions.

Police power and power of taxation, by Congress only.
3. Police power, property taken is destroyed (as they are considered noxious)
Eminent domain and power of taxation, taking is for public use (thus, useful)
4. Eminent domain and power of taxation gives concrete compensation.
Police power, only an altruistic feeling

PRESIDENTIAL FORM OF GOVERNMENT

The principal identifying feature is embodied in the separation of powers doctrine.
Each department of govt exercises powers granted to it by the Constitution and
may not control, interfere with or encroach upon the acts done within the
constitutional competence of others.
However, the Constitution also gives each department certain powers by which it
may definitely restrain others from improvident action, thereby maintaining a
system of check and balance among them,thus,preserving the will of the sovereign
expressed in the Constitution.
PARLIAMENTARY FORM OF GOVERNMENT
Essential Characteristics are:
(1)
fusion of legislative and executive branches in parliament
(2)
prime minister head of government and may be removed from
office by a vote of loss of confidence
(3)
members of cabinet are chosen from among the members of
parliament and as such are accountable to the latter

AS TO PROTEST AND DEMONSTRATIONS:

4blue 95: there may be a head of state who may or may not be elected.

IF WALKING :
Even if they have no permit to rally in Manila (since the permit they
have secured is in Quezon City, since the protesters merely reach 3
m. beyond the boundary of Quezon City, the police authorities of
Manila should not have stopped them, as there was NO CLEAR
AND PRESENT DANGER TO PUBLIC ORDER. In accordance
with the policy of maximum tolerance, the police authorities should
have asked the protesters to disperse and if they refused, the public
assembly may be dispersed peacefully.
IF RIDING A VEHICLE:
In accordance with maximum tolerance, the security police should
not have stopped the protesters. They should have simply asked the
protesters to take adequate steps to prevent their banners from being
blown off, such as rolling them up while they were in the
expressway and required the protesters to board their vehicles and
proceed on their way.

BILL OF RIGHTS

(Article III)
SECTION 1. No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.
SECTION 2. The right of the people to be secure in their persons, houses, papers,
and effects against unreasonable searches and seizures of whatever nature and for
any purpose shall be inviolable, and no search warrant or warrant of arrest shall be
issued except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be searched and the persons
or things to be seized.
SECTION 3. (1) The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court, or when public safety or order
requires otherwise as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.
SECTION 4. No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably to assemble and
petition the Government for redress of grievances.
SECTION 5. No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or preference, shall forever be
allowed. No religious test shall be required for the exercise of civil or political
rights.
SECTION 6. 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 national
security, public safety, or public health, as may be provided by law.

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 be required.
SECTION 14. (1) No person shall be held to answer for a criminal offense
without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed 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 accusation against him, to have a
speedy, impartial, and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witnesses and the production of
evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he has been duly notified
and his failure to appear is unjustifiable.
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.
SECTION 16. All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.
SECTION 17. No person shall be compelled to be a witness against himself.
SECTION 18. (1) No person shall be detained solely by reason of his political
beliefs and aspirations.
(2) No involuntary servitude in any from shall exist except as punishment for a
crime whereof the party shall be duly convicted.

SECTION 19.

SECTION 7. The right of the people to information on matters of public concern

shall be recognized. Access to official records, and to documents, and papers
pertaining to official acts, transactions, or decisions, as well as to government
research data used as basis for policy development, shall be afforded the citizen,
subject to such limitations as may be provided by law.

(1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the Congress hereafter provides for
it. Any death penalty already imposed shall be reduced to reclusion perpetua.

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

(2) The employment of physical, psychological, or degrading punishment against

any prisoner or detainee or the use of substandard or inadequate penal facilities
under subhuman conditions shall be dealt with by law.

SECTION 9. Private property shall not be taken for public use without just
compensation.
SECTION 10. No law impairing the obligation of contracts shall be passed.

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

tax.

SECTION 11. Free access to the courts and quasi-judicial bodies and adequate
legal assistance shall not be denied to any person by reason of poverty.
SECTION 12. (1) Any person under investigation for the commission of an
offense shall have the right to be informed of his right to remain silent and to have
competent and independent counsel preferably of his own choice. If the person
cannot afford the services of counsel, he 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 similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof
shall be inadmissible in evidence against him.
(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 or similar
practices, and their families.
SECTION 13. All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction, be

SECTION 21. No person shall be twice put in jeopardy of punishment for the
same 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 same act.

SECTION 22. No ex post facto law or bill of attainder shall be enacted.