Section 1, Article 1

of the 1987 Constitution

National Territory of the Philippines comprises of:
1. The Philippine archipelago with all the islands
and waters embraced therein;
2. All other territories over which the Philippines has
sovereignty or jurisdiction.
3. The terrestrial, fluvial and aerial domains
including the territorial sea, the seabed, the
subsoil, the insular shelves, and other submarine
areas thereof; and
4. The internal waters.
Archipelago
Derived from the Greek word pelagos meaning
“sea.”
A sea or part of a sea containing many
islands.
In other words, it includes both sea and islands
which geographically may be considered as an
independent whole.
The Philippine territory consists of its terrestrial,
fluvial, and aerial domains. Included in its fluvial
domains, in addition to the external waters, are:
1. Territorial sea.
2. The seabed
3. The subsoil
4. Insular shelves
5. Other submarine areas
1. The Territorial Sea- 12 nautical miles (19 km) from
the low-watermarks. Also called as the marginal
sea, marginal belt or marine belt.
2. The Seabed – or sea floor or sea bottom. The land
that holds the sea
3. The Subsoil – refers to everything beneath the surface
soil and the seabed
4. Insular shelves – they are the submerged portion of a
continent or offshore island. (Continental Shelves.
5. Submarine areas – all areas under territorial sea.
Three-fold division of navigable
waters.
From the standpoint of international law, the waters of
the earth are divided into:
1. Inland or internal waters
2. Territorial sea (Supra)
3. High or open seas
Internal waters
Covers all water and waterways on
the landward side of the baseline.
The coastal state is free to set
laws, regulate use, and use any
resource. Foreign vessels have no
right of passage within internal
waters.
 Territorial Sea
• Out to 12 nautical miles (22 kilometres; 14
miles) from the baseline
• the coastal state is free to set laws, regulate
use, and use any resource
• submarines and other underwater vehicles are
required to navigate on the surface and to
show their flag.
Territorial Sea
The belt of the sea located between the coast and
internal waters of the coastal state on the one
hand, and the high seas on the other, extending up
to 12 nautical miles from the low water mark.
Contiguous Zone
Extends up to 12 nautical miles from the territorial
sea. Although not part of the
territory, the coastal State may exercise jurisdiction
to prevent infringement of customs, fiscal,
immigration or sanitary laws.
Exclusive Economic Zone
The state in the EEZ exercises jurisdiction with
regard to:
1. the establishment and use of artificial islands,
installations, and structures;
2. marine scientific research;
3. the protection and preservation of marine
environment;
The Philippine Position
1. Fatal effect application of 12 mile rule upon
territorial integrity of the Philippines
2. The Philippines, a single nation and a united
state
3. Archipelago principle fully recognized by UN
Law of the Sea Convention
 Article II –

Declaration of
Principles and State
Policies
Principles –Sec 1-6
State Policies 7-28
SECTION 1. The Philippines is a democratic
and republican State. Sovereignty resides in
the people and all government authority
emanates from them.

A democratic and republican state.

-States that the Philippines is a democratic
state.
SECTION 2. The Philippines renounces war as
an instrument of national policy, adopts the
generally accepted principles of international law
as part of the law of the land and adheres to the
policy of peace, equality, justice, freedom,
cooperation, and amity with all nations.

Renunciation of war as instrument of national

policy.
• Philippines cannot declare war on another
country
• The country can only declare an existing state
of war
 an act of defense
SECTION 3. 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.

Supremacy of the Civilian Authority

 The President is the commander-in-chief of the
armed forces of the Philippines,
 The army, the navy, a ndthe air force.
 The appointment of the high ranking officials
is vested in the President.
 Section 3.
Armed Forces: Protector of the State
• Armed Forces of the Philippines (AFP)
• Its goals is to discharge the function of being
the protector of:
The sovereignty of the State
Integrity of our National Territory
SECTION 4. 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 person military or civil
service.
SECTION 5. 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.
Peace and Order
• Duty of the government to maintain peace and
order.
Through making laws
Enforcing laws
Promote the general welfare
SECTION 6. The Separation of Church and State
are inviolable.
• The government shall not favor any religion,
support them using public funds ,or even
establish or set up a church.
• The Church should not get involved in
political issues or matters.
ESTABLISHMENT OF RELIGION CLAUSE
• The State shall have no official religion.
• The State cannot set up a church.
• Everyone has the freedom to profess their
belief or disbelief in any religion.
 Section 6.
• Every religious minister is free to practice his
calling.
• The State cannot punish a person for
entertaining or professing religious beliefs or
disbeliefs.
• The command that Church and the state be
separate does not mean hostility towards
religion .
 Preamble
 Other provisions/laws
SECTION 7. 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 self-
determination.
SECTION 8. The Philippines, consistent with the
national interest, adopts and pursues a policy of
freedom from nuclear weapons in its territory.

Freedom from Nuclear Weapons

• It is a prohibition from:
Making
Storing
Manufacturing
Dumping
Of nuclear weapons, devices, or parts thereof in
our country.
 Section 8.
Exceptions
• The use of nuclear for:
Medicine
Agriculture
And other beneficial purposes
• If the national interest so requires
The storing of nuclear weapons in our
territory
SECTION 9. 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.
SECTION 10. The State shall promote social
justice in all phases of national development.

The State must give preferential attention to the welfare of the less
fortunate members of the community
 the poor
 Uneducated
 Underprivileged
 disabled
SECTION 11. The State values the dignity of
every human person and guarantees full respect
for human rights.

Human Rights
 Belief in inherent dignity of every human person basis of human
right
 A human person is a being not a thing.
• In a democratic state, the individual enjoys certain rights which
cannot be modified or taken away by the lawmaking body.
SECTION 12. 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.
Right of human life of the unborn from
conception and of the mother
 Once conceived, a child has the right to be born
and the right to live.
 Section 12.
• Mandates the protection of the unborn from
the possibility of abortion being legalized.
• The State should also protect the health of the
mother
SECTION 13. The State recognizes the vital role
of the youth in nation-building 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.

Role of the Youth in Nation Building

• Youth are better educated, more well-informed.
• The constitution recognizes the importance of
the youth.
 Section 13.

C L
W T
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ROTC
SECTION 14. The State recognizes the role of
women in nation-building, and shall ensure the
fundamental equality before the law of women
and men.

Role of women in nation building

• Our women have proven their capabilities in
different fields in business, professions, arts,
education and in public service even
internationally.
• In the past and even today, women involve
themselves in worthy causes or activities
involving national concerns
Section 14.
SECTION 15. The State shall protect and
promote the right to health of the people and
instill health consciousness among them.

Health
• is the state physical, social and mental well-being rather than
merely than merely the absence of physical diseases
These constitution gives the right to the people to health
 DOH
 Health Center
SECTION 16. 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.
Right to Balanced and Healthful Ecology
• The need for a program to address the
ecological problems of:
Pollution
Waste disposal
Forest denudation
Flood drought
Dying river beds
Destruction of waterways
Protect human life
SECTION 17. 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.

 The States prioritizes the following through their different

programs like the:
 DepEd
 DOST
 PSC
SECTION 18. The State affirms labor as a
primary social economic force. It shall protect the
rights of workers and promote their welfare.
• Human labor is not only treated as land, tools, or machinery. It
mandates the State to provide living wage and full participation
to workers in decision-making processes which affect their rights
and benefits.
SECTION 19. The State shall develop a self-
reliant and independent national economy
effectively controlled by Filipinos.
• States the constitutional guidelines in the development of the
economy:
 Economic self-reliance
 Independent national economy
 And effective Filipino control of the economy
SECTION 20. The State recognizes the
indispensable role of the private sector,
encourages private enterprise, and provides
incentives to needed investments.

Role of private sectors in the economy

• The Constitution does not favor an economy
where the State directly competes with private
business.
• The business of government is governance and
NOT money-making.
SECTION 21. The State shall promote comprehensive
rural development and agrarian reform.

• Covers all phases of rural development:

 Economic
 Social
 Political
 Cultural
 Industrial
SECTION 22. The State recognizes and promotes
the rights of indigenous cultural communities
within the framework of national unity and
development.
• Recognizes the existence and the rights of the indigenous cultural
communities.
• Directs the State to promote the rights of indigenous cultural
communities by considering their customs, traditions, beliefs,
and interests.
• Implementing state policies with full respect to their culture,
dignity, uniqueness and human rights.
Section 22.
SECTION 23. The State shall encourage non-
governmental, community-based, or sectoral
organizations that promote the welfare of the
nation.

• The state is required to encourage these organizations because

recent events have shown that, under responsible leadership, they
can be active contributors to the political, social, and economic
growth of the country – promote the welfare of the nation.
SECTION 24. The State recognizes the vital role
of communication and information in nation-
building.
• Means of communications such as:
Motion pictures
Television
Radio
Newspapers
Magazines
Nation-Building
• The people are enlightened on certain public
issues.
• They can also serve as useful tools to promote
unity among the Filipinos.
SECTION 25. The State shall ensure the
autonomy of local governments.

• Local affairs can best be regulated by the

people in the locality.
SECTION 26. The State shall guarantee equal
access to opportunities for public service, and
prohibit political dynasties as may be defined by
law.
• This does not allow the existence of political
dynasties or the practice of keeping political
power within the control of select families.
• Emphasizes the duty of the government to
uphold democratic elections and appointments.
SECTION 27. The State shall maintain honesty
and integrity in the public service and take
positive and effective measures against graft and
corruption.

Honesty and integrity in public service

 Undermines the quality of life for people
especially in poor qualities.
• The constitution seeks to minimize and find
completely to eliminate graft and corruption, a
way to attack problem.
SECTION 28. Subject to reasonable conditions
prescribed by law, the State adopts and
implements a policy of full public disclosure of
all its transactions involving public interests.
 Section 7 of the Bill of Rights
Guarantees the people’s right to know any
transaction entered into by the government.
 Limited to things which involves public
concerns .
 The policy covers matters involving public
interest especially those concerning the
utilization of public funds and property.
 ARTICLE 3
BILL OF RIGHTS
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 issue except
upon probable cause
A private individual can arrest a
criminal even without a warrant, this
is called “
CITIZEN ARREST”.
Warrantless Arrest is allowed under the
following circumstances:
1. Flagrante Delicto (Caught in the
Act);
2. Hot Pursuit Operation;
3. Arrest of Fugitive.
Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I

Warrantless Arrest
1. Flagrante Delicto (Caught in the Act)
 Person to be arrested has committed, is
actually committing, is attempting to commit
an offense;
 Such commission is in the presence of the
arresting individual;
 Arresting individual has personal knowledge
of such commission.
Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I

Warrantless Arrest

2. Hot Pursuit – Hot Pursuit Arrest takes

effect when a crime has just in fact been
committed and the arresting officer or
private individual has probable cause to
believe based on personal facts or
circumstances that the person to be
arrested has committed it.
 Warrantless Arrest
3. Arrest of Fugitive – When a person to be
arrested is a prisoner who escaped from a
penal establishment or place where he is
serving final judgment or temporarily
confined while his case is pending or has
escaped while being transferred from one
confinement to another.
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.
A telephone conversation between two (2) drug
pushers secretly recorded by police officers
by tapping its wire without court order is not
acceptable. As evidence in court due to the
privacy of communication enshrined in the
Philippine Constitution. However, recording of
conversation through telephone extension is
not a violation of the Anti-Wire Tapping Law.
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.
1. Freedom of Speech – means an individual is
free to speak or utter whatever he wants without
prior restraint.
2. Right to a Free Press – means an individual is
free to write, publish, and circulate whatever he
pleases without restraint.
3. Freedom of Assembly – refers mainly to
peaceful demonstrations related to public affairs.
4. The Right of Petition - to take up one’s
grievances with government without fear of
persecution.
Freedom of Speech is not absolute
Forms of Calumny
1. Libel - untruthful information/character
assassination in written, and using print or
broadcast media.
2. Slander - spoken untruthful information /
character assassination .

Clear and Present Danger – if the uttered threat

seems serious (i.e. the intent appears to be
serious), immediate, grave and realistic.
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.
 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.
 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,
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.
Section 9.
Right to just compensation
Private property shall not be taken
for public use without just
compensation.

“Ang mga pribadong ariarian ay hindi

dapat kunin ukol sa gamit pambayan
nang walang wastong kabayaran.”
Section 10.
Non-impairment clause
No law impairing the obligation of
contracts* shall be passed.
“Hindi dapat magpatibay ng batas na
sisira sa pananagutan ng mga kontrata.”
*Obligation of contracts is the legal duty of the
contractors to fulfill the promise stated in the contract.
The reasonable capacity of a man to do, or to refrain
from doing something is considered before questioning
the obligation of contracts.
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.
Right of Person under Custodial Investigation

(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.
(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.
 Section 13.
All persons, except those charged with
offenses punishable by reclusion
perpetua when evidence of guilt is
strong, shall, before conviction, 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.
Bail – is the security (usually a deposit of money)
required by a court for the temporary release of a
person who is in the custody of the law provided that
his appearance in trials may be ensured.

Habeas corpus- protection against illegal imprisonment

 Non-Bailable Crimes
1. Kidnapping;
2. Murder;
3. Rape;
4. Drug-Pushing;
5. Carnapping;
6. Or Crimes Under the Heinous Crime Law, Plunder
Law and Dangerous Drugs Law.
Section 14. Right of the Accused

(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.
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. Right against self-incrimination

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.
 Section 19.
(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.
Right of a prisoner

 (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 20.

 No person shall be imprisoned for

debt or non-payment of a poll tax.
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

Bill of attainder – punishment

without a judicial trial