BFP Entrance Exam General Information — Philippine Constitution — Preamble, Declaration of Principles & Bill of RightsFlash Cards

What does the term 'preamble' mean and what is its significance in the Philippine Constitution?

The term 'preamble' comes from the Latin word 'preambulare' meaning 'to walk before.' It is the introductory part or prologue of the Constitution. While technically not an integral part that creates enforceable rights, the preamble sets down the origin and purposes of the Constitution and serves as an aid in interpretation by providing the broad outline and spirit behind the fundamental charter.

According to the 1987 Constitution's preamble, who are the authors of the Constitution and what is the source of its authority?

The authors are 'We, the sovereign Filipino people' - emphasizing that the Filipino people themselves (not just their representatives) are the source from which the Constitution comes. The term 'sovereign' stresses that Filipinos ordain and promulgate the Constitution on their own authority as a sovereign people, not by permission from a superior foreign power. This makes the Constitution the supreme law of the land.

What are the national purposes and aims stated in the Preamble?

The Preamble states two main purposes: (1) To build a just and humane society, and (2) To 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.

What type of government does Article II, Section 1 establish for the Philippines?

Article II, Section 1 establishes the Philippines as a democratic and republican State. A democratic government means rule by the people, while republican means a government by representatives chosen by the people. The section also declares that sovereignty resides in the people and all government authority emanates from them, emphasizing popular sovereignty.

What does Article II, Section 2 say about war and international relations?

The Philippines renounces war as an instrument of national policy (meaning aggressive war, not defensive war), adopts generally accepted principles of international law as part of Philippine law, and adheres to a policy of peace, equality, justice, freedom, cooperation, and amity with all nations. This reflects the country's commitment to peaceful international relations.

What principle governs the relationship between civilian and military authority in the Philippines?

Article II, Section 3 establishes that civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is designated as the protector of the people and the State, with the goal of securing state sovereignty and territorial integrity. This principle prevents military coups and ensures democratic governance.

According to Article II, Section 6, what is the relationship between Church and State in the Philippines?

The separation of Church and State shall be inviolable. This means there is a wall of separation between religious institutions and government, preventing the establishment of a state religion and ensuring religious freedom. The state cannot favor any particular religion, and religious institutions cannot directly control government affairs.

What does Article II, Section 12 say about family life and the unborn?

The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. Importantly, it shall equally protect the life of the mother and the life of the unborn from conception. The State also supports parents' natural and primary right and duty in rearing youth for civic efficiency and moral character development.

How does Article II recognize the role of youth and women in nation-building?

Section 13 recognizes the vital role of youth in nation-building and mandates promoting their physical, moral, spiritual, intellectual, and social well-being, while inculcating patriotism and nationalism. Section 14 recognizes women's role in nation-building and ensures fundamental equality before the law between women and men.

What is the fundamental guarantee provided in 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. This establishes two fundamental rights: due process (fair judicial treatment before deprivation of life, liberty, or property) and equal protection (equal treatment under the law regardless of status).

What are the requirements for a valid search warrant or warrant of arrest under Article III, Section 2?

A valid warrant requires: (1) Probable cause to be determined personally by the judge, (2) Examination under oath or affirmation of the complainant and witnesses, and (3) Particular description of the place to be searched and persons or things to be seized. The section protects against unreasonable searches and seizures.

When can the privacy of communication and correspondence be violated according to Article III, Section 3?

Privacy of communication and correspondence is inviolable except: (1) Upon lawful order of the court, or (2) When public safety or order requires otherwise as prescribed by law. Any evidence obtained in violation of this right or unreasonable search and seizure shall be inadmissible for any purpose in any proceeding.

What freedoms are protected under Article III, Section 4?

This section protects: (1) Freedom of speech, (2) Freedom of expression, (3) Freedom of the press, and (4) The right of people to peaceably assemble and petition the government for redress of grievances. No law shall be passed abridging these freedoms, which are essential to democratic participation.

What does Article III, Section 5 guarantee regarding religion?

It guarantees: (1) No law shall be made respecting establishment of religion (Establishment Clause), (2) No law prohibiting free exercise of religion (Free Exercise Clause), and (3) Free exercise and enjoyment of religious profession and worship without discrimination or preference shall forever be allowed. No religious test shall be required for civil or political rights.

What rights are guaranteed to persons under investigation according to Article III, Section 12?

Persons under investigation have the right to: (1) Be informed of their right to remain silent (Miranda rights), (2) Have competent and independent counsel, preferably of their choice, (3) Be provided counsel if they cannot afford one. These rights cannot be waived except in writing and in the presence of counsel. No torture, force, or intimidation may be used.

What is bail and what does Article III, Section 13 provide about it?

Bail is security given for the release of a person in custody to ensure their appearance in court. All persons are bailable before conviction except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong. The right to bail shall not be impaired even when habeas corpus is suspended. Excessive bail is prohibited.

What rights does an accused person have during criminal prosecution under Article III, Section 14?

The accused shall: (1) Be presumed innocent until proven guilty, (2) Have the right to be heard by himself and counsel, (3) Be informed of the nature and cause of accusation, (4) Have a speedy, impartial, and public trial, (5) Meet witnesses face to face, and (6) Have compulsory process to secure witnesses and evidence. Trial may proceed in their absence if duly notified and failure to appear is unjustifiable.

When can the privilege of the writ of habeas corpus be suspended?

According to Article III, Section 15, the privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when public safety requires it. The writ is a protection against unlawful detention, ordering authorities to produce the detained person and justify the detention.

What protection does Article III, Section 17 provide regarding self-incrimination?

No person shall be compelled to be a witness against himself. This protects against forced confessions and testimonies. It applies not only in criminal cases but also in administrative and other proceedings where the testimony might tend to incriminate the person giving it.

What does Article III, Section 21 prohibit regarding double jeopardy?

No person shall be twice put in jeopardy of punishment for the same offense. This means a person cannot be prosecuted twice for the same crime after acquittal, conviction, or dismissal of the case. Double jeopardy exists when: (1) a valid complaint or information, (2) before a competent court, (3) the defendant has pleaded to the charge, and (4) the defendant has been acquitted or convicted, or the case dismissed without his consent.

What are ex post facto laws and bills of attainder as prohibited by Article III, Section 22?

Ex post facto laws are laws that: (1) make an act criminal that was innocent when done, (2) aggravate a crime or make it greater than when committed, (3) change punishment and inflict greater punishment, or (4) alter rules of evidence to convict. Bills of attainder are legislative acts that inflict punishment without judicial trial. Both are prohibited to prevent legislative abuse and ensure fair legal proceedings.

Compare the concepts of 'common good' versus 'general welfare' as used in the Constitution.

The 1987 Constitution uses 'common good' instead of 'general welfare' (used in previous constitutions) because 'common good' is more inclusive and refers to all people. 'General welfare' could be interpreted to refer only to the welfare of the greater majority, potentially prejudicing minorities. 'Common good' emphasizes benefits for the entire population without exclusion.

What is the archipelagic doctrine as reflected in Article I on National Territory?

The archipelagic doctrine views the body of water studded with islands, or islands surrounded by water, as a unity - islands and waters together forming one unit. The waters around, between, and connecting the islands, regardless of breadth and dimensions, form part of the internal waters of the Philippines. This doctrine protects territorial integrity of the island nation.

What is the difference between natural rights, constitutional rights, and statutory rights?

Natural rights are possessed by every citizen without being granted by the State - they are conferred by God (e.g., right to life, love). Constitutional rights are conferred and protected by the Constitution and cannot be modified by the legislature (e.g., due process, equal protection). Statutory rights are provided by laws and may be abolished by the same legislative body that created them (e.g., minimum wage rights).

How does Article II, Section 26 address political dynasties and equal access to public service?

The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law. This provision aims to democratize public service by preventing the concentration of political power in families and ensuring that all qualified citizens have fair opportunities to serve in government positions.