Philippine Constitution — Preamble, Declaration of Principles & Bill of Rights - Cheat Sheet
Your last-minute revision companion for mastering the fundamental law of the Philippines — essential for CSE and all major Philippine exams.
The Preamble
Important facts
- Preamble has 75 words — one of the world's longest
- Forms no integral part of Constitution — cannot be invoked as source of enforceable rights
- Serves as aid in constitutional interpretation
- Shows who authored the Constitution and its purposes
- Philippines is only predominantly Christian nation in Asia-Pacific
Key definitions
Preamble
Example
We, the sovereign Filipino people, imploring the aid of Almighty God...
Introductory part derived from Latin 'preambulare' meaning 'to walk before' — the prologue of the Constitution
Sovereign Filipino People
Example
Constitution begins and ends with this phrase to show people's authority
Source of all government authority; distinct from 'people of the Philippines' which includes aliens
National Territory (Article I)
Common values
Value
12 nautical miles
Symbol
19 km
Quantity
Territorial Sea
Important facts
- National territory includes terrestrial, fluvial, and aerial domains
- Includes territorial sea, seabed, subsoil, insular shelves
- High seas are NOT part of national territory — they are res communes
- Baseline determines maritime boundaries
Key definitions
Archipelagic Doctrine
Example
Waters between Philippine islands are internal waters regardless of breadth
Islands and waters viewed as unity forming one territorial unit
Territorial Sea
Example
Foreign vessels have right of innocent passage
12 nautical miles from low-water mark where Philippines exercises sovereignty
Internal Waters
Example
Manila Bay, Laguna Lake
Waters around, between, and connecting Philippine islands — part of national territory
Diagrams to know
- Map showing territorial waters and exclusive economic zones
- Archipelagic baselines diagram
Declaration of Principles (Article II, Sec 1-6)
Important facts
- Civilian authority is ALWAYS supreme over military
- Prime duty of government: serve and protect the people
- Separation of Church and State is INVIOLABLE
- Armed Forces protects people and State
- Citizens may be required to render military/civil service
Key definitions
Democratic and Republican State
Example
Senators and Representatives elected by voters
Government by representatives chosen by the people at large
Sovereignty
Example
All government authority emanates from the people
Supreme authority to govern — resides in the people
Renunciation of War
Example
Defensive war is still allowed for national defense
Philippines renounces AGGRESSIVE war as instrument of national policy
State Policies (Article II, Sec 7-28)
Important facts
- State values human dignity and guarantees human rights
- Family is basic autonomous social institution
- Life of unborn protected FROM CONCEPTION
- Youth vital role in nation-building
- Women's fundamental equality before the law
- Labor is primary social economic force
- Self-reliant economy controlled by Filipinos
- Political dynasties prohibited
- Full public disclosure of government transactions
Key definitions
Social Justice
Example
Progressive taxation, labor protection, agrarian reform
Promotion of welfare of all people with special concern for underprivileged
Independent Foreign Policy
Example
Nuclear-free policy consistent with national interest
Paramount considerations: national sovereignty, territorial integrity, national interest
Bill of Rights — Fundamental Rights (Article III, Sec 1-11)
Important facts
- Search warrants must particularly describe place and things to be seized
- Privacy of communication inviolable except upon lawful court order
- No law abridging freedom of speech, press, assembly
- No religious test for civil/political rights
- Right to information on matters of public concern
- Right to form unions, associations for lawful purposes
- Private property requires just compensation for public use
Key definitions
Due Process
Example
Right to fair trial, present evidence, cross-examine witnesses
Fair judicial treatment — no deprivation of life, liberty, property without opportunity to defend
Equal Protection
Example
Similar situations must be treated similarly by law
Equal treatment under the law — no unreasonable discrimination
Probable Cause
Example
Required for valid search warrant or warrant of arrest
Reasonable grounds supported by evidence that crime committed or property connected to crime
Bill of Rights — Rights of Accused (Article III, Sec 12-22)
Important facts
- All persons bailable except those charged with reclusion perpetua when evidence strong
- Presumption of innocence in criminal cases
- Right to speedy, impartial, public trial
- Right against self-incrimination
- No detention solely for political beliefs
- No excessive fines or cruel punishment
- No imprisonment for debt or poll tax
- No ex post facto law or bill of attainder
Key definitions
Miranda Rights
Example
Must be informed before custodial investigation begins
Right to remain silent, right to competent counsel during investigation
Habeas Corpus
Example
Can be suspended only in invasion or rebellion
Writ requiring production of detained person to determine lawfulness of detention
Double Jeopardy
Example
Once acquitted, cannot be retried for same crime
No person tried twice for same offense
Diagrams to know
- Miranda rights flowchart
- Criminal procedure timeline
Must remember
- Preamble: 'We, the sovereign Filipino people...' — source of constitutional authority
- Article I: Archipelagic doctrine — waters between islands are internal waters
- Article II, Sec 1: Philippines is democratic and republican; sovereignty resides in people
- Article II, Sec 2: Renounces AGGRESSIVE war (not defensive war)
- Article II, Sec 3: Civilian authority ALWAYS supreme over military
- Article III, Sec 1: Due process and equal protection — no deprivation without fair procedure
- Article III, Sec 2: Probable cause required for search warrants and arrest warrants
- Article III, Sec 12: Miranda rights — right to counsel and remain silent during investigation
- Article III, Sec 15: Habeas corpus can be suspended only in invasion or rebellion
- Bill of Rights protects individuals against government abuse — charter of liberties
Last minute tips
- Memorize exact Article and Section numbers — frequently asked in exams
- Distinguish aggressive war (renounced) from defensive war (allowed)
- Remember: Preamble cannot be source of enforceable rights but aids interpretation
- Focus on EXCEPTIONS to rights — when can they be limited or suspended
- Know the difference between internal waters and territorial sea for territory questions
Comparison tables
Natural Rights vs Constitutional Rights vs Statutory Rights
| Type | Source | Can be Modified | Examples |
|---|---|---|---|
| Natural Rights | God/Nature | No | Life, liberty, love |
| Constitutional Rights | Constitution | Only by amendment | Due process, suffrage |
| Statutory Rights | Laws | Yes, by legislation | Minimum wage, adoption |
Types of Constitutional Rights
| Type | Purpose | Examples |
|---|---|---|
| Political Rights | Participate in government | Suffrage, right to information |
| Civil Rights | Individual protection | Due process, free speech |
| Social-Economic Rights | Welfare and security | Right to property, education |
| Rights of Accused | Criminal protection | Bail, presumption of innocence |
Diagrams
Philippine Constitution Structure Overview
Complete overview showing the relationship between the Preamble, territorial provisions, fundamental principles, and individual rights in the 1987 Constitution
Rights Classification System
Flowchart showing how constitutional rights are classified into four main categories with specific examples under each type
Due Process in Criminal Cases
Step-by-step process showing how due process protections apply from investigation through trial in criminal cases