Philippine Constitution — Preamble, Declaration of Principles & Bill of Rights - Revision Notes
The 1987 Philippine Constitution serves as the fundamental law of the land, establishing the framework of our government and protecting the rights of Filipino citizens. This chapter covers three crucial sections: the Preamble (which outlines the nation's aspirations), Article II (Declaration of Principles and State Policies), and Article III (Bill of Rights). Understanding these foundations is essential for CSE Professional examinations as they form the basis of Philippine governance and civil liberties.
The Preamble
Exam tips
- Remember the key changes from previous constitutions, especially 'Almighty God' and added values
- Focus on the national purposes listed in the Preamble - these often appear in multiple choice questions
- Understand that the Preamble serves as interpretive guide, not source of enforceable rights
Key points
- The Preamble is derived from Latin 'preambulare' meaning 'to walk before' - it serves as the introduction to the Constitution
- Authority source: 'We, the sovereign Filipino people' - establishes that sovereignty resides in the people
- Invocation: 'imploring the aid of Almighty God' - acknowledges the Filipino people's belief in divine guidance
- National purposes: build a just and humane society, promote common good, conserve patrimony, secure blessings of independence and democracy
- Core values emphasized: truth, justice, freedom, love, equality, and peace
- The Preamble is NOT legally enforceable but serves as interpretive guide for constitutional provisions
- Changes from previous constitutions: 'Almighty God' replaced 'Divine Providence', added 'aspirations', 'truth', and 'love'
Definitions
Preamble
The introductory part of the Constitution that states the source of authority, purposes, and basic principles underlying the fundamental charter
Importance
Provides guidance for constitutional interpretation and expresses the collective will of the Filipino people
Sovereignty
The supreme authority to govern; in the Philippines, this resides in the people
Importance
Establishes that all government power comes from the people, making them the ultimate source of political authority
Common Good
The benefit and welfare of all people in society, not just the majority
Importance
Ensures government policies serve everyone, preventing majority tyranny over minorities
Common mistakes
- Thinking the Preamble can be used as basis for legal rights - it cannot be invoked in court
- Confusing 'Filipino people' with 'people of the Philippines' - the former refers to citizens, latter includes aliens
- Memorizing word-for-word without understanding the meaning and significance of key phrases
Article I - National Territory
Formulas
Territorial Sea = 12 nautical miles from baseline
Example
If baseline is at Palawan's coast, territorial sea extends 12 nautical miles (22.2 km) seaward
Variables
1 nautical mile = 1.85 kilometers
Application
Determining Philippine maritime jurisdiction
Exam tips
- Remember the 12 nautical mile limit for territorial sea - frequently tested
- Understand the difference between sovereignty (internal waters, territorial sea) and jurisdiction (EEZ)
- Know the components: terrestrial, fluvial, aerial domains plus seabed, subsoil, insular shelves
Key points
- Archipelagic Doctrine: Philippine archipelago viewed as unity of islands and waters
- Components: terrestrial (land), fluvial (waters), and aerial (airspace) domains
- Territorial sea extends 12 nautical miles from low-watermark
- Internal waters: waters around, between, and connecting islands regardless of breadth and dimensions
- Includes: seabed, subsoil, insular shelves, and submarine areas
- Three-fold division of waters: inland/internal waters, territorial sea, high/open seas
- Philippines exercises sovereignty over internal waters and territorial sea
- Baseline: line from which territorial sea and maritime boundaries are measured
Definitions
Archipelagic Doctrine
Legal principle treating the Philippine archipelago as a single unit of islands surrounded by waters
Importance
Protects territorial integrity and establishes maritime boundaries under international law
Territorial Sea
Belt of water extending 12 nautical miles from the baseline, over which the Philippines exercises sovereignty
Importance
Defines the limit of Philippine sovereign control over surrounding waters
Internal Waters
Waters within the baseline, including waters around, between, and connecting Philippine islands
Importance
These waters are treated as part of Philippine territory with full sovereign control
Common mistakes
- Confusing territorial sea (12 nautical miles) with exclusive economic zone (200 nautical miles)
- Thinking high seas are part of Philippine territory - they are international waters
- Not understanding that internal waters have different legal status than territorial sea
Article II - Declaration of Principles and State Policies
Exam tips
- Memorize the six fundamental principles (Sections 1-6) - frequently tested
- Understand that renunciation applies only to aggressive war, not defensive war
- Know the difference between principles (binding) and policies (directive)
Key points
- Divided into Principles (Sections 1-6) and State Policies (Sections 7-28)
- Section 1: Democratic and republican state; sovereignty resides in the people
- Section 2: Renunciation of aggressive war; adherence to international law
- Section 3: Civilian supremacy over military; AFP as protector of people and state
- Section 4: Prime duty of government is to serve and protect the people
- Section 5: Maintenance of peace and order essential for democracy
- Section 6: Separation of church and state shall be inviolable
- Key policies: independent foreign policy, social justice, human rights, family protection
- Promotion of: comprehensive rural development, agrarian reform, environmental protection
Definitions
Republican Government
A democratic government by representatives chosen by the people at large
Importance
Ensures government accountability and representation of popular will
Civilian Supremacy
The principle that civilian authority is supreme over military power at all times
Importance
Prevents military coups and ensures democratic governance
Separation of Church and State
Government cannot favor any religion or interfere in religious affairs; religions cannot control government
Importance
Protects religious freedom and prevents theocracy
Social Justice
Fair distribution of wealth, opportunities, and privileges within a society
Importance
Ensures equitable development and protection of marginalized sectors
Common mistakes
- Thinking war is completely renounced - only aggressive war is renounced, defensive war is allowed
- Confusing principles (fundamental) with policies (implementation guidelines)
- Not understanding that these provisions guide interpretation but are not self-executing
Article III - Bill of Rights
Exam tips
- Know the warrant requirements: probable cause, personal determination by judge, particular description
- Understand when searches can be made without warrant (6 exceptions)
- Remember that confessions obtained through torture are inadmissible in evidence
Key points
- Charter of liberties protecting individual rights against government abuse
- Section 1: Due process and equal protection - foundation of all rights
- Section 2: Protection against unreasonable searches and seizures; warrant requirements
- Section 3: Privacy of communication and correspondence
- Section 4: Freedom of speech, expression, press, assembly, and petition
- Section 5: Religious freedom and prohibition of religious establishment
- Sections 11-22: Rights of the accused in criminal proceedings
- Rights are not absolute - subject to reasonable regulation for public welfare
- Exclusionary rule: illegally obtained evidence is inadmissible in court
Definitions
Due Process of Law
Fair judicial treatment guaranteeing no person shall be deprived of life, liberty, or property without proper legal procedures
Importance
Fundamental protection ensuring fair treatment in all government proceedings
Equal Protection
Similar persons in similar circumstances shall be treated equally by the law
Importance
Prevents discrimination and ensures fair application of laws
Probable Cause
Reasonable grounds supported by evidence to believe that a crime has been committed
Importance
Constitutional requirement for issuing search warrants and arrest warrants
Habeas Corpus
Legal remedy requiring authorities to bring a detained person before court to determine lawfulness of detention
Importance
Protects against illegal detention and arbitrary imprisonment
Common mistakes
- Thinking rights are absolute - they can be regulated for compelling state interests
- Confusing warrant requirements - both search and arrest warrants need probable cause
- Not understanding that some rights can be suspended during martial law or states of emergency
Classifications of Constitutional Rights
Exam tips
- Remember the hierarchy of rights: Natural (highest) → Constitutional → Statutory (lowest)
- Know examples of each type of right for identification questions
- Understand that constitutional rights require constitutional amendment to modify
Key points
- Natural Rights: God-given rights (life, liberty, property, love)
- Constitutional Rights: Protected by the Constitution, cannot be modified by legislature
- Political Rights: Participation in government (suffrage, citizenship)
- Civil Rights: Individual liberties enforced by law (due process, speech, religion)
- Social and Economic Rights: Welfare and security (education, health, labor)
- Rights of the Accused: Criminal procedure protections
- Statutory Rights: Created by law, can be modified or abolished by legislature
Definitions
Natural Rights
Rights inherent to human beings, existing independently of government recognition
Importance
Foundation of all other rights; cannot be taken away by government
Constitutional Rights
Rights explicitly guaranteed by the Constitution and protected from legislative modification
Importance
Provide supreme protection against government overreach
Political Rights
Rights that enable participation in democratic governance and political processes
Importance
Essential for democratic participation and representation
Common mistakes
- Confusing natural rights with constitutional rights - natural rights exist even without constitution
- Thinking all rights are constitutional - some are only statutory and can be changed by law
- Not understanding the hierarchy: natural > constitutional > statutory rights
Connections
- The Preamble's emphasis on 'just and humane society' connects to Article II's social justice policies and Article III's protection of individual rights
- National Territory provisions relate to Article II's foreign policy principles and sovereignty concepts
- Declaration of Principles provides the philosophical foundation for the specific rights enumerated in the Bill of Rights
- The separation of church and state principle in Article II is implemented through religious freedom provisions in Article III
- Due process and equal protection in Article III operationalize the democratic and republican principles declared in Article II
Quick review questions
What is the source of the Constitution's authority according to the Preamble?
Answer
The sovereign Filipino people
The Constitution begins with 'We, the sovereign Filipino people' establishing that all government authority emanates from the people, not from foreign powers or rulers.
What type of war does the Philippines renounce in Article II, Section 2?
Answer
Aggressive war
The Philippines renounces only aggressive war as an instrument of national policy. Defensive wars to protect the country are still allowed under international law.
What are the requirements for a valid search warrant?
Answer
Probable cause, personal determination by judge, particular description of place and things to be seized
Article III, Section 2 requires these three elements to protect against unreasonable searches and seizures while allowing legitimate law enforcement.
How far does the Philippine territorial sea extend?
Answer
12 nautical miles from the baseline
This is the internationally recognized limit where the Philippines exercises sovereignty over waters, as opposed to the 200 nautical mile exclusive economic zone.
What is the fundamental principle regarding civilian authority and military power?
Answer
Civilian authority is at all times supreme over the military
Article II, Section 3 establishes this principle to prevent military coups and ensure democratic governance remains in civilian hands.
Diagrams
Philippine Constitution - Core Concepts Overview
Comprehensive overview showing the relationship between the Constitution's foundational sections and their key components
Search Warrant Requirements Process
Step-by-step process showing how search warrants are obtained according to constitutional requirements, highlighting the protection against unreasonable searches and seizures
Evolution of Philippine Constitution
Historical progression of Philippine constitutions showing the evolution toward stronger democratic protections and human rights guarantees
Classification of Rights Hierarchy
Hierarchy showing the different levels of rights protection, from natural rights that cannot be taken away to statutory rights that can be modified by law
Exam strategy
Focus on memorizing key constitutional provisions verbatim, especially the Preamble's main phrases, the six fundamental principles in Article II (Sections 1-6), and the warrant requirements in Article III. Practice identifying which article and section specific rights come from. Understand the practical applications of constitutional principles through Supreme Court cases. For essay questions, always cite specific constitutional provisions and explain their significance to Philippine democracy and governance.