Civil Service Exam (Professional) General Information — Philippine Constitution — Preamble, Declaration of Principles & Bill of RightsRevision Notes

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

Section Title

The Preamble

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

Formulas

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

Section Title

Article I - National Territory

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

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

Section Title

Article II - Declaration of Principles and State Policies

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

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

Section Title

Article III - Bill of Rights

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

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

Section Title

Classifications of Constitutional Rights

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