CHAPTER 6 CONSTITUTIONAL HISTORY OF HUMAN RIGHTS LAW IN THE

PHILIPPINES

Constitutions of the Philippines:

1) 1897 Biac-na-bato Constitution
2) 1899 Malolos Constitution
3) 1935 Republican Constitution
4) 1943 Japanese-Sponsored Constitution
5) 1973 Martial Law Constitution
6) 1986 Freedom Constitution
7) 1987 Human Rights Constitution

I. 1897 Biac-na-bato Constitution

 Promulgated on Nov 1, 1987 – provisionary constitution of the Philippine Republic
during the revolutionary government of Emilio Aguinaldo.
 It declared the objectives of the Revolution as the separation of the Philippines from
Spain and the establishment of an independent state.
 Negotiations are happening between the dying Spanish Government and Emilio
Aguinaldo for the peaceful surrender of the latter’s group.

Q: what is the purpose of the formation of the Biac-na –bato Republic and the
promulgation of the constitution?
A: establishment of a centralized government under an independent state by the Constitution.

Q: what is the most important thing that occurred in this revolution?

A: due recognition given to the natural rights of the people.

Rights under this Constitution:

 Religious liberty  No person shall be imprisoned
 Right of association or held EXCEPT by virtue of an
 Freedom of education order of a competent court.
 Freedom of the press (PROVIDED that this shall not
 Freedom to exercise all classes apply to crimes which concern
of professions, arts, trades and the Revolution, government or
industries. the army)
 Right to direct petitions or  No one shall be deprive of his
remonstrance to the Council of property or domicile.
Government of the Republic.  Right to vote

 Secretary of the Interior – was charged with the “preservation of the liberties of
individual rights established by this Constitution”.

II. 1899 Malolos Constitution

 Establishment of a revolutionary government in Barasoain Church, Malolos, Bulacan.
 September 15, 1898 – a revolutionary congress was convened by Emilio Aguinaldo in
accordance with the decrees of June 18 and 23, 1898 for the purpose of drawing up a
constitution for the new republic.
 Promulgated at Malolos, Bulacan on January 21, 1989.
 Modeled on the constitutions of France, Belgium, and Latin American countries.
  Provisions spoke of the civil and political rights of all Filipinos.

Represented by the delegates (college graduates/ considered elite in their respective provinces):
o 43 lawyers o 4 agriculturists
o 18 physicians o 3 educators
o 5 pharmacists o 3 soldiers
o 2 engineers o 2 painters
o 7 businessmen o 1 priest

Rights granted by constitution:

 Right in the full enjoyment of his civil and political rights
 Right of expressing freely his ideas and opinion
 Right of the press
 Right of association
 Right to send petitions to authorities (individually or collectively)

Q: difference between 1987 Biac-na-bato consti and 1898 Malolos Consti?

A: the former was copied in toto from the Cuban Constitution and the latter was framed by Filipinos.

Historical background:
“centuries of Spanish rule over the Philippines, and later against the assumption of sovereignty by the
United States, and the gradually increasing sense of nationality which, nourished in the blood of
martyrdom, grew into a common and ardent desire for independence.”

“The fruits of this historical struggle of the early Filipinos are the foregoing rights for the whole
Filipinos.”

III. 1935 Republican Constitution

 Philippine Bill of 1902 – ushered the dawn for the establishment of a civil government in
the Philippines after the 3-year military government had been dismantled by the US
following the tenure of the 1st and 2nd Philippine commission.
 Philippine Bill of 1902
- Known as the Cooper Act (sponsor  Henry A. Cooper)
- The first organic law enacted for the Philippines by the US Congress.
 1st Philippine Commission
- Known as the Schurman Commission
- made a fact-finding survey of the Philippines and submitted appropriate
recommendations to the US Congress.
 2nd Philippine Commission
- Taft Commission
- Took over all the legislative powers and some of the executive and judicial powers of
the military governor.
 July 4, 1901 – a civil government was established.

A Law entitled “An Act Temporarily to Provide for the Administration of the Affairs of Civil
Government in the Philippine Islands, and for Other Purposes,”:
 Contains important provision that strengthen both civil and human rights of Filipinos.
 Provided for the Bill of Rights that protects Filipinos rights:
  To live;
 To acquire property;
 To practice religion
 To be accorded due process;
 To exercise their obligations
 To enjoy compensation due to them;
 Freedom of expression.
 Created the Philippine Assembly in 1907 – served as the Philippine legislature until its
dissolution in 1916.
 1916 – Philippine Autonomy Act was promulgated mandating the creation of a
bicameral legislature (Senate and House of Representatives).
- Known as the Jones Law
- Replaced by Tydings-Mcduffie Act

Tydings-Mcduffie Act
 Authorized the establishment of the Commonwealth Government of the Philippines.
 approved on March 24th, 1934
 provided for the independence of the Philippines from the United States by 1946
 It set up drafting and guidelines of a constitution for a 10-year transitional period
(Commonwealth of the Philippines) before granting independence in 1946. During this
time period, the US would keep military forces in the Philippines, the US president was
granted power to call into military service all military forces of Philippine government,
and it permitted the maintenance of US naval bases within the region until 1947.
 Also, embodied in this act was the reclassification of all Filipinos as aliens for the
purpose of immigration to the United States, with a quota of fifty immigrants per year

Rights guaranteed by the 1935 Constitution:

 Right to life, liberty, or property
 Right to equal protection of the laws
 His private property shall not be taken
for public use without just compensation
 Right to liberty: right to exist and right
to be free from arbitrary personal
restraint or servitude
 Right to be secure in their persons,
houses, papers
 Rights against unreasonable searches
and seizures
 Right of locomotion
 Right to privacy of communication and
correspondence
 Right to form associations
 Right to contract
 Right to bail
 Right to profess one’s religion
 Right to due process in criminal cases
 Right to free access to the courts
 Freedom of speech and of press
 Right to peaceably assemble
 Right to petition the government for
redress and grievances
 Prohibits suspending the privilege of the
writ of habeas corpus
 Restrained the imprisonment of any
person for debt or non-payment of poll-
tax
 involuntary servitude in any form shall
not be allowed to exist except as a
punishment for crime whereof the party
shall have been duly convicted.
Miranda Rights:
 Accused in criminal prosecutions shall
be presumed innocent until proven
guilty, 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
 Rights to a speedy and public trial
 To meet the witnesses face to face
 No person shall be a witness against
himself
  Excessive fines shall not be imposed,  He shall not be put twice in jeopardy of
nor cruel and unusual punishment punishment for the same offense.
inflicted upon him

IV. 1943 Japanese-Sponsored Constitution

 Japanese-sponsored constitution during the 2nd World War.
 Composed of a preamble and 12 articles
 created a Republican state with a powerful executive branch and subordinate legislative
and judicial branches.
 Recognized as legitimate and binding only in Japanese-controlled areas of the
Philippines but was ignored by the US government and the Philippine Commonwealth
government in-exile.
 President (Jose P. Laurel)
- Vested with executive power
- Elected by the members of the National Assembly
- Head of the government and commander-in-chief of the Armed Forces
 National Assembly
- Exercises limited legislative power
- Not directly elected by the people
- Composed of representatives from each province elected in Kalibapi conventions
with appointed governors and mayors as ex-officio members.
 Supreme Court
- Exercised judicial powers
- Together with judges of LCs, are to be appointed by the President.

Article 7 of 1943 Constitution  enumerates duties, obligs, and rights of every citizen of the
Philippines.

Section 1: declares the obligation of the citizen

 Includes rendition of personal military and civil service
 Payment of taxes and charges
 Engagement in useful calling, occupation or profession.

Section 2 to 11: provides for the protection of the basic rights of the people:
 Freedom of religion
 protection from involuntary servitude and privilege of the writ of habeas corpus
 NOTE: exercise of these is not absolute. Can be circumscribed by law in the interest of
peace, morals, health, safety, or public security…
Section 11:
 Right to be secure against unreasonable  Right to petition the government for
searches and seizures redress of grievances.
 Rights to privacy of communication and
correspondence
 Right to form associations
 Freedom of religion
 Liberty to abode and of changing the
same within limits prescribed by law
 Freedom of speech, press
 Right to peaceful assemble
 V. 1973 Martial Law Constitution
 Pursuant to 1935 Constitution, Congress called a Constitutional Convention.
 Delegates to the convention were elected on Nov 20, 1970 and the 1971 Constitutional
Convention began on June 1, 1971.
 Nov 29, 1972 – convention approved the proposed constitution of the Rep. of the
Philippines (despite declaration of ML) President set the date of the plebiscite the
following year.
 Jan 17, 1973 – the Citizens Assemblies approved the proposed constitution and as a
result therefrom, the President then announced that the same had been ratified.

Bill of Rights of 1973 Constitution

 Copied from the 1935 Constitution with minor changes
 Guaranteed the people’s:
 Right to life, liberty, property, and equal protection of laws;
 That private property shall not be taken without just compensation
 Right to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures;
 Right to privacy of communication
 Right to liberty of abode and of travel
 Right of the people to information on matters of public concern,
 Right to form associations or societies

Bill of rights:
“a person shall not be held to answer for a criminal offense without due process of law. 1 He is granted the
right to bail but excessive bail shall not be required. 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.

However, he shall not be compelled to be a witness against himself. And any person under investigation
for the commission of an offense shall have the right to remain silent and to counsel, and to be informed
of such right. No force, violence, threat, intimidation, or any other means which vitiates the free will shall
be used against him3. Excessive fines shall not be imposed nor cruel or unusual punishment inflicted upon
him.4 He shall not be twice put in jeopardy of punishment for the same offense. 5 He shall have free access
to the courts and this right shall not be denied to him by reason of poverty.”

VI. 1986 Freedom Constitution

 November 1985 – Former Pres. Marcos was forced to call a presidential election as his
regime became unpopular to the people. He was challenged by Corazon Aquino, widow
of Benigno Aquino.
 Feb 8, 1986 – elections were held.
1
Section 17, supra.
2
Section 18, supra.
3
Section 20, supra.
4
Section 21, supra.
5
Section 22, supra.
  A few days after, Marcos was proclaimed President and was sworn into office in
Malacañang Palace.
 However, on the night of the same day, former President Marcos, accompanied by his
family and some of his loyal government functionaries, went into exile in Honolulu,
Hawaii.
 On the same day, at Club Filipino in San Juan, Metro Manila, Senior Associate Justice
of the SC Claudio Teehankee sworn Corazon Aquino into the Office of the President.
 She then issue Proclamation #3  “Declaring a National Policy to Implement
Reforms Mandated by the People Protecting their Basic Rights, Adopting a
Provisional Constitution, and Providing for an Orderly Transition to a Government
Under A New Constitution.”

Proclamation #3:
 Promulgated a Provisional Constitution which adopted certain provisions of the 1973
Constitution.
 Adopted the provisions of:
 Art. 1 (National Territory)
 Art. 3 (Citizenship)
 Art. 4 (Bill of Rights)
 Art. 5 (Duties and Obligations of Citizens)
 Art. 6 (Suffrage)
 During the period of transition to a New Constitution it must be guaranteed that the
government will respect basic human rights and fundamental freedoms.

WHEREAS, the direct mandate of the people … demands the complete reorganization of the
government, restoration of democracy, protection of basic rights, rebuilding of confidence in the entire
government system, eradication of graft and corruption, restoration of peace and order, maintenance of
the supremacy of civilian authority over the military, and the transition to government under a New
Constitution in the shortest time possible;

VII. 1987 Human Rights Constitution

 Child of the 1986 Freedom Constitution
 Approved on Feb 2, 1987.
 Often referred to as a “human rights constitution”
 Its provisions aims on safeguarding human rights.
 Bill of rights  where all the natural and human rights of the people are delineated.

Q: what makes the 1987 Constitution different from the preceding ones?
A: it had shown its firm commitment to the “Promotion and protection of human rights”.

Q: what is the principal purpose of ordaining and promulgating the constitution?

A: to build a just and humane society” under “a regime of truth, justice, freedom, love, equality, and
peace.”

Q: what are some provisions which are present in this constitution but absent in the 1935 and 1973?
A: Preamble, Declaration of Principles and State Policies, Social Justice and Human Rights.

 Human rights calls for safeguarding of life, liberty, and property which is essential for
the enjoyment by all the people of the blessings of democracy.
  The paramount consideration shall be national sovereignty, territorial integrity, national
interest, and the right to self-determination.

Q: what is the most vital policy of the State concerning how the Government treats the human
rights of its citizen?
A: valuing the dignity of every human person and guaranteeing full respect for human rights.

Q: what does the social justice and human rights provisions in Art. 13 of the 1987 Constitution deal
with?
A: rights of laborers, farmers, uraban poor, persons with disability, women, people’s organizations, right
to health, right to education, creation of the Commission on Human Rights.

PREAMBLE

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a
just and humane society, and 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, do ordain
and promulgate this Constitution.

BILL OF RIGHTS6

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 to be determined personally by the judge after examination under
oath or affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be seized.

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.

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.

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
6
Article III, 1987 Philippine Constitution.
worship, without discrimination or preference, shall forever be allowed. No religious test
shall be required for the exercise of civil or political rights.

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, shall be afforded the citizen, subject to such limitations as may be
provided by law.

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. Private property shall not be taken for public use without just compensation.

Section 10. No law impairing the obligation of contracts shall be passed.

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. (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. If the person cannot afford the services
of counsel, he must be provided with one. These rights cannot be waived except in
writing and in the presence of counsel.
(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.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall
be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as
well as compensation to the rehabilitation of victims of torture or similar practices, and
their families.

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. Excessive bail shall not be required.
 Section 14. (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. However, after
arraignment, trial may proceed notwithstanding the absence of the accused: Provided,
that he has been duly notified and his failure to appear is unjustifiable.

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. 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.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted.

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.
(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.

“Court of Conscience” – Mahatma Gandhi

- The highest court (higher than the SC)
- Supersedes all other courts