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Comparison of Philippine Constitutions

The document compares and contrasts key aspects of three Philippine constitutions: 1) The Biak-na-Bato Constitution of 1897 specified basic human rights like freedom of religion and established a Supreme Council as the highest governing body. It centered on separating church and state. 2) The Malolos Constitution of 1899 created the first Filipino republic and enumerated national/individual rights of Filipinos and foreigners. It established democratic government with three branches. 3) The 1935 Constitution established a unitary presidential constitutional republic. It was ratified by U.S. President Roosevelt and featured a political system similar to the U.S. It contained a bill of rights section protecting life, liberty, property, and equal

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0% found this document useful (0 votes)
92 views8 pages

Comparison of Philippine Constitutions

The document compares and contrasts key aspects of three Philippine constitutions: 1) The Biak-na-Bato Constitution of 1897 specified basic human rights like freedom of religion and established a Supreme Council as the highest governing body. It centered on separating church and state. 2) The Malolos Constitution of 1899 created the first Filipino republic and enumerated national/individual rights of Filipinos and foreigners. It established democratic government with three branches. 3) The 1935 Constitution established a unitary presidential constitutional republic. It was ratified by U.S. President Roosevelt and featured a political system similar to the U.S. It contained a bill of rights section protecting life, liberty, property, and equal

Uploaded by

ryne caday
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Philippine Constitution

Complete the table below to compare and contrast the constitutions framed in the country

Form of Ratifying/ Rights specified in Bill of Rights Distinctive features


government promulgating body
Biak - na – Basic human rights, such as freedom of Provided for the
Bato Revolutionary Written by Felix religion, freedom of the press, and the right establishment of a Supreme
Ferrer to education.  council that would serve as
Constitutio Republic the highest governing body
n And Isabelo of the Republic.
Artacho Majority of the arguments
centered on the provision
stipulating the separation of
Church and State and the
provision contradicting it.
Malolos A democratic, The Filipinos and their national and The Malolos constitution
Republic republication individual rights. is the first important
Article 7. No Filipino or foreigner shall be Filipino document ever
Constitutio government. Promulgated by detained nor imprisoned except for the
n President Emilio produced by the people's
commission of a crime and in accordance
Aguinaldo with law.
representatives. It is
Article 8. All persons detained shall be anchored in democratic
discharged or delivered to the judicial traditions that ultimately
authority within 24 hours following the act had their roots in
of detention. American soil. It created a
Article 9. No Filipino shall be imprisoned Filipino state whose
except by virtue of an order by a competent government was "popular,
court. representative and
Article 10. No one shall enter the dwelling responsible" with three
house of any Filipino or a foreigner residing
in the Philippines without his consent
distinct branches, the
except in urgent cases of fire, inundation, executive, the legislative
earthquake or similar dangers, or by and the judicial. The
reason of unlawful aggression from within, constitution specifically
or in order to assist a person therein who provided for safeguards
cries for help against abuses, and
Article 11. No Filipino shall be compelled enumerated the national
to change his residence or domicile except and individual rights not
by virtue of a final judgment. only of the Filipinos and of
Article 12. In no case may correspondence
confided to the post office be detained or
the aliens.
opened by government authorities, nor any
telegraphic or telephonic message
detained. Article
13. All orders of imprisonment, of search of
a dwelling house, or detention of written
correspondence, telegraph or telephone,
must be justified.
Article 14. No Filipino shall be prosecuted
or sentenced, except by a judge or court of
proper jurisdiction and according to the
procedure prescribed by law.
Article 15. Except in the cases provided by
the Constitution, all persons detained or
imprisoned not in accordance with legal
formalities shall be released upon his own
petition or upon petition of another person. 
Article 16. No one shall be temporarily or
permanently deprived of rights or disturbed
in his enjoyment thereof, except by virtue of
judicial sentence. 
Article 17. No one shall be deprived of his
property by expropriation except on
grounds of public necessity and benefit,
previously declared and justified by proper
authorities, and indemnifying the owner
thereof prior to expropriation.
Article 18. No one shall be obliged to pay
any public tax which had not been
approved by the National Assembly or by
local popular governments legally so
authorized, and which is not in the manner
prescribed by the law.
Article 19. No Filipino who is in full
enjoyment of his civil or political rights,
shall be impeded in the free exercise of
said rights.

1935 Article III of Bill of rights It has been said that


constitution Ratified by the SECTION 1. the 1935 Constitution
President Franklin was the best-written
(1) No person shall be deprived of life,
D. Roosevelt Philippine charter ever.
liberty, or property without due process of
Unitary Promulgated by law, nor shall any person be denied the
Presidential Promulgated by equal protection of the laws. The 1935 Constitution,
Constitutional the 1934 (2) Private property shall not be taken for which featured a political
public use without just compensation. system virtually identical
Republic Constitutional (3) The right of the people to be secure in
Convention. to the American one,
their persons, houses, papers, and effects
against unreasonable searches and became operative. The
seizures shall not be violated, and no system called for a
warrants shall issue but upon probable President to be elected
cause, to be determined by the judge after at large for a 4-year term
examination under oath or affirmation of (subject to one re-
the complainant and the witnesses he may election), a bicameral
produce, and particularly describing the
place to be searched, and the persons or Congress, and an
things to be seized. independent Judiciary.
(4) The liberty of abode and of changing
the same within the limits prescribed by law
shall not be impaired.
(5) The privacy of communication and
correspondence shall be inviolable except
upon lawful order of the court or when
public safety and order require otherwise.
(6) The right to form associations or
societies for purposes not contrary to law
shall not be abridged.
(7) No law shall be made respecting an
establishment of religion, or prohibiting the
free exercise thereof, and the free exercise
and enjoyment of religious profession and
worship, without discrimination or
preference, shall forever be allowed. No
religious test shall be required for the
exercise of civil or political rights.
(8) No law shall be passed abridging the
freedom of speech, or of the press, or the
right of the people peaceably to assemble
and petition the Government for redress of
grievances
(9) No law granting a title of nobility shall
be enacted, and no person holding any
office of profit or trust shall, without the
consent of the National Assembly, accept
any present, emolument, office, or title of
any kind whatever from any foreign state.
(10) No law impairing the obligation of
contracts shall be passed.
(11) No ex post facto law or bill of attainder
shall be enacted.
(12) No person shall be imprisoned for debt
or nonpayment of a poll tax.
(13) No involuntary servitude in any form
shall exist except as a punishment for
crime whereof the party shall have been
duly convicted.
(14) The privilege of the writ of habeas
corpus shall not be suspended except in
cases of invasion, insurrection, or rebellion,
when the public safety requires it, in any of
which events the same may be suspended
wherever during such period the necessity
for such suspension shall exist.
(15) No person shall be held to answer for
a criminal offense without due process of
law. (16) All persons
shall before conviction be bailable by
sufficient sureties, except those charged
with capital offenses when evidence of guilt
is strong. Excessive bail shall not be
required.
(17) In all criminal prosecutions the
accused shall be presumed to be 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 and public trial, to meet the
witnesses face to face and to have
compulsory process to secure the
attendance of witnesses in his behalf.
(18) Bo person shall be compelled to be a
witness against himself.
(19) Excessive fines shall not be imposed,
nor cruel and unusual punishment inflicted.
(20) No person shall be twice put in
jeopardy of punishment for the same
offense. If a cat is punished by a law and
an ordinance, conviction or acquittal under
either shall constitute a bar to another
prosecution for the same act.
(21) Free access to the courts shall not be
denied to any person by reason of poverty.
1973 Parliamentary Promulgated in Article IV of Bill of rights It suppressed
Constitutio
n
government  force by
Presidential Section 1. No person shall be deprived of democratic institutions
life, liberty, or property without due process and restricting civil
Proclamation No. of law, nor shall any person be denied the
1102 issued by freedoms.
President equal protection of the laws.
Ferdinand E. Section 2. Private property shall not be
taken for public use without just
Marcos compensation.
Section 3. The right of the people to be
Promulgated by secure in their persons, houses, papers,
and effects against unreasonable searches
the 1973 and seizures of whatever nature and
Constitutional whatever purpose shall not be violated, and
Convention no search warrant or warrant of arrest shall
issue except upon probable cause to be
determined by the judge, or such other
The Philippine responsible officer as maybe authorized by
constitutional law, after examination under oath or
plebiscite of affirmation of the complainant and the
1973 ratified the witnesses he may produce, and particularly
1973 Constitution describing the place to be searched, and
of the Philippines. the persons or things to be seized
Section 4. (1) The privacy of
communication and correspondence shall
be inviolable except upon lawful order of
the court, or when public safety and order
require otherwise.
(2) Any evidence obtained in violation of
this or the preceding section shall be
inadmissible for any purpose in any
proceeding a law.
Section 5. The liberty of abode and of
travel shall not be impaired except upon
lawful order of the court, or when
necessary in the interest of national
security, public safety, or public health.
Section 6. 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, shall be afforded the citizen
subject to such limitations as may be
provided by law.
Section 7. The right to form associations or
societies for purposes not contrary to the
law shall not be abridged.
Section 8. 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 worship, without
discrimination or preference, shall forever
be allowed. No religious test shall be
required for the exercise of civil or political
rights.
Section 9. No law shall be passed
abridging the freedom of speech, or the
press, or the right of the people peaceably
to assemble and petition the government
for redress of grievances.
Section 10. No law granting a title of
royalty or nobility shall be enacted.
Section 11. No law impairing the obligation
of contracts shall be passed.
Section 12. No ex post facto law or bill of
attainder shall be enacted.
Section 13. No person shall be imprisoned
for debt or non-payment of a poll tax.
Section 14. No involuntary servitude in any
form shall exist except as a punishment for
a crime whereof the party shall have been
duly convicted.
Section 15. The privilege of the writ of
habeas corpus shall not be suspended
except in cases of invasion, insurrection, or
rebellion, or imminent danger thereof, when
the public safety requires it.
Section 16. All persons, shall have the
right to a speedy disposition of their cases
in all judicial, quasi-judicial, or
administrative bodies.
Section 17. No person shall be held to
answer for a criminal offense without due
process of law.
Section 18. All persons, except those
charged with capital offenses when
evidence of guilt is strong shall, before
conviction, be bailable by sufficient
sureties. Excessive bail shall not be
required.
Section 19. 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
unjustified.
Section 20. No person shall be compelled
to be a witness against himself. 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
him. Any confession obtained in violation of
this section shall be inadmissible in
evidence.
Section 21. Excessive fines shall not be
imposed nor cruel or unusual punishment
inflicted.
Section 22. 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 23. Free access to the courts shall
not be denied to any person by reason of
poverty.

1987 A democratic ARTICLE III This constitution was


Constitutio Promulgated by BILL OF RIGHTS intended as a
republican state.
n President Corazon transitional constitution
C. Aquino Section 1. No person shall be deprived of to ensure democracy
life, liberty, or property without due process and the freedom of the
of law, nor shall any person be denied the
The constitution equal protection of the laws.
people.
was ratified by Section 2. The right of the people to be The constitution
a nationwide secure in their persons, houses, papers, provided for three
plebiscite. and effects against unreasonable searches governmental branches,
and seizures of whatever nature and for namely
any purpose shall be inviolable, and no the executive, legislative,
search warrant or warrant of arrest shall
issue except upon probable cause to be
and judicial branches. 
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
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 and rehabilitation
of victims of torture or similar practices, and
their families.
Section 13. All persons, except those
charged with offenses punishable by
reclusion perpetual 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
the 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 perpetual.
(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.

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