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AND THE 1973 CONSTITUTION as of 1 August 2018 CONSULTATIVE COMMITTEE 2018 DRAFT FEDERAL CONSTITUTION
THE 1987 CONSTITUTION THE 1973 CONSTITUTION
Preamble We, the sovereign Filipino people, imploring the aid of the Almighty God, to build a permanent and indissoluble nation and establish a just, humane, united, and progressive society under a government that shall embody our shared 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 of the Federal Republic of the Philippines. 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. Preamble We, the sovereign Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody our ideals, promote the general welfare, conserve and develop the patrimony of our Nation, and secure to ourselves and our posterity the blessings of democracy under a regime of justice, peace, liberty, and equality, do ordain and promulgate this Constitution.
AND THE 1973 CONSTITUTION as of 1 August 2018 ARTICLE I NATIONAL TERRITORY Section 1. The Philippines has sovereignty over its territory, consisting of the islands and waters encompassed by its archipelagic baselines, its territorial sea, the seabed, the subsoil, and its airspace. It has sovereignty over islands and features outside its archipelagic baselines pursuant to the laws of the Federal Republic, the law of nations, and the judgments of competent international courts or tribunals. It likewise has sovereignty over other territories belonging to the Philippines by historic right or legal title.
ARTICLE I
National Territory The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.
ARTICLE I
National Territory Section 1. The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all the other territories belonging to the Philippines by historic or legal title, including the territorial sea, the air space, the subsoil, the sea-bed, the insular shelves, and the submarine areas over which the Philippines has sovereignty or jurisdiction. The waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the Philippines. Section 2. The Philippines has sovereign rights over that maritime expanse beyond its territorial sea to the extent reserved to it by international law, as well as over its extended continental shelf, including the Philippine Rise. Its citizens shall enjoy the right to all resources within these areas.
AND THE 1973 CONSTITUTION as of 1 August 2018 SECTION 3. Civilian authority is, at all times, supreme over the military. The government is the protector of the people and the Federal Republic. The armed forces of the Philippines shall secure the sovereignty of the Republic and the integrity of its national territory. The government may call upon the people to defend the Federal Republic and render personal military or civil service under conditions provided by federal law. Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service. Section 2. The defense of the State is the prime duty of government, and in the fulfillment of this duty all citizens may be required by law to render personal military or civil service. Section 8. Civilian authority is at all times supreme over the military. SECTION 4. The recognition of fundamental freedoms, the observance of the rule of law, and the promotion of sustainable human development are essential for the enjoyment by the people of the benefits of a democratic republican federal government. Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. SECTION 5. The separation of the church and the State shall be inviolable. Relations between them shall be governed by benevolent neutrality. Section 6. The separation of Church and State shall be inviolable.
AND THE 1973 CONSTITUTION as of 1 August 2018 SECTION 6. The Federal Republic shall pursue an independent foreign policy. In establishing relations with other states, its paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination. Section 7. The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination. SECTION 7. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from weapons of mass destruction in its territory. Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory. SECTION 8. The Federal Republic shall maintain honesty, integrity, and efficiency in the public service and take positive, effective, deterrent, and punitive measures against graft and corruption. Section 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. SECTION 9. The Federal Republic adopts and implements a policy of full public disclosure of all its transactions involving public interest. Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest. SECTION 10. The Federal Republic and its instrumentalities shall, at all times, maintain the highest quality of governance, integrity, transparency, and accountability.
AND THE 1973 CONSTITUTION as of 1 August 2018 SECTION 14. The Federal Republic recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the government. Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government. Section 4. The State shall strengthen the family as a basic social institution. The natural right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the aid and support of the government. SECTION 15. The Federal Republic recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their constructive involvement in public and civic affairs. Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. Section 5. The State recognizes the vital role of the youth in nation-building and shall promote their physical, intellectual and social well-being. SECTION 16. The Federal Republic recognizes the role of women in nation- building and in all aspects of national life, and shall ensure the fundamental equality of women and men before the law. Section 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.
AND THE 1973 CONSTITUTION as of 1 August 2018 SECTION 17. The Federal Republic shall protect and promote the right to health of the people and instill health consciousness among them. Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them. SECTION 18. The Federal Republic shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. SECTION 19. The Federal Republic shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human dignity, security, liberation, and development. Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. Section 7. The State shall establish, maintain, and ensure adequate social services in the field of education, health, housing, employment, welfare, and social security to guarantee the enjoyment of the people of a decent standard of living. SECTION 20. The Federal Republic affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. SECTION 21. The Federal Republic shall develop an independent and competitive national economy actually and effectively controlled by Filipinos. Section 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.
AND THE 1973 CONSTITUTION as of 1 August 2018 SECTION 27. The Federal Republic shall promote the autonomy of local government units in line with the principle of subsidiarity and in accord with federalism. Section 25. The State shall ensure the autonomy of local governments. Section 10. The State shall guarantee and promote the autonomy of local government units, especially the barrio, to ensure their fullest development as self-reliant communities. Section 26. The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law. Section 9. The State shall afford protection to labor, promote full employment and equality in employment, ensure equal work opportunities regardless of sex, race, or creed, and regulate the relation between workers and employers. The State shall assure the rights of workers to self- organization, collective bargaining, security of tenure, and just and humane conditions of work. The State may provide for compulsory arbitration. ARTICLE III BILL OF RIGHTS SECTION 1. The rights under this article are demandable against the State and non-state actors
ARTICLE III
BILL OF RIGHTS
ARTICLE IV
BILL OF RIGHTS
AND THE 1973 CONSTITUTION as of 1 August 2018 and their enforcement shall be consistent with international standards. A. CIVIL AND POLITICAL RIGHTS SECTION 2. 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 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 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 3. The right of persons to privacy shall be inviolable. Without lawful court order, all interference in personal and domestic relations, correspondence, and data are proscribed.
AND THE 1973 CONSTITUTION as of 1 August 2018 (b) The prohibition against unreasonable searches and seizure shall extend to the conduct of unlawful unreasonable surveillance through technological, electronic, or any other means. In addition to the requirements for the issuance of a search warrant, a surveillance warrant shall particularly describe:
- The purpose of the surveillance and the period within which the surveillance may be conducted;
- The target individuals or entities and the type of information sought;
- The manner by which the surveillance is to be conducted and the means to be used, which as far as practicable shall be limited to achieve the purpose of the surveillance and to acquire the type of information sought; and
- The period within which the applicant may store recorded in formation, which shall be consistent with the purpose of the surveillance. (c) No surveillance warrant shall be granted except upon a showing that there are no other reasonable means of obtaining the information or evidence sought in the application.
AND THE 1973 CONSTITUTION as of 1 August 2018 (d) The court shall specify the time for the service of the warrant, which may be after the conduct of the surveillance. Only information necessary to achieve the purpose of the warrant shall be admitted in evidence. All other information acquired shall be destroyed and deemed inadmissible for any purpose in any proceedings. SECTION 6. The privacy of communication in any form shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law. Any evidence obtained in violation of Sections 4, 5, and 6 shall be inadmissible for any purpose in any proceeding. Section 3.
- 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.
- Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. Section 4.
- The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety and order require otherwise.
- Any evidence obtained in violation of this or the preceding Section shall be inadmissible for any purpose in any proceeding.
AND THE 1973 CONSTITUTION as of 1 August 2018 SECTION 10. 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 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 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 11. 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 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 7. The right to form associations or societies for purposes not contrary to the law shall not be abridged. SECTION 12. Private property shall not be taken for public use without just compensation. Section 9. Private property shall not be taken for public use without just compensation. Section 2. Private property shall not be taken for public use without just compensation. SECTION 13. No law impairing the obligation of contracts shall be passed. Section 10. No law impairing the obligation of contracts shall be passed. Section 11. No law impairing the obligation of contracts shall be passed.
AND THE 1973 CONSTITUTION as of 1 August 2018 SECTION 14. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion, rebellion, or lawless violence, when the public safety requires it. Even when the privilege of the writ of habeas corpus is suspended, the privilege of the writs of amparo and habeas data and other protective writs may still be resorted to unless prejudicial to public order. 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 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 15. Free access to the courts and quasi- judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. Members of the Philippine Bar may be required by the Supreme Court to provide free assistance to indigents before courts and quasi-judicial bodies, and for other legal services. 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 23. Free access to the courts shall not be denied to any person by reason of poverty.
AND THE 1973 CONSTITUTION as of 1 August 2018 SECTION 17. (a) All persons accused of any crime shall be entitled to bail or to be released on recognizance. This right shall not be available in cases where the imposable penalty is reclusion perpetua or higher, and the evidence of guilt is strong as determined in summary proceedings. (b) When an indigent person is charged with an offense that would entitle him to probation and the risk of flight is low, he may be released on recognizance. (c) The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. (d) Excessive bail shall not be required. 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 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.
AND THE 1973 CONSTITUTION as of 1 August 2018 SECTION 18. No person shall be held to answer for a criminal offense without due process of law. 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 14.
- No person shall be held to answer for a criminal offense without due process of law.
- 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 17. No person shall be held to answer for a criminal offense without due process of law. 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.
