Topic 2

NSTP and the Philippine Constitution

The 1987 Constitution under Article II Sec. 4 (Declaration of Principles and State Policies) clearly
mandates that “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”. In
order to perform such role, the government may call the attention of the people by requiring them to
render personal military or civil services.

This chapter will discuss relevant provisions that will clarify the framework of NSTP as a venue for
inculcating the ideals of true and meaningful public service.

CONSTITUTION defined

This refers to the body of rules and principles in accordance with which the powers of sovereignty are
regularly exercised (1986 Philippine Constitution).

It is also a written instrument by which the fundamental powers of the government are established,
limited, and defined and by which these powers are distributed among the several departments or
branches for their safe and useful exercise for the benefit of the people.

It is the rules and principles which provide direction as to the manner of expressing one’s authority.

The Purpose or Function of the Constitution

1. The constitution serves as the supreme or fundamental law since it speaks in behalf of the entire
people, represents the will of the people to which it derives its claim to obedience.
2. The constitution establishes the basic framework and underlying principles of government. It
prescribes the permanent framework of the system of government and assigns to the different
departments or branches, their respective powers and duties, establishes certain basic principles
on which the government is founded. The constitution serves as the pillars in governance.
3. The constitution empowers the state because it is the document that formalizes the jurisdiction of
the state over our territory and establishes the government that will effectively exercise that
jurisdiction.
4. The constitution gears the government towards social and economic development through the
elimination of socio-economic inequities in order to achieve progress, national unity, and social
justice.

THE BILL OF RIGHTS OF FILIPINOS

Article III of the Philippine Constitution is the Bill of Rights. It establishes the relationship of the
individual to the State and defines the rights of the individual by limiting the lawful powers of the State. It
is one of the most important political achievements of the Filipinos (Smith, 1945)
Importance of Bill Of Rights

A bill of rights is a constitutional enumeration of rights and privileges guaranteed by the State to all
persons within its territory. It is the statement of individual liberties which citizens, residents and
sojourners in the country enjoy abuses in against the exercise of government power. In short, it is the
people’s shield against government abuse.

The peaceful; attainment of peace will depend on our nation’s libertarian use of freedom – freedom of
thought, speech and association. The rights proclaimed in the Bill of Rights are the “ten commandments”
of our constitutional faith. They are the means of self-government and sovereignty. They are the means to
truth. They are the means of and ends of security and survival.

Below is the Bill of Rights provided for in Article III, 1987 Philippine Constitution:

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor
shall any person any person be denied the equal The right of liberty guaranteed by the
protection of law. Constitution includes the right to exist

Section 2. The right of the people to be secure in their and the right to be free from personal

persons, houses, papers and effects against restraint or servitude.

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 in the correspondence shall be inviolable except
apart lawful order of the court, or when public safety or order requires otherwise, as prescribed by
law. (2) Any evidence obtained in violation of these are 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 to peaceably 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.
Liberty is the measure of freedom
which may be enjoyed in a civilized Section 7. The right of the people to information on
community consistently with
matters of public concern shall be recognized.
enjoyment of like freedom by others.
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. This rights cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threats, 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. 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 offences punishable by reclusion perpetua
with evidence of guilty 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, the 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 dully notified and his
failure to appear is in justifiable.

Section 15. The privilege of the writ of habeas corpus

Human rights have a primacy over
shall not be suspended except in cases of invasion or
property rights. If human rights are
rebellion, when the public safety requires it.
extinguished by the passage of time,
Section 16. All persons shall have the right to a then the bill of rights is a useless attempt
speedy disposition of their cases before other judicial,
to limit the power of the government
quasi-judicial, or administrative bodies.
and ceases to be shield against the
abuses of the government.
 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
detaining or the use of substandard or inadequate penal facilities under some Human Condition
shall be dealt with by the 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 punishable 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 (an act of a legislature declaring a person or
group of persons guilty of some crime and punishing them, often without a trial) shall be enacted.

CITIZENS of the PHILIPPINES Defined

Section I of the Philippines Constitution provides that the following are the citizens of the
Philippines:

1. Those who are citizens of the Philippines at the time of the adoption of this Constitution;

2. Those whose fathers and mothers are citizens of the Philippines

3. Those born before January 13, 1973, of Filipino mothers, who elect Philippine Citizenship upon
reaching the age of majority; and

4. Those who are naturalized in accordance with law.

DUTIES AND RESPONSIBILITIES OF FILIPINO CITIZENS

We have to realize that for every right we are enjoying as enumerated in the Bill of Rights of the
Philippine Constitution, it is occupied with corresponding obligation. There will be no chaos in our
society if solely each person will perform his or her responsibilities and responsibilities.

1. To be loyal to the Republic. This means that we have faith and confidence in the Republic and
love and devotion to the country. We have to be proud of being a Filipino, respect our customs,
traditions, language and institutions.
 Our country is considered our home, the home of our forefathers who fought for our country
against the invaders, the home of our children and the grand children, the seat of our affections,
and the sources of our happiness and well-being.

2. To defend the State. Considering the fact that our country is our home, it is our prime duty to
love and defend the state at all costs regardless of our creed, religious beliefs, and wisdom.

Loving ones country can be shown not by words but by deeds. It should be a continuous flame of
love considering the fact that we receive benefits and protection from the State pf which we are a
part. In return, it is our primary duty and honor to defend it against any peril whether from within
or from without (Art. II, Sec. 3).

3. To contribute to the development and welfare of the State. We are a part of the State and we
directly receive the benefits from the government in form of infrastructure, peace and order, etc.
in return, how can we contribute to the development and welfare of the State? We can do this in
the form of paying our taxes willingly and promptly, by helping maintain peace and order,
conserving of the natural resources and the promotion of social justice by suggesting or
supporting measures beneficial to the people as a whole, by patronizing local products and trades
and by engaging in productive work.

4. To uphold the Constitution and obey the laws. It is our prime obligation to uphold the
Constitution and obey the laws. If the people would disregard them, our country would collapse,
we will not have peace and order.

5. To cooperate with duly constituted authorities. In every organization, there is always a leader
to manage the affairs of all the constituents. If the members will not cooperate, we can never
expect to become successful in all the undertakings that our government would like to do for the
good of its citizens.

6. To exercise rights responsibly and with due regard for the rights of others. No man is an
island and we have to live with others. In the exercise of our rights, we have to see to it that we
also respect the rights of other people. If we do this, we can expect harmonious relationship
between members of the society.

7. To engage in gainful work. It is stated in the Bible that if we want to eat, we have to work.it is
our obligation as a citizen of our country to become productive in engaging in a gainful work so
that we can provide the basic needs of our family and ourselves as well. As cited by de Leon
(1989), “The essence of life is work. Every citizen should bear in mind that only hard and
sustained work can men and nations live and survive. National greatness never springs cult of
ease or self-complacency, but from the crucible of grim struggle and patient industry”.

8. To register and vote. It is our prime duty as a citizen of the Philippines to register and vote.
Suffrage is both a privilege and a duty, which every qualified citizen must perform.

It is not sufficient to just vote; it must be coupled with intellectual judgment during election. We
have to consider the different political issues by different candidates, so that at least we can chose
the right person to manage government affairs.