PREAMBLE
We, the Filipino people, imploring Divine Providence, wiser by the sad history of our country and richer in experience under various systems of government; determined to achieve national liberation and unity of country, without violence and, in addition, to institute a regime of justice, equality of opportunity, freedom and democracy for all; under a federal and collective leadership system of government that will preserve the national patrimony and embody the Filipino ideals, do ordain and promulgate this Constitution.
CHAPTER I
DECLARATION OF PRINCIPLES
Article 1. Our people shall be protected by the Bill of Rights as stated in Article IV of the draft of the 1973 Constitution of the Republic of the Philippines, with additions and deletions to read as follows:
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. Private property shall not be taken for public use without just compensation.
Section 3. 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 not be violated, and no search warrant or warrant of arrest shall be issued except upon probable cause to be determined by the judge or such other responsible officer as may be authorized by law, 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 4. (a) The privacy of communication and correspondence shall be inviolable except upon lawful order of the Court, or when public safety and order require otherwise.
(b) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
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 law shall not be abridged.
Section 8. No law shall be made promoting or establishing any religion, or prohibiting the free exercise of any religion. The free exercise and enjoyment of any 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, rebellion, or imminent danger thereof, when the public safety requires it. (See article 22)
Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial or administrative bodies.
The accused who has been under arrest prior to final sentence shall have the right to have the Court deduct the imprisonment during the period of his detention from the penalty imposed upon him.
If a person condemned to the death penalty has been waiting for more than two years for the final decision of the Supreme Court, his penalty shall be considered commuted to life imprisonment until the Supreme Court or the executive power provides for a lighter penalty. While the Cory Aquino Constitution of 1987Ā¹ abolished death penalty it still allowed the reimĀposition of death penalty for āheinous crimes.ā The Philippines is a signatory to the International Covenant on Civil and Political Rights. The Treaty stipulation allowing or disallowing the withdrawal of any signatory, is not specific thus the reference on the death penalty in the Bayanikasan Constitution has not been removed.
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 freewill shall be used against him. Any confession obtained in violation of this section shall be inadmissible evidence.
An officer who violates this immunity is liable to the crime of abuse of authority and shall be punished with dismissal from office plus such other penalties as may be provided by the Manual of Operations of the police organization to which he belongs.
Section 21. Excessive fines shall not be imposed, nor cruel or unusual punishment inflicted. The death penalty for a crime that had not resulted in the death of the victim is unusual punishment.
Sections 22-23. 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.
Free Access to the Courts shall not be denied to any person by reason of poverty.
The Integrated Bar of the Philippines is duty bound to assist in providing attorneys on rotation who will defend the needy free of charge. (To be continued)
