EASTERN SAMAR STATE UNIVERSITY
COLLEGE OF NURSING
Philippine History and Constitution
Activity No. 2
“The Philippine Constitution”
Submitted by:
GEROY, GISELLE C.
08 – 22704
Submitted to:
RAY DOMINIC R. LADERA
Instructor
Date
March 05, 2012
Page 2 of 18
Course:
Philippine History and Constitution
Activity No. 2:
The Constitution
1. Discuss the three major steps in changing the constitution.
The three major steps in changing the constitution are the following:
 Congress – it is a constituent assembly or body that is empowered to propose
amendments. Remember, Congress is basically a legislative body, not a constituent
body. It needs to pass a resolution to turn itself into a constituent assembly.
 Constitutional Convention – members of a Constitutional Convention are elected by
qualified votes. The delegates or members are the direct representatives of the
people in framing the fundamental law.
 Electorate – this refers to the qualified voters through popular initiative. The power of
the people to directly propose a change in the constitution is enshrined in the 1987
Constitution Art. XVII, Sec. 2. It cannot be found in the 1935 or 1973 Constitution.
Qualified voters herein referred to are citizens who are 18 years old, registered
voters, and have none of the disqualifications provided by law (Art. V, Sec. 1).
Two Steps for Amendments or Revision
1. Proposal – means that contemplated changes are formulated or expressed in a
written statement. Art. XVIII states that;
Section 1 – Any amendment to or revision of this constitution may be proposed by:

Congress upon a vote of three – fourths of all its members

A constitutional Convention
2. Ratification or Approval of People – this upholds the principle that “sovereignty
resides in people and all government authority emanates from them”.
a.) Why is there a need to change the constitution? Justify your answer.

New political developments and circumstances may require that the fundamental law of
the land be modified accordingly. Now, if the needed modification cannot be carried out
within a reasonable period of time, problems may ensue. If the constitution cannot ride
with the genuine wave for change, the good of the nation may not be realized. Public
interest will suffer. People will only violate an obsolete rule that does not answer their
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needs and aspirations for a better life. Worst, a revolution may be thought of as an
answer to the necessary change.
b.) What are the advantage and the disadvantage of constitutional change?
The following are the advantages of constitutional change:
 Changing of the form of government from presidential to parliamentary.
 Election of senators by regions to correct the unbalanced representation in the
senate.
 Returning of police control to the local government.
 The return of a two-party system. The multi-party system has caused confusion in the
electoral system and is likely to elect a minority president.
 Reversion to the safer provision that the government has the prime duty to protect
the people and the state. The military as protector of the people is a dangerous
provision (Art. II, Sec. 3).
 Others see it as a chance for the military to excuse themselves and wrest power from
duly constituted authorities when a political crisis occurs.
 To allow foreign investors to own land and operate public utilities such transportation,
electricity, and telecommunications.
 Provision that will specify to whom the President will tender his resignation in case of
his resignation.
The following are the disadvantages of the constitutional change:
 The 1987 Constitution is still young.
 Changing the Constitution often is not good for the country. We have had four major
constitutions. The United States Constitution since 1790 has never been replaced. Its
first amendment was only after 10 years. To date, the Philippine Constitution has
been amended 27 times and the last was in 10992.
 Majority of the people as shown by surveys are against it (7 out of 10 are against it
according to the Social Weather Station ) (Philippine Daily Inquirer, June, 1999)
 Reforms can be done through ordinary legislation.
 Amending the constitution, especially the Congress as a constituent assembly will
open the floodgates to political amendments that will benefit members of Congress.
An example is the lifting of terms of limits. Most of our Congressmen now are on their
last term.
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c.) Differentiate the Ramos, Estrada, and Arroyo Administration in their plan to
amend or change the constitution?

During the former President Ramos administration his proposal for amendment to the
1987 Constitution through people initiative was criticized for political aspects, and the
Ramos Charter Change (CHACHA).

Whereas, the Estrada counterpart was on economic reforms. He called his proposal
for constitutional change
as “Constitutional Corrections and Development”
(CONCORD), according to him there are provisions in the constitution that need
correction so as to attune the country to the changing needs of the globalized world
and finally, attain economic development that will benefit the poor. Estrada also
proposed that foreign investors own: 100% of corporations they would likely to put up
in the Philippines; lands (Art. XII, Sec. 11); public utilities (Art. XII, Sec 11); mass
media (Art. XVI, Sec 11 (1), advertising (Art. XVI, Sec 12 (2); and educational
institutions (Art. XIV, Sec. 4 (2); exploration and development of natural resources
(Art. XII, Sec. 2). However, President Estrada may, to certain degree, have been
correct on his proposed amendments to the constitution for thr practical considerations
in view of the country’s inability to provide jobs for the millions who are unemployed.

By all indication, PGMA who was catapulted to the presidency in 2001 by People
Power II, is also for changing the present constitution. The pronouncements of her
political supporters in Congress point to changing the present presidential system to
parliamentary system, adoption of a federal government to that of the unitary
government and a return to unicameral Congress.
2. Discuss the Philippine Territory
a. Compare the 1935, 1973, and 1987 definition of National Territory
 1935 Constitution
Article 1 National Territory SECTION 1

The Philippines comprises all the territory ceded to the United States by the Treaty of
Paris concluded and Spain on the tenth day of December eighteen hundred and
ninety – eight, the limits of which are set forth in Article III of said treaty, together with
all the islands embraced in the treaty conclude at Washington, between the United
States and Spain on the seventh day of November, nineteen hundred, and in the
treaty concluded between the United States and Great Britain on the second day of
January, nineteen hundred thirty, and all territory over which the present Government
of the Philippine Islands exercises jurisdiction.
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 1973 Constitution
Article 1 National Territory SECTION 1

The national territory comprises the Philippine archipelago, with all the islands and the
waters embraced therein and all the other territories belonging to the Philippines by
historic right or legal title, including the territorial sea, the air space, the subsoil,
seabed, the insular shelves, and the other 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, from part of
the internal waters of the Philippines.
 1987 Constitution
Article 1 National Territory SECTION 1

The national territory comprises the Philippine archipelago, with all the islands and the
waters embraced therein, and all the other territories over which 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, from part of the internal waters of the
Philippines.
 In 1973 Constitution, the phrase was originally worded “and all other territories
belonging to the Philippines by historic right and legal title”. It was changed to the
present phrase in the 1987 Constitution refers to Sabah and includes the Spratlys
Islands.
b. Define National Territory and its components

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 terrestial, 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, from part of the internal
waters of the Philippines.
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Article I, Section I provides what comprises our national territory, these are:
A. The Philippine Archipelago with all the Islands and Waters Embraced Therein

The term archipelago is derived from the Greek word pelagos which means sea.
Archipelago is that part of the sea studded with islands. The sea and the islands are
considered as a single geographical unit.
The archipelago that is referred to in Article I, Sec. 1 includes;
1. Those ceded by Spain to the US according to the Treaty of Paris on December
10, 1898;
2. Those that were included according to the Treaty of Washington on November 7,
1900 between US and Spain, which were not included in the Treaty of Paris.
These are the islands of Cagayan, Sulu, and Sibuto;
3. Those which were identified in the Treaty with Great Britain on January 2, 1930
between US and Great Britain, such as the Turtle Islands and the Mangsee
Islands; and
4. The islands of Batanes, which were included under the Treaty of Paris and
consequently, covered under the 1935 constitution.
B. All other territories over which the Philippines has sovereignty or jurisdiction

These refer to territories already acquired or will be acquired in the future
according to international law. These include Batanes Islands, which was left out
under the Treaty of Paris. It pertains also to Sabah, Spratly Islands in the China
Sea, and Marianas Islands that includes Guam in the Pacific. In the 1973
Constitution, the phrase was originally worded “and all other territories belonging
to the Philippines by historic right and legal title”. It was changed to the present
phrase to avoid direct referral to our claim to Sabah, which Malaysia detests. This
change was aimed to improve Philippine relations with Malaysia. It does not
mean, however, that we drop our claim to Sabah. This phrase does not actually
claim nor disclaim Sabah but there is no obstacle to pursue our claim on it under
Public International Law (Nolledo, 1994).
C. The terrestrial, fluvial, and aerial domains
The fluvial domains, aside from its external waters, are:
1. The territorial sea, which extends 12 nautical miles (19 kms) from the shore. It is
also called “marginal sea” or “marine belt”. It is the belt of waters, which are
adjacent or parallel to the coastline of the state, outside of the internal waters.
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2. The seabed or the seafloor. It is the land holding the sea extending from the
shore. It is simply the bottom of the territorial sea.
3. The subsoil, which is the soil layer beneath the surface soil of the territorial sea
or seabed.
4. The insular shelves or the continental shelves. It is that submerged portion of the
continent or offshore, extending to a point of steep descent to the ocean floor. It
consists of the seabed and subsoil of the submarine areas adjacent to the shore
but outside of the territorial sea, to a depth of 200 meters and beyond.
5. Other submarine areas, which refer to those areas under the territorial sea called
as refers, basins, shoal, and the like.
D.
The Islands Waters
There are three kinds of waters of these. These are:
1. Internal or inland waters (referred to as national waters);
2. Territorial sea; and
3. High seas

The internal or inland waters are the waters around, between, and connecting the
islands of the archipelago. They are in same category as inland rivers or lakes which
are subject to the exclusive use and exploitation of the state. The internal waters are
referred to comprise as national waters. The inland waters and the territorial sea
comprise what is known as the territorial waters of the state in which state exercises
sovereignty and exclusive domain just like its land territory. However, through the
principle of right of innocent passage foreign ships can pass through the territorial sea
of a state subject to regulations imposed by the state. But the open seas or high seas
that lie seaward of the territorial sea or are beyond the territorial sea are international
waters and therefore, every state has the equal right of use and not subject to
sovereignty of any state.
c. Define Archipelago Doctrine

The Philippine is one of the largest archipelagos in the world lies southeast of the
Southeast Asian region, directly below Taiwan. It is bounded by the South China Sea
on the West, the Pacific Ocean on the east, the Sulu Sea and the Celebes Sea on the
south, and the Bashi Tunnel on the north. The Philippines is composed of about 7,200
small and large islands scattered over some 1,295,000 square kilometers of oceanic
waters. Its total land area is 300,000 square kilometers. Only 2,700 islands are
named, and the eleven largest islands account for almost 95% of the land and
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population. The waters surrounding them, or in between them, may separate one or
more islands from the Philippine territory, if these waters which are around, between,
and connecting the islands (Sec. I) are not recognized by the international community
as part of the national territory. That is why, the Philippines’ position was made clear in
the International Convention on the law of the Sea held in Geneva, Switzerland in
1958 which established the three-mile rule. The three-mile established the delineation
of territorial waters of a state which is three miles away from its baseline. If this rule
will apply, the Philippine waters, which may not covered, will become international
waters or open seas. It will also cause the separation of the Visayas by the Sibuyan
Sea or Sulu and Palawan by the Mindanao Strait. The three-mile rule therefore, is not
applicable to the Philippines considering also the security problems it will cause.
d. Justify the Philippine claim to the Kalayaan Group of Islands and Sabah
The Philippine Claim on Spratlys (Kalayaan Group of Island)

The Spratlys is a chain of more than 100 islands, cays, reefs, and shoals in the South
China Sea. There are five countries, aside from the Philippines, who are actively
contesting sovereignty and ownership of these islands. These are China, Taiwan,
Vietnam, Brunei, and Malaysia claim all the islands in the Spratlys. The Philippines
claims only a group of 50 to 60 islands, islets, shoal, cays, and reefs on the westerns
section of the Spratlys which it calls Kalayaan Group of Islands (KGI). All of these
claimant countries have soldiers stationed on their occupied islands except Brunei,
making the Srpatlys is important to all claimant countries because it is believed to be
rich in oil and natural gas reserves aside from the fishery resources. It is also a vital
shipping route for commerce and transport from the Persian Gulf to China Sea and to
the Pacific (Lim,1996).
The Philippine claim on the Spratlys started when Tomas Cloma, a fishing magnete
and founder of a nautical school (Philippine Maritime Academy), sent a note to then
Vice President and Foreign Affairs Secretary Carlos P. Garcia on May 15 and again
on May 26, 1956, claiming that he had discovered in 1947, and had occupied what
has called Freedomland Archipelago(Batungbacal, 1999). He claimed it by virtue of
“discovery and effective occupation” in his private capacity and not in behalf of the
government of the Philippines. Taiwan and Vietnam, upon learning of Cloma’s claim,
asserted their claim on the Spratlys Islands. Vietnam drove Cloma out of the island on
the same year and stationed a naval force in Itu aba, the largest island on the
Spratlys. Vietnam sent a destroyer to patrol the area and announced its annexation of
the islands to one of its provinces (Ibid, 1999). This proded Cloma to try to convince
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the Philippine government to espouse his claim to the United Nations but to no avail.
Thereafter, on July 6, 1956, he published in the newspaper his declaration of a
separate government for the “Free Territory of Freedom land ” with himself as head of
the Supreme Council of State. But the formal claim of the Philippines on KGI started
when it occupied some of the islands in 1970. The biggest of these is the Pagasa
Island in which an airship was built and Filipino soldiers were stationed. Claimant
countries scrambled to occupy the islands after the Philippines placed troops and
declared that it was making an official claim on the KGI. President Marcos issued P.
D. 1956 on June 11, 1978 declaring the KGI as part of Philippine territory and created
it as a municipality of Palawan. On the same date, P.D. 1599 was also issued
establishing the delimitation of the EEZ, which covers the KGI.
The Philippine claim on Sabah

The Philippine claim on Sabah has a long historical basis compared to its claim on the
Spratlys. In 1704, North Borneo, which is now called Sabah, was given as a gift to the
Sultan of Sulu by the Sultan of Brunei when the former was able to help the latter in
quelling a rebellion. Hence, the Sultan of Sulu acquired soveignty on North Borneo. In
1978, at the height of the Spanish attack on Sulu, the heir to the Sultanate of Sulu,
Sultan Jamadul Alam, leased North Borneo to the British North Borneo Company
owned by an Austrian national, Gustavos von Overbeck and his British business
partner, Alfred Dent. The company administered the territory up to 1946 and paid the
Sultan of Sulu an annual rent of $5,000 Malaysian dollars which was increased to
$5,300 in 1903 (Currents 1997). During that time, Malaysia was already under British
control but the British did not claim sovereignty over Sabah. However, in 1946, the
British government annexed and took over Sabah despite its earlier pronouncements
that it had no right to claim sovereignty over Sabah (Rasul, 1989).
e. Search on the Treaty of Paris, What does it contain?

The treaty of peace between the United States and Spain was signed at Paris by the
respective commissioners on the 10th day of December, 1898, and ratified by their'
governments a few months later. Spain agreed to cede to the United States the
Philippine Archipelago in consideration of receiving $20,000,000. Article 8 of the
Treaty declares that "the abandonment and cession stipulated shall in no way affect
the property and rights accorded by custom or law to the peaceful holders of goods of
any sort in the provinces, cities, public or private establishments, civil or ecclesiastical
corporations, or any other collectively which has any legal right to acquire goods, or
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rights in the ceded or abandoned territories, and the same applies to the rights and
properties of individuals of every nationality whatsoever."
Article 9 recites that "Spanish subjects born in the Peninsula and resident in the
territories, the sovereignty of which Spain abandons, or cedes, may remain in, or go away
from, those territories and still hold, in their case, their property rights as well as the right
to sell, or dispose of, the real estate, or its produce. They shall also have the right to follow
their trades, or professions, subject to the laws affecting all other foreigners."
It is easy to comprehend the grief and anger with which the Filipinos learned the
terms of the Treaty of Paris. Apparently the friars were as firmly entrenched as ever. The
Americans had given them a title to the lands which the natives protested had been stolen
from their rightful owners. Their archenemy with whom they had struggled for many years
appeared to have the support of the powerful Government of the United States, for no
intimation of the ultimate action of the American authorities in the disposition of the friars'
lands had as yet been given.
The insurgent leaders were thoroughly disgusted with the turn of events, and it
must be confessed that they had no little ground for their discontent. The money which
they had received from the Spanish Government ($400,000) as a condition of surrender in
1897, had been carefully husbanded for the future struggle that they anticipated and had
been expended in their operations supporting the American invasion. There is no doubt
that someone, who they had reason to suppose was authorized to speak for the American
Government, had assured the Junta Patriotica in Hong Kong that they might look for the
independence of the Philippines to follow American success in wresting the islands from
Spain. The expectations of the Filipinos were strengthened by Admiral Dewey's action in
bringing Aguinaldo and his lieutenants to Manila in an American war vessel; in supplying
them with arms; and in employing them in the ensuing cramping. The services rendered
by the insurgents during the three months that the American fleet lay in Manila Bay, quite
unable for lack of troops to take advantage of the naval victory, should not be lightly
estimated. Even after the arrival of reinforcements from America, the revolutionary forces
afforded valuable assistance in the reduction of the city and afterwards in holding the
island and maintaining order.
To have granted independence to the Philippines at that time would have been to
visit the people with a greater misfortune than a continuance of the rule of the friars, and it
is weIl that the American Government did not entertain either idea. But it can hardly be
questioned that both policy and justice demanded prompt and substantial recognition of
the services of the leaders in the Filipino rebellion. Had this been done it is probable that
Aguinaldo and his companions could have been induced to lay down their arms and to
submit to the authority of the American Government. That they continued the contest for
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the possession of their country - a contest in which they had already sacrificed fifty
thousand lives - is not to their discredit. Senator Hoar, addressing Congress on the
subject, said: "Mr. President, there is one mode by which the people of the Philippine
Islands could establish the truth of the charges as to their degradation and incapacity for
self-government which have been made by the advocates of Imperalism in this debate,
and that mode is by submitting tamely and without resistance to the United States."
There had been serious friction, bordering at times upon open rupture, between
the American and insurgent troops from the time of the arrival of the former, but it was not
until February, 1899, that the ill-advised and hopeless armed opposition of the Filipinos to
the United States Government began. It is impossible to determine the responsibility for
the immediate outbreak. Each side accused the other of undue precipitancy and
aggravation, hut the question is of little consequence.
The subjugation of the insurrectos was accomplished under extreme difficulties.
The native troops are maintained a guerilla war for years, retreating to the mountains, or
the jungle, when pressed, and only attacking in overwhelming numbers. The capture of
Aguinaldo broke the back of the resistance, and although a few armed bodies remained at
large in different parts of the Archipelago, the Philippine Commission was able to certify on
September the 11th, 1902, that ,"The recently existing insurrection of the Philippine
Islands has ceased and a condition of general and complete peace has been established
therein." At this point it may be well to sketch in outline the system of administration under
the Spaniards. We shall thereby gain some idea of the task which was presented to the
American Government upon taking over the islands, the extent of its achievement up to
the present, and the difficulties yet to be overcome.
3. Discuss the State
a. Discuss the definition of State
Section 4 of the 1987 Constitution, which states that;

The prime duty of the Government is not the defense of the state but to serve and
protect the people. The government may call upon the people to defend that state
and, in the fulfillment thereof, all citizens may be required, under conditions provided
by law, to render personal, military, or civil service.
b. The Separation of Church and State

Both the 1973 and 1987 constitutions express the separation of church and state.
They also declare its inviolability. Article III, Sec. 5, of the 1987 Constitution reiterates
the separation of church and the state which prohibits any law to be made respecting
the establishment of religion and curtailing its free exercise. By this, it is meant that the
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state cannot declare an official religion for its citizens nor prohibit the formation of any
religion for its citizens nor prohibit the formation of any religion as long as such religion
does not violate the laws of the state. It is also means that the state cannot aid one
religion and disregard another. The principle of separation of church and state is seen
by others as the application of the biblical admonition, render to Caesar the things that
are Caesar’s and unto God the things that are God’s. This principle prohibits both the
church and the state to interfere in each other’s affairs.
c. Define Local Government, its composition, organization, and function

Local government refers to a municipal corporation. A municipal corporation is a public
corporation created by the government for political purposes with subordinate and
local powers of legislation (Martin, 1970). Simply put, local government refers to the
political subdivision of the state commonly referred to as barangay, municipalities,
cities, and provinces (Art.X, Sec. 1 and De Guzman and Reforma, 1988).
R.A. 7160 provides autonomy or limited self-rule to local government units through
decentralization to promote government efficiency at the local level. Decentralization
here means the transfer or the sharing of the powers of the national government with
the local government.
Senator Paterno proposed three areas for the government’s decentralization which was
incorporated in R.A. 7160, these areas are decentralization in functions; authorities and
budget (Paterno, 1989).
Two types of Decentralization:
1. Political Decentralization or Decentralization of Power.

It involves the transfer of powers to the local government. Also known as devolution,
political decentralization refers to the act by which the national government confers
power and authority upon the various local government units to perform specific
fuctions and responsibilities (Sec. 17-e R.A. 7160). Among the government functions
and services transferred are those concerning health, social welfare and development,
agriculture, public works, tourism, public buildings and other facilities, population
development, and environment and natural resources. Personnel are also devolved.
2. Administrative Decentralization or Decentralization of Administration
It involves the delegation of administrative power by broadening the bas of
government power and in the process, making the local government more responsive
and accountable. The delegation of administrative power relieves the national
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government from the burden of managing the local affairs relieves the national
government from the burden of managing the local affairs and concentrate on national
concerns.
Sections 5 and 6 Article X deal with the taxing power s of local government units and
the automatic release of share of national taxes.
Section 5.
Each local government unit shall have the power to create its own
resources for the revenue and to levy taxes, fees, and charges subject to such
guidelines and limitations as the Congress may provide, consistent with the basic
policy of local autonomy. Such taxes, fees, and charges shall accure exclusively to the
governments.
Section 6. Local government units shall have a just share, as determined by law, in
the national taxes which shall be automatically released to them.
 The 1987 Constitution has numerous provisions that acknowledge and encourage
people’s participation in the government affairs (Art.II, sec. 23; Art. X, Sec. 14; art.
XIII, Sec. 15 and Sec. 16). The Local Government Code also provides for a stronger
participation of people’s organization(POs) and nongovernment organizations
(NGOs).In local governance to make them active partners in pursuit of local
autonomy. It defines people’s organizations as “bona fide associations of citizens
with demonstrated capacity to promote the public interest and with identifiable
leadership, membership and structure”. (Art. 13, Sec. 15).
The difference between POs and NGOs is that, POs are membership – based
organizations while NGOs are non- membership, small organizations possessing
specialist knowledge. According to the Local Government Code of 1991, the
participation of POs, NGOs and private sectors in the local governance include the
following:
1. Membership in local development councils or local special boards, which shall not
be less than ¼ of the total membership of the fully organized councils (Rule XIII,
ar. 62 – 63). The POs or NGOs operating in the province, municipality, or
barangay must be accredited by the local government unit concerned and shall
choose from among themselves their representatives in the following Local
Special Bodies (LSBs) which are formed in barangays, municipalities, or cities,
and provinces:
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a. Local Development Council which is tasked to formulate, coordinate,
monitor and evaluate socioeconomic development programs and projects;
b. Local Prequalification Bids and awards committee which is responsible for
the conduct of prequalification’s of contractors, bidding, evaluation of bids,
and the recommendation of awards concerning local infrastructure
projects;
c.
Local School Board which determines the annual supplemental budgetary
needs for the operations and maintenance of public schools and serve as
an advisory committee on educational matters;
d. Local Health Boards which propose annual supplemental budgetary
needs for the operations and maintenance of public schools and serve as
an advisory committee on educational matters;
e. Local Peace and Order Councils which formulate programs and acts as
an advisory committee on local peace and order concerns;
f.
People’s Law Enforcement Board which shall have jurisdiction to hear and
decide on citizen’s complaints or cases filed before it against erring
officers and members of the Philippines national Police (PNP);
2. Sectoral representation in local legislative councils (women and labor sectors);
3. Preferential treatment by the LGUs for local cooperatives; and
4. Mandatory consultations by the national agencies with the appropriate POs and
NGOs before the implementation of a project (Rule XI, Art. 54) especially those
that may cause population or depletion of nonrenewable resources.
 A civil society is composed of nongovernment organizations, people’s organizations,
labor organizations, women’s groups and youth, religious and environmental groups.
It includes the academe, social and civic clubs, media, and other kinds of group or
associations with similar or different political persuasions. Members of the civil
society use different means to push their goals. They lobby in government offices,
conduct press conferences, write letters to their representatives in government or
take to the streets to press their interests. They become a political force to reckon
with and challenge the traditional politics in which power emanates only from above.
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 The three sectors – government, business sector and civil society, create triad
linkages in governance to attain and sustain human development an advance the
people’s welfare.

Business sector – composed of different institutions established to earn profit
through the production and distribution of goods and services (e.g.,
commercial houses, banking, industries, retail trade, service sector and
others)

Government – embodied by people and agencies that implement the law and
administer the activities of the state

Civil society – causes the mobilization of the people for participation in
economic in economic, political, or social undertakings.
d. What is the role of women in gender equality?

Article II, Sec. 14 is recognition of the vital role of women in our society. It states: “The
state recognizes the role of women in nation building and shall ensure the
fundamental equality before the law of women and men.”
e. The Bill of Rights
There will be three (3) cases that will be posted at wikispaces under PhilHistConsti page. Select
only one (1) of these cases, and justify your answer based on the following questions.
Case1
Aling Loring, a 43 year old mother of three and lives in Pasay is a sidewalk vendor for almost two
decades now. He was informed by a friend that particular street on Sampaloc, Manila was a good
spot to sell various items like clothes, accessories, and candies etc. Wanting to earn more, Aling
Loring went to a street in Sampaloc. Only few hours after setting her goodies in a sidewalk, two
policemen grabbed her by the shoulders and took all her items into a large bag and brought her
to the police precinct and informed her that because it was illegal to sell items on that particular
area. As for her violations, according to the police, all her items were confiscated and were
divided among policemen within the precinct. She was not also allowed to talk to anyone while in
custody. She was informed to wait for available lawyer to settle her case but no such lawyer was
provided. She was detained in the precinct cell for three weeks. She begged the policemen to
give back her items and goodies but she was just threatened and told that she would have more
violations
if
ever
she
speaks
Philippine History and Constitution – Eastern Samar State University – College of Nursing
to
anyone
about
it.
Page 16 of 18
One police officer even brought her to one room and asked her take off her clothes and dance for
him which she out rightly refused. The officer threatened her more and verbally abused her. She
wore the same clothes for the entire three weeks, with only bread and coffee as meals. Her floor
of her cell served as her bed and comfort room at the same time. She pleaded to talk to her
children in exchange of her silence about everything that had happened to her. She was still not
released.
1. a. What is the in the bill of rights that was violated? Completely site the
provisions and justify the answer.
Bill of Rights Violated:
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.

Aling Loring, a sidewalk vendor for almost two decades in particular street on
Sampaloc, Manila sells various items like clothes, accessories, and candies etc. Only
few hours after setting her goodies in a sidewalk, two policemen grabbed her by the
shoulders and took all her items into a large bag and brought her to the police precinct
and informed her that because it was illegal to sell items on that particular area. As for
her violations, according to the police, all her items were confiscated and were divided
among policemen within the precinct.
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.

She begged the policemen to give back her items and goodies but she was just
threatened and told that she would have more violations if ever she speaks to anyone
about it.
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.
Philippine History and Constitution – Eastern Samar State University – College of Nursing
Page 17 of 18

She was informed by the policemen to wait for available lawyer to settle her case but
no such lawyer was provided. She was detained in the precinct cell for three weeks.
(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.

One police officer even brought her to one room and asked her take off her clothes
and dance for
him which she out rightly refused. The officer threatened her more
and verbally abused her. She wore the same clothes for the entire three weeks, with
only bread and coffee as meals. Her floor of her cell served as her bed and comfort
room at the same time. She pleaded to talk to her children in exchange of her silence
about everything that had happened to her. She was still not released.
b. How can the accused invoke his constitutional rights?

The accused, Aling Loring has the right to defend herself and has a need to have a
great lawyer in order to invoke her constitutional rights. She just want to earn a living
and was able to have an opportunity to stay in place start of her business. She was
threatened verbally by the policeman.

The vendor may be occupying the streets illegally, but this does not justify the violation
of her rightful ownership of the unsold goods. It is basic in law that any property to be
seized must be properly identified, inventoried, documented and signed by the
confiscating officer for evidentiary purposes. Otherwise, the authorities can just
appropriate the confiscated merchandise for their own use. Even valuable books being
sold on Recto Avenue were confiscated by the authorities without the necessary
inventory receipt.
Philippine History and Constitution – Eastern Samar State University – College of Nursing
Page 18 of 18
References:

Naguit, Reynaldo Discourse on the 1987 Philippine Constitution c.2005 Trinitas

Pub.http://www.univie.ac.at/ksa/apsis/aufi/forbes/forbes55.htm

http://philippines.ahrchk.net/news/mainfile.php/leg_sel/15/

http://opinion.inquirer.net/inquireropinion/letterstotheeditor/view/20080714-148266/Streetvendors-rights-violated
Philippine History and Constitution – Eastern Samar State University – College of Nursing