ARTICLE III: SECTION XIV

Article 3 Section 14 of the Philippine constitution is mainly focused on the right of the
people accused of breaking the law to depend himself in the jurisdiction and in due process.
After the process, only then will he be judged as innocent or guilty.
Due process in criminal cases is crucial because the life, liberty and property of the accused
are at stake. Confronted by the great machinery of the state, the accused is guaranteed certain
rights to insure that justice is served. It is a fundamental legal principle that no person shall be
held to answer for a criminal offense without due process of law. “Due process” in criminal
cases, simply means that the procedure established by law should be followed. If the procedure
fully protects life, liberty and property of the citizens in the state, then it will be held to be due
process. Legal awareness of due process in criminal cases is essential to all of us so we would
know- in case we ever get entangled in a criminal dilemma – of what to expect and what we
deserve.
In all criminal prosecutions, the accused shall be presumed innocent until the contrary is
proved. The principal effect of this guarantee is that no person shall be convicted unless the
prosecution has proved him guilty beyond reasonable doubt. The state, having the right to
declare what acts are criminal, has a right to specify what proof shall constitute presumptive
evidence of guilt, and then put upon the defendant the burden of showing that such act/s are
innocent and not committed with criminal intent.
They shall enjoy the right to be heard by himself and counsel. The general right to be heard
includes the right to be present at the trial, right to counsel, right to an impartial judge, right of
confrontation to challenge the accuser, and the right to compulsory process to secure the
attendance of witnesses for the benefit of the accused. The right to counsel is in recognition of
the fact that ordinary citizens have neither the professional skill nor legal experience to defend
themselves, when brought to trial. It is the duty of the judge to inform the accused that he has a
right to have counsel before being arraigned, to ask the accused whether he desires the aid of
counsel, if the accused desires to obtain legal services and the court must give him reasonable
time to do so, and lastly if the accused desires counsel but is unable to afford one, the court must
assign a lawyer appointed by the court as form of legal aid to the accused to assist him.
They have the right to be informed of the nature and cause of the accusation against him to
furnish the accused with such a description of the charge against him as will enable him to
prepare his defense. In order to avail himself of his conviction or acquittal for protection against
further prosecution and to inform the court of the facts alleged so that it may decide whether the
facts are sufficient in law to support a conviction.
They also have the right to have a speedy, impartial and public trial. The concept of the
speedy trial is necessarily relative, and determination of whether it has been violated must be
based on the balancing of various factors. The factors to consider are the length of delay, reason
for the delay, effort of the defendant to assert his right, and prejudice caused the defendant. An
impartial trial would include the objectivity of the prosecution, the judge and jury. All parties,
ideally, should not be influenced by their prejudices, and should remain detached from their
preconceptions, whether favorable or not to the accused. The purpose of the right to public trial
is to serve as a safeguard against any attempt to employ persecutory rather than prosecutor
methods against the accused. It is a public trial when attendance is open to all irrespective of
relationship to defendants. However, When the evidence to be presented may be characterized as
“offensive to decency or public morals”, the proceeding may be limited to friends, relatives and
counsel.
The purpose of the right to meet the witnesses face to face is to afford the accused the
opportunity to test the authenticity of the testimony of the witness by cross-examination, and to
allow the judge and jury to observe the behavior of the witness.
The right to have compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf is for the benefit of the defendant to gather all evidence
available that would prove his/her innocence. This is a safeguard against arbitrary or capricious
exercise of judicial power.

Yatco, Jaisa Janel S.

CONST003 – AR52FA2
 ARTICLE V : SUFFRAGE
Suffrage is the right and obligation to vote. It is a political right conferred by the
Constitution empowering a citizen to participate in the process of government which makes the
State truly democratic and republican. Section 1, Article V, however, provides that “suffrage
may be exercised…” thus, making it non-mandatory. Failure to exercise such right is not
punishable by law, but nonetheless makes a citizen irresponsible. In other words, suffrage is an
obligation but a non-mandatory one.
Suffrage is exercised not only during elections, but also during initiatives, referendums,
plebiscite, and recalls. Election is the means by which the people choose their representatives
who are entrusted the exercise of the powers of the government. Initiative is the means by which
people directly propose and enact laws, that is, they initiate the law-making process. Referendum
refers to process by which the people ratify or reject a law or part thereof referred or submitted to
them by the national or local law-making body. Plebiscite entails a process by which the people
either ratify or reject an amendment or revision to the Constitution. And recall is a mode of
removing an incumbent official from office by a vote of the people upon proper registration of a
petition signed by the required number of qualified voters. In all these instances, a qualified
citizen can rightfully exercise suffrage.
The importance of suffrage cannot be overemphasized as it is the bed rock of Philippine
democracy and republicanism. Removed, then the Philippines is no longer democratic and
republican. This is why the Constitution mandates the Congress “to provide a system for
securing the secrecy and sanctity of the ballot.” The mandate becomes especially important now
that the electoral base is broadened to include the illiterate and the disabled who are the usual
prey of unscrupulous politicians. Thus, to secure the very essence of Philippine democracy and
to protect the illiterates and disabled from being disenfranchised, the Constitution also provides
that “The Congress shall also design a procedure for the disabled and the illiterates to vote
without the assistance of other persons. Until then, they shall be allowed to vote under existing
laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the
ballot.”

Yatco, Jaisa Janel S.

CONST003 – AR52FA2
 ARTICLE VI: THE LEGISLATIVE DEPARTMENT
The word “legislative” is derived from the Latin “lex” which means “law”. In general,
legislative power refers to the power to make and unmake laws. Laws are rules or collection of
rules, whether written or unwritten, prescribed under the authority of a political society for the
common good. The “Legislative Department” is the law-making branch of the government.
Fundamentally, legislative power is an attribute of sovereignty, in that the Constitution
itself, the fundamental law of the State, is a legislation of the sovereign people. However,
through the Constitution, the people “delegated” the legislative power to the Congress of the
Philippines.
Legislative power as exercised by Congress manifests itself more specifically in the
Constitution as “power of appropriation”, “power of taxation”, and “power of concurrence”.
Appropriation means the authorization by law for the use of a certain sum of the public funds.
An appropriations law is necessary befor public funds may be spent by the government for its
projects. The government needs money in all its activities and projects so that the power of
appropriation, also known as the “power of the purse”, is said to be one of the most important
prerogatives of the Congress. The power of taxation, which is one of the inherent powers of the
state, is generally exercised by the legislative department, Taxation must be uniform, equitable,
and progressive. Any law passed by the Congress contrary to this provision is null and void. The
power of concurrence of the congress means no treaty can become binding and effective as a
domestic law without the two-thirds concurrence of the Members of the Senate
Article VI provides for the Legislative Department, its composition, powers and
functions. Initially, the 1935 Constitution establishes a unicameral National Assembly. However
in 1938, the National Assembly began deliberating the restoration of the Senate. As a result of an
amendment to the 1935 Constitution, a bicameral legislature was adopted in 1940. Consequently,
the legislative power resides in the two chambers of Congress, the Senate and the House of
Representatives. Among the powers of the legislature are to enact laws, to approve the
government’s budget, to confirm executive appointments, to investigate the executive branch and
to declare war. The qualifications and terms of office of Senators and Members of the House of
Representatives are likewise provided herein.

Yatco, Jaisa Janel S.

CONST003 – AR52FA2
 ARTICLE VII: EXECUTIVE DEPARTMENT
Executive power includes, first, the power to implement and administer the law, and
second, other powers necessary to carry out the same. That executive power is given to the
President alone makes him the most potent official in the government. But while much is given
to him, much is also expected. The limits of his awesome powers are structurally provided in the
Constitution to prevent irresponsible and despotic exercise thereof.
While executive power is given only to the President, the President can appoint
“Members of his Cabinet” whom the law considers as his “alter egos” (extensions of himself).
Under the doctrine of qualified political agency, the acts of the Members of the Cabinet are
deemed to be the acts of the President unless reprobated or altered by him. The Cabinet Members
are political agents of the President who help him discharge his powers and duties which alone
he cannot efficiently perform. They are the heads of the departments who serve as presidential
advisers. Just as the President has the power of control over them, he also has the power to
remove them, him being still the chief of administration.
Article VII provides for the Executive Department, its powers and functions. It
specifically provides that the executive power is vested in the President of the Philippines, The
President, the Vice-President, and the executive departments composed the Executive branch.
The qualifications and terms of office of the President and the Vice-President are provided
herein. The grounds for removal from office are likewise presented. The Executive powers
includes appointing heads of executive departments, offices and bureaus and top officers of the
Armed Forces; exercising general supervision over local governments; granting reprieves,
commutations and pardons; and making treaties with the concurrence of two-thirds of all
Members of the Senate. Most importantly, the Constitution declaration that the President is the
commander in chief of all armed forces makes civilian authority supreme over the military