1987 Constitution

Article 2 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.
Strengthening the Family as a basic autonomous social
institution
1. Given constitutional basis to the family as a basic autonomous
social institution
2. Mandates the state to recognize sacredness of family life and
strengthen the family
a. Cannot enact any law or measures that would break up or
weaken the family
Right to life of the unborn from conception
1. Commencement of life- begin from the moment of conception.
2. Female egg and sperm egg merge at fertilization
a. From this moment, he/she has basic right to life
b. Ban on abortion
3. Saving life of the mother- life should equally be protected
a. Sacrifice to save life of the mother over fetus is NOT
abortion
Rearing of the youth for civic efficiency and development of
moral character
1. Duty of both parents and government- common welfare depends
on the training of tomorrows citizens
a. Right of the state to interfere with education of children
i. Power of the state to regulate schools
ii. See if obligations of parents are fulfilled
iii. Encourage educational institutions
Article 2, 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
Role of Women in nation-building
1. Proven capabilities of Filipino women
a. History shows that women have proven their capabilities in
all fields of human endeavor
2. Expansion of womens role

a. They have a greater role than just being good wives and
teachers
b. Constitute more than of the populationpowerful
political and economic force
3. Equality with men before the law
a. Men and women are fundamentally equal. Positions of
responsibility and authority in corporate and political life
continue to be denominated by men
b. Duty of the state to ensure equality before the law in all
aspects of national life
Article 3, Section 1
No person shall be deprived of life, liberty of property
without due process of law, nor shall any person be denied the
equal protection of the laws
Meaning of due process of law
1. No clear definition
2. Deprivation of life, liberty or property done under
a. Authority of a law that is valid (not contrary to constitution)
b. Compliance with fair and reasonable methods of procedure
prescribed by law
3. Aspects of due process of law
a. Procedural due process: Method or manner by which law is
enforced (requirement of notice, hearing)
b. Substantive due process - requires the law itself, no
arbitrary reasons or flimsy grounds
Procedural due process
1. In judicial proceedings (conducted before courts of justice)requires
a. Impartial court
b. Jurisdiction
c. Opportunity for defendant to be heard
d. Judgment rendered after lawful hearing
2. Administrative proceedings (heard by bodies, agencies, or
offices)
a. Notice and hearing may be dispensed due to practical
reasons (suspended employee pending an investigation)
b. Sufficient opportunity is given later to the individual to
appeal to authorities, court, superior administrative
Article 15

Section 1: The state recognizes the Filipino family as the foundation

of the nation. Accordingly, it shall strengthen its solidarity and actively
promote its total development
Concept of family
1. Group of persons tied together by marriage or blood
2. Restricted sense: group formed by spouses and children
Importance of the family to the state
1. Basic social institution- family provides basic unit of the state.
a. Origin of change or reform. If you cannot find these values
in the family, you cant expect to find them outside
2. Communitys first socializing agency
a. Child learns obedience, cooperation, respect, love, mutual
support etc
b. Likely to be practiced in communities
Section 2: Marriage, as an inviolable social institution, is the
foundation of the family and shall be protected by the state
Concept of marriage (2 meanings)
1. Ceremony by which man and woman become husband and wife
2. State being married
a. Marriage is both a contract and a status
Marriage, the foundation of the family
1. Play the indispensable role o developing our society and properly
educating its members
Section 3: The state shall defend:
1. The right of spouses to found a family in accordance with their
religious convictions and demands of responsible parenthood
2. The right of children to assistance including proper care and
nutrition, and special protection from all forms of neglect, abuse,
cruelty, exploitation, and other conditions prejudicial to their
development
3. The right of the family to a family living wage and income
4. The right of families or family associations to participate in the
planning and implementation of policies and programs that
affect them
Rights of Spouses
1. Prohibit state interference to determine size of their own family
depending on religious convictions
2. Responsible parenthood- not have more children that they could
support and educate
Right of children
1. Stop to all forms of neglect, abuse, exploitation of the child
Right of the family
1. Entitled to a decent home, sanitary food, clothing, medical care

2. It should have the financial capacity to educate children at least

up to HS and save for emergencies
Right of families or family associations
1. Right of people to participate at all levels of social, political, and
economic decision-making in matters affecting sectors they
represent
Section 4: The family has the duty to care for its elderly members,
but the State may also do so through programs of social security
1. Duty to render mutual aid (moral, material) to each other
2. Enduring Filipino values is devotion to family ties
3. Some financial needs make it hard to care for the elderlyexisting laws grant benefit for the sick (social security)
4. Love, respect and care for elders
a. In their productive years they produced resources needed
for our survival
b. Many are retired experts in areas that are vital to the
countrys socio-economic pursuits
c. Grandparents act as surrogate parents