Chapter 2

Review of Related Literature

This chapter presents a review of relevant literature from

local and international sources, contextualizing the study's

scope. It synthesizes insights from prior research, including

articles, books, journals, and other pertinent materials.

Conceptual Literature

According to the study conducted by Dixon, R. (2019), in

"The 1987 Constitution: A Charter for Transformation,

Accountability and Social Justice in the New Constitution," the

new Philippine constitution emerged from conflicting political

pressures. Upon taking office, Aquino established a

Constitutional Commission comprising members from the political

establishment, including former legislators and Supreme Court

justices. Notably, four members, including commission president

and former Supreme Court Justice Cecilia Muñoz-Palma, had ties

to the Aquino family, while five members belonged to pro-Marcos

political parties, and others represented the Catholic Church

and business sectors. Significantly, civil society actors

advocating for less privileged interests played a pivotal role

in drafting the constitution. Research at the time revealed that

nearly half of the constitutional commissioners had participated

in mass movements and protests on issues such as land reform,

conflict resolution, and gender equality. These non-traditional

members strongly advocated for political restructuring and

socio-economic reform during the commission’s deliberations.

Over five months, the Constitutional Commission engaged the

public through nationwide hearings and debated the draft text.

Following a national information campaign, a plebiscite to

ratify the constitution was held in February 1987, resulting in

strong majority approval. However, some scholars argue that this

approval reflected broader support for democracy’s restoration

rather than specific endorsement of the constitutional text. The

resulting document reflected the heterogeneous and contingent

nature of the People Power movement.

The 1987 Constitution includes robust provisions to

prevent presidential authoritarianism, reflecting the unified

demand for democratization. Key safeguards include a one-term

limit on the presidency and constitutional constraints on

martial law. Article II establishes the Philippines as a

democratic republic, affirming civilian authority's supremacy

over the military and limiting the executive branch's emergency

powers.

According to Dizon, J. (2018), the 1987 Constitution

strengthens the judiciary's power to check authoritarianism.

During the authoritarian era, the Supreme Court often invoked

the political question doctrine to avoid reviewing presidential

decisions that centralized power or eroded rights. The

Constitutional Commission deliberately narrowed this doctrine,

expanding the Supreme Court's judicial review powers to

determine whether any government branch had committed a grave

abuse of discretion. The 1987 Constitution also empowered the

Supreme Court to promulgate rules on constitutional rights,

pleading, practice, and procedure in all courts—a novelty in

Philippine constitutions. However, the Constitution reflects a

complex compromise between competing interests. While it

preserved the pre-authoritarian political system with a strong

presidency and bicameral legislature, it also incorporated

provisions on social and economic welfare, rights, and equity

influenced by reformist forces. This duality has led some

scholars to view the Constitution as both a product of

democratic aspirations and a limitation on the revolutionary

potential of the People Power movement.

According to the Philippine Law, in "The 1987 Constitution

of the Philippines: Provisions on Social Justice, Human Rights,

and Education," the Constitution enshrines key principles and

obligations. Article II (Declaration of Principles and State

Policies) emphasizes promoting general welfare, respecting human

rights, and advancing social justice. The state is tasked with

reducing poverty, protecting the right to health, and ensuring a

balanced ecology. Article XIII (Social Justice and Human Rights)

further outlines social justice duties, including reducing

inequalities, guaranteeing labor rights, and providing decent

housing for the poor. The state is also obligated to prioritize

health and social services for vulnerable groups. Article XIV

recognizes education as a right, mandating quality education,

free public elementary and high school education, and inclusive

education for marginalized groups. Article XV protects

children's rights and family welfare, including the right to a

living wage.

Foreign Literature

​ According to Harisman (2021), the term "constitution" has

linguistic roots reflecting its foundational role in legal

systems. The English term "constitution" derives from Latin

"constitutio," meaning "body composition." Similarly, the French

use "constituer," while the Dutch term "grondwet" combines

"grond" (basic) and "wet" (law). In German, it's "verfassung."

Mahmassani notes that the Latin "constituo" initially described

Roman imperial decrees (Constitution principum) and later

denoted constitutional law in Italy (diritto costituzionale),

spreading across Europe. The Arabic "dustur," originating from

Persian, referred to a king's legal code and was later adapted

by the Ottoman Empire.

 The Medina Charter of 622 AD, established by Prophet

Muhammad, is considered one of the earliest written

constitutions, governing political, human rights, and public

affairs in the nascent Islamic state of Medina. This document

underscores the importance of a constitution as the foundation

of a nation's legal and political structure. In modern contexts,

the 1945 Indonesian Constitution holds the highest authority in

the nation's legislative framework, ranking above other laws as

outlined in Article 7, paragraph (1) of Act No. 12 of 2011. The

constitution provides fundamental legal norms and serves as a

guide for citizens in their civic lives. According to Solly

Lubis, a constitution defines the structure and functioning of

state institutions and the relationship between government and

citizens, making constitutional awareness critical for

understanding rights and obligations within the state.

The 1945 Indonesian Constitution embodies the collective

agreement of the Indonesian people, upholding the principle of

constitutional supremacy, which is essential for a democratic

state governed by the rule of law. Constitutional rights,

distinct from general human rights, are specifically guaranteed

to citizens within the Constitution. In Indonesia, certain

rights are exclusive to citizens, such as those outlined in

Article 28 of the Constitution, including participation in

elections, holding public office, and legal recourse against

unconstitutional government actions. While human rights are

universal, constitutional rights apply specifically to citizens

and may differ from international human rights conventions.

Realizing constitutional rights requires a collective commitment

from both the government and citizens to uphold the rule of law

and protect the constitutional framework.

A study in Indonesia shows that incorporating human rights

provisions into the 1945 Constitution doesn't guarantee full

understanding or implementation. Human rights issues persist,

requiring attention from the state, government, communities, and

individuals. The constitutional amendments clearly outline human

rights obligations, emphasizing respect, protection, and

fulfillment.

Human rights protected in the amended 1945 Constitution are

closely linked to fundamental individual rights and citizens'

rights. However, distinguishing between these categories can be

challenging due to differences in classification and

arrangement. This paper explores measures to protect human

rights as outlined in the amended Constitution. The study

identifies two categories of constitutional rights: human

rights, inherent to all residents, and citizens' rights,

specific to citizens. While citizens' rights are limited to

citizens, they are still considered human rights. These

categories are addressed in different sections of the amended

Constitution.

Human rights are covered in Articles 28A-28J, while

citizens' rights are outlined in Articles 27, 29(2), 30(1), 31,

33, and 34. The inclusion of both rights in the amended

Constitution obligates the state to protect and fulfill them.

This can be achieved through: upholding democratic rule of law,

ensuring regulatory frameworks via legislation, respecting

others' human rights, and applying accountability principles to

the state, government, and individuals.

According to Prihandono et al. (2018), awareness of

constitutional rights among Indonesian citizens is crucial,

given the government's inadequate performance in delivering

justice. Enhancing this awareness can empower citizens to seek

justice effectively through both court and non-court mechanisms.

The study references Article 1(3) of the 1945 Constitution,

establishing Indonesia as a State of Law governed by laws that

uphold justice and human rights. Citing Friedrich Julius Stahl,

the study emphasizes fulfilling basic human rights and suggests

that a constitution must be dynamic to protect these rights

effectively. The study also explores court and non-court

mechanisms for protecting constitutional rights, particularly

enhancing the Constitutional Court's role, and proposes

expanding its authority to handle constitutional complaints and

questions for stronger protection of citizens' rights.

A comparative study by Mendy, O. (2023) examines

constitutional rights in Gambia and Indonesia, focusing on the

effectiveness of enforcing these rights within each country's

framework. Both nations demonstrate varying degrees of

commitment to upholding constitutional rights, also known as

bills of rights.

The study employed empirical and normative research

methods, drawing from primary sources such as constitutions,

legislation, and court cases. Despite constitutional provisions,

the enforcement of rights is often compromised by political

changes. In Indonesia, the Constitutional Court faces

limitations from the House of Representatives and the Executive,

while in The Gambia, there are instances of non-compliance with

High Court orders. The study concludes that strengthening

institutions responsible for upholding constitutional rights

requires greater freedom from legislative, executive, and

judicial influences, advocating for a citizenship-based approach

to enhance enforcement and foster respect for these rights.

Kandpal and Pawar's (2021) study, "Investigations on Human

Rights Awareness among [Link] Level Prospective Teachers based on

Demographic and Academic Characteristics," emphasizes the

importance of human rights awareness in education. The study

investigates human rights awareness among 80 [Link] students at

S.S.J. University, Almora, Uttarakhand, based on demographic and

academic factors. Using a self-made Human Rights Awareness

Questionnaire, the study finds that female, rural, Arts-stream,

unmarried, and postgraduate students exhibit higher awareness,

likely due to exposure to subjects like History, Sociology, and

Political Science.

Additionally, female teacher trainees' higher awareness

may stem from their upbringing and parental emphasis on

education. However, the study highlights a lack of structured

human rights education in universities, with fundamental rights

introduced only at the secondary level. This underscores the

need for formal human rights programs to empower teachers to

advocate for their rights and those of their students.

Similarly, Isaac Eshun's (2023) study at the University of

Education, Winneba, found that students, particularly those

studying Social Studies and Political Science, demonstrated high

human rights awareness, influenced by relevant courses,

seminars, and school policies. While students showed strong

understanding of the right to life, awareness of the right to a

speedy trial was moderate. The study suggests that human rights

courses and educational activities significantly improve

awareness and understanding.

Local Literature

Julius Ortega Espiritu's (2019) study assessed human rights

awareness among junior high school students at Ramon Avancena

High School using a descriptive-survey design. The study found

that students were highly aware of both the privileges and

responsibilities associated with their civil and political

rights.

However, students showed moderate awareness in areas like

non-payment of debts, compulsory labor, involuntary servitude,

arbitrary detention, and asylum. The study recommends

integrating human rights education, covering civil, political,

economic, social, and cultural rights, into Araling Panlipunan 9

and 10. Suggested implementation includes seminar-workshops and

using the questionnaire as a diagnostic and achievement test.

Research on the constitutional rights of citizens in the

Philippines by Saguisag, R. V. (2016) is often conducted through

legal, political, and social lenses. Here are some key local

studies and areas of focus that examine these rights: Human

Rights and Constitutional Protections Many studies focus on how

the Philippine Constitution guarantees civil, political,

economic, social, and cultural rights. These rights are

enshrined in the 1987 Constitution under the Bill of Rights

(Article III), which covers issues such as the right to life,

liberty, property, freedom of speech, and protection against

arbitrary arrest or detention. A notable study in this area is

by Prof. Rene V. Saguisag, a former Senator and human rights

advocate, who often writes about the implementation and

limitations of these rights in the Philippine context. The Right

to Due Process and Equal Protection Several local studies

examine the importance of due process and equal protection under

the law in ensuring that citizens' constitutional rights are

upheld. These studies often critique the implementation of laws,

such as those regarding "extrajudicial killings," or those

concerning counterinsurgency programs that may violate rights

guaranteed by the constitution. Academic articles, legal

analyses, and research reports from human rights organizations,

such as Karapatan, explore how these rights are sometimes

overlooked. Impact of Martial Law on Constitutional Rights Some

local studies examine the historical impacts of martial law

under former President Ferdinand Marcos, especially regarding

the suspension of civil liberties, forced disappearances, and

torture. These studies often include legal analyses and

historical accounts, showing how the protection of

constitutional rights during martial law was undermined. The

works of Dr. Alfred W. McCoy, for instance, have explored the

legacy of martial law on Philippine democracy and citizens’

rights. The Right to Privacy in the Digital Age With the growing
use of digital technologies, there are studies exploring the

right to privacy in the context of emerging issues such as

surveillance, online data protection, and the Anti-Cybercrime

Law. Research from local scholars like Dr. Edward Y.

Campos discusses how the constitution’s guarantee of privacy is

often challenged by new legislation, particularly in the face of

terrorism threats or law enforcement access to online

activities. Freedom of Expression and Press Freedom Studies on

the right to freedom of expression and press freedom often focus

on how the Philippine government has handled media freedom,

particularly in the era of President Rodrigo Duterte, when

critics of the administration faced harassment or even violence.

Scholars often cite high-profile cases like that

of Rappler or Maria Ressa in illustrating the challenges faced

by journalists in protecting constitutional rights. These

studies also analyze the role of the media in safeguarding

citizens' rights to free speech. Legal and Institutional Efforts

to Strengthen Citizens' Rights Some studies analyze the work of

key institutions, such as the Commission on Human Rights (CHR),

which plays a crucial role in investigating violations of

constitutional rights and holding violators accountable.

Scholars also look at the role of the Supreme Court in

protecting citizens’ rights through landmark cases such as Tijam

v. Sibonghanoy, which focused on due process and judicial

review. Youth and Constitutional Awareness Local studies also

focus on the level of awareness among young Filipinos regarding

their constitutional rights. These studies often explore the

role of civic education programs in schools and universities, as

well as non-governmental initiatives aimed at raising awareness

of the Bill of Rights among citizens. Citizens' Right to Vote

The right to vote is a core constitutional right in the

Philippines, and studies have been conducted on voter education,

electoral integrity, and access to the voting process. Research

often addresses issues such as voter registration,

disenfranchisement, and the use of technology in elections,

particularly during the automated elections introduced in 2010.

Theoretical Framework

This study is anchored in John Locke's Theory (1689), which

profoundly impacted modern constitutional rights. Locke's

natural rights theory shaped liberal democracy, individual

freedoms, and the rule of law. He believed that individuals

inherently possess inalienable rights to life, liberty, and

property, which exist independently of government and must be

protected by it.

Locke's political philosophy, particularly his theory of

natural rights and the social contract, underpins modern

constitutional frameworks, including the U.S. Constitution. His

concept of natural rights informs constitutional protections,

evident in documents like the U.S. Bill of Rights, which

safeguards freedoms such as speech and due process. Locke's idea

that governments derive legitimacy from protecting fundamental

rights and operating with checks and balances remains vital to

modern constitutional systems.

Locke's political theory centers on the social contract,

where individuals consent to form a government to escape the

uncertainties of an unregulated life, granting authority in

exchange for protection of their natural rights. If the

government fails to uphold these rights, Locke argued that

citizens are justified in altering or overthrowing it. This idea

is reflected in constitutional frameworks that allow for

amendments and reforms. The principle of "consent of the

governed" is central to Locke's philosophy, evident in modern

democracies' emphasis on voting rights, free elections, and

public participation in constitutional processes.

Locke's philosophy emphasizes the rule of law, ensuring

that all individuals, including those in power, are subject to

the law. He advocated for protecting individual rights from

arbitrary state actions, a principle reflected in constitutional

protections like habeas corpus and due process. Locke's ideas

remain relevant in discussions on civil liberties, privacy

rights, and government surveillance, supporting arguments

against authoritarianism and reinforcing the importance of

limiting government authority. His theory of natural rights,

social contract, and consent of the governed continues to shape

constitutional rights and ensure government accountability.

Conceptual Framework

This study investigates the level of awareness of

constitutional rights among residents of Tigbauan, Iloilo,

examining the relationship between variables outlined in the

diagram below.
Research Paradigm

Independent Variable Dependent Variable

Figure 1: The Schematic Diagram of the Study Showing the

Relationship of Independent and Dependent Variables.