ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES
Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the
people and all government authority emanates from them.
Section 2. The Philippines renounces war as an instrument of national policy, adopts the
generally accepted principles of international law as part of the law of the land and adheres to the
policy of peace, equality, justice, freedom, cooperation, and amity with all nations.
Section 16. The State shall protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature.
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 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be
impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in
the interest of national security, public safety, or public health, as may be provided by law.
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.
Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the
country where they were solemnized, and valid there as such, shall also be valid in this country, except
those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino
spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)
Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as
may be established by law.
Judicial power includes the duty of the courts of justice to settle actual controversies involving
rights which are legally demandable and enforceable, and to determine whether or not there has
been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government.
Section 5. The Supreme Court shall have the following powers:
1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers
and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and
habeas corpus.
2. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules
of Court may provide, final judgments and orders of lower courts in:
a. All cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
b. All cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto.
c. All cases in which the jurisdiction of any lower court is in issue.
d. All criminal cases in which the penalty imposed is reclusion perpetua or higher.
e. All cases in which only an error or question of law is involved.
3. Assign temporarily judges of lower courts to other stations as public interest may require.
Such temporary assignment shall not exceed six months without the consent of the judge
concerned.
4. Order a change of venue or place of trial to avoid a miscarriage of justice.
5. Promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts, the admission to the practice of law, the
integrated bar, and legal assistance to the under-privileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases, shall be
uniform for all courts of the same grade, and shall not diminish, increase, or modify
substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall
remain effective unless disapproved by the Supreme Court.
6. Appoint all officials and employees of the Judiciary in accordance with the Civil Service
Law.
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.
Section 21. The Senate or the House of Representatives or any of its respective committees may conduct
inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of
persons appearing in, or affected by, such inquiries shall be respected.
Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as
may be established by law.
Judicial power includes the duty of the courts of justice to settle actual controversies involving
rights which are legally demandable and enforceable, and to determine whether or not there has
been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government.
Section 14. No person shall be held to answer for a criminal offense without due process of law.
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 unjustifiable.
In an effort to declog the dockets of trial courts, specifically second-level trial courts or the Regional Trial
Courts (RTC) in the country, President Rodrigo Duterte signed into law Republic Act (RA) 11576, which
expanded the jurisdiction of the first-level trial courts, namely the Metropolitan Trial Courts, Municipal
Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts (collectively referred to as
MTC).
In passing the law, the legislature found that court congestion was mainly seen in the RTC where there
were a higher number of pending cases as compared to the first-level trial courts. Thus, the government
saw that expanding the jurisdictional threshold amount of the MTC can help in decongesting the court’s
dockets and further alleviate the problem of delay in disposition of cases.
RA 11576 amends the 40-year-old law, Batas Pambansa (BP) 129, or the Judiciary Reorganization Act of
1980, by adjusting the threshold values for civil cases under the jurisdiction of the MTC.
According to the Supreme Court (SC), the last time the jurisdictional amounts of trial courts nationwide
were adjusted was in 2004, when the amount in Sec. 33(1) of BP 129 for first-level trial courts outside of
Metro Manila was increased to P300,000. Since then, no further amendment to the jurisdictional
amounts of the first-level trial courts has been made.
With the passage of RA 11576, the SC affirmed that “the jurisdictional amounts of the trial courts have
now been adjusted to levels which are more suitable to the current economic conditions and property
valuation in the country.”
Actions involving title to, or possession of real property, or any interest therein
The newly-signed law increased the jurisdictional amount cognizable by the RTC in all civil actions which
involve the title to, or possession of, real property, or any interest therein from the previous amount of
P20,000 (or P50,000 in Metro Manila) to P400,000.
Note, however, that the law retains the original jurisdiction over cases for forcible entry into and
unlawful detainer of lands and buildings with the MTC.
Admiralty and maritime
RA 11576 also increased the jurisdictional amount cognizable by the RTC in all actions in admiralty and
maritime jurisdiction to P2,000,000 from the previous amount of P300,000 (P400,000 in Metro Manila).
Probate matters, testate and intestate
With respect to all matters of probate, both testate and intestate, the law also increased the
jurisdictional amount cognizable by the RTC to P2,000,000, from the previous amount of P300,000
(P400,000 in Metro Manila).
Other civil cases
Finally, RA 11576 increased the jurisdictional amount cognizable by the RTC in all other cases in which
the demand, exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses and
costs or the value of the property in controversy to P2,000,000 from the previous amount of P100,000.
SC’s authority to adjust the jurisdictional amounts
The new law also delegates to SC the authority to adjust the jurisdictional amount for first- and second-
level courts to: (1) reflect the extraordinary supervening inflation and deflation of currency; (2) reflect
change in the land valuation; or (3) maintain the proportion of caseload between first- and second-level
courts.
The law, however, provides that the delegated authority to the SC is without prejudice on the part of
Congress to adjust the amounts when the circumstances so warrant.
RA 11576, which was signed last 30 July and took effect last 21 August 2021, is prospective in nature and
shall only apply to all civil cases filed in the first- and second-level courts from the date of effectivity
thereof.
The law aims to not only declog the dockets of second-level courts but also to expedite the adjudication
of pending and incoming cases, which in turn would lead to a better administration of justice.
Section 17. No person shall be compelled to be a witness against himself.