“NATURAL LAW AS THE PHILOSOPHICAL FOUNDATION OF THE BILL OF RIGHTS” -Jethro Odoy

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Let me begin my argument by asking whether bill of rights exists because it is expressly written or simply because naturally it is the fundamental right that should be recognized even without a written instrument. 

In the history of the world, natural law has been expressly recognized by many civilizations as foundation to its laws, rules and constitutions. Great scholars and philosophers regarded this law as inherent in people and are not created by society or court judges. In fact, Bill of rights of many countries including the Philippines was founded by the recognition of natural laws and rights such as but not limited to right to life, liberty and property. This further extends to right to security and unreasonable searches and seizures. 

The Philippines, in its earliest stage and struggle in becoming an independent state, it was evident in all its constitutions the express provisions that seek to protect the individual rights of every Filipinos against the government. Hence, Bill of rights was there even before the independence of the Philippines from Spain and the United States. It can be traced then that our bill of rights originally has an influence from different early civilizations which in the same way recognize the fundamental and natural rights of human being, or natural law in general. 

Generally, Bill of rights is written in the constitution of a certain country, that is true in the case of the Philippines where constitution is regarded as the supreme law of the land and all laws must be aligned or must be in accordance with it. Some might argue that once a constitution is abrogated, it will cease to be in effect or in force. Hence, when circumstances arise and abrogate a constitution or recognize it null and void, what will happen to the bill of rights written with it? Can person still invoke the bill of rights even if the constitution was declared ineffective? 

Interestingly, the EDSA revolution can be considered as one of the greatest events in the Philippine’s history which asserts the supreme power of human rights and sovereign power of the people. Hence, after overthrowing the Marcos regime through people power and following the proclamation No. 1 of then President Cory Aquino, finally abrogating the 1987 constitution by the freedom constitution or provisional constitution did not put the bill of rights to an end. In fact, by asserting people power, it means recognizing fundamental and natural laws in its strictest form which include bill of rights. 

In the history of the Philippines’ constitution, the natural law is the source of the bill of rights. But while the constitution guarantees and protects the fundamental rights of the people, it should be stressed that it does not create them. Furthermore, bill of rights guarantees the preservation of our natural right. Hence, bill of rights exists simply because naturally it is the fundamental right that should be recognized even without a written instrument.

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