Gender and Land Rights Database


Rights entrenched in the Constitution

The Constitution, adopted in 1987: 

  • Article 2 (13):  The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men
  • Article 3 (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.”
  • Article 3 (9) states that private property shall not be taken for public use without just compensation.
  • Article 12 (5): the State protects the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being.
  • Article 13 (1) stipulates that the State shall regulate the acquisition, ownership, use, and disposition of property according to principles of equity, and reducing social, economic, political and cultural inequalities.
  • Article 13 (4) states that the State shall undertake an agrarian reform programme founded on the right of farmers and landless people to own land directly or collectively. The State shall also encourage the just distribution of all agricultural lands taking into account equity considerations. The State shall provide incentives for voluntary land-sharing.
  • Article 13 (5): “The State shall recognize the right of farmers, farmworkers, and landowners, as well as cooperatives, and other independent farmers' organizations to participate in the planning, organization, and management of the program, and shall provide support to agriculture through appropriate technology and research, and adequate financial, production, marketing, and other support services.”
  • Article 13 (6): “The State shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands. The State may resettle landless farmers and farmworkers in its own agricultural estates which shall be distributed to them in the manner provided by law.”
  • Article 13 (8): “The State shall provide incentives to landowners to invest the proceeds of the agrarian reform program to promote industrialization, employment creation, and privatization of public sector enterprises. Financial instruments used as payment for their lands shall be honored as equity in enterprises of their choice.”
  • Article 13 (14): “The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.”
  • Article 15 (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.”
  • Article 15 (2) recognizes marriage as an inviolable social institution and as the foundation of the family and provides for its protection (12).