What are the importance of the Bill of Rights in the 1987 Philippine Constitution?

The rights of Filipinos can be found in Article III of the 1987 Philippine Constitution. Also called the Bill of
Rights, it includes 22 sections which declare a Filipino citizen's rights and privileges that the Constitution
has to protect, no matter what.

What is Bill of Rights in the Philippines explanation?

ARTICLE III of the Philippine Constitution is the Bill of Rights. It. establishes the relationship of the
individual to the State and defines. The rights of the individual by limiting the lawful powers of the State.

Section 7. The right of the people to information on matters of public concern shall be recognized. Access to
official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to
government research data used as basis for policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.

Section 8. The right of the people, including those employed in the public and private sectors, to form unions,
associations, or societies for purposes not contrary to law shall not be abridged.

Section 9. Private property shall not be taken for public use without just compensation.

Section 10. No law impairing the obligation of contracts shall be passed.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied
to any person by reason of poverty.

SEKSYON 7. Dapat kilalanin ang karapatan ng taong-bayan na mapagbatiran hinggil sa mga bagay-bagay na
may kinalaman sa ating lahat. Ang kaalaman sa mga opisyal na rekord, at sa mga dokumento at papeles tungkol
sa mga opisyal na gawain, transaksyon, o pasya, gayon din sa mga datos sa pananaliksik ng pamahalaan na
pinagbabatayan ng patakaran sa pagpapaunlad ay dapat ibigay sa mamamayan sa ilalim ng mga katakdaang
maaaring itadhana ng batas.

SEKSYON 8. Hindi dapat hadlangan ang karapatan ng mga taong-bayan kabilang ang mga naglilingkod sa
publiko at pribadong sektor na magtatag ng mga asosasyon, mga unyon, o mga kapisanan sa mga layuning hindi
lalabag sa batas.

SEKSYON 9. Ang mga pribadong ari-arian ay hindi dapat kunin ukol sa gamit pambayan nang walang
wastong kabayaran.

SEKSYON 10. Hindi dapat magpatibay ng batas na sisira sa pananagutan ng mga kontrata.

SEKSYON 11. Hindi dapat ipagkait sa sino mang tao ang malayang pagdulog sa mga hukuman at sa mga
kalupunang mala-panghukuman at sapat na tulong pambatas nang dahil sa karalitaan.
Section 7. The right of the people to information on matters of public concern shall be recognized. Access to
official records, and to documents, papers pertaining to official acts, transactions, or decisions as well as to
government research data used as the basis for policy development, shall be afforded the citizen, subject to such
limitations as may be provided by the constitution.

Rationality of the right

The 1973 Philippine Constitution stated these:
 It is in consonance with the principle of popular sovereignty. In a democratic society, the sovereign
people have the right of access to the records of their government.

 It will enable the people to participate more effectively in governmental affairs especially in questioning
the acts of the authorities;

 It will make fiscalization of government more factual, responsible, and effective;

 It will provide a deterrent to the commission of venalities because of the resulting awareness of officials
that their acts will be exposed to the full light of public scrutiny; and

 It will reduce public suspicions of officials and thus foster rapport and harmony between the government
and the people.

Scopes of the right

1. The right embraces all public records.
2. It is limited to citizens only but is without prejudice to the aliens to have access to records of cases where
they are litigants.
3. Its exercise is subject to such limitations as may be provided by law.

Limitations of the right

It is recognized that records involving the security of the state or which are confidential in character should be
exempted.

Some of these instances include:

1. Income tax returns the National Internal Revenue Code.
2. Conditions or business of banks under the Central Bank.
3. Accounts pertaining to military intelligence funds; certain army records; and disbarment proceedings.
Section 8. The right of the people, including those employed in the public and private sectors, to form unions,
associations, or societies for purposes not contrary to law, shall not be abridged.

Meaning of the right to form associations

The right to form associations is the freedom to organize or to be a member of any groups or associations,
union, or society and to adopt the rules which the members judge most appropriate to achieve their purpose.
With or without the above provision, it may be assumed that this right exists.
The right to join an association includes the right to leave and cancel his membership with the said organization
or to abstain from joining one.

Limitation on the right

The right to form associations or societies may be abridged or interfered with by the state in the exercise of its
police power. This is the meaning of the phrases “for purposes not contrary to law.”
Even without the qualification, however, it is deemed to exist by the inherent power of the State to protect and
preserve its existence. But unless an association or society could be shown to create an imminent danger to
public order, public peace, public morals, or public safety, there is no justification for abridging the right to
form unions, associations, and societies.
Section 9. Private property shall not be taken for public use without compensation. The right of the power of
the state or of those to whom power has been lawfully delegated to take (or expropriate) private property for
public use upon paying the owner a just compensation to be ascertained according to the law is called eminent
domain.

Limitations and/ or conditions of the practice

 Existence of public use
 Payment of just compensation
 Observance of due process of law in the taking

Existence of public use

Public use may be identified with “public benefit,” “public utility,” or “public advantage.” It may be
identified with whatever is beneficially employed for the community. But the expropriation of a lot for the
benefit of a few families is not a lawful exercise of eminent domain as it is devoid of any consideration of
public use or advantage.

Payment of just compensation

Under the Local Government Code, the amount to be paid for the expropriated property shall be determined
by the proper court, based on the fair market value at the time of the taking of the property. The owner may
contest in court the value determined by the assessor.

Observance of due process of law in the taking

Procedural due process requires that the owner shall have due notice and hearing in the expropriation
proceedings.
Section 10. No law impairing the obligation of contracts shall be passed.

Meaning of obligation of a contract

The obligation of a contract is the law or duty which binds the parties to perform their agreement according
to its terms or intent, if it (agreement) is not contrary to law, morals, good customs, public order, or public
policy.

Freedom to contract not absolute

The freedom of contract is necessarily limited by the exercise of the police power of the State in the interest
of general welfare, and especially in view of the explicit provisions in the Constitution with reference to the
promotion of social justice.
Thus, the abolition of share tenancy, as well as the introduction by compulsion of the leasehold system
tenancy, has been sustained in the valid exercise of police power, share tenancy has been sustained in the
valid exercise of police power, share tenancy being recognized as the root cause of the land problems and
agrarian unrest in the country.
Section 11. Free access to the courts and quasi-judicial bodies and adequate shall not be denied to any person
by reason of poverty.

The constitutional rights of the accused in criminal cases

1. The right to adequate legal assistance;
2. The right, when under investigation for the commission of an offense, to be informed of his right to remain
silent and to have counsel;
3. The right against the use of torture, force, violence, threat, intimidation, or any other means which vitiates the
free will;
4. The right against being held in secret, incommunicado, or similar forms of solitary detention
5. The right to bail and against excessive bail;
6. The right to due process of law
7. The right to presumption of innocence
8. The right to be heard by himself and counsel;
9. The right to be informed of the nature and cause of the accusations against him;
10. The right to have a speedy, impartial, and public trial;
11. The right to meet the witnesses face to face
12. The right to have compulsory process to secure the attendance of witnesses and the production of evidence
in his behalf
13. The right against self-incrimination
14. The right against detention by reason of political beliefs and aspirations
15. The right against excessive fines
16. The right against cruel, degrading, or inhuman punishment;
17. The right against infliction of the death penalty except for heinous crimes; and
18. The right against double jeopardy.

Reasons for constitutional safeguards

1. A criminal case, an unequal contest. –For one thing, every criminal case is a contest between an
individual and the government. It is of necessity an unequal contest because the parties are of unequal
strength. The government is very powerful. It is the repository of the enormous power of organized
society. To reduce the possibilities of injustice, the Constitution seeks to redress the imbalance between
these parties by guaranteeing the accused the right to an impartial trial, the privilege of cross-
examination, and other procedural safeguards.

2. Criminal accusation, a very serious matter – Moreover, experience teaches that it is a grave matter for
the government formally to accuse a man of having committed a crime. The defendant, by being merely
accused, may find himself in immediate trouble, whether guilty or not. He may lose his job or be
suspended from its pending trial. His reputation is under an immediate cloud. The accused, therefore,
needs every possible opportunity to establish his innocence, as soon, as publicly, and as decisively, as
possible.

3. Protection of innocent, the purpose – The purpose then is not to coddle wrongdoers or to protect the
guilty but to assure that truth will be discovered and that justice, which is the very end of government,
will be done. Under the Constitution, the acquittal of the innocent is given more importance or
preference than the conviction of the criminal. Indeed, in a criminal prosecution, the interest of the
government is not that it shall win a case, but that justice shall prevail. For as Roman praetor said: “It is
better that a thousand guilty men be free than one innocent man be deprived of his life or liberty.”