ARTICLE III

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE

PHILIPPINES

ARTICLE III

BILL OF RIGHTS

Bill of Rights – also known as the “Charter of Liberty”. It is the declaration

and enumeration of a person’s basic rights and privileges which the
Constitution is designed to protect against violations by the
government.

Classes of Rights

a. Natural Rights – refers to rights possessed by every citizen

without being granted by the State for they are given to man by
God as human being.
b. Constitutional Rights – refers to rights which are conferred and
protected by the Constitution.
 Political Rights – rights of the citizens to give them the
power to participate, directly or indirectly. (Right of Suffrage
and Right to Information).
 Civil Rights – rights which the law will enforce at the
instance of private individuals for the purpose of securing to
them the enjoyment. (right to due process, Right of assembly,
Freedom of Speech etc.)
 Social and Economic Rights – refer to those rights which
are intended to insure the well-being and economic security of
the individual.
 Rights of the Accused – these are the civil rights intended
for the protection of a person accused of any crime, like the
right against unreasonable search and seizure, right to
presumption of innocence, right to speedy, impartial and
public trial, right to cruel or inhuman punishment.
c. Statutory Rights – refers to rights which are provided by laws
promulgated by the law-making body.

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.

2 Aspects of Due Process

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 a. Procedural Due Process – refers to the method or manner by
which the law is enforced. It has its application in judicial
proceedings, civil or criminal cases.
b. Substantial Due Process – requires the law itself. No deprivation
for arbitrary reasons or on flimsy grounds.

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.

a. Search Warrant is an order in writing issued in the name of

the People of the Philippines, signed by a judge and directed
to a peach officer.
b. Warrant of Arrest is written order of command to arrest a
person designated to take him into custody.

Requisites for Valid Search Warrant

a. Issued upon probable cause (facts and circumstances).
b. The probable cause must be determine by the judge himself.
c. Such determination of existence of probable cause must be
made after examination by the judge of the complainant and the
witnesses.
 The law prohibits the issuance of a search warrant for more
than one specific offense. “Warrantless of Arrest”.

Section 3. (1) The privacy of communication and correspondence shall be

inviolable except upon lawful order of the court, or when public safety
or order requires otherwise, as prescribed by law.

 Right of Privacy – defined as the right to be left alone or

right of a person to be free from undesired publicity.
 Writ of Habeas Corpus – is a judicial remedy available to
any individual whose rights to privacy, liberty, or security is
violated or threatened by an unlawful act or omission.

(2) Any evidence obtained in violation of this or the preceding section

shall be inadmissible for any purpose in any proceeding.

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Section 4. No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably to
assemble and petition the government for redress of grievances.

 Right of assembly – the right on the part of the citizens to

meet peaceably for consultation in respect to public affairs.
 Right of Petition – the right of any person or group of
persons to apply, without fear of penalty, to the appropriate
branch or office of government.


Section 5. No law shall be made respecting an establishment of religion or

prohibiting the free exercise thereof. The free exercise and enjoyment
of religious profession and worship, without discrimination or
preference, shall forever be allowed. No religious test shall be required
for the exercise of civil or political rights.

 Religious Freedom – refers to the right of a man to worship

God.

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.

 Liberty of Abode and Travel – refers to the right of a

person to have his home in whatever place chosen by him
and thereafter to change it at will, and to go where he
pleases.

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.

 Rights to Form Associations – refers to the freedom to

organize or to be a member of any group or association, union
or society.

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

3 great Powers (Totality of Government Power)

 Power of eminent domain
 Police power
 Power of taxation

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

 Obligation of a Contract – the law or duty which binds the

parties to perform their agreement according to its terms or
intent.

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.

Constitutional rights of the accused in criminal cases.

 The right to adequate legal assistance;
 The right, when under investigation for the commission of an
offense to be informed of his right to remain silent and to
have counsel;
 The right against the use of torture, force, violence, threat,
intimidation or any other means which vitiates the free will;
 The right against being held in secret, incommunicado¸ or
similar forms of solitary detention;
 The right to bail and against excessive bail;
 The right to due process of law;
 The right to presumption of innocence;
 The right to be heard by himself and counsel;
 The right to be informed of the nature and cause of the
accusation against him;
 The right to have a speedy, impartial and public trial;
 The right to meet the witnesses face to face;
 The right to have compulsory process to secure the
attendance of witnesses and the production of evidence in his
behalf;
 The right of self-incrimination;
 The right against detention by reason of political beliefs and
aspirations;
 The right against excessive fines;
 The right against cruel, degrading, or inhuman punishment;

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  The right against infliction of the death penalty except for
heinous crimes; and
 The right against double jeopardy.

Section 12. (1) Any person under investigation for the commission of an
offense shall have the right to be informed of his right to remain silent
and to have competent and independent counsel preferably of his own
choice. If the person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in writing and
in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means

which vitiate the free will shall be used against him. Secret detention
places, solitary, incommunicado, or other similar forms of detention
are prohibited.

(3) Any confession or admission obtained in violation of this or Section

17 hereof shall be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of
this section as well as compensation to and rehabilitation of victims of
torture or similar practices, and their families.

Section 13. All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before
conviction, be bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to bail shall not be
impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.

Section 14. (1) No person shall be held to answer for a criminal offense
without due process of law.

(2) 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.

Right to confrontation of witnesses.

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  Cross-examination of witnesses by the accused
 Assessment by the court of witness’ credibility.

Section 15. The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion when the public
safety requires it.

Section 16. All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.

“Justice delayed is Justice denied.”

Section 17. No person shall be compelled to be a witness against himself.

 Right against self-incrimination – no person shall be

compelled to be a witness against himself.

Section 18. (1) No person shall be detained solely by reason of his political
beliefs and aspirations.

(2) No involuntary servitude in any form shall exist except as a

punishment for a crime whereof the party shall have been duly
convicted.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. Neither shall the death penalty be
imposed, unless, for compelling reasons involving heinous crimes, the
Congress hereafter provides for it. Any death penalty already imposed
shall be reduced to reclusion perpetua.

(2) The employment of physical, psychological, or degrading

punishment against any prisoner or detainee or the use of substandard
or inadequate penal facilities under subhuman conditions shall be dealt
with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll

tax.

Section 21. No person shall be twice put in jeopardy of punishment for the
same offense. If an act is punished by a law and an ordinance,
conviction or acquittal under either shall constitute a bar to another
prosecution for the same act.

Section 22. No ex post facto law or bill of attainder shall be enacted.

 Ex post facto – after the fact

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  Bill of attainder – a legislative act which inflicts punishment
without a judicial trial.

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