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Bill of Rights throughout the PH Constitutions

1987 ARTICLE III THE 1899 MALOLOS CONSTITUTION MCKINLEY’S INSTRUCTIONS PHILIPPINE ORGANIC ACT OF 1902 JONES ACT OF 1916 under Section 3
No person shall be deprived of life,
liberty, or property without due process
of law.
Section 5. That no law shall be enacted a. Due process and eminent domain.―
That if it becomes necessary for the
Section 1. No person shall be deprived in said Islands which shall deprive any That no law shall be enacted in said
public interest of the people of the
of life, liberty, or property without due person of life, liberty, or property Islands which shall deprive any person of
islands to dispose of claims to property
process of law, nor shall any person be without due process of law, or deny to life, liberty, or property without due
which the commission finds to be not
denied the equal protection of the laws. any person therein the equal protection process of law, or deny to any person
lawfully acquired and held disposition
of the laws. therein the equal protection of the laws.
shall be made thereof by due legal
procedure, in which there shall be full
opportunity for fair and impartial
hearing and judgment
Section 2. The right of the people to be Article 10. Nobody can enter the place That the right to be secure against (h) Unreasonable searches.―That the
secure in their persons, houses, papers, of residence of any Filipino or foreign That the right to be secure against unreasonable searches and seizures right to be secured against unreasonable
and effects against unreasonable resident in the Philippines without his unreasonable searches and seizures shall not be violated. searches and seizures shall not be
searches and seizures of whatever consent, except in urgent cases of fire, shall not be violated; violated.
nature and for any purpose shall be flood, earthquake or any similar danger,
inviolable, and no search warrant or or of unlawful aggression coming from
warrant of arrest shall issue except upon within, or in order to help any person
probable cause to be determined who therein asks for help. Other than
personally by the judge after these cases, entry into the place of
examination under oath or affirmation residence of any Filipino or foreign
of the complainant and the witnesses he resident in the Philippines, and
may produce, and particularly searching his papers or effects can be
describing the place to be searched and ordered only by a competent court and
the persons or things to be seized. be executed only in daytime.

The search of papers and effects shall


always be made in the presence of the
person concerned or any member of his
family and, in their absence, of two
witnesses from the same neighborhood.
However, should a delinquent caught in
fraganti and pursued by the authorities
through their agents take refuge in his
place of residence, these agents can
enter therein for the sole purpose of
carrying out the arrest. Should the
delinquent seek refuge in another
person’s house, permission must be first
obtained from its owner.

Article 12. In no way shall any


Section 3. correspondence entrusted to the post
(1) The privacy of communication and office or any message sent through
correspondence shall be inviolable telegraph or telephone be withheld or
except upon lawful order of the court, opened by government authorities.
or when public safety or order requires
otherwise, as prescribed by law. However, by virtue of an order from a
competent court, a correspondence may
(2) Any evidence obtained in violation of be withheld, and whatever message
this or the preceding section shall be sent through the postal system may be
inadmissible for any purpose in any opened in the presence of a defendant.
proceeding.

Article 20. Neither shall any Filipino be


denied:
1. Of the right to freely express
his ideas and opinions, be they
orally or in writing, through the
use of print or any other similar (j) Freedom of speech.―That no law
Section 4. No law shall be passed means; shall be passed abridging the freedom of
That no law shall be passed abridging That no law shall be passed abridging
abridging the freedom of speech, of 2. Of the right of association for the freedom of speech or of the press, the freedom of speech or of the press,
speech or of the press, or the right of
expression, or of the press, or the right all purposes of human life that the people peaceably to assemble and
or the rights of the people to peaceably or the right of the people peaceably to
of the people peaceably to assemble not contrary to public morals; petition the Government for redress
assemble and petition the Government assemble and petition the Government
and petition the government for redress and lastly, grievances.
for a redress of grievances; for redress of grievances.
of grievances. 3. Religion
4. Of the right to address a
petition, whether individually
or collectively, to public powers
and authorities. The right to
petition shall in no way be
exercised by means of arms.
Section 5. No law shall be made Article 5. The State recognizes the That no law shall be made respecting an That no law shall be made respecting an (k) Freedom of religion.―That no law
respecting an establishment of religion, freedom and equality of all beliefs, as establishment of religion, or prohibiting establishment of religion or prohibiting shall be made respecting an
or prohibiting the free exercise thereof. well as the separation of Church and the free exercise thereof, and that the the free exercise thereof, and that the establishment of religion or prohibiting
The free exercise and enjoyment of State. free exercise and enjoyment of religious free exercise and enjoyment of religious the free exercise thereof, and that the
religious profession and worship, profession and worship without profession and worship, without free exercise and enjoyment of religious
without discrimination or preference, discrimination or preference shall discrimination or preference, shall profession and worship, without
discrimination or preference, shall
forever be allowed. forever be allowed; and no religious test
shall be required for the exercise of civil
No form of religion and no minister of or political rights. No public money or
religion shall be forced upon any property shall ever be appropriated,
shall forever be allowed. No religious community or upon any citizen of the applied, or used, directly or indirectly,
test shall be required for the exercise of islands; that upon the other hand no forever be allowed. for the use, benefit, or support of any
civil or political rights. minister of religion shall be interfered sect, church, denomination, sectarian
with or molested in following his calling, institution, or system of religion, or for
and that the separation between state the use, benefit, or support of any
and church shall be real, entire, and priest, preacher, minister, or other
absolute. religious teacher or dignitary as such.

Article 11. No Filipino can be compelled


to change his place of residence except
by virtue of an executory order.

Article 16 Nobody shall be denied of his


property and rights whether temporarily
or permanently, or be disturbed in the
possession of the same, except by virtue
Section 6. The liberty of abode and of
of a judicial sentence.
changing the same within the limits
prescribed by law shall not be impaired
Government officials who, under any
except upon lawful order of the court.
pretext, infringe this provision shall be
Neither shall the right to travel be
held personally responsible for
impaired except in the interest of
whatever damage caused.
national security, public safety, or public
health, as may be provided by law.
Article 25 Any Filipino who is in the full
enjoyment of his political and civil rights
cannot be prevented from leaving the
territory freely, nor can he be hindered
from transferring his residence and
properties to a foreign country, except
when he is required to render military
service or maintain public charges.
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.
Sec. 74 Provided, that no private
property shall be taken for any purpose
under this section without just
compensation paid or tendered
therefore, and that such authority to
take and occupy land shall not authorise
the taking, use, or occupation of any
land except such as is required for the
Private property shall not be taken for
actual necessary purposes for which the
public use without just compensation.
franchise is granted, and that no
Section 9. Private property shall not be franchise, privilege, or concession shall a.) xxx Private property shall not be
If the same public interests require the
taken for public use without just be granted to any corporation except taken for public use without just
extinguishment of property rights
compensation. under the conditions that it shall be compensation.
lawfully acquired and held due
subject to amendment, alteration, or
compensation shall be made out of the
repeal by the Congress of the United
public treasury therefore.
States, and that lands or rights of use
and occupation of lands thus granted
shall revert to the Governments by
which they were respectively granted
upon the termination of the franchises
and concession under which they were
granted or upon their revocation or
repeal.
(c) Obligation of contracts.―That no law
Section 10. No law impairing the That no law impairing the obligation of
impairing the obligation of contracts
obligation of contracts shall be passed. contracts shall be enacted.
shall be enacted.
Section 11. Free access to the courts
and quasi-judicial bodies and adequate
The organization and establishment of
legal assistance shall not be denied to
courts
any person by reason of poverty.
Section 12. Article 30. xxx In no case can military or Excessive bail shall not be required, nor That in all criminal prosecutions the (b) Rights of persons accused of
(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
crime.―That in all criminal prosecutions
in the presence of counsel. accused shall enjoy the right to be heard
the accused shall enjoy the right to be
by himself and counsel, to demand the
heard by himself and counsel, to
(2) No torture, force, violence, threat, nature and cause of the accusation
demand the nature and cause of the
intimidation, or any other means which against him, to have a speedy and public
civil officials establish another excessive fines imposed nor cruel and accusation against him, to have a speedy
vitiate the free will shall be used against trial, to meet the witnesses face to face,
punishment other than what has been unusual and public trial, to meet the witnesses
him. Secret detention places, solitary, and to have compulsory process to
previously prescribed by the law. punishment inflicted face to face, and to have compulsory
incommunicado, or other similar forms compel the attendance of witnesses in
process to compel the attendance of
of detention are prohibited. his behalf.
witnesses in his behalf.
(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 b.) That all persons shall before
reclusion perpetua when evidence of conviction be bailable by sufficient
That all persons shall before conviction
guilt is strong, shall, before conviction, sureties, except for capital offenses
Excessive bail shall not be required, nor be bailable by sufficient sureties, except
be bailable by sufficient sureties, or be
excessive fines imposed, for capital offences.
released on recognizance as may be (g) Bail and punishment.―That
provided by law. The right to bail shall excessive bail shall not required, nor
Nor cruel and unusual punishment That excessive bail shall not be required,
not be impaired even when the privilege excessive fines imposed, nor cruel and
inflicted nor excessive fines imposed, nor cruel
of the writ of habeas corpus is unusual punishment inflicted.
and unusual punishment inflicted.
suspended. Excessive bail shall not be
required.

Section 14. Article 7. No Filipino or foreigner can be In all criminal prosecutions the accused b.) That no person shall be held to
(1) No person shall be held to answer for detained or imprisoned except by virtue shall enjoy the right to a speedy and answer for a criminal offense without
a criminal offense without due process of a crime and in accordance to the public trial, to be informed of the nature due process of law; and
of law. laws. and cause of the accusation, to be
confronted with the witnesses against That in all criminal prosecutions the
(2) In all criminal prosecutions, the Article 8. Any detainee shall either be him, to have compulsory process for accused shall enjoy the right to be heard
accused shall be presumed innocent set free, or be given to judicial authority obtaining witnesses in his favor, and to by himself and counsel, to demand the
until the contrary is proved, and shall within the next twenty-four hours have the assistance of counsel for his nature and cause of the accusation
enjoy the right to be heard by himself following the act of detention. defense against him, to have a speedy and public
and counsel, to be informed of the trial, to meet the witnesses face to face,
nature and cause of the accusation Any detention shall either be rendered and to have compulsory process to
against him, to have a speedy, impartial, without effect, or be raised to compel the attendance of witnesses in
and public trial, to meet the witnesses imprisonment within seventy-two hours his behalf.
face to face, and to have compulsory of the detainee being handed over to a
process to secure the attendance of competent court. (p) Warrants of arrest.―That no warrant
witnesses and the production of shall issue but upon probable cause,
evidence in his behalf. However, after The interested party shall be duly supported by oath or affirmation, and
arraignment, trial may proceed notified within the same period of particularly describing the place to be
notwithstanding the absence of the whatever decision pronounced. searched and the person or things to be
accused: Provided, that he has been seized
duly notified and his failure to appear is Article 9 No Filipino can be imprisoned
unjustifiable. except by virtue of a warrant issued by a
competent court.

The order through which the warrant


has been pronounced shall be ratified or
revised, after having heard the accused,
within seventy-two hours following the
act of imprisonment.

Article 14 No Filipino can be prosecuted


or sentenced except by the judge or
court that, by virtue of the laws previous
to the crime, has been given jurisdiction,
and in the manner that these laws
prescribe.

Article 15. Any person detained or


imprisoned without the legal
formalities, save or the cases provided
for in this Constitution, will be set free
upon his own request or that of any
Filipino.

The laws shall determine the


proceedings summarily in this case, as
well as the personal and pecuniary
penalties that must be incurred by
whosoever shall order, execute or cause
to execute the illegal detention or
imprisonment.
Article 30. The provisions guaranteed in
Articles 7, 8, 9, 10 and 11, and
Paragraphs 1 and 2 of Article 20 cannot
be suspended for the entire Republic or
for any of its parts, except temporarily
and by means of a law, whenever the
security of the State so requires under
extraordinary circumstances.

Upon promulgation of such suspension


in the territory concerned, a special law
shall be enforced during the period of
That the privilege of the writ of habeas (e) Suspension of habeas corpus.―That
suspension according to whatever the
corpus shall not be suspended, unless the privilege of the writ of habeas
circumstances require.
when in cases of rebellion, insurrection, corpus shall not be suspended, unless
Section 15. The privilege of the writ of or invasion the public safety may require when in cases of rebellion, insurrection,
Both suspension and special law will be
habeas corpus shall not be suspended it, in either of which events the same or invasion the public safety may require
voted on in the National Assembly, and
except in cases of invasion or rebellion, may be suspended by the President, or it, in either of which event the same
should it be in recess, the Government
when the public safety requires it. by the Governor, with the approval of may be suspended by the President, or
shall be empowered to enact it, in
the Philippine Commission, wherever by the Governor-General, wherever
accord with the Permanent Commission,
during such period the necessity for during such period the necessity for
without any prejudice to convoking the
such suspension shall exist. such suspension shall exist.
Assembly as soon as possible and
accounting for whatever move it has
undertaken. However, in no law can
other rights be suspended aside from
those provided for in the first paragraph
of this article, nor shall it authorize the
Government to exile or deport any
Filipino from the country. In no case can
military or civil officials establish
another punishment other than what
has been previously prescribed by the
law.
Section 16. All persons shall have the That in all criminal prosecutions the
right to a speedy disposition of their accused shall enjoy the right to a speedy
cases before all judicial, quasi-judicial, or and public trial
In the criminal laws to secure speedy
administrative bodies. and impartial trials, and at the same
time effective administration and
respect for individual rights.
No person shall be put twice in jeopardy
b.) Nor shall be compelled in any
Section 17. No person shall be for the same offense,
criminal case to be a witness against
compelled to be a witness against
himself.
himself. (17) or be compelled in any criminal
case to be a witness against himself;
Section 18.
(1) No person shall be detained solely by (i) Slavery.―That slavery shall not exist
reason of his political beliefs and in said Islands; nor shall involuntary
That neither slavery, nor involuntary
aspirations. 18 (2)that neither slavery nor servitude exist therein except as a
servitude, except as a punishment for
Involuntary servitude shall exist except punishment for crime whereof the party
crime whereof the party shall have been
(2) No involuntary servitude in any form as a punishment for crime; shall have been duly convicted.
duly convicted, shall exist in saidIslands.
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
death penalty be imposed, unless, for
compelling reasons involving heinous
crimes, the Congress hereafter provides
Excessive bail shall not be required, nor
for it. Any death penalty already
excessive fines imposed, nor cruel and
imposed shall be reduced to reclusion
unusual
perpetua.
Punishment inflicted
(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 (d) Imprisonment for debt.―That no
That no person shall be imprisoned for
imprisoned for debt or non-payment of person shall be imprisoned for debt.
debt.
a poll tax.
Section 21. No person shall be twice put Article 7 No Filipino or foreigner can be No person shall be put twice in jeopardy That no person shall be held to answer b.) No person for the same offense shall
in jeopardy of punishment for the same detained or imprisoned except by virtue for the same offense, or be compelled in for a criminal offence without due be twice put in jeopardy of punishment,
offense.
process of law; and no person for the
same offence shall be twice put in
If an act is punished by a law and an of a crime and in accordance to the any criminal case to be a witness against
jeopardy of punishment, nor shall be
ordinance, conviction or acquittal under laws. himself;
compelled in any criminal case to be a
either shall constitute a bar to another
witness against himself.
prosecution for the same act.
(f) Ex post facto laws, primogeniture,
titles of nobility.―That no ex post facto
law or bill of attainder shall be enacted
Section 22. No ex post facto law or bill That no bill of attainder, or ex post-facto
nor shall the law of primogeniture ever
of attainder shall be enacted. law shall be passed;
be in force in the Philippines.
OTHERS: What’s in Mckinley order that
is not found in the the 1987
constitution:

1. Education
They should regard as of first
importance

The extension of a system of primary


education which shall be free to all, and
which shall tend

To fit the people for the duties of


citizenship and for the ordinary
avocations of a civilized community.
That no law granting a title of nobility
2. Language shall be enacted, and no person holding
Instruction should be given in the first any office of profit or trust in said
instance in every part of the islands in Islands, shall without the consent of the
The language of the people. In view of Congress of the United States, accept
the great number of languages spoken any present, emolument, office, or title
by the different of any kind whatever from any king,
Tribes… Especial attention should be at queen, prince, or foreign State.
once given to affording full opportunity
to
All the people of the islands to acquire
the use of the English language.

3. Tribes
In dealing with the uncivilized tribes of
the islands the commission should
adopt the same
Course followed by Congress in
permitting the tribes of our North
American Indians to maintain
Their tribal organization and
government subject to wise and firm
regulation