1987 Philippine Constitution
Article III. Bill of Rights
Bill of rights – declaration and enumeration of a person’s
rights and privileges which the Constitution is designed
to protect against violation by the government and other
individuals.
Classes of Rights
1. Natural rights – right possessed by any person
even without being granted by the state
2. Constitutional rights – right granted and
protected by the constitution
3. Statutory rights – rights granted by the laws
promulgated by the law-enacting bodies
Section 1. Right to due process of law and equal
protection
“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”
Due process – process that hears before it condemns
and proceeds upon inquiry and renders judgment only
after trial.
***law/ right apply to every person within the territorial
jurisdiction of the Philippines, including foreigners.
Equal protection of the laws – all persons subject to
legislation should be treated alike.
Limitations:
1. For the welfare of the public
2. Limited by the inherent powers of the state
Section 2. Right against illegal search and illegal arrest
“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”
General rule:
Search = Valid Search Warrant
Arrest = Valid Warrant of Arrest
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Exemptions:
Warrantless Search/ Search without a valid search
warrant
1. Consented search
2. Search incidental to a lawful arrest
3. Search on ports of entry
4. Search on moving vehicles
5. Plain view doctrine
Citizen’s arrest/ Warrantless arrest
1. In flagrante delicto – caught in the act
2. Personal knowledge of the arresting officer
3. Escaped Prisoner
Section 3. Right to Privacy of Communication
“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 to privacy – right to be left alone; free from
undesired publicity and disclosure.
Limitations:
1. Lawful order of the court; and
2. Public safety or order requires
Fruit of the Poisonous Tree Doctrine
“Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any
purpose in any proceeding”
Section 4. Right of Expression
“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”
Speech and expression – include any form of oral
utterances, pictures, actions and the like
Press – includes any sort of publication
Right to assembly – right on the part of the citizen to
meet peaceably for consultation
Right to petition – right of any person or group of
persons to apply w/o fear any complaints or suggestion
before the government offices
Limitations:
1. Subject to regulation by the state – for public
safety, public health, public order and the like
 2. Subject to regulation by the law/ court
Section 5. Right to Choose a Religion and to Exercise
Religious Beliefs
“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 – right of man to worship God or
whomever or whatever he/she chooses to worship
Aspects of Religious Freedom:
1. Freedom to believe – absolute right of every individual
to believe whatever they want to believe
2. Freedom to act – this is not absolute; actions based
on religious beliefs is limited
Limitations (Same with Section 4)
Section 6. Right of Abode and to Travel
“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”
***It is 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 w/o interference from any
source.
Limitations (Same with Section 4)
Section 7. Right to Information on Matters of Public
Concern
“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”
Scope of the Right:
1. Right embraces all public records
2. Limited to citizens only w/o prejudice to the right
of aliens to have access to records of cases
where they are litigants; and
3. Exercise of this right is limited by law
Limitation:
- Public records related to national security and
other records which are confidential in nature
cannot be given to anybody who request for it
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Writ of Habeas Data – judicial remedy available to any
individual whose right to privacy in life, liberty and
security is violated or threatened by an unlawful act or
omission of public official or employee
Section 8. Right to Form Associations
“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”
***Freedom to organize or to be a member of any group
or association, union or society and to adopt the rules
which the members judge most appropriate to achieve
their purpose
Limitation: Purpose must not be contrary to law
Section 9. Right to Property
“Private property shall not be taken for public use
without just compensation”
Eminent domain – right/ power of the state to take
private property for public use upon paying to the owner
a just compensation
Limitations:
1. Must be for public use
2. Payment of just compensation
3. Observance of due process of law
Section 10. Non-Impairment of Contract
“No law impairing the obligation of contracts shall
be passed”
Obligation of a contract – law or duty which binds the
parties to perform their agreement according to its terms
or intent
Limitation: Contract must not be contrary to law, morals,
good custom, public order or public policy.
Contracts are impaired = when its terms or conditions
are changed by law or by a party without the consent of
the other
Section 11. Right to Free Access to Courts and Quasi-
Judicial Bodies
“Free access to the courts and quasi-judicial bodies
and adequate legal assistance shall not be denied to
any person by reason of poverty”
***One of the right of the accused is to have adequate
legal assistance. To have adequate legal assistance, the
accused must have the right to enter the courts or any
quasi-judicial bodies.
***Poverty is not a reason to deny the person the right to
access the courts.
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