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

A 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

Exemptions:

Warrantless Search/ Search without a valid searchwarrant

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(absolute) 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

They include any form of oral utterance, pictures, actions and the like

Press

It includes any sort of publication.

Right to Assembly

It is the right on the part of the citizen to meet peaceably for consultation.

Right to Petition

It is the 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

It is the right of man to worship God or whom ever or whatever he/she

chooses to worship.

Aspects of Religious Freedom:

1. Freedom to believe

It is the 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
citizens, 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.

Writ of Habeas Data

It is a 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 wherein 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

It is the 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 rights 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.