The 1987 Constitution of the Republic of the Philippines

Article III – Bill of Rights

Sec 1 – Right to life, liberty and property

 No person shall be deprived w/ o due process.
 No person shall be denied the equal protection of the laws.

Sec 2 – Right to against unreasonable searches and seizures

 Inviolable ( never to be broken / dishonored)
 No search warrant / warrant of arrest shall issue except upon probable cause.

Sec 3 –Every person has the right to keep his communication or correspondence a secret.
 Inviolable except upon lawful order or when public safety or order requires
 Any evidence obtained in this shall be inadmissible (not accepted as valid)

Sec 4 – Freedom of speech, Right to a Free Press; Freedom of Assembly; the Right to
Petition
 No law shall be passed about this

Sec 5 –Freedom of Religion forever be allowed (worship)

 No lw swhall be made to respect this
 w/o discrimination
Sec 6 –The liberty to abode & the right to travel
 Shall not be impaired (weaken or damage) except in the interest of national security,
public safety or health, as may be provided by law.

Sec 7 –The right to information

 Access to official records, and to documents pertaining to official acts, transactions, or
decisions, as well as to government research data, shall be afforded the citizen, subject to
law such limitations as may be provided by law.
Sec 8 –Right to form associations

Sec 9 –The Right to Just Compensation

 Private property shall not be taken for public use w/o compensation.

Sec 10 –Non- Impairment Clause

 No law impairing the obligation of contracts shall be passed.

Sec 11 –Free Access to courts and quasi (partly) – judicial bodies and adequate legal assistance
shall not be denied to any person by reason of POVERTY.

Sec 12 –Right of person under Custodial Investigation (after a person has taken into custody)
(1) Miranda Doctrine
“You have the right to remain silent. Any statement you make may be used for or against you
in any court of law in the PH. You have the right to have a competent and independent counsel
preferably of your own choice. If you cannot afford the services counsel the government wil
provide one for you.’’
(2)
No torture, force, violence, threat, intimidation, or any other means which vitiate (impair or
destroy) the free will shall be used against him.
Secret detention places, solitary, incommunicado (not able, wanting, or allowed to
communicate w/ other people) or other similar forms of detention are prohibited.
(3)
Any confession or admission obtained in violation of this or Section 17 shall be inadmissible
in evidence against him.
(4)
The law shall provide for penal and civil sanctions for violations of this as well as
compensation and rehabilitation of victims of torture or similar practices and their families.

Reclusion Perpetua –Penalties for crimes in RPC

 20 yrs & 1 day imprisonment to max. of 40 yrs, after which would be eligible for parole.
 Sec 13 –The Right to Bail & against Excessive Bail
 All persons, except those charged w/ 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 shall not be impaired even when the privilege of the writ of habeas corpus
(produce a body; the court orders to deliver the imprisoned individual) is suspended.
 Excessive bail shall not be required.

Sec 14 –Rights of the Accused ; Right to Due process of Law in criminal cases ; Innocent until
proven Guilty ; The Right to confront one’s accuser ; Basis for Trials in Absentia
 No person shall be held to answer for a criminal case w/o due process.

Sec 15 –Writ of Habeas Corpus

 Shall not be suspended except in cases of invasion or rebellion.

Sec 16 –Right to Speedy Disposition of cases

Sec 17 –Right against self- incrimination

 No person shall be compelled to be a witness against himself.

Sec 18 –The Right to political beliefs and aspirations

 No person shall be detained solely by this reason.
Sec 19 –The prohibition against cruel, degrading or inhuman punishment
 Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted.
Neither the death penalty be imposed, unless, for compelling reasons involving heinous crimes.

Sec 20 –Non- imprisonment for debts

 No person shall be imprisoned for debt or non- payment of a poll tax.
Sec 21 –Right against double jeopardy
 No person be twice put in jeopardy for the same offense.
Shall constitute a bar to another prosecution.
Sec 22 –Ex post facto law and bill of attainder.
What is an ex post facto law?

An ex post facto law has been defined as one:

1. which makes an action done before the passing of the law and which was innocent when
done, criminal, and punishes such action; or 
2. which aggravates a crime or makes it greater than it was when committed; or 
3. which changes the punishment and inflicts a greater punishment than the law annexed to
the crime when it was committed; or 
4. which alters the legal rules of evidence and receives less or different testimony than the
law required at the time of the commission of the offense in order to convict the
defendant.
5. which assumes to regulate civil rights and remedies only but in effect imposes a penalty
or deprivation of a right which when done was lawful; or 
6. that which deprives a person accused of a crime of some lawful protection to which he
has become entitled, such as the protection of a former conviction or acquittal, or a
proclamation of amnesty. (Salvador vs. Mapa, G.R. No. 135080, November 28, 2007)

Characteristics of ex post facto law:

1. It refers to criminal matters; 

2. It is retroactive in application; and 
3. It works to the prejudice of the accused

What is a Bill of Attainder?

●A bill of attainder is a legislative act which inflicts punishment without trial. Its essence is the
substitution of a legislative for a judicial determination of guilt. (People vs. Ferrer, G.R. Nos. L-
32613-14, December 27, 1972)

● A bill of attainder is a legislative act which inflicts punishment on individuals or members of a

particular group without a judicial trial. Essential to a bill of attainder are a specification of
certain individuals or a group of individuals, the imposition of a punishment, penal or otherwise,
and the lack of judicial trial. If the punishment be less than death, the act is termed a bill of pains
and penalties.

Elements of Bill of Attainder

1. There must be a law.

2. The law imposes a penal burden on a named individual or easily ascertainable members
of a group.
3. There is a direct imposition of penal burden without judicial trial.

Characteristics:

It substitutes legislative fiat for a judicial determination of guilt.