Bill of Rights for all Philippine Constitutions

Commonwealth
Malolos Constitution Constitution / 1935 1973 Constitution 1987 Constitution
Constitution
Article 6. The following are Section 1. (1) No person shall Section 1. No person shall be Section 1. No person shall be
Filipinos: be deprived of life, liberty, or deprived of life, liberty, or deprived of life, liberty, or
property without due process of property without due process of property without due process of
1. All persons born in the law, nor shall any person be law, nor shall any person be law, nor shall any person be
Philippine territory. A denied the equal protection of denied the equal protection of denied the equal protection of
vessel of Philippine the laws. the laws. the laws.
registry is considered,
for this purpose, as part (2) Private property shall not be Section 2. Private property Section 2. The right of the
of Philippine territory. taken for public use without shall not be taken for public use people to be secure in their
just compensation. without just compensation. persons, houses, papers, and
2. Children of a Filipino effects against unreasonable
father or mother, (3) The right of the people to be Section 3. The right of the searches and seizures of
although born outside of secure in their persons, houses, people to be secure in their whatever nature and for any
the Philippines. papers, and effects against persons, houses, papers, and purpose shall be inviolable, and
unreasonable searches and effects against unreasonable no search warrant or warrant of
3. Foreigners who have seizures shall not be violated, searches and seizures of arrest shall issue except upon
obtained certification of and no warrants shall issue but whatever nature and whatever probable cause to be
naturalization. upon probable cause, to be purpose shall not be violated, determined personally by the
determined by the judge after and no search warrant or judge after examination under
4. Those who, without examination under oath or warrant of arrest shall issue oath or affirmation of the
such certificate, have affirmation of the complainant except upon probable cause to complainant and the witnesses
acquired a domicile in and the witnesses he may be determined by the judge, or he may produce, and
any town within produce, and particularly such other responsible officer particularly describing the
Philippine territory. describing the place to be as maybe authorized by law, place to be searched and the
searched, and the persons or after examination under oath persons or things to be seized.
It is understood that domicile is things to be seized. or affirmation of the
acquired by uninterrupted complainant and the witnesses Section 3. (1) The privacy of
residence for two years in any
locality within Philippine
territory, with an open abode
and known occupation, and
contributing to all the taxes
imposed by the Nation.
The condition of being a
Filipino is lost in accordance
with law.
Article 7. No Filipino or
foreigner shall be detained nor
imprisoned except for the
commission of a crime and in
accordance with law.
Article 8. All persons detained
shall be discharged or delivered
to the judicial authority within
24 hours following the act of
detention. All detentions shall
be without legal effect, unless
the arrested person is duly
prosecuted within 72 hours
after delivery to a competent
court. The accused shall be
duly notified of such
proceeding within the same
period.
Article 9. No Filipino shall be
(4) The liberty of abode and of he may produce, and communication and
changing the same within the particularly describing the correspondence shall be
limits prescribed by law shall place to be searched, and the inviolable except upon lawful
not be impaired. persons or things to be seized. order of the court, or when
public safety or order requires
(5) The privacy of Section 4. otherwise, as prescribed by
communication and law.
correspondence shall be 1. The privacy of
inviolable except upon lawful communication and (2) Any evidence obtained in
order of the court or when correspondence shall be violation of this or the
public safety and order require inviolable except upon lawful preceding section shall be
otherwise. order of the court, or when inadmissible for any purpose in
public safety and order require any proceeding.
(6) The right to form otherwise.
associations or societies for Section 4. No law shall be
purposes not contrary to law 2. Any evidence obtained in passed abridging the freedom
shall not be abridged. violation of this or the of speech, of expression, or of
preceding Section shall be the press, or the right of the
(7) No law shall be made inadmissible for any purpose in people peaceably to assemble
respecting an establishment of any proceeding. and petition the government for
religion, or prohibiting the free redress of grievances.
exercise thereof, and the free Section 5. The liberty of abode
exercise and enjoyment of and of travel shall not be Section 5. No law shall be
religious profession and impaired except upon lawful made respecting an
worship, without discrimination order of the court, or when establishment of religion, or
or preference, shall forever be necessary in the interest of prohibiting the free exercise
allowed. No religious test shall national security, public safety, thereof. The free exercise and
be required for the exercise of or public health. enjoyment of religious
civil or political rights. profession and worship,
Section 6. The right of the without discrimination or
(8) No law shall be passed people to information on preference, shall forever be
abridging the freedom of matters of public concern shall allowed. No religious test shall
imprisoned except by virtue of speech, or of the press, or the be recognized. Access to be required for the exercise of
an order by a competent court. right of the people peaceably to official records, and to civil or political rights.
The order of imprisonment assemble and petition the documents and papers
shall be ratified or confirmed Government for redress of pertaining to official acts, Section 6. The liberty of abode
within 72 hours following the grievances transactions, or decisions, shall and of changing the same
said order, after the accused has be afforded the citizen subject within the limits prescribed by
been heard. (9) No law granting a title of to such limitations as may be law shall not be impaired
nobility shall be enacted, and provided by law. except upon lawful order of the
Article 10. No one shall enter no person holding any office of court. Neither shall the right to
the dwelling house of any profit or trust shall, without the Section 7. The right to form travel be impaired except in the
Filipino or a foreigner residing consent of the National associations or societies for interest of national security,
in the Philippines without his Assembly, accept any present, purposes not contrary to the public safety, or public health,
consent except in urgent cases emolument, office, or title of law shall not be abridged. as may be provided by law.
of fire, inundation, earthquake any kind whatever from any
or similar dangers, or by reason foreign state. Section 8. No law shall be Section 7. The right of the
of unlawful aggression from made respecting an people to information on
within, or in order to assist a (10) No law impairing the establishment of religion, or matters of public concern shall
person therein who cries for obligation of contracts shall be prohibiting the free exercise be recognized. Access to
help. Outside of these cases, the passed. thereof. The free exercise and official records, and to
entry into the dwelling house of enjoyment of religious documents and papers
any Filipino or foreign resident (11) No ex post facto law or bill profession and worship, pertaining to official acts,
in the Philippines or the search of attainder shall be enacted. without discrimination or transactions, or decisions, as
of his papers and effects can preference, shall forever be well as to government research
only be decreed by a competent (12) No person shall be allowed. No religious test shall data used as basis for policy
court and executed only in the imprisoned for debt or be required for the exercise of development, shall be afforded
daytime. The search of papers nonpayment of a poll tax. civil or political rights. the citizen, subject to such
and effects shall be made limitations as may be provided
always in the presence of the (13) No involuntary servitude Section 9. No law shall be by law.
person searched or of a member in any form shall exist except passed abridging the freedom
of his family and, in their as a punishment for crime of speech, or the press, or the Section 8. The right of the
absence, of two witnesses whereof the party shall have right of the people peaceably to people, including those
resident of the same place. been duly convicted. assemble and petition the employed in the public and
However, when a criminal
caught in fraganti should take
refuge in his dwelling house,
the authorities in pursuit may
enter into it, only for the
purpose of making an arrest. If
a criminal should take refuge in
the dwelling house of a
foreigner, the consent of a latter
must first be obtained.
Article 11. No Filipino shall be
compelled to change his
residence or domicile except by
virtue of a final judgment.
Article 12. In no case may
correspondence confided to the
post office be detained or
opened by government
authorities, nor any telegraphic
or telephonic message detained.
However, by virtue of a
competent court,
correspondence may be
detained and opened in the
presence of the sender.
Article 13. All orders of
imprisonment, of search of a
dwelling house, or detention of
written correspondence,
(14) The privilege of the writ government for redress of private sectors, to form unions,
of habeas corpus shall not be grievances. associations, or societies for
suspended except in cases of purposes not contrary to law
invasion, insurrection, or Section 10. No law granting a shall not be abridged.
rebellion, when the public title of royalty or nobility shall
safety requires it, in any of be enacted. Section 9. Private property
which events the same may be shall not be taken for public use
suspended wherever during Section 11. No law impairing without just compensation.
such period the necessity for the obligation of contracts shall
such suspension shall exist. be passed. Section 10. No law impairing
the obligation of contracts shall
(15) No person shall be held to Section 12. No ex post facto be passed.
answer for a criminal offense law or bill of attainder shall be
without due process of law. enacted. Section 11. Free access to the
courts and quasi-judicial bodies
(16) All persons shall before Section 13. No person shall be and adequate legal assistance
conviction be bailable by imprisoned for debt or non- shall not be denied to any
sufficient sureties, except those payment of a poll tax. person by reason of poverty.
charged with capital offenses
when evidence of guilt is Section 14. No involuntary Section 12. (1) Any person
strong. Excessive bail shall not servitude in any form shall under investigation for the
be required. exist except as a punishment commission of an offense shall
for a crime whereof the party have the right to be informed of
(17) In all criminal shall have been duly convicted. his right to remain silent and to
prosecutions the accused shall have competent and
be presumed to be innocent Section 15. The privilege of the independent counsel preferably
until the contrary is proved, and writ of habeas corpus shall not of his own choice. If the person
shall enjoy the right to be heard be suspended except in cases of cannot afford the services of
by himself and counsel, to be invasion, insurrection, or counsel, he must be provided
informed of the nature and rebellion, or imminent danger with one. These rights cannot
cause of the accusation against thereof, when the public safety be waived except in writing and
him, to have a speedy and requires it.
telegraph or telephone, must be
justified. When an order lacks
this requisite, or when the
grounds on which the act was
founded is proven in court to be
unlawful or manifestly
insufficient, the person to be
detained or whose
imprisonment has not been
ratified within the period
prescribed in Art. 9, or whose
correspondence has been
detained, shall have the right tounusual punishment inflicted.
recover damages.
Article 14. No Filipino shall be put in jeopardy of punishment conviction, be bailable by evidence against him.
prosecuted or sentenced, except for the same offense. If an cat sufficient sureties. Excessive
by a judge or court of proper
jurisdiction and according to
the procedure prescribed by
law.
Article 15. Exept in the cases
provided by the Constitution,
all persons detained or
imprisoned not in accordance
with legal formalities shall be
released upon his own petition
or upon petition of another
person. The law shall determine
the manner of proceeding
summarily in this instance, as
public trial, to meet the Section 16. All persons, shall in the presence of counsel.
witnesses face to face and to have the right to a speedy
have compulsory process to disposition of their cases in all
(2) No torture, force, violence,
secure the attendance of judicial, quasi-judicial, or
threat, intimidation, or any
witnesses in his behalf. administrative bodies. other means which vitiate the
free will shall be used against
(18) Bo person shall be Section 17. No person shall be him. Secret detention places,
compelled to be a witness held to answer for a criminal solitary, incommunicado, or
against himself. offense without due process of other similar forms of detention
law. are prohibited.
(19) Excessive fines shall not
be imposed, nor cruel and Section 18. All persons, except (3) Any confession or
those charged with capital admission obtained in violation
offenses when evidence of guilt of this or Section 17 hereof
(20) No person shall be twice is strong shall, before shall be inadmissible in
is punished by a law and an bail shall not be required. (4) The law shall provide for
ordinance, conviction or penal and civil sanctions for
acquittal under either shall Section 19. In all criminal violations of this section as
constitute a bar to another prosecutions, the accused shall well as compensation to and
prosecution for the same act. be presumed innocent until the rehabilitation of victims of
contrary is proved, and shall torture or similar practices, and
(21) Free access to the courts enjoy the right to be heard by their families.
shall not be denied to any himself and counsel, to be
person by reason of poverty. informed of the nature and Section 13. All persons, except
cause of the accusation against those charged with offenses
him, to have a speedy, punishable by reclusion
impartial, and public trial, to perpetua when evidence of
meet the witnesses face to face, guilt is strong, shall, before
and to have compulsory conviction, be bailable by
process to secure the sufficient sureties, or be
well as the personal and
pecuniary penalties which shall
be imposed upon the person
who ordered, executed or to be
executed the illegal detention
or imprisonment.
Article 16. No one shall be
temporarily or permanently
deprived of rights or dstured in
his enjoyment thereof, except
by virtue of judicial sentence.
The officials who, under any
pretext whatsoever, should
violate this provision, shall be
personally liable for the
damages caused.
Article 17. No one shall be
deprived of his property by
expropriation except on
grounds of public necessity and
benefit, previously declared
and justified by proper
authorities, and indemnifying
the owner thereof prior to
expropriation.
Article 18. No one shall be
obliged to pay any public tax
which had not been approved
by the National Assembly or by
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 unjustified.
Section 20. No person shall be
compelled to be a witness
against himself. Any person
under investigation for the
commission of an offense shall
have the right to remain silent
and to counsel, and to be
informed of such right. No
force, violence, threat,
intimidation, or any other
means which vitiate the free
will shall be used against him.
Any confession obtained in
violation of this section shall be
inadmissible in evidence.
Section 21. Excessive fines
shall not be imposed nor cruel
or unusual punishment
inflicted.
Section 22. No person shall be
twice put in jeopardy of
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
local popular governments
legally so authorized, and
which is not in the manner
prescribed by the law.
Article 19. No Filipino who is
in full enjoyment of his civil or
political rights, shall be
impeded in the free exercise of
said rights.
Article 20. Neither shall any
Filipino be deprived:
1. Of the right to freely
express his ideas or
opinions, orally or in
writing, through the use
of the press or other
similar means.
2. Of the right of
association for purposes
of human life and which
are not contrary to
public morals; and
lastly
3. Of the right to send
petitions to the
authorities, individually
or collectively.
punishment for the same failure to appear is
offense. If an act is punished by unjustifiable.
a law and an ordinance,
conviction or acquittal under Section 15. The privilege of the
either shall constitute a bar to writ of habeas corpus shall not
another prosecution for the be suspended except in cases of
same act. invasion or rebellion when the
public safety requires it.
Section 23. Free access to the
courts shall not be denied to Section 16. All persons shall
any person by reason of have the right to a speedy
poverty. disposition of their cases before
all judicial, quasi-judicial, or
administrative bodies.
Section 17. 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,
The right of petition shall not
be exercised through any kind
of armed force.
Article 21. The exercise of the
rights provided for in the
preceding article shall be
subject to general provisions
regulating the same.
Article 22. Crimes committed
on the occasion of the exercise
of rights provided for in this
title, shall be punished by the
courts in accordance with the
laws.
Article 23. Any Filipino may
establish and maintain
institutions of learning, in
accordance with the laws
authorizing them. Public
education shall be free and
obligatory in all schools of the
nation.
Article 24. Foreigners may
freely reside in Philippine
territory, subject to legal
dispositions regulating the
matter; may engage in any
occupation or profession for the
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
exercise of which no special same act.
license is required by law to be
issued by the national Section 22. No ex post facto
authorities. law or bill of attainder shall be
enacted.
Article 25. No Filipino who is
in full enjoyment of his
political and civil rights shall
be impeded in his right to travel
freely abroad or in his right to
transfer his residence or
possessions to another country,
except as to his obligations to
contribute to military service or
the maintenance of public
taxes.

Article 26. No foreigner who

has not been naturalized may
exercise in the Philippines any
office which carries with it any
authority or jurisdictional
powers.

Article 27. All Filipinos are

obliged to defend his country
with arms when called upon by
law, and to contribute to the
expenses of the State in
proportion to his means.

Article 28. The enumeration of

the rights provided for in this
title does not imply the denial
of other rights not mentioned.

Article 29. The prior

authorization to prosecute a
public official in the ordinary
courts is not necessary,
whatever may be the crime
committed.

A superior order shall not

exempt a public official from
liability in the cases which
constitute apparent and clear
violations of constitutional
precepts. In others, the agents
of the law shall only be
exempted if they did not
exercise the authority.

Article 30. The guarantees

provided for in Articles 7, 8, 9,
10, and 11 and paragraphs 1
and 2 of Article 20 shall not be
suspended, partially or wholly,
in any part of the Republic,
except temporarily and by
authority of law, when the
security of the State in
extraordinary circumstances so
demands.

When promulgated in any

territory where the suspension
applies, there shall be a special
law which shall govern during
the period of the suspension,
according to the circumstances
prevailing.

The law of suspension as well

as the special law to govern
shall be approved by the
National Assembly, and in case
the latter is in recess, the
Government shall have the
power to decree the same
jointly with the Permanent
Commission, without prejudice
to convoking the Assembly
without the least delay and
report to it what had been done.

However, any suspension made

shall not affect more rights than
those mentioned in the first
paragraph of this Article nor
authorize the Government to
banish or deport from the
Philippines any Filipino.

Article 31. In the Republic of

the Philippines, no one shall be
judged by a special law nor by
special tribunals. No person or
corporation may enjoy
privileges or emoluments
which are not in compensation
for public service rendered and
authorized by law. War and
marine laws shall apply only
for crimes and delicts which
have intimate relation to
military or naval discipline.

Article 32. No Filipino shall

establish laws on
primogeniture, nor institutions
restrictive of property rights,
nor accept honors, decorations,
or honorific titles or nobility
from foreign nations without
the consent of the Government.
Neither shall the Government
establish in the Republic
institutions mentioned in the
preceding paragraph, nor
confer honors, decorations, or
honorific titles of nobility to
any Filipino.

The Nation, however, may

reward by special law approved
by the Assembly, conspicuous
services rendered by citizens of
the country.