Article III

BILL OF RIGHTS
ART. III BILL OF RIGHTS
may be defined as a declaration and enumeration
of a person’s rights and privileges which the
Constitution is designed to protect against
violations by the government, or by an individual or
groups of individuals.
it is a charter of liberties for the individual and a
limitation upon the power of the State.
.
Inherent powers of the State
1. Police Power- It is the inherent power of the state to
restrain and regulate the use of liberty and property for the
comfort, safety and welfare of society. Police power
covers laws on:
a. Public Health-e.g. laws restricting importation of harmful drugs,
maternity leave, restraining mobility of those infected with AIDS, etc.
b. Public Safety-e.g. laws on driving without license, carrying of deadly
weapons, etc.
c. Public Welfare-e.g. laws on regulating rent of apartments/houses, price
control, etc.
d. Public Morals-e.g. Laws prohibiting gambling, closing movie houses,
exhibition of lewd, etc.
2. Power of Eminent Domain- It is the inherent right of
the state to expropriate private property for public
purpose upon payment of just compensation.
 3. Power of Taxation-It refers to the power of the state to
impose burdens on persons, properties, services and
compensation.
Classes of Rights of Citizens
A. Natural Rights-these are inherent to a person as creation
of God. e.g. Natural Right under Constitution (Life,
Liberty, Property) and right to love.
B. Constitutional-these are rights which are granted and
protected by the constitution.
C. Statutory Rights-these refers to rights provided by laws
which are granted by the legislature and may be abolished
by the same, e.g. Right to maternity leave for employed
women, etc.
*The law-making body refers to the LEGISATIVE department or known as the HOUSE OF
CONGRESS.
 Classification of Constitutional Rights:
1. Political Rights-those right a citizen exercises to
participate in the affairs of the government.
e.g. Right to suffrage , right of citizenship, etc.
2. Civil Rights- Those right that a citizen enjoys in
pursuance of individual happiness and development.
E.g. Right to property, right to abode and travel etc.
3. Social and economic rights- rights intended to ensure
the well-being and economic security of the individual.
4. Rights of the accused- intended to protect persons
accused of any crime.

*Freedom of speech, of expression or of the press, the right of assembly and petition, and
the right to form associations are likewise civil rights. However, they partake of the nature
of political rights when they are utilized as a means to participate in the government
*Political and civil rights can have meaning only if concrete measures are taken to
breathe of life and substance to social and economic rights which include cultural rights.
SECTION 1

 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.

Lecture of Mr. John Mark Paracad– Philippine Government and

Constitution Social Science
 Life – is not limited to the literal meaning of
life. It includes the right of individual to its
body in its completeness, free from
dismemberment, and extends to God-given
faculties which makes life enjoyable.
-means not only the right to be alive but
also the right to be secure of one’s limb or
any part of the body from the physical
harm.
Lecture of Mr. John Mark Paracad– Philippine Government and
Constitution Social Science
 Liberty - the right to exist and right to
be free from personal restraint or
servitude, the right to contract, the right
to choose one’s employment, the right to
labor etc.
- it is the right to act freely and in
manner one chooses
 Property - refers to anything that can
come under the right of ownership and
be subject of contract.
- the right that is protected refers not
only to the possession or the thing
itself, but also the right over the thing.
LIMITATION of NATURAL RIGHTS:
Due Process of Law

• It is a legal maxims which

hears before it condemns
and renders judgment only
after trial.
• RIGHT OF NOTICE AND
HEARING
Lecture of Mr. John Mark Paracad– Philippine Government and
Constitution Social Science
 Two (2) Aspects of Due Proces
1. Procedural Due Process – The
manner or procedure which must be
followed in the enforcement or
application of law.
2. Substantive Due Process – This
means that the law to be applied is
valid, just and not arbitrary.
Right to EQUAL PROTECTION OF
THE LAWS
 all persons regardless of their
circumstances in life, , that is, whether
they are rich or poor, educated or illiterate,
shall be treated before the law.
EQUAL PROTECTION OF THE LAW
 It means that all persons or things similarly
situated should be treated alike both as to
rights conferred and responsibilities imposed.
SECTION 2
 Rights against unreasonable searches
and seizures- this is based on the
constitutional guarantee of the duty of the
state to provide security to the persons,
houses, papers, and effects of its people.
An unreasonable search and seizure is one
that is conducted illegally or without
warrant.
 Rights against unreasonable arrest
 Search Warrant is an order in writing,
issued in the name of the People of the
Philippines, signed by a judge and directed to a
peace officer, commanding him to search for
certain personal property and bring it before
the court.
 Warrant of Arrest is an order in writing,
issued in the name of the People of the
Philippines, signed by a judge and directed to a
peace officer, commanding him to arrest a
person designated,i.e., to take him into
custody in order that he may be bound to
answer for the commission of an offense.
Lecture of Mr. John Mark Paracad– Philippine Government and
Constitution Social Science
Essential Requisites of a Valid
Search Warrant or Warrant of Arrest:
(1) It must be issued upon probable cause. (Probable
cause- there are facts and circumstances attending the
issuance of warrant sufficient to induce a prudent and
cautious judge to relay on them);
(2) The probable cause must be determined personally by
a judge;
(3) Such judge must examine, under oath or affirmation,
the complainant and the witness he may produce to
determine the existence of probable cause;
(3) The warrant must particularly(specific) describe the
place to be searched, and the person or things to be
seized.
Lecture of Mr. John Mark Paracad– Philippine Government and
Constitution Social Science
GENERAL WARRANT-a warrant
that does not specify the thing to
be searched of the person sought
to be arrested.
-it is a prohibited warrant
JOHN/JANE DOE WARRANT
-not a general warrant because it
has descriptio personae
When search and seizure may be made
without warrant:
1. Warrantless search incidental to a lawful arrest
2. Seizure of evidence in plain view.
3. Search of a moving vehicle.
4. Consented warrantless search.
5. Customs search or seizure.
6. Stop and frisk
7. Exigent and emergency circumstances.

Lecture of Mr. John Mark Paracad– Philippine Government and

Constitution Social Science
When arrest may be made without
warrant:
1. Flagrante Delicto (Caught in the Act);
2. Hot Pursuit Operation;
3. Arrest of Fugitive.

Lecture of Mr. John Mark Paracad– Philippine Government and

Constitution Social Science
SECTION 3
• Right to privacy of communication and
correspondence- The provision covers the
guarantee from unnecessary interference on the
right of the people to respond and communicate
with one another. The constitution provides two
instances by which the state may lawfully interfere
with this freedom:
a) upon lawful order of the court, and
b) when public safety or order requires it as
provided or defined by law
 (2) Any evidence obtained in violation of this or
the preceding section shall be inadmissible
for any purpose in any proceeding.
Laws protecting PRIVACY
Republic Act 4200
-ANTI-WIRETAPPING ACT
Republic Act 9995
-ANTI-PHOTO AND VIDEO
VOYEURISM ACT
 SECTION 4
 Freedom of expression- it is the act or process
of conveying in words (speech) and other
medium what one wishes, without prior
restraint or censorship by the government.
Rights:
a. FREEDOM OF EXPRESSION
1. Speech
2. Expression
3. Free Press/Press
b. Right of Petition-for redress of grievances
c. Right of Assembly-must be peaceful
 Limitations to Freedom of Expression
i. Libel/Slander/or Severe calumny
ii. Anything lewd or obscene
iii. Seditious messages-anything that provokes violence
or disorder;
iv. Balancing Interest Rule
v. Clear and Present Danger Rule
Libel - untruthful information/character assassination in written,
and using print or broadcast media.
Slander - spoken untruthful information/ character assassination
Balancing Interest Rule-weighing of rights, one that has greater
importance to public interest must prevail
Clear and Present Danger – if the uttered threat seems serious
(i.e. the intent appears to be serious), immediate, grave and
realistic.

Lecture of Mr. John Mark Paracad– Philippine Government and

Constitution Social Science
 SECTION 5
 Freedom of religion-the right of religious worship
means that every person is free to choose the kind of
relationship he wants with god and to worship him in a
manner he likes and according to his conscience. The
freedom prohibits its regulation by the State
 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.
RIGHTS:
1. NON-ESTABLISHMENT OF RELIGION
-non advancement of a religion, non favoring of
religion against other religions
2. FREE-EXERCISE of RELIGION
A. Freedom of conscience and freedom to adhere
to such religious organization or form of worship
as the individual may choose cannot be restricted
by law. (FREEDOM TO BELIEVE)
B. It safeguards the free exercise of the chosen
form of religion. (FREEDOM TO ACT)

Lecture of Mr. John Mark Paracad– Philippine Government and

Constitution Social Science
Prohibition of Religious Test
-No religious test shall be
required for the exercise of
civil or political rights.
e.g Religion is not a requirement to
be employed in the government

Lecture of Mr. John Mark Paracad– Philippine Government and

Constitution Social Science
 SECTION 6
Liberty of abode and travel - This means that
every person has a right to established his home
in any place. He is also free to change his abode
or transfer it from one place to another. It
includes the right to travel freely in the
Philippines and outside therefore to any foreign
country, subject to the following conditions:
(a) upon lawful order of the court; and
(b) in the interest of national security, public
safety, or public health as provided by law.
Lecture of Mr. John Mark Paracad– Philippine Government and
Constitution Social Science
 SECTION 7
9. Right to information - every Filipino has
the right to gather or obtain information
from official records, documents, and papers
relating to official acts, transactions, or
decisions of the government. Records
concerning and affecting the security of the
State and other documents which by their
nature are confidential may not be disclosed
to the public

Lecture of Mr. John Mark Paracad– Philippine Government and

Constitution Social Science
Limitations on the right
1. National security matters.
2. Trade secrets and banking
transactions.
3. Criminal matters.
4. Other confidential matters.

Lecture of Mr. John Mark Paracad– Philippine Government and

Constitution Social Science
 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.
Right to form associations is the 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 on the right
 The right to form associations or societies
may be abridged or interfered with by the
State in the exercise of its Police Power. This
is the meaning of the phrase “for purpose
not contrary to law”.

Lecture of Mr. John Mark Paracad– Philippine Government and

Constitution Social Science
SECTION 9
 Private property shall not be taken for
public use without just compensation.
LIMITATIONS:
-when the elements of eminent domain
are not complied with AND when there in
NO DUE PROCESS OF LAW

Lecture of Mr. John Mark Paracad– Philippine Government and

Constitution Social Science
 SECTION 10
Right against non-impairment of
obligations of contracts
-a contract obliges both parties to
perform their agreement according to its
terms and conditions. The constitution
prohibits the enactment or passage of a
law that alters or changes the conditions
of contracts without the consent of the
parties thereto
Lecture of Mr. John Mark Paracad– Philippine Government and
Constitution Social Science
 LIMITATION:
• The freedom of contract is necessarily
limited by the exercise of the police
power of the State in the interest of
general welfare and especially in view of
the explicit provisions in the Constitution
with reference to the promotion of social
justice(e.g. VOID CONTRACT)
SECTION 11
 Free access to the courts and quasi-judicial bodies
and adequate legal assistance shall not be denied
to any person by reason of poverty.
(a) Right of free access to courts – all citizens, rich
or poor, are guaranteed for the enforcement of
their rights and the protection of their properties
from unlawful encroachments by the State and
other persons;
(b)Rights to adequate legal assistance – the State
provides free legal assistance to citizens who are
unable to hire a lawyer by reason of their being
poor;
Lecture of Mr. John Mark Paracad– Philippine Government and
Constitution Social Science
 SECTION 12
RIGHTS OF A PERSON UNDER
CUSTODIAL INVESTIGATION
Miranda Rights - provides that before a person under a
custodial investigation is questioned, he must be informed of the
following:
a) Right to be informed of his right to remain silent;
b) Right to have independent and competent counsel;
c) Right against torture, force, violence, threat, intimidation,
or any other means which vitiate the free will;
d) Right against being held in secret, incommunicado, or
solitary forms of solitary confinement; and
e) The right to be informed of these rights.
Lecture of Mr. John Mark Paracad– Philippine Government and
Constitution Social Science
Waiver of rights to remain silence and
counsel
1. In writing; and
2. In the presence of counsel.
SECTION 13-RIGHT TO BAIL
Bail - is the security required by a court and given
for the provisional or temporary release of a
person who is in the custody of the law
conditioned upon his appearance before any court
as required under the conditions specified.
 The purpose of requiring bail is to relieve an
accused from imprisonment until his conviction
and yet secure his appearance at the trial. The right
to bail is granted because in all criminal
prosecutions, the accused is presumed innocent.
 Excessive Bail – is prohibited because that is the
same as denying the right to post bail.
Lecture of Mr. John Mark Paracad– Philippine Government and
Constitution Social Science
 Forms of Bail:
◦ Cash Bond-Cash deposit
◦ Property Bond
◦ Surety Bond
*ON RECOGNIZANCE-custody of a prominent person
Who may not invoke the right to
bail(LIMITATION)
1. One who is not yet in the custody of the law
2. One charge with capital offense or an offense punishable
by reclusion perpetua
3. Under the Rules of Court, “no bail shall be allowed after
the judgment has become final, or after the accused has
commenced to serve sentence.”
 Non-Bailable Crimes
1. Kidnapping;
2. Murder;
3. Rape;
4. Drug-Pushing;
5. Carnapping;
6. Or Crimes Under the Heinous Crime Law,
Plunder Law and Dangerous Drugs Law.

Lecture of Mr. John Mark Paracad– Philippine Government and

Constitution Social Science
 Writ of Habeas Corpus – is an order issued
by a court of competent jurisdiction, directed to
the person detaining another, commanding him
to produce the body of the prisoner at a
designated time and place and to show
sufficient cause for holding in custody the
individual so detained.

Lecture of Mr. John Mark Paracad– Philippine Government and

Constitution Social Science
 SECTION 14
RIGHTS OF ACCUSED DURING
TRIAL
a. Right to due process of law - simply stated, due
process of law means fair trial, that is, a person court
changed with a criminal offense before a court is
given the opportunity to defend himself in court and
that before a judgment is issued or rendered, there is
trial;
b. Right to presumption of innocence – in all
criminal prosecutions, the accused is always
presumed innocent;
c. Right to be informed of the nature cause of
accusation against him – every person accused of an
offense has the right to know the nature and the cause
accusation against him and why the crime is imputed
to him;
d. Right to have a:
Speedy trial–means one could be done immediately
without capricious delays and according to established
rules and procedures;
Impartial trial-it is conducted by the court without bias
for or against the litigants and that the case is decided
solely on its merits; and
Public trial-meaning, it is open to the public;
EXCEPT: cases offensive to public morals or decency
Lecture of Mr. John Mark Paracad– Philippine Government and
Constitution Social Science
e. Right to meet the witnesses face-to-face – the accused has
the right to confront or meet the witnesses face to face to
(1) allow the accused to cross-examine, through his
counsel, the witnesses against him or in order to test and
probe into the veracity or truth of their testimonies,
affidavits and evidence; and (2) to afford the judge the
opportunity to see for himself how the witnesses behave
while testifying and being cross-examined;
f. Right to compulsory process – every person with a crime
has a right to have compulsory process to secure the
appearance or attendance of witnesses and the production
of his evidence;

Lecture of Mr. John Mark Paracad– Philippine Government and

Constitution Social Science
GENERAL RULE: Accused has the right
to be present always during trial
EXCEPT: Trial in absence of the accused-
“TRIAL IN ABSENTIA”
Conditions
a) He has been arraigned;
b) He has been duly notified of the trial
c) His failure to appear is unjustifiable

Lecture of Mr. John Mark Paracad– Philippine Government and

Constitution Social Science
SECTION 15
 The privilege of the writ of habeas corpus
shall not be suspended except in cases of
invasion or rebellion, when the public safety
requires it.
 Writ of Habeas Corpus – is an order issued by a
court of competent jurisdiction, directed to the person
detaining another, commanding him to produce the
body of the prisoner at a designated time and place
and to show sufficient cause for holding in custody the
individual so detained.

Lecture of Mr. John Mark Paracad– Philippine Government and

Constitution Social Science
 SECTION 16
 Allpersons shall have the right to a
speedy disposition of their cases
before all judicial, quasi-judicial, or
administrative bodies.
-This speaks of SPEEDY
DISPOSITION (right to have one’s
case be resolved as fast as possible)

Lecture of Mr. John Mark Paracad– Philippine Government and

Constitution Social Science
SECTION 17
 No person shall be compelled to
be a witness against himself.
Right against self-incrimination
– the accused cannot be
compelled to testify against
himself;

Lecture of Mr. John Mark Paracad– Philippine Government and

Constitution Social Science
SECTION 18
a. Right against detention for political
beliefs – the constitution abhors the
detention of any person by reason of his
political beliefs or aspirations;
b. Right against involuntary servitude –
in person can be forced to render
compulsory service to another;
(e.g prohibition on slavery)

Lecture of Mr. John Mark Paracad– Philippine Government and

Constitution Social Science
SECTION 19
a. Right to excessive fines – the constitutional
guarantee against excessive fines ordains that the
fine imposed on convict must be the one provided
in the law;
b. Right against cruel, degrading/inhuman
punishment
cruel punishment-this means that torture, mutilation
or severance or cutting off of body parts, etc. or
severe pain punishment
degrading punishment-it demeans the person of the
convict/ putting one to public humiliation;
SECTION 20
 No person shall be imprisoned for debt or
non-payment of a poll tax.
RIGHT AGAINST IMPRISONMENT
FOR NON-PAYMENT OF POLL TAX
and DEBT
a. POLL TAX-cedula/community tax
certificate-for residence tax
b. DEBT:
-simple
-fraudulent(punishable)-limitation to the right
Lecture of Mr. John Mark Paracad– Philippine Government and
Constitution Social Science
SECTION 21
Right against double jeopardy –
putting a person twice in jeopardy of
punishment for the same offense
constitutes double jeopardy. The
guarantee provides protection to a
person against the chance of being
punished or tried twice for one and
the same offense.
Lecture of Mr. John Mark Paracad– Philippine Government and
Constitution Social Science
SECTION 22
 No ex post facto law or bill of attainder shall be
enacted.
a. EX-POST FACTO LAW
-law that punishes an act during the time of
which it was committed was not yet a crime;it is
prohibited
EXCEPT: if favorable to the accused
b. BILL OF ATTAINDER
-convicting an accused without the benefit of
trial
Lecture of Mr. John Mark Paracad– Philippine Government and
Constitution Social Science