BILL OF RIGHTS 1987 Philippine Constitution’s

Article III
 BILL OF RIGHTS
It is a declaration and enumeration of a
person’s rights and privileges which
the Constitution is designed to protect
against violation by the government, or
by individual or group of individuals.
WHO ARE THE PERSONS
PROTECTED?
All persons within the territorial
jurisdiction of the Philippines, without
regard to any difference of race, color,
or nationality, including aliens.
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.
WHAT CONSTITUTES
DEPRIVATION?
Deprivation of Life - the loss of any of the
various physical and mental attributes which man
must have to live as a human being.
Deprivation of Liberty – that one is unduly
prevented from acting the way he wishes to do.
Deprivation of Property – when its value is
destroyed or its adaptability to some particular use or
its capability for enjoyment is impaired.
WHAT IS DUE PROCESS?
•The idea that laws and legal proceedings must
be fair.
•Principle that the government must respect all
of a person's legal rights instead of just some or
most of those legal rights when the government
deprives a person of life, liberty, or property.
SECTION 2
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.
SEARCH WARRANT VS.
ARREST WARRANT
Commands to search Orders to arrest a
for a certain personal person and to take
property and bring it him in custody in
before the court. order that he may be
bound to answer for
the commission of an
offense.
WHAT MAKES A SEARCH
WARRANT OR
WARRANT OF ARREST
VALID?
1. Issued upon probable cause.
2. The probable cause must be personally determined by
the judge himself.
3. Such determination of the existence of probable cause
must be made after examination by the judge of the
complainant and the witnesses he may produce.
4. Must particularly describe the place to be searched and
the persons or things to be seized.
WHAT IS A PROBABLE
CAUSE?
Facts and circumstances, based on
factual evidences, related to the
issuance of warrant sufficient in
themselves to rely upon them and act
in pursuance thereof.
WHEN IS SEARCH
MAY BE MADE
WITHOUT WARRANT?
•Where there is consent or waiver.
•Where search is an incident to a lawful arrest.
•In the case of contraband or forfeited goods being transported.
•The possession of articles prohibited by law is disclosed to plain
view.
•Supervision and regulation in the exercise of police power.
•Routinary searches usually made at the border or at ports of entry
in the interest of national security and for proper enforcement or
customs and immigration laws.
WHEN ARREST MAY BE
MADE WITHOUT
WARRANT?
•When the person to be arrested has actual
personal knowledge of the fact.
•When the person to be arrested is a prisoner
who have escaped from imprisonment.
•When the person is actually committing or
attempting to commit an offense.
SECTION 3
(1) 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.
(2) Any evidence obtained in violation of this or
the preceding section shall be inadmissible for
any purpose in any proceeding.
RIGHT OF PRIVACY
•The right to be left alone.

A right designed to secure enjoyment

of one’s private life.
WRIT OF HABEAS DATA
Is a remedy available to any person whose right
to privacy in life, liberty or security is violated
or threatened by an unlawful act of any official
or employee, or of a private individual or entity
engaged in the gathering, collecting or storing
of data or information regarding the person,
family, home and correspondence of the
aggrieved party.
HOW DOES THE WRIT
OF HABEAS DATA
WORKS?
Under the writ of habeas data, a person
can compel the release of information,
or to update, rectify, suppress or destroy
database, information or files in the
control of the respondents in a petition.
SECTION 4
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.
FREEDOM OF SPEECH,
OF EXPRESSION AND OF
THE PRESS
The right to freely utter and publish
whatever one pleases without previous
restraint, and to be protected against any
responsibility for so doing as long as it
does not violate the law, injure someone’s
character, reputation, or business.
FREEDOM OF SPEECH, OF
EXPRESSION AND OF THE PRESS
• “Speech” and “expression” cover any
form of oral utterances such as protests as
expression of opinion about subjects of
public concern.
•The “press” covers any sort of publications
as instruments for mass media.
Right of Assembly Right of Petition
The right to gather The right to complain
together with others to the government
without fear. People can about things that they
get together with don't like.
whomever they want as
long as they are peaceful
and not causing trouble.
SECTION 5
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
•The right of a man to worship God, and
to entertain such religious views as appeal
to his individual conscience, without
dictation or interference by any person or
power.
SEPARATION OF CHURCH
AND STATE
Article II, Section 6 states that the
separation of Church and State shall be
inviolable.
SECTION 6
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.
LIBERTY OF ABODE AND
TRAVEL
The right of a person to have his home in
wherever place chosen by him and
thereafter to change it at will, and to go
where he pleases, without interference of
any source.
LIMITATIONS ON THE
RIGHT
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.
SECTION 7
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.
SECTION 7
seek to promote transparency in
policy-making and in the
operations of the government, and
to provide the people sufficient
information to exercise effectively
other constitutional rights.
SOME OF THE RECOGNIZED
LIMITATIONS ON THE RIGHT
TO INFORMATION:
1. National security matters. These
include state secrets regarding military,
diplomatic and other national security
concerns, and information on inter-
government exchanges prior to the
conclusion of treaties and executive
agreements.
SOME OF THE RECOGNIZED
LIMITATIONS ON THE RIGHT
TO INFORMATION:
2.Trade secrets and banking transactions.
3. Criminal matters or classified law
enforcement matters- such as those relating
to the apprehension, the prosecution and
the detention of criminals, which courts
may not inquire into prior to such arrest,
detention and prosecution .
SOME OF THE RECOGNIZED
LIMITATIONS ON THE RIGHT
TO INFORMATION:
4. Other confidential matters,
including diplomatic correspondence,
closed-door Cabinet meetings and
executive sessions of Congress, and
the internal deliberations of the
Supreme Court.
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.
SECTION 9
Private property shall not be
taken for public use without
just compensation.
INHERENT POWERS
•Power of Eminent Domain- the power
of the State to take private property for
public use upon paying to the owner a
just compensation.
CONDITIONS UPON THE EXERCISE
OF THE POWER OF EMINENT DOMAIN

1. Existence of public use.

2. Payment of just compensation.
3. Observance of due process of the law.
SECTION 10
No law impairing the
obligation of contracts shall
be passed.
OBLIGATION OF A
CONTRACT:
Binds parties to perform their
agreement according to its
terms or intent.
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.
SECTION 12
(1) Any person under investigation for the commission of an
offense shall have the right to be informed of his right to remain
silent and to have competent and independent counsel preferably
of his own choice. If the person cannot afford the services of
counsel, he must be provided with one. These rights cannot be
waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other
means which vitiate the free will shall be used against him. Secret
detention places, solitary, incommunicado, or other similar forms
of detention are prohibited.
SECTION 12
(3) Any confession or admission obtained in
violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(4) The law shall provide for penal and civil
sanctions for violations of this section as well
as compensation to and rehabilitation of
victims of torture or similar practices, and
their families.
SECTION 13
All persons, except those charged with 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
to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended.
Excessive bail shall not be required.
PURPOSE OF BAIL:
Is to relieve the accused from
imprisonment until his conviction
and yet secure his appearance at
the trials.
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 failure to appear is
unjustifiable.
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 the court to
produce the body of the criminal
or prisoner at a designated time
and place, in order to explain the
cause of detention.
WRIT OF HABEAS
CORPUS:
When the privilege of the writ of habeas
corpus is suspended, persons suspected of
committing the crime will be detained or
arrested without the need of warrant.
SECTION 16
All persons shall have the right to
a speedy 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.
RIGHT AGAINST SELF-
INCRIMINATION:
Right of a person to refuse to answer
questions or give testimony against
himself which will subject him to an
incrimination.
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.
INVOLUNTARY
SERVITUDE:
Enforced or compulsory
service of one to another such
as slavery.
SECTION 19
(1) Excessive fines shall not be imposed, nor cruel,
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.
 DEBT POLL TAX
Any liability to pay Is a tax imposed on
money arising out of individuals residing
a contract, express within a specified
or implied. territory without
regard to their
property or
occupation.
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 same act.
RIGHT AGAINST DOUBLE
JEOPARDY:
when a person is charged with an offense and
the case is terminate either by conviction or
acquittal,  or  in  any  other  manner  without 
the  consent  of  the accused, the latter cannot
again  be  charged  with  the  same  or
identical offense. 
 
SECTION 22
No ex post facto law or bill
of attainder shall be enacted.
EX POST FACTO LAW
BILL OF
ATTAINDER
is a law that changes Is a legislative act
the legal which inflicts
consequences of
actions that were punishment
committed before the without judicial
enactment of the law.  trial.
• https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-
republic-of-the-philippines/the-1987-constitution-of-the-republic-of-the-phili
REFERE
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• https://www.slideshare.net/RichSaber/concept-of-bill-of-rights NCES:
BILL OF RIGHTS
Presentation by:
Nina Riccilyn A. Amoroso
Ashley Rose M. Pablo