Professional Documents
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BILL OF RIGHTS
• The 3rd article in the 1987 Philippine Constitution. It
establishes the relationship of the individual to the State
and defines the rights and privileges of the individual and
a limitation upon the power of the state
• The Bill of Rights was first introduced in the 1935
Philippine constitution
3 Classifications of Rights
• 1.Natural right
– Rights that are not granted by the state, but possessed by every
citizen based on their dignity
• 2.Constitutional right
– Rights conferred and protected by the Constitution that give citizens
the power to participate in the establishment or administration of
government.
• 3.Statutory right
– These are rights that are promulgated by laws through law-making
bodies, and may, be abolished by the same body.
CIVIL RIGHTS
• Rights that secure every individual of
the enjoyment of their means of
happines
1. Sec 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.
2. Sec 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.
– a)These rights cannot be waived except in writing and in the
presence of counsel.
– b)(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.
– c)(3)Any confession or admission obtained in violation of this or
Section 17 hereof shall be inadmissible in evidence against him.
– d)(4)The law shall provide for penal and civil sanctions for violations
of this section as well as compensation to the other rehabilitation of
victims of torture or similar practices, and their families.
3. Sec 18: (1)No person shall be detained solely by reason
of his political beliefs and aspirations.
4. Sec 19: (1) Excessive fines shall not be imposed, nor
cruel, degrading or inhuman punishment inflicted. Neither
shall 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.
Sections that are in 1972 but not in the 1987
Constitution:
• 1)Sec 10: No law granting a title of royalty or nobility shall
be enacted.
1987 1972
3rd article with 22 sections 4th article with 23 sections
Section 8, Section 12 and Section 10
Section 18 paragraph 1,
Section 19
No death penalty
1935 Constitution
• First to introduce the Bill of Rights
• 3rd article with 21 sections
• Does not contain the right of the people to information on matters of
public concern shall be recognized.
• Does not contain the right to a speedy trial