1987

IL L OF
CL E 3: B
AR TI
HT S
RIG
 1 SECTION 1-11: SECTION 12-22:
It focuses Rights of the
accused, an
2 on the implication of
RIGHTS of historical
3 the array during
PEOPLE Martial Law
4 (1987
Constitution)
 Right to LIFE, LIBERTY and PROPERTY and Equal
protection of the laws

2
Section 1. No person shall be
deprived of life, liberty, or property
3
without due process of law, nor
shall any person be denied the
4
equal protection of the laws.
 Warrant of Arrest, Search and Seizures, Probable Cause,
Warrantless Arrest
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
3 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
4 witnesses he may produce, and particularly describing the
place to be searched and the persons or things to be seized.
 The Privacy of communication
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
4 the preceding section shall be inadmissible for any
purpose in any proceeding.
 Freedom of Speech; Right to a Free Press; Freedom
of Assembly; the Right of Petition

5 Section 4. No law shall be passed

abridging the freedom of speech,
6 of expression, or of the press, or
the right of the people peaceably
7 to assemble and petition the
government for redress of
grievances.
 The free exercise and enjoyment of religious profession &
worship, w/o discrimination
Section 4. No law shall be passed abridging the
freedom of speech, of expression, or of the press, or
Section 5. No law shall be made respecting an
the right of the people peaceably to assemble and
establishment of religion,for
petition the government or redress
prohibiting the free
of grievances.
6 exercise thereof. The free exercise and
enjoyment of religious profession and worship,
without discrimination or preference, shall
7 forever be allowed. No religious test shall be
required for the exercise of civil or political
rights.
 The liberty of abode and the right to travel
Section 4. No law shall be passed abridging the
Section 6. The
freedom of liberty ofexpression,
speech, of abode and ofthe
or of changing
press, or
the right of the people peaceably to assemble and
the same within the limits prescribed by law
petition the government for redress of grievances.
7 shall not be impaired except upon lawful order
of the court. Neither shall the right to travel be
8 impaired except in the interest of national
security, public safety, or public health, as may
be provided by law.
 The right of the people to information on matters of
public concern shall be recognized
Section 4. No law shall be passed abridging the
freedom of speech, of expression, or of the press, or
Section 7. The rightofofthethe
the right people
people to information
peaceably on and
to assemble
matters of public
petitionconcern shall befor
the government recognized. Access to
redress of grievances.
official records, and to documents and papers pertaining
to official acts, transactions, or decisions, as well as to
8 government research data used as basis for policy
development, shall be afforded the citizen, subject to
such limitations as may be provided by law.
 The Right to Form Union
Section 4. No law shall be passed abridging the
9 right of the peopleoftospeech,
Section 7. The freedom ofmatters
expression, orshallofbethe press, or
the
recognized. Access Section
toright of the
official records, 8. toThe
information on
andpeople right
documentspeaceably of tothe
of public concern
and papers pertaining people,
assemble
to official and
acts, transactions, or decisions, as well as to government research data used as basis for
policy development, including
petition the government
shall be afforded those
the citizen, employed
subject tofor
suchredress
limitations asof bein the
maygrievances.

10
provided by law.

public and private sectors, to form

unions, associations, or societies for
11 purposes not contrary to law shall
not be abridged.
 Right4. to
Section No law Justshall Compensation
be passed abridging the
Section 7. The freedom oftospeech,
right of the people information on ofmatters
expression, orshallofbethe press, or
of public concern
the
recognized. Access toright of the
official records, andpeople
to documentspeaceably to
and papers pertaining assemble
to official
acts, transactions, or decisions, as well as to government research data used as basis for
and
petition the government
the citizen, subject tofor
suchredress
limitations asof
maygrievances.

10 Section 9. Private property

policy development,
provided by law.
shall be afforded be

shall not be taken for public

11 use without just
compensation.
 Non-Impairment Clause
Section 4. No law shall be passed abridging the
Section 7. The freedom oftospeech,
right of the people information on ofmatters
expression, orshallofbethe press, or
of public concern
the
recognized. Access toright of the
official records, andpeople
to documentspeaceably to
and papers pertaining assemble
to official and
Section 10. No law
acts, transactions, or decisions, as well as to government research data used as basis for
petition
policy development,
provided by law.
the government
shall be afforded the citizen, subject tofor
suchredress
limitations asof
maygrievances.
be

impairing the obligation of

11 contracts shall be passed.
 Free Access to Court
Section 4. No law shall be passed abridging the
Section 7. The freedom oftospeech,
right of the people information on ofmatters
expression, orshallofbethe press, or
of public concern

Section 11. Free access to the courts

the
recognized. Access toright of the
official records, andpeople
to documentspeaceably to
and papers pertaining assemble
to official
acts, transactions, or decisions, as well as to government research data used as basis for
and
petition
policy development, the government
shall be afforded the citizen, subject tofor
suchredress
limitations asof
maygrievances.
be

and quasi-judicial bodies and

provided by law.

adequate legal assistance shall not be

12 denied to any person by reason of
poverty.
 Right of Person under Custodial Investigation
Section 12. (1) Any person under
Section 4. Noinvestigation law shall for be thepassed abridging the
commission
13
Section 7. The freedom oftospeech,
right of the people
of an offense
information on ofmatters
expression,
shall have theor
of public concern ofbethe press, or
right
shall
toandbe informed of his rightto to
the
recognized. Access toright of the
official records,
acts, transactions, or decisions, as wellremain
people
to documents peaceably
and papers to
pertaining assemble
official and
silent and to have
as to government research data used as basis for
petition
policy development, the government
shall be afforded the citizen, subject tofor
competent and suchredress
limitations asof
independent maygrievances.
be

14
Section
provided 11. Free access to the courts and quasi-judicial bodies and adequate legal
by law.
counsel
assistance shall not be denied to any person bypreferably of his own
reason of poverty.
choice. If the person cannot afford
the services of counsel, he must
be provided with one. These
15 rights cannot be waived except
in writing and in the

presence of

counsel.
 (2) No torture, force,
violence, threat,
Section 4. No law shall be passed abridging the
13 right of the peopleofmeans
Section 7. The freedom
intimidation, or any other
tospeech, ofmatters
which and
information on expression,
vitiate
orshallofbethe press, or
the free
of public concern
the
recognized. Access to right
official of the
records,
acts, transactions, or decisions, aswill
and people
to documents peaceably
papers to
pertaining assemble
to official and
shallsubject
well as to governmentbeto such
used
research data against
used as basis for
petition
policy development, shall be the government
afforded the citizen, for redress
limitations asof
maygrievances.
be
him. Secret detention places,
14 assistance shall not be denied to any person by reason of poverty.
Section
provided 11. Free access to the
by law. courts and quasi-judicial bodies and adequate legal

solitary, incommunicado, or
other similar forms of
detention are
15 prohibited.
 (3) Any confession or admission
obtained in violation of this or
Section 4.Section No law shall 17 hereof be passed shallabridging
be the
13 freedom ofinadmissible
speech, of inexpression,
evidence against
Section 7. The right of the people to information on matters of public concern orshallofbethe press, or
him.and to documents and papers pertaining to official
the right ofwell
recognized. Access to official theas topeople
records,
acts, transactions, or decisions, as(4)
peaceably toas basis
assemble and
The law shall provide for
government research data used for
petition
policy development, the government
shall be afforded
penal
the citizen, subject tofor
and
suchredress
civil bodies
limitations asof
sanctions
maygrievances.
and adequatefor
be

14 assistance shall not be deniedviolations

Section
provided 11. Free access to the
by law. courts and quasi-judicial legal
to any person by reason of poverty.
of this section as well
as compensation to and
rehabilitation of victims of
15 torture or similar practices,
and their families.
 The Right to Bail & Against Excessive Bail
Section 4.(3)NoAnylaw shall be passed
confession or admission obtained in
abridging the
Section 7. The freedom ofviolation
tospeech,
of thisofor expression,
Section 17 hereof shall orshallof
be the press, or
right of the people information on matters of public concern be
inadmissible in evidence against him.
Section the
recognized. Access toright
13. All of the
The people
and to documentspeaceably
persons,
official records,
(4) except
law shall providethose to
and assemble
for penalcharged
and papers pertaining
acts, transactions, or decisions, as well as to government research data used as basis for
civil with and
to official
sanctions for violations of this section as well as
offenses
policy petition
development, punishable
shall be the
affordedgovernment
theby
citizen,
compensation to
subject tofor
reclusion
and redress
limitations asof
suchperpetua
rehabilitation of victims when
may grievances.
of
be

14 evidence
Section
provided 11. Free access to the courts and quasi-judicial bodies and adequate legal
by law.
ofbeguilt
assistance shall not denied toisany
torture
strong,
orperson
shall,
similarbypractices,
reason ofandbefore conviction, be
their families.
poverty.

bailable by sufficient sureties, or be released on

recognizance as may be provided by law. The right to
15 bail shall not be impaired even when the privilege of
the writ of habeas corpus is suspended. Excessive bail
shall not be required.
 Right of the Accused
Section 14. (1) No person
Section 4.(3)Noshall
law beshall
held be
to answer
passed for a criminalthe
abridging offense
Any confession or admission obtained in
without due process of law.
freedom ofviolation
speech,
of thisof
or expression, or of
Section 17 hereof shall be the press, or
Section 7. The right of the people to information on matters of public concern shall be
inadmissible in evidence against him.
the right of the people peaceably to assemble and
recognized. Access to official records, and to documents and papers pertaining to official
(4) The law shall provide for penal and civil
(2) In all criminal prosecutions,
acts, transactions, or decisions, as the accused
well as to government researchshall beaspresumed
data used
sanctions for violations of this section as well as
basis for innocent
until the
Section
petition the government for redress of grievances.
policy development, shall be afforded the citizen, subject to such limitations as may be
contrary is proved,
11. Free access and
compensation
to the courts shall
to andenjoy theandright
rehabilitation
and quasi-judicial bodies to legal
ofadequate
victims be
of heard by
provided by law.
assistance shall not be deniedtorture
to anyorperson
similarbypractices,
reason ofand their families.
poverty.
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
15 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.
 The Writ of the Habeas Corpus
Section 4.(3)NoAnylaw shall be passed
confession or admission obtained in
abridging the
Section 7. The freedom ofviolation
tospeech,
of thisof or expression,
Section 17 hereof shallorshallof
be the press, or

Section 15. The privilege of the writ

right of the people information on matters of public concern be
inadmissible in evidence against him.
the
recognized. Access toright of(4) the
official records,
The people
and to documentspeaceably
law shall provide for penal to
and papers pertaining assemble
to official
and civil
acts, transactions, or decisions, as well as to government research data used as basis for
and
sanctions for violations of this section as well as
petition the government
the citizen, subject tofor
suchredress
limitations asofmaygrievances.
of habeas corpus shall not be
policy development, shall be afforded be
compensation to and rehabilitation of victims
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal of
provided by law.
torture
assistance shall not be denied to anyorperson
similarbypractices,
reason ofand their families.
poverty.

suspended except in cases of

16 invasion or rebellion when the
public safety requires it.
 The right to a speedy disposition of the cases
Section 4. No law shall be passed abridging the
17 Section
Section 7. The freedom oftospeech,
right of the people
16. All
information on ofmatters
expression,
persons orshallofbethe press, or
of public concern
shall have
the right of the people peaceably to assemble and
recognized. Access to official records, and to documents and papers pertaining to official

the shall beright the to

citizen,a speedy disposition
acts, transactions, or decisions, as well as to government research data used as basis for
petition
policy development, the government
afforded subject tofor
suchredress
limitations asof
maygrievances.
be

18
provided by law.

of their cases before all judicial,

quasi-judicial, or administrative
19 bodies.
 The right against self-incrimination
Section 4. No law shall be passed abridging the
Section 7. The freedom oftospeech,
right of the people information on ofmatters
expression, orshallofbethe press, or
of public concern

Section 17. No person

the
recognized. Access toright of the
official records, andpeople
to documentspeaceably to
and papers pertaining assemble
to official and
acts, transactions, or decisions, as well as to government research data used as basis for
petition
policy development, the government
shall be afforded the citizen, subject tofor
suchredress
limitations asof
maygrievances.
be

18
provided by law.

shall be compelled to be
19 a witness against
himself.
 The Right to political beliefs and aspirations
Section 4. No law shall be passed abridging the
Section
Section 7. The freedom
18.
right of the (1) of
people tospeech,
No person
information of
on expression,
matters of shall
public or
concernbe of
shall the press,
detained
be or
the right of the people peaceably to assemble and
recognized. Access to official records, and to documents and papers pertaining to official

solely by
policy development, reason
shall ofcitizen,his
the government
be afforded the subjectpolitical
tofor limitations asbeliefs
acts, transactions, or decisions, as well as to government research data used as basis for
petition suchredress of and
maygrievances.
be
provided by law.
aspirations.
(2) No involuntary servitude in any form
19 shall exist except as a punishment for a
crime whereof the party shall have been
duly convicted.
 The prohibition against cruel, degrading or inhuman
punishment
Section 4. No law shall be passed abridging the
Section 19. (1) Excessive
freedom of fines
speech, shall
of not
expression,be imposed,
or
Section 7. The right of the people to information on matters of public concern shall beof the nor cruel,
press, or
degrading
recognized.orAccess
inhuman
the toright of punishment
the
official records, andpeople inflicted.
to documentspeaceably Neither
to
and papers pertaining to official shall
assemble andthe
acts, transactions, or decisions, as well as to government research data used as basis for
deathpolicy
penalty
development, be
petition imposed,
shall be the government
afforded unless,
the citizen, forredress
subject tofor
such compelling
limitations asof reasons
maygrievances.
be
provided by law.
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
20 punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman
conditions shall be dealt with by law.
 Non-Imprisonment for debts
Section 4. No law shall be passed abridging the
21 right of the peopleoftospeech,
Section 7. The freedom information on ofmatters
expression, orshallofbethe press, or
of public concern
the
recognized. Access
20.right of the
to official records, andpeople
to documentspeaceably to
and papers pertaining assemble
to official and
Section
Section 20. No person
petition
policy development,
No person shall be imprisoned for
the government
shall be afforded
debt or non-payment
the citizen, subject tofor
suchredress
of a poll tax.
acts, transactions, or decisions, as well as to government research data used as basis for
limitations asof
maygrievances.
be

22
provided by law.

shall be imprisoned for

23 debt or non-payment of a
poll tax.
 Right against double jeopardy
Section 4. No law shall be passed abridging the
Section 7. The freedom oftospeech,
right of the people information on ofmatters
expression, orshallofbethe press, or
of public concern
Section
recognized. the
Access
Section 20.right
21.
to official of No
the
records,
No person shall
toperson
andpeople
be imprisoned for
and shall
documentspeaceably be
to
papers pertaining
debt or non-payment
twice
assemble
to official
of a poll tax.
acts, transactions, or decisions, as well as to government research data used as basis for
put
and
in petition
jeopardy
policy development, of
the government
shall be afforded punishment
the citizen, subject tofor
suchredressforasofmay
limitations the be same
grievances.
22
provided by law.
offense. If an act is punished by a law
and an ordinance, conviction or acquittal
23 under either shall constitute a bar to
another prosecution for the same act.
 Section 4. No law shall be passed abridging the
Section 22. No ex post
Section 7. The freedom
the
recognized. Access
Section 20.right
oftospeech,
right of the people
of
information on
the
to official records,
No person shall
andpeople
ofmatters
expression,
to documentspeaceably
be imprisoned for to
orshallofbethe press, or
of public concern
and papers pertaining
debt or non-payment assemble
to official
of a poll tax. and
facto law or bill of
acts, transactions, or decisions, as well as to government research data used as basis for
petition
policy development, the government
shall be afforded the citizen, subject tofor
suchredress
limitations asof
maygrievances.
be
provided by law.

attainder shall be
23
enacted.
 Section 4. No law shall be passed abridging the
Section 7. The freedom oftospeech,
right of the people information on ofmatters
expression, orshallofbethe press, or
of public concern
the
recognized. Access
Section 20.right of the
to official records,
No person shall
andpeople
to documentspeaceably
be imprisoned for to
and papers pertaining
debt or non-payment assemble
to official
of a poll tax.
acts, transactions, or decisions, as well as to government research data used as basis for
and
petition
policy development, the government
shall be afforded the citizen, subject tofor
suchredress
limitations asof
maygrievances.
be
provided by law.