ARTICLE III

BILL OF RIGHTS
Concept of a bill of rights

 A bill of rights , otherwise known as the “Charter of Liberty,” may be defined as a

declaration and enumeration of a person’s basic 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.
 Its basis is the social importance accorded to the individual in a democratic or
republican state, the lowliest in economic or social status are equal to the richest
or most influential because they, too, are endowed with human dignity.
Classes of rights

The rights that a citizen of a democratic state enjoys may be classified into:

 Natural rights- They are those rights possessed by every citizen without being granted
by the State for they are given to man by God as a human being created to His image so
that he may live a happy life.
Examples:
right to life
right to liberty
right to property
right to love
 Constitutional rights – They are those rights which are conferred and protected by the Constitution.
Since they are part of the fundamental law, they cannot be modified or taken away by the law-making
body;
 Statutory rights – They are those rights which are provided by laws promulgated by the law-making
body and, consequently, may be abolished by the same body.
Examples:
Right to receive a minimum wage
Right to adopt a child by an unrelated person
Classification of constitutional rights

 The human rights secured by the Constitution include social and economic rights not
just political and civil rights.
They are as follows:
(1) Political rights – They are such rights of the citizens which give them the power to
participate, directly or indirectly, in the establishment or administration of the
government.

Among these rights are the right of citizenship (Art. IV),

the right of suffrage ( Art. V.)
and the right to information on matters of public concern (Sec 7.)
(2) Civil rights – They are those rights which the law will enforce at the instance of private
individuals for the purpose of securing to them the enjoyment of their means of happiness.
They include the:
rights to due process and equal protection of the laws (Sec. 1);
rights against involuntary servitude (Sec 18[2];
imprisonment for non-payment of debt or a poll tax (Sec. 20);
the constitutional rights of the accused (Secs. 11 to 12);
the social and economic rights (infra.); religious freedom (Sec. 5);
liberty of abode and of changing the same (Sec. 6);
and the right against impairment of obligation of a contact ( Sec. 10).
Freedom of speech, of expression, or the press, the right of assembly and petition, and the right to
form associations (Sec. 4, 8) 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;
(3) Social and economic rights – They refer to those rights which are intended to insure the well-
being and economic security of the individual.

The right to property (Sec. 1)

and the right to just compensation for private property taken for public use ( Sec. 9)
belong more appropriately under this third category of rights. They are also provided in the
articles dealing with the promotion of social justice (Art. XIII), the conservation and utilization of
natural resources (Art. XII, Sec. 2), and the promotion of education (Art. XIV, Secs. 1,2, 5[4,5].),
science and technology (Ibid., Secs. 10-13), and arts and culture (Ibid., Secs. 17,18).
Political and civil rights can have meaning only if concrete measures are taken to breathe life and substance to
social and economic rights which include cultural rights; and

(4) Rights of the accused. – They are the (civil) rights intended for the protection of a person accused of any
crime, like the right against unreasonable search and seizure, the right to presumption of innocence, the right to
speedy, impartial, and public trial, and the right against cruel, degrading, or inhuman punishment.

The provisions (Secs. 11 to 12.) particularly and directly dealing with these rights are discussed subsequently.

 State authority and individual freedom.

(1) State an instrument to promote both individual and social welfare. The State, as an organization, exists to
promote the happiness and welfare of both the individual and the group of which he is part. It is not an end by
itself for the glorification of which the life, liberty, property, or happiness of the individual may in all cases be
sacrificed. Neither is it a means for the realization of the best life only by the individual for which the group
may at all times, if necessary, be staked.
Liberty is a blessing without which life is a misery, but should not be made to prevail over authority because
then society will fall into anarchy. The doctrine of laissez (also laisser) faire (let people do as they choose) or
unrestricted freedom of the individual, as axiom of economics and political theory, is of the past.
(2) Conflict between individual rights and group welfare. – The State in modern times is an instrument to
enable both the individual and society together to attain their greater happiness, progress, and welfare.
Consequently , in some cases, the individual must yield to the group; and in other cases, the group to the
individual . It is for the reason that the Constitution creates a domain of individual rights and liberties , which is
protected from encroachments whether by individuals or groups of individuals , and even by the government
itself. For the same reason, the Constitution provides, expressly or impliedly , that in certain cases, when
demanded by the necessity of promoting the general welfare of society, the government may interfere with
these rights and liberties. (Sec. 9).
The people must be strong enough to maintain its control over the government and the government must be
strong enough to maintain its existence and protect the interests of the people.
(3) Balancing of individual and group rights and interests. – How far, consistently with freedom , may the
rights and liberties of the individual be subordinated to the will of the government is a question which has
assailed the very existence of governments from the beginning of time.
The effective balancing of the claims of the individual and those of the community is the essence, or the
indispensable means for the attainment of the legitimate aspiration of any democratic society. There can be no
absolute power whoever exercises it, for that would be tyranny ; yet there can be neither be absolute liberty for
that would mean license and anarchy.
(4) Role of the Judiciary – On the judiciary , in appropriate cases, rests primarily this all important duty of
balancing the interests of the individual and group welfare in the adjudication of disputes that is fair and
just to the parties involved and beneficial to the larger interests of the community or the people as a whole.
In the exercise of the power of the judicial review, (see Art. VIII, Secs. 4, 5), our courts, ultimately the
Supreme Court, act as arbiters of the limits of governmental powers especially in relation to individual
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 .

 Meaning of due process of law.

 Under the Constitution, a person may be deprived by the State of his life, liberty, or property provided
due process of law is observed.

But what is meant by due process of law? No exact definition has been given to the expression, the
reason being that the idea expressed therein is applicable under so many diverse conditions or situations
as to make any attempt at precise definition impossible. For our purpose, however, we can safely say
that any deprivation of life, liberty, or property by the State is with due process if it is done (1) under the
authority of a law that is valid (i.e., not contrary to the Constitution)or of the Constitution itself , and (2)
Aspects of due process of law
Due process of law has, therefore, a two (2)-fold aspect, namely:

(1) Procedural due process which refers to the method or manner by which the law is enforced. It requires, to
paraphrase Daniel Webster’s famous definition (in his argument in the Dartmouth College case, 4 Wheat 518),
a procedure “which hears before it condemns, which proceeds upon inquiry, and renders judgement only after
trial.” An indispensable requisite of this aspect of due process is the requirement of notice and hearing; and

(2) Substantive due process which requires that the law itself, not merely the procedures by which the law
would be enforced is fair, reasonable, and just. In other words, no person shall be deprived of his life, liberty,
or property for arbitrary reason or on flimsy grounds.
Thus , not only what may be done by any government agency but also how it may be done should satisfy the
requirements of due process in order to make the deprivation valid under the Constitution. It is only in a
totalitarian state that an individual may be punished for a crime or deprived of the enjoyment of his rights at
the pleasure or whim of “one in authority” because the principle of the rule of law (see introduction B )is not
observed.
Procedural due process
(1) In judicial proceedings. – For the most part, procedural due process has its application in judicial
proceedings, civil or criminal. It requires:
(a) An impartial court clothed by law with authority to hear and determine the matter before;
(b) Jurisdiction lawfully acquired over the person of the defendant or property which is the subject matter of the
proceeding;
(c) Opportunity to be heard given the defendant; and
(d) Judgement to be rendered after lawful hearing.
Thus, there is a denial of procedural due process where an accused has been charged with an offense (e.g., theft)
and convicted of another (e.g., robbery)
Of course, the plaintiff has also a right to be given opportunity to be heard on his claim.
(2) In administrative proceedings. – Due process, however, is not always judicial process. In certain proceedings
of an administrative character, notice and hearing may be dispensed with, where because of public need or for
practical reasons, the same is not feasible. Thus, an offender may be arrested pending the filing of charges, or an
officer or employee may be suspended pending an investigation for violation of civil service rules and regulation.
It is sufficient if opportunity is later given to the individual adversely affected to test the validity or
propriety of the administrative action on appeal to superior administrative authorities or to the court, or
both.

 Substantive due process.

Viewed in its substantive aspect, due process of law requires that the law in question affecting life, liberty,
or property be a valid law, i.e., within the power of the law-making body to enact and is reasonable in its
operation.

(1) Thus, a tax which is imposed for a private purpose constitute a taking of property without due process
as it is beyond the authority of the legislature to levy, (see Preamble.) There is still a denial of substantive
due process even if the law provides for a notice and hearing in the assessment and collection of the tax.
The reason is that tax can be imposed only for a public purpose (e.g., construction of public school
buildings, promotion of science , payment of salaries of government officials and employees etc.).
(2) Likewise, the taking of property for private use or without payment of just compensation offends
substantive due process (see Sec. 9, infra.)
 Persons protected.
 The term “person” in the above constitutional provision embraces all persons within the territorial
jurisdiction of the Philippines, without regard to any difference or race, color, or nationality, including
aliens.
Private corporations, likewise, are persons within the scope of the guarantee in so far as their property is
concerned. But not municipal corporations (local governments) as they are mere creatures of the State.
 Meaning of life.
 Life, as protected by due process of law, means something more than mere animal existence. The
prohibition against its deprivation without due process extends to all the limbs and faculties by which life
is enjoyed.
 Meaning of liberty.
 Liberty, as protected by due process of law, denotes not merely freedom from physical restraint (e.g.,
imprisonment). It also embraces the right of man to use his faculties with which he has been endowed by
his Creator subject only to the limitation that he does not violate the law or the rights of others.
Liberty is not license or unlimited freedom to act according to one’s will. The very enjoyment of rights
necessarily imposes the observance of duties. Rights and duties are inseparable. Thus, one may enjoy the
liberty of speech (see Sec. 4.), but he could not use it to urge the overthrow of the government , or to defame
another.
Meaning of property.
Property, as protected by due process of law, may refer to the thing itself or to the right over a thing. The
constitutional provision, however, has reference more to the rights over the thing. It includes the right to own,
use, transmit and even to destroy , subject to the right of the State and of other persons.
What constitutes deprivation.
What the Constitution prohibits is the deprivation of life, liberty, or property without due process of law.
(1) Deprivation of life. – It refers not merely to the extinction of human existence. It includes the loss of any
of the various physical and mental attributes (e.g., limbs, eyes, brain ; power of reproduction, etc.) which
man must have to live as a human being. To be sure, some people would prefer death to living without
eyesight or as a bedridden invalid.
The right to life is the very foundation of all human rights. (see Art. 11].) Without this rights, all other human
rights are empty and meaningless.
(2) Deprivation of liberty. – To constitute deprivation of liberty, it is not necessary that a person be detained or
confined. Liberty need to be lost in its entirely. To the extent that one is unduly prevented from acting the way he
wishes to do, there is a diminution of liberty. For example, a law which requires every parent to send their
children only to public schools is unconstitutional as an unreasonable restriction on the liberty of parents to
direct the education of their children under their control. Such a law deprives the parents of their liberty without
due process of law. (see Art. II, Sec, 12, supra.)
(3) Deprivation of property.- With reference to property, it is not necessary that it be physically taken away from
one entitled to it. There is also deprivation, when its value is destroyed or its adaptability to some particular use,
or its capability for enjoyment is impaired. Thus, there is deprivation of property without due process of law
where the owner is constrained to devote it, wholly or in part , to public use without compensation, as where
carriers are required to furnish free transportation of persons or goods under certain circumstances, or where the
value of an exclusive franchise (see Art. XII, Sec. 11.) is destroyed by government competition.
 Meaning of equal protection of the laws.
 Equal protection of the laws signifies that “all persons subject to legislation should be treated alike, under
like circumstances and conditions both in the privileges conferred and liabilities imposed.”
 The guarantee does not require that persons or things different in fact be treated in law as though they
were the same. Indeed, inequality will result if the law will treat them alike as when different net incomes
(e.g., P100,000 and P10,000) are taxed at the same amount. What it prohibits is class legislation, which
discriminates against some and favors others when both are similarly situated or circumstanced. Thus, for
example, a law imposing professional tax of P100 on lawyers (or any profession) residing in Manila and
P75 on lawyers residing outside Metro Manila is within the prohibition as it is patently discriminatory and
unreasonable , since they are still “similarly situated ,” their places of residence being totally irrelevant to
the amount of tax that should be paid.
Reasonable Classification permitted
Where there are reasonable grounds for so doing , persons or their properties may be grouped into classes to
each of which special legal rights or liabilities may be attached. No violation is committed as long as the
classification is reasonable, not arbitrarily or capricious and all within the same class are treated alike. Thus,
there is no denial of the protection where under the law
1. Foreign corporations are made to pay higher amount of taxes than that paid by domestic corporations;
2. Certain professions (e.g., sumo wrestling) are limited to persons of the male sex;
3. Certain privileges for leaves and shorter hours of labor extended to women (by reason of the physical
structure and maternal functions of women) are not extended to men.
4. Preference is given to Filipino citizens (as against aliens) in the lease of public market stalls;
5. Different professions are taxed at different amounts;
6. Employment in factories of children under designated ages is prohibited.
Rights against unreasonable searches and seizure
(1) Proper party to invoke right. – The legality of a search and seizure can be contested only by
the party whose personal rights were involved. Consequently, one who is not the owner,
lessee or lawful occupant of premises searched cannot raise the question whether there has
been an unlawful search or seizure.
(2) Right subject to waiver. – Without a proper search warrant ( see requisites ), no public
official has the right to enter the premises of another without his consent for the purpose of
search and seizure. It does not admit of doubt, therefore, that a search or seizure cannot be
considered as unreasonable and thus offensive to the constitution if consent be shown. For
this immunity from unwarranted intrusion is a personal right which may be waived, either
expressly or impliedly.
When search and seizure may be made without warrant.

 In the following instances:

(1) Where there is consent or waiver;
(2) Where search is an incident to a lawful arrest;
(3) In the case of contraband or forfeited goods being transported by ship, automobile, or other vehicle,
where the officer making it has reasonable cause for believing that the latter contains them, in view
of the difficulty attendant to securing a search warrant;
(4) Where, without a search, the possession of articles prohibited by law is disclosed to plain view or is
open to eye and hand;
(5) As an incident of inspection, supervision and regulation in the exercise of police power ( see Sec.
9.) such as inspection of restaurants by health officers of factories by labor inspections, etc. The
same thing may be said of inspection of books of accounts by revenue examiners; and
(6) Routinary searches usually made at the border or at ports of entry in the in the interest of national
security and for the proper enforcement of customs and immigration laws.
When arrest may be made without warrant.
A peace officer or private person may, without a warrant, arrest a person:

1. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to
commit an offense;
2. When an offense has in fact just been committed and he has personal knowledge of facts indicating that the
person to be arrested has committed it; and
3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he
is serving final judgment or temporarily confined while his case is pending, or has escaped while being
transferred from one confinement to another.

 The accompanying search and seizure of the effects (e.g. stolen goods) or instruments (e.g., gun, knife) of
the crime shall also be lawful although done without a search warrant as it is an incident to lawful arrest.
Privacy of Communication and Correspondence

SEC. 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.

 Meaning of right of privacy.

 The right of privacy is concisely defined as the right to be left alone. It has also been defined as the
right of a person to be free from undesired publicity, or disclosure of his communication and
correspondence and as the right to live without unwarranted interference by the public in matters with
which the public is not necessarily concerned.
Basis and purpose of the right.

(1) Right existing in the state of nature. – The right to privacy is considered as belonging to that class of
rights which every human being possesses in his natural state and which he does not lose or surrender by
becoming a member of organized society. It has its foundation in the belief in a person’s inherent right to
enjoy his private life without having incidents relative there to made public against his will.
The right has been equated with the right to live as one chooses under the law, free from interference in
the pursuit of one’s choice.
(2) Right designed to secure enjoyment of one’s private life. – The right to privacy is accorded protection
to secure the enjoyment by a person of his private life. Without the right, one cannot possibly live in peace
and with self-respect and be truly happy.
By the above constitutional provision, there is an express recognition of the right to privacy, specifically
of communication and correspondence that persons may communicate and correspond with each other
without the State having a right to pry into such communication and correspondence subject to the ever
pervading police power of the State. (see Sec. 9, infra.) Letters and messages are usually carried by the
agencies of the government and unless adequate safeguards are provided for, their privacy may be
eventually violated and great harm inflicted upon the citizen as a result.
Relationship with right against unreasonable searches and seizures.

(1) Aspect of right to be secure in one’s person. – The constitution provision on the right of privacy
complements or implements the security of the citizen against unreasonable searches and seizures. The right is
but an aspect of the right to be secure in one’s person.

(2) Privacy of communication and correspondence. – The right to privacy covers all intrusions or arbitrary
interference into the private affairs of persons. It is much broader in scope than the right to privacy of
communication. The latter has specific reference to forms of communication (e.g., telephone, radio, etc.) and
correspondence while the right against unreasonable search and seizures is directed primarily against search
of tangible, material objects, his person, houses, papers, or effects. Thus, it is violative of the guarantee given
by the privacy provision to admit evidence obtained by tapping of the telephone wires, or through the use of a
detectaphone. Here, there is no taking or seizure of tangible and material objects. The evidence is taken only
through the sense of hearing. But the technique employed likewise constitutes “search and seizure” under
Section 2.
Limitations on the right of privacy of communications .

(1) Permissible interference. – The right of privacy of communication and correspondence or simply, the
right to privacy of communication, is not violated when the interference is made:
(a) Upon lawful order of the court; or
(b) When public safety or order requires otherwise as prescribed by law. ( Sec. 3[1].)

(2) Intervention of the court. – The first limitation must be interpreted in the light of the requirements for the
issuance of a search warrant. ( supra.) The second limitation means that the right is subject to the police power
of the State (see Sec. 9.), and in this case, the intervention of the court is not essential. The judicial process is
slow. Thus, while the judge is contemplating his decision, the “objectionable” materials may already be causing
damage that could easily have been averted otherwise.
However, the exercise of the power by an executive officer without court order under No. (2) is subject to
judicial review ( see Art. VIII, Sec. 4[2].) where the existence of the limitation is being questioned by an
aggrieved party.
Evidence illegally obtained.

(1) Inadmissible. – Any evidence obtained in violation of the right against unreasonable search and seizure and
the right to privacy of communication and correspondence is inadmissible for any purpose in any proceeding
(Sec. 4[2].), judicial or administrative.
(2) Reason. – The reason for the inadmissibility of evidence competent as such, which has been unlawfully
acquired, is that its exclusion is the only practical way of enforcing the constitutional guarantees. The action for
damages against the erring officers, their criminal punishment, and such other remedies as may be provided by
law, do not always afford sufficient protection against their violation.
(3) Right of owner. – Since evidence obtained illegally is not admissible, the owner has a right that the articles
seized be returned, unless they are in themselves prohibited or forbidden by law such as illegal drugs,
unlicensed firearms, etc.
Meaning of writ of habeas data.

 The writ of habeas data is a judicial remedy available to any individual whose right to privacy (see Sec.
3.) in life, liberty, or security is violated or threatened by an unlawful act or omission of a public 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.

Purpose of the writ.

 The writ, together with the writ of habeas corpus and writ of Amparo (see Sec. 15.), completes the legal
armory and remedy of a citizen against violations and threats to his rights to life, liberty, security, and
information.
 The writ has for its purpose to secure the privacy of an individual by way of regulating the processing of
personal information or data about him. It gives an individual the right to find out what information is
being kept about him and what use and for what purpose such data are being collected. He is given not
only the right to have access to (e.g., police or military records otherwise closed to them) but also to
question the data and demand that the same be deleted, destroyed, or rectified.
How writ operates.
Any aggrieved party may file a petition in court for the writ of habeas data. In cases of extra-legal killings and
enforced disappearance, the petition may be filed by any member of the immediate family, or collateral relative
of the aggrieved family within the fourth degree of consanguinity or affinity.
The court shall immediately issue the writ which shall be served upon the respondent who shall file a written
return (answer) under oath with supporting affidavits. The hearing on the petition shall be summary. If the
allegations in the petition are proven, the court shall enjoin the act complained or order the deletion, destruction,
or rectification of the data or information or documents if found to be erroneous or false; otherwise, the
privilege of the writ shall be denied.

SEC 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.