GROUP 4

Members:

Doremon, Mark Anthony T.

Ebasan, Angel Vian
Enanoria, Reshia Marie O.
Enguito, Felicete D.
Fortich, Fevy Czielo S.
Gadapan, Cherry Mae E.
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.
Meaning of freedom of speech , of expression ,and the of the press.
-The constitutional freedom of speech and expression, and of the press , otherwise known as
the freedom of expression , implies the right to freely utter and publish whatever one pleases
without previous restraint and subsequent punishment or sanction , and to be protected
against any responsibility for so doing as long as it does not violate the law, or injure
someone’s character , reputation , or business.
-It also includes the right to circulate what is published.
Scope of freedom of expression
-The constitutional guarantee of freedom of expression includes the specific guarantees of
free speech and free press , the rights of assembly and petition , the right to form associations or
societies not contrary to law , and the right to religious freedom.
Scope of terms “speech,” “expression,” and “press.”
(1) “Speech” and “expression” cover any form of oral utterances such as protests as
expression of opinion about subjects of public concern. They cover also picketing for by it one
silently expresses what he has in mind , display of a flag, and salute to the flag . They also
embrace expression by means of motion picture and electronic means of communication

(2) The “press” covers every sort of publications: newspapers , periodicals , magazines , books
Handbills , leaflets , etc. Radio and television as instruments of mass instruments of mass
communication may also be included within this term.
 In the present age of convergence technology (see Art.II,Sec.24;Art.XVI.Sec.10.),we
Have , in addition to the traditional tri-media (print, radio and television),electronic means
communication like the Internet and cellphone. It is not clear whether the Internet is print or
electronic or whether it is a new medium altogether,(see Note 2 to Art. XIV, Secs.10-13; Note 2
to Art.XV,Sec.10)The power of these expansive instruments of mass communication to hurt is immense.
Importance of the guarantee.
(1) Promotes growth of the individual and the nation.-If man is not free to communicate his
ideas to others, not only is his own moral and intellectual development stifled but his
fellowmen are deprived of the benefit and stimulation which he might impart to them. And
unless individuals are at liberty to discuss the various issues that confront the
Community , the government , and the whole web of social relationships,the search for truth
and perfection is impeded.
 Freedom of expression is, therefore ,an inalienable human right that flows from the very
nature of man. As such,it must be nurtured and protected by the state. Without the right, the
full and proper growth of the individual, may the nation is invariably stunted.
(2) Makes possible , scrutiny of acts,and conduct of public officials. – “No one can doubt the
importance of the right: (a) to canvass the acts of public men and the tendency of public
measures, (b) to censure boldly the conduct of rulers and ( c) to scrutinize the policies and
plans of the government. If we would preserve [this right],public opinion must be
enlightened; political vigilance must be encouraged.”
(3) Insures a responsive asd popular government. —It is only through free debate and free
exchange of ideas that a government remains responsive to the will of the people and
peaceful change is affected. The people must be able to voice their sentiments and
aspirations so that they may become active participants in the political process (i.e.,public
discussions,referenda,initiatives,recalls, plebiscites and elections) as well as in national
development.
Freedom of expression not absolute.
(1) Subject to regulation by the state. —The right of freedom of speech and of the press is
essential to the preservation and operation of a stable democracy, but even this right is
not
-Schmandt and Steinbicker,Fundamentals of Government (1954), pp.163-164.
-Tañada and Fernando’,The Constitution of the Phils.(1952),p.313,citing story.
-Do Jonge v. Oregon,299 U.S 353.
 absolute at all times and under all circumstances. It is always subject to some regulation by State in
order that it may not be injurious to the right of the community or society;and this power may be
exercised under the police power of the State to promote or protect the public welfare
(2) Subject one to liability when abused. —Any one who slanders or libels another may be
penalized. Furthermore, “lewd and obscene” speech is not entitled to constitutional protection nor are
“fighting words,” words that by their very utterance injure and provoke others to attack. One has no
right to stand up in a crowded theater and yell “fire” merely to see the confusion and possible panic that
will result. Seditious speeches are also outside the protection of the Constitution.
-Were the right to free speech absolute, a person cannot be prosecuted for whatever he says or
writes for he would only be exercising his freedom of speech or expression.

Justification for abridgment of freedom of speech and of the press.

(1) Clear and present danger rule.—The abridgement of the liberty,however,can be justified only where
there exists substantial danger that the speech will likely lead to an evil the government has a right to
prevent. This known as “the clear and present danger rule.”
(2) Application of rule.—How substantial the danger must be and immediate the evil
results, depends upon the nature of the interest threatened.

a) For example; persons disturbing handbills announcing a public meeting may not be
denied the right to do so merely because there is clear and present danger that the streets
will become cluttered.A town or city has the right to keep its streets clean,but the interest in
clean streets does not justify suppression of speech.
(b) On the other hand,a conspiratorial group may be punished for publicly advocating
violent overthrow of the government, even though the likelihood of such an overthrow is
remote.The interest in preserving our government our government against violent overthrow
is more substantial than that in keeping streets clean. The former justifies restrictions on
speech even when thee danger is remote,whereas the latter does not justify restriction even
when the danger is immediate. But where the seditious words do not pose a clear and
present danger to the State as when they were uttered before a group of old men and
women,the utterances may not be punishable.
Meaning of right of assembly and right of petition.
(1) The right assembly means the right on the part of the citizens to meet peaceably for consultation in
respect to public affairs.
(2) The right of petition means the right of any person or group of persons to apply,without fear of
penalty,to the appropriate branch or office of the government for redress of grievances.

Relationship with freedom of speech and of the press.

(1) Complement of the right of free speech. —The right to assemble and the right to petition are
necessary consequences of our republican institution and the complement of the right of free
speech.All these rights while not identical, are cognate and inseparable.
(2) Application of clear and present danger rule.—As in the case of freedom of speech and of the
press,the rights of assembly and petition include at the very least,immunity from previous restraint and against
any subsequent punishment for
-See Corwin and Peltason, Understanding the Constitution,p.121.
-The Public Assembly Act (B.P.Blg.880) defines guidelines whereby local officials may grant permits
for rallies.A city or town mayor can approve or reject a petition to hold a rally three (3) days before it is
scheduled.Every rejection must be accompanied by a written explanation.Petitioners may appeal the
matter to the courts,which have 24 hours to decide it. A mayor has 48 hours to make the decision.
 their exercise except that it may be restrained or interfered with when there is a clear and
present danger of a substantive evil that the State or government has a right to prevent
under its police power.(see Sec.9.)
Sec.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.
Meaning of religious freedom.
 The constitutional guarantee of religious freedom is 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,civil or ecclesiastical.
 It forbids restriction by law or regulation of freedom of conscience and freedom to adhere to
such religious organization or form of worship as the individual may choose.
Meaning of religion.
 Religion, in its broadest sense, includes all forms of belief in the existence of superior
beings exercising power over human beings and imposing rules of conduct with future state
of rewards or punishments.
 It has been held that any statute or ordinance authorizing an administrative official at his
own discretion to grant or refuse a permit for the use of streets and other public places for
Processions , parades or meetings,there beings no standards required of said official to follow
in deciding whether to grant or use such a permit,is a violation of the right of assembly . Under
our democratic society, no such unlimited and unregulated power may be validly
granted.(see Primicias vs. Fugoso,80 Phil.1.)
*16 Am.Jur.648
*Cantwell v. Connecticut,310 U.S 296
*Ibid.
-It has reference to one’s views of his relations to his creator, and to the obligations they
Aspects of religious freedom
-As guaranteed by the Constitution,religious freedom has two (2) aspects,namely:
(1) The separation of Church and State secured in the first sentence of the provision;and
(2) The freedom of religious profession and worship,in the second sentence of the
provision.
-The first aspect is discussed under Article II,Section 6 (supra.) which declares that “that
separation of Church and State shall be inviolable.
Freedom of religious profession and worship.
-This aspect religious freedom has likewise two (2) aspects,namely:
(1) Freedom to believe in a religion.—Everyone has absolute right to believe whatever he
wishes. A state may not compel a religious belief nor deny any person any right or privilege
because of his beliefs or lack of them.It cannot inquire into the truth or validity of a religious
doctrine.The theory is that a religious belief by itself cannot in any degree affect public
interest;and
(2) Freedom to act in accordance with such belief.—The right to act in accordance with one’s
belief is not and cannot be absolute.Conduct remains subject to regulation and even
prohibition for the protection of society. Religion may not be used to justify action or refusal
to act inconsistent with the public safety,health,morals or general welfare of society,or
violative of the criminal law. Thus, no one has a right to refuse to defend the country in time
of war,to refuse to pay.
-taxes, or to practice polygamy,or to invade the right of others even in the name of religion.It
has been held,however,that it is violative of religious freedom to compel one to salute the
flag,sing the national anthem, and recite the patriotic pledge,during a flag ceremony on pain
of being dismissed from one’s job or of being expelled from school,when these are
considered as “acts of worship” or “religious devotion” to an image or idol which are contrary
to his religion.(Ebralinag vs.Division Superintendent of schools of cebu,219 SCRA 256
[19931]
Right to disseminate religious beliefs.
(1) Relationship with right to believe. – The constitutional guarantee of the free exercise
and enjoyment of religious profession and worship carries with it the right to
disseminate religious beliefs and information. The right to believe and to worship would
be incomplete without the constitutional right to share one’s views with others and to
seek win them to one’s faith, by giving analysis of contrary views and by solicitation of
financial assistance in carrying the truth to others.
(2) Justification for restraint of right. – Any restraint on the right to disseminate religious
ideas and information can only be justified (like other restraints on freedom of
expression supra.) on the ground that there is a clear and present danger of any
substantive evil (e.g. disruption of public peace)which the state has the right to prevent.
To provide public officials, for instance, with discretionary power to grant or withhold
permits for distribution of religious publication would be abridging freedom of religion
(and of the press, and of speech.)
 Any infringement of religious freedom may be justified only to be smallest extent
necessary to avoid grave danger to public welfare and security.
License fee or tax on sale of religious articles.
(1) Permission or condition for exercise of right.– The right of a person to believe
carries with it the right to disseminate his beliefs.The imposition of license or permit
fees on the sale or peddling by a religious organization of religious literature and other
materials from house to house, conducted not for purpose of profit,would impair the
constitutional guarantee of the free exercise and enjoyment or religious profession and
worship.The right to peddle religious information is similar to the right of the priest or
minister to preach a sermon in his church.
 As a license fee is fixed in amount and has nothing to do with the receipt or income of
the taxpayer,suc fee, when applied to a religious sect,would, in effect be imposed as a
condition for the exercise of the sect’s righty under the Constitution
(2) Imposition of financial burden after exercise of right.
–The Constitution,in Section 5,does not,however,prohibit imposing a tax on the sale of religious materials
by a religious organization.Such tax,unlike a license fee, does not restrain in advance the exercise of
religious freedom. It is generally applicable to all and imposed after the activity taxed is completed,and the
fact that the activity is conducted by a religious sect is only incidental.
Religious test prohibited
(1) Meaning of terms.-The Constitution expressly provides that “no religious test shall be required for
the exercise of civil or political rights.”(sec.5.)
(a) A religious test is one demanding the avowal or repudiation of certain religious beliefs before the
performance of any act. Thus,under this injunction,laws prescribing the qualification of public
officials or employees, whether appointive or elective or of voters,may not contain requirements of
religious beliefs.
(b) The expression civil or political rights(supra)is to be understood as including the individual rights
safeguarded by the Constitution and statutory laws.
(2) Reason for provision.-The reason is easy to understand.Without such prohibition,religious freedom
becomes meaningless.The State,without such a bar, notwithstanding the doctrine of its separation
 SEC.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.
Meaning of liberty of abode and travel.
-The liberty of abode and travel is the right of a person to have his home in whatever place chosen by
him and thereafter to change it at will, and to go where he pleases,without interference from any
source.
-The 1935 Constitution speaks only of the liberty of abode. The rights now includes the right to travel.
Limitations on the right.
(1) Permissible interference.-- The right is qualified by the clauses “except upon lawful order of the
court” and “except in the interest of national security, public safety, or public health as may be
provided by law.”(sec.6)the phrases mean,in other words subject to the dominant police power
(see Sec.9,infra.) of the State.Thus the lawmaking body may by law provide for the observance of
curfew hours in time of war or national emergency,the commitment of mentally deranged persons
to a mental institution,the confinement of those with communicable diseases to a hospital,the
(2) Intervention of the court.- note that under the second limitation, a court order is not necessary. The
determination of the proper executive officer (e.g president)is subject to judicial review.
-A person whose liberty of abode is violated may partition for a writ of habeas corpus (see Sec.15.)
against another holding him in detention.
SEC.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 s may be provided by law.
Right to information on matters of public concern.
(1) Access to official records for exercise right.-The right of access in the above provision implements the
right to information. They are cognate rights,resting on the premise that informed and critical citizens are in
the best position to promote,protect and defend the values of a democratic society. They go hand-in-hand
with the constitutional policies of full public disclosure by the State of all its transactions involving public
interest.(Art.II, Sec.28.) and honesty and integrity in the public service
(2) Arguments in support of right — The arguments given for the inclusion of
section 6 (now Sec.7) in the 1973 Constitution are:
a) It is consonance with the principle of popular sovereignty.In a democratic
society,the sovereign people have the right of access to the records of their
government;
(b) It will enable the people to participate more effectively in governmental affairs
especially in questioning the acts of the authorities;
(c) It will make denunciation of government more factual,responsible, and
effective;
(d) It will provide a deterrent to the commission of venalities because of the
resulting awareness of officials that their acts will be exposed to the full light
of public scrutiny; and
(e) It will reduce public suspicion of officials and thus foster rapport and harmony
between the government and the people.
Constitutional Convention
-Proponents of Section 7 Article III and Section 28, Article II cited experiences during the MArcos
administration when information of vital public interest was hidden from the people.This “hoarding
of information.” a common practice in government offices at the time, was justified by the policy
of non-disclosure of information which the government thought could put the country in a bad
light.Thus, the lack of accurate statistics on critical areas such as health and nutrition prevented
timely intervention.If the statistics were not shelved, they were “improved in the same manner
that the Metro manila governor at that time tried to hide urban slums from the sight of foreign
visitors.Absolute control by the dictatorship was made possible through a controlled flow of
information and a subservient media.(Florangel Rosario Braid, “Right and access to Information,”
Manila bulletin, Aug.9, 2006. p .10)
-The extent to which the people are able to have access to and utilize information has also a
great bearing in making decisions to improve their economic well-being.
(3) Constitutionality or validity of implementing law.
In view of Section 7, there can be no doubt as to the constitutionality of any law making the
refusal to give such information or denial of access there to a punishable offense.
Scope of the right
(1) The right embraces all public records;
(2) It is limited to citizens only but is without prejudice to the right of aliens to have
access to records of cases where they are litigants; and
(3) Its exercise is subject to such limitations as may be provided by law.

Limitations on the right

(1) Public records excepted. — It is recognized that records involving the security of the
State or which are confidential in character should be excepted. Presently,certain
public records are declared confidential either by law or by administrative
Regulations. Instances of these are income tax returns under the National Internal
revenue Code; the condition or business of banks under the Central Bank; accounts
pertaining to military intelligence funds;certain army records;and disbarment
proceedings. (see Art.VI,Secs.16 [4],20.)
 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.
Meaning of right to form associations, etc.
 The right to form association 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.
 With or without the above provision,it may be assumed that this right exists.It is clear that the right to join
an association includes the right to leave and cancel his membership with said organization or to abstain
from joining one.
-Section 8 grants government employees the right to form labor unions.(see Art.IX-B,SEc.2[5].)
Purpose of the guarantee
(1) Undoubtedly,the purpose of the constitutional guarantee is to encourage the formation of voluntary
associations so that through the cooperative activities of individuals,the welfare of the nation may be
advanced and the government may thereby receive assistance in its ever-increasing public service
activities.
(2) By enabling individuals to unite in the performance of tasks which singy they would be unable to
accomplish such associations relieve the government of a vast burden.The needs of the social body
seek satisfaction in one form or the other,and if they are not secured by voluntary means the
(2) By enabling individuals to unite in the performance of tasks which singy they would be unable to
accomplish such associations relieve the government of a vast burden.The needs of the social body
seek satisfaction in one form or the other,and if they are not secured by voluntary means the
assistance of the government will inevitably be invoked.

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.(infra)This is the meaning of the phrase “for purposes not contrary to law.”
-Even without the qualification,however,it is deemed to exist by virtue of the inherent power of the State to
protect and preserve its existence.But unless an association or society could be shown to create an
imminent danger to public order,public peace,public morals,or public safety there is no justification for
abridging the right to form unions,associations or societies.