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1987 CONSTITUTION 1973 CONSTITUTION DIFFERENCES

Section 2 Section 3

The right of the people to The right of the people to  The phrase “shall
be secure in their persons, be secure in their persons, not be violated”,
houses, papers, and houses, papers, and was changed to
effects against effects against “shall be inviolable.
unreasonable searches unreasonable searches  The phrase “or such
and seizures of whatever and seizures of whatever other responsible
nature and for any nature and for any officer as may be
authorized by law”
purpose shall be purpose shall not be
was omitted.
inviolable, and no search violated, and no search
warrant or warrant of warrant or warrant of
arrest shall issue except arrest shall issue except
upon probable cause to be upon probable cause to be
determined personally by determined by the judge,
the judge after or such other
examination under oath or responsible officer as
affirmation of the may be authorized by law,
complainant and the after examination under
witnesses he may oath or affirmation of the
produce, and particularly complainant and the
describing the place to be witnesses he may
searched and the persons produce, and particularly
or things to be seized. describing the place to be
searched, and the persons
or things to be seized.
Section 3 Section 4

(1) The privacy of (1) The privacy of  The words “as


communication and communication and prescribed by law”
correspondence shall be correspondence shall be were inserted.
inviolable except upon inviolable except upon
lawful order of the court, or lawful order of the court, or
when public safety or when public safety and
order requires otherwise order require otherwise.
as prescribed by law.

(2) Any evidence obtained


(2) Any evidence obtained in violation of this or the
in violation of this or the preceding section shall be
preceding section shall be inadmissible for any
inadmissible for any purpose in any proceeding
purpose in any
proceeding.
Section 6 Section 5

The liberty of abode and The liberty of abode and  The liberty of abode
of changing the same of travel shall not, be and the right to
within the limits prescribed impaired except upon travel were
by law shall not be lawful order of the court, or contained in
impaired except upon when necessary in the different sentences.
lawful order of the court. interest of national  The liberty of
Neither shall the right to security, public safety, or changing one’s
abode was
travel be impaired except public health.
included.
in the interest of national
 The only restriction
security, public safety, or
in in the liberty of
public health, as may be abode and of
provided by law. changing the same
is a lawful order of
the court.
 The phrase “as may
be provided by law”
was included.
Section 7 Section 6

The right of the people to The right of the people to  The phrase “as well
information on matters of information on matters of as to government
public concern shall be public concern shall be research data used
recognized. Access to recognized. Access to as basis for policy
official records, and to official records, and to development” was
documents, and papers documents and papers included.
pertaining to official acts, pertaining to official acts,
transactions, or decisions, transactions, or decisions,
as well as to government shall be afforded the
research data used as citizen subject to such
basis for policy limitations as may be
development, shall be provided by law.
afforded the citizen,
subject to such limitations
as may be provided by
law.

Section 8 Section 7

The right of the people, The right to form  The phrase


including those associations or societies “including those
employed in the public for purposes not contrary employed in the
and private sectors, to to law shall not be public and private
form unions, associations, abridged. sectors” was
or societies for purposes inserted.
not contrary to law shall  The words “to form
unions” were
not be abridged.
included.
Section 4 Section 9

No law shall be passed No law shall be passed  Freedom of


abridging the freedom of abridging the freedom of expression was
speech, of expression, or speech, or of the press, or included.
of the press, or the right of the right of the people
the people peaceably to peaceably to assemble
assemble and petition the and petition the
government for redress of Government for redress of
grievances. grievances.
Section 10  Said provision is
transferred to
No law granting a title of Article VI, Section
royalty or nobility shall be 31
enacted.
Section 18 Section 14

(1) No person shall be No involuntary servitude in  The first paragraph


detained solely by any form shall exist except was added.
reason of his political as a punishment for a
beliefs and aspirations. crime whereof the party
shall have been duty
convicted.
(2) No involuntary
servitude in any form shall
exist except as a
punishment for a crime
whereof the party shall
have been duly convicted.
Section 15 Section 15

The privilege of the writ of The privilege of the writ of  The words
habeas corpus shall not be habeas corpus shall not be “insurrection” and
suspended except in suspended except in imminent danger
cases of invasion or cases of invasion, thereof” were
rebellion when the public insurrection, rebellion, or omitted.
safety requires it. imminent danger thereof,
when the public safety
requires it.
Section 14 Section 17

(1) No person shall be No person shall be held to  Sections 17 and 19


held to answer for a answer for a criminal of the 1973
criminal offense without offense without due Constitution were
due process of law. process of law. embraced in the
same provision
(Section 14) in the
1987 Constitution
(2) In all criminal
prosecutions, the accused
Section 19
shall be presumed
innocent until the contrary In all criminal
is proved, and shall enjoy prosecutions, the accused
the right to be heard by shall be presumed
himself and counsel, to be innocent until the contrary
informed of the nature and is proved, and shall enjoy
cause of the accusation the right to be heard by
against him, to have a himself and counsel, to be
speedy, impartial, and informed of the nature and
public trial, to meet the cause of the accusation
witnesses face to face, against him, to have a
and to have compulsory speedy, impartial, and
process to secure the public trial, to meet the
attendance of witnesses witnesses face to face,
and the production of and to have compulsory
evidence in his behalf. process to secure the
However, after attendance of witnesses
arraignment, trial may and the production of
proceed notwithstanding evidence in his behalf.
the absence of the However, after
accused provided that he arraignment, trial may
has been duly notified and proceed notwithstanding
his failure to appear is the absence of the
unjustifiable. accused provided that he
has been duly notified and
his failure to appear is
unjustified.

Section 13 Section 18

All persons, except those All persons, except those  The words “capital
charged with offenses charged with capital offenses” were
punishable by reclusion offenses when evidence changed to
perpetua when evidence of guilt is strong, shall, “offenses
of guilt is strong, shall, before conviction, be punishable by
before conviction, be bailable by sufficient reclusion perpetua”.
bailable by sufficient sureties. Excessive bail  The phrase” or be
released on
sureties, or be released shall not be required.
recognizance as
on recognizance as may
may be provided by
be provided by law. The law” was inserted.
right to bail shall not be  The sentence that
impaired even when the which provides that
privilege of the writ of “the right to bail
habeas corpus is shall not be
suspended. Excessive impaired even when
bail shall not be required. the privilege of the
writ of habeas
corpus is
suspended” was
included in Section
13, Article III of the
1987 Constitution.
Section 17 Section 20

No person shall be No person shall be  The provision which


compelled to be a witness compelled to be a witness provides that “No
against himself. against himself. Any person shall be
person under investigation compelled to be a
for the commission of an witness against
Section 12 offense shall have the right himself” was
to remain silent and to contained in a
counsel, and to be separate provision.
informed of such right. No  The words “the right
(1) Any person under to be informed of
investigation for the force, violence, threat,
his rights” were
commission of an offense intimidation, or any other included.
shall have the right to be means which vitiates the  The sentence which
informed of his right to free will shall be used states that “if the
remain silent and to have against him. Any person cannot
competent and confession obtained in afford the services
independent counsel violation of this section of counsel, he must
preferably of his own shall be inadmissible in be provided with
choice. If the person evidence. one” was inserted.
cannot afford the  The sentence which
services of counsel, he expresses that
must be provided with “these rights cannot
be waived except in
one. These rights cannot
writing and in the
be waived except in presence of
writing and in the counsel” was
presence of counsel. incorporated.
 The sentence which
provides that
(2) No torture, force, “secret detention
violence, threat, places, solitary,
intimidation, or any other incommunicado, or
means which vitiate the other similar forms
free will shall be used of detention are
against him. Secret prohibited” was
included.
detention places,
 The third paragraph
solitary,
of Section 12,
incommunicado, or
Article III of the
other similar forms of 1987 Constitution
detention are prohibited. includes violation of
Section 17 of Article
III.
(3) Any confession or  The words “against
admission obtained in him” were likewise
violation of this or Section included in the third
17 hereof shall be paragraph.
inadmissible in evidence  The fourth
against him. paragraph of
Section 12 was
incorporated.
(4) The law shall provide
for penal and civil
sanctions for violations
of this section as well as
compensation to and
rehabilitation of victims
of torture or similar
practices, and their
families.
Section 19 Section 21

(1) Excessive fines shall Excessive fines shall not  The word
not be imposed, nor cruel, be imposed, nor cruel or “degrading” was
degrading or inhuman unusual punishment included.
punishment inflicted. inflicted.  The term “unusual”
Neither shall death was changed to
penalty be imposed, “inhuman”.
unless, for compelling  The last two
reasons involving sentences in the
first paragraph of
heinous crimes, the
Section 19, Article
Congress hereafter
III of the 1987
provides for it. Any Constitution were
death penalty already included.
imposed shall be  The second
reduced to reclusion paragraph of
perpetua. Section 19, Article
III of the 1987
Constitution was
(2) The employment of inserted.
physical, psychological,
or degrading
punishment against any
prisoner or detainee or
the use of substandard
or inadequate penal
facilities under
subhuman conditions
shall be dealt with by
law.

Section 11 Section 23

Free access to the courts Free access to the courts  The words “and
and quasi-judicial bodies shall not be denied to any quasi-judicial
and adequate legal person by reason of bodies and
assistance shall not be poverty. adequate legal
denied to any person by assistance” were
reason of poverty. included.