Article III

BILL OF
RIGHTS

ART. III BILL OF RIGHTS

may

be defined as a declaration and

enumeration of a persons 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.
.

Inherent powers of the State

1. Police Power- It is the inherent power of the state to
restrain and regulate the use of liberty and property for
the comfort, safety and welfare of society. Police power
covers laws on:
a.

Public Health-e.g. laws restricting importation of harmful drugs, maternity

leave, restraining mobility of those infected with AIDS, etc.

b.

Public Safety-e.g. laws on driving without license, carrying of deadly

weapons, etc.

c.

Public Welfare-e.g. laws on regulating rent of apartments/houses, price

control, etc.

d.

Public Morals-e.g. Laws prohibiting gambling, closing movie houses,

exhibition of lewd, etc.

2. Power of Eminent Domain- It is the inherent right of

the state to expropriate private property for public
purpose upon payment of just compensation.

3. Power of Taxation-It refers to the power of the state to

impose burdens on persons, properties, services and
compensation.

Classes of Rights of Citizens

A.

B.
C.

Natural Rights-these are inherent to a person as creation

of God. e.g. Natural Right under Constitution (Life,
Liberty, Property) and right to love.
Constitutional-these are rights which are granted and
protected by the constitution.
Statutory Rights-these refers to rights provided by laws
which are granted by the legislature and may be abolished
by the same, e.g. Right to maternity leave for employed
women, etc.

*The law-making body refers to the LEGISATIVE department or known as

the HOUSE OF CONGRESS.

Classification of Constitutional Rights:

1.

2.

3.
4.

Political Rights-those right a citizen exercises to

participate in the affairs of the government.
e.g. Right to suffrage , right of citizenship, etc.
Civil Rights- Those right that a citizen enjoys in
pursuance of individual happiness and development.
E.g. Right to property, right to abode and travel etc.
Social and economic rights- rights intended to ensure
the well-being and economic security of the individual.
Rights of the accused- intended to protect persons
accused of any crime.

*Freedom of speech, of expression or of the press, the right of assembly

and petition, and the right to form associations 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
*Political and civil rights can have meaning only if concrete measures
are taken to breathe of life and substance to social and economic

Article III

BILL OF
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.

Life

is not limited to the literal

meaning of life. It includes the
right of individual to its body in
its completeness, free from
dismemberment, and extends to
God-given faculties which makes
life enjoyable.
-means not only the right to be alive but
also the right to be secure of ones limb or
any part of the body from the physical
harm.

Liberty

- the right to exist and

right to be free from personal
restraint or servitude, the
right to contract, the right to
choose ones employment,
the right to labor etc.
- it is the right to act freely and in
manner one chooses

Property

- refers to anything
that can come under the right
of ownership and be subject
of contract.
- the right that is protected refers not
only to the possession or the thing
itself, but also the right over the thing.

LIMITATION of NATURAL RIGHTS:

Due Process of Law

It is a legal maxims which

hears before it condemns
and renders judgment only
after trial.
RIGHT OF NOTICE AND
HEARING

Two (2) Aspects of Due

Proces

1.Procedural Due Process

The manner or procedure
which must be followed in
the
enforcement
or
application of law.
2.Substantive Due Process
This means that the law to
be applied is valid, just and
not arbitrary.

Right to EQUAL PROTECTION OF

THE LAWS
all

persons
regardless
of
their
circumstances in life, , that is, whether
they are rich or poor, educated or
illiterate, shall be treated before the law.
EQUAL PROTECTION OF THE LAW
It means that all persons or
things similarly situated should
be treated alike both as to rights
conferred and responsibilities
imposed.

SECTION 2
Rights

against unreasonable searches

and seizures- this is based on the
constitutional guarantee of the duty of the
state to provide security to the persons,
houses, papers, and effects of its people.
An unreasonable search and seizure is one
that is conducted illegally or without
warrant.
Rights against unreasonable arrest

Search

Warrant is an order in

writing, issued in the name of the

People of the Philippines, signed by a
judge and directed to a peace officer,
commanding him to search for
certain personal property and bring it
before the court.
Warrant of Arrest is an order in
writing, issued in the name of the
People of the Philippines, signed by a
judge and directed to a peace officer,
commanding him to arrest a person
designated,i.e., to take him into
custody in order that he may be

Essential Requisites of a Valid

Search Warrant or Warrant of Arrest:
(1) It must be issued upon probable cause. (Probable
cause- there are facts and circumstances attending the
issuance of warrant sufficient to induce a prudent and
cautious judge to relay on them);
(2) The probable cause must be determined personally by
a judge;
(3) Such judge must examine, under oath or affirmation,
the complainant and the witness he may produce to
determine the existence of probable cause;
(3) The warrant must particularly(specific) describe the
place to be searched, and the person or things to be
seized.

GENERAL
WARRANT-a
warrant that does not
specify the thing to be
searched of the person
sought to be arrested.
-it is a prohibited warrant
JOHN/JANE DOE WARRANT
-not a general warrant
because it has descriptio

When search and seizure may be made

without warrant:
1. Warrantless search incidental to a lawful
arrest
2. Seizure of evidence in plain view.
3. Search of a moving vehicle.
4. Consented warrantless search.
5. Customs search or seizure.
6. Stop and frisk
7. Exigent and emergency circumstances.

When arrest may be made without

warrant:
1. Flagrante Delicto (Caught in the
Act);
2. Hot Pursuit Operation;
3. Arrest of Fugitive.

SECTION 3
Right
to
privacy
of
communication
and
correspondence- The provision covers the guarantee
from unnecessary interference on the right of the people
to respond and communicate with one another. The
constitution provides two instances by which the state
may lawfully interfere with this freedom:
a) upon lawful order of the court, and
b) when public safety or order requires it as provided or
defined by law
(2)

Any evidence obtained in violation of

this or the preceding section shall be
inadmissible for any purpose in any
proceeding.

Laws protecting PRIVACY

Republic

Act 4200
-ANTI-WIRETAPPING
ACT
Republic Act 9995
-ANTI-PHOTO AND
VIDEO VOYEURISM ACT

SECTION 4

Freedom

of expression- it is the act or process

of conveying in words (speech) and other
medium what one wishes, without prior
restraint or censorship by the government.

Rights:
a. FREEDOM OF EXPRESSION
1. Speech
2. Expression
3. Free Press/Press
b. Right of Petition-for redress of grievances
c. Right of Assembly-must be peaceful

Limitations to Freedom of
Expression
i.
ii.
iii.

Libel/Slander/or Severe calumny

Anything lewd or obscene
Seditious messages-anything that provokes

iv.
v.

Balancing Interest Rule

Clear and Present Danger Rule

violence or disorder;

Libel - untruthful information/character assassination in written,

and using print or broadcast media.
Slander - spoken untruthful information/ character assassination
Balancing Interest Rule-weighing of rights, one that has greater
importance to public interest must prevail
Clear and Present Danger if the uttered threat seems serious
(i.e. the intent appears to be serious), immediate, grave and
realistic.

SECTION 5
Freedom

of religion-the right of religious worship means that

every person is free to choose the kind of relationship he wants with
god and to worship him in a manner he likes and according to his
conscience. The freedom prohibits its regulation by the State
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.

RIGHTS:
1. NON-ESTABLISHMENT OF RELIGION
-non advancement of a religion, non
favoring of religion against other religions
2. FREE-EXERCISE of RELIGION
A. Freedom of conscience and freedom to
adhere to such religious organization or
form of worship as the individual may
choose cannot be restricted by law.
(FREEDOM TO BELIEVE)
B. It safeguards the free exercise of the
chosen form of religion. (FREEDOM TO
ACT)

Prohibition of
Religious Test
-No religious test shall be
required for the exercise of
civil or political rights.
e.g Religion is not a requirement to
be employed in the government

SECTION 6
Liberty of abode and travel - This means that
every person has a right to established his home
in any place. He is also free to change his abode
or transfer it from one place to another. It
includes the right to travel freely in the
Philippines and outside therefore to any foreign
country, subject to the following conditions:
(a) upon lawful order of the court; and
(b) in the interest of national security, public
safety, or public health as provided by law.

SECTION 7
9.

Right to information - every Filipino has

the right to gather or obtain information
from official records, documents, and papers
relating to official acts, transactions, or
decisions of the government. Records
concerning and affecting the security of the
State and other documents which by their
nature are confidential may not be disclosed
to the public

Limitations on the
right

1. National security matters.

2. Trade secrets and banking
transactions.
3. Criminal matters.
4. Other confidential matters.

SECTION 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
Rightshall
to form
associations
is the freedom to
not
be
abridged.
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.

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. This is
the meaning of the phrase for
purpose not contrary to law.

SECTION 9
Private

property shall not be

taken for public use without just
compensation.
LIMITATIONS:
-when the elements of eminent
domain are not complied with
AND when there in NO DUE
PROCESS OF LAW

SECTION 10
Right against nonimpairment of obligations of
contracts
-a contract obliges both parties to
perform their agreement according to its
terms and conditions. The constitution
prohibits the enactment or passage of a
law that alters or changes the conditions
of contracts without the consent of the
parties thereto

LIMITATION:

The freedom of contract is

necessarily
limited
by
the
exercise of the police power of
the State in the interest of
general welfare and especially in
view of the explicit provisions in
the Constitution with reference to
the
promotion
of
social
justice(e.g. VOID CONTRACT)

SECTION 11
Free

access to the courts and quasijudicial bodies and adequate legal

assistance shall not be denied to any
person by reason of poverty.
(a) Right of free access to courts all citizens, rich
or poor, are guaranteed for the enforcement of
their rights and the protection of their properties
from unlawful encroachments by the State and
other persons;
(b)Rights to adequate legal assistance the State
provides free legal assistance to citizens who are
unable to hire a lawyer by reason of their being
poor;

SECTION 12
RIGHTS OF A PERSON UNDER
CUSTODIAL INVESTIGATION
Miranda Rights - provides that before a person
under a custodial investigation is questioned,
he must be informed of the following:
a) Right to be informed of his right to remain silent;
b) Right to have independent and competent counsel;
c) Right against torture, force, violence, threat, intimidation,
or any other means which vitiate the free will;
d) Right against being held in secret, incommunicado, or
solitary forms of solitary confinement; and
e) The right to be informed of these rights.

Waiver of rights to remain silence

and counsel
1. In writing; and
2. In the presence of counsel.

SECTION 13-RIGHT TO BAIL

Bail - is the security required by a court
and given for the provisional or
temporary release of a person who is in
the custody of the law conditioned upon
his appearance before any court as
required under the conditions specified.
The purpose of requiring bail is to
relieve an accused from imprisonment
until his conviction and yet secure his
appearance at the trial. The right to bail
is granted because
in all criminal
prosecutions, the accused is presumed
innocent.

Forms

of Bail:

Cash Bond-Cash deposit

Property Bond
Surety Bond
*ON RECOGNIZANCE-custody of a prominent
person

Who may not invoke the right to

bail(LIMITATION)
1.
2.
3.

One who is not yet in the custody of the law

One charge with capital offense or an offense
punishable by reclusion perpetua
Under the Rules of Court, no bail shall be
allowed after the judgment has become final,
or after the accused has commenced to
serve sentence.

1.
2.
3.
4.
5.
6.

Non-Bailable Crimes
Kidnapping;
Murder;
Rape;
Drug-Pushing;
Carnapping;
Or Crimes Under the Heinous
Crime Law, Plunder Law and
Dangerous Drugs Law.

Writ

of Habeas Corpus is an
order issued by a court of
competent jurisdiction, directed to
the person detaining another,
commanding him to produce the
body of the prisoner at a
designated time and place and to
show sufficient cause for holding in
custody the individual so detained.

SECTION 14
RIGHTS OF ACCUSED DURING
TRIAL
a. Right to due process of law - simply stated, due
process of law means fair trial, that is, a person court
changed with a criminal offense before a court is
given the opportunity to defend himself in court and
that before a judgment is issued or rendered, there is
trial;
b. Right to presumption of innocence in all
criminal
prosecutions, the accused is always
presumed innocent;

c. Right to be informed of the nature cause of

accusation against him every person accused of an
offense has the right to know the nature and the cause
accusation against him and why the crime is imputed
to him;
d. Right to have a:
Speedy trialmeans one could be done immediately
without capricious delays and according to established
rules and procedures;
Impartial trial-it is conducted by the court without bias
for or against the litigants and that the case is decided
solely on its merits; and
Public trial-meaning, it is open to the public;
EXCEPT: cases offensive to public morals or decency

e. Right to meet the witnesses face-to-face the accused has

the right to confront or meet the witnesses face to face to
(1) allow the accused to cross-examine, through his
counsel, the witnesses against him or in order to test and
probe into the veracity or truth of their testimonies,
affidavits and evidence; and (2) to afford the judge the
opportunity to see for himself how the witnesses behave
while testifying and being cross-examined;
f. Right to compulsory process every person with a crime
has a right to have compulsory process to secure the
appearance or attendance of witnesses and the production
of his evidence;

GENERAL RULE: Accused has the

right to be present always during
trial
EXCEPT: Trial in absence of the
accused- TRIAL IN ABSENTIA
Conditions
a) He has been arraigned;
b) He has been duly notified of the trial
c) His failure to appear is unjustifiable

SECTION 15
The

privilege of the writ of habeas

corpus shall not be suspended
except in cases of invasion or
rebellion, when the public safety
requires it.

Writ

of Habeas Corpus is an order

issued by a court of competent
jurisdiction, directed to the person
detaining another, commanding him to
produce the body of the prisoner at a
designated time and place and to show
sufficient cause for holding in custody

SECTION 16
All

persons shall have the

right to a speedy disposition
of their cases before all
judicial, quasi-judicial, or
administrative bodies.
-This
speaks
of
SPEEDY
DISPOSITION (right to have
ones case be resolved as fast
as possible)

SECTION 17
No

person shall be compelled

to be a witness against himself.
Right against self-incrimination
the accused cannot be
compelled to testify against
himself;

SECTION 18
a. Right against detention for political
beliefs the constitution abhors the
detention of any person by reason of his
political beliefs or aspirations;
b. Right against involuntary servitude
in person can be forced to render
compulsory service to another;
(e.g prohibition on slavery)

SECTION 19
a. Right to excessive fines the constitutional
guarantee against excessive fines ordains that the
fine imposed on convict must be the one provided
in the law;
b. Right against cruel, degrading/inhuman
punishment
cruel punishment-this means that torture, mutilation
or severance or cutting off of body parts, etc. or
severe pain punishment
degrading punishment-it demeans the person of the
convict/ putting one to public humiliation;

SECTION 20
No

person shall be imprisoned for

debt or non-payment of a poll tax.
RIGHT AGAINST IMPRISONMENT
FOR NON-PAYMENT OF POLL TAX
and DEBT
a. POLL TAX-cedula/community tax
certificate-for residence tax
b. DEBT:
-simple
-fraudulent(punishable)-limitation to
the right

SECTION 21
Right against double jeopardy
putting a person twice in jeopardy of
punishment for the same offense
constitutes double jeopardy. The
guarantee provides protection to a
person against the chance of being
punished or tried twice for one and
the same offense.

SECTION 22
No

ex post facto law or bill of

attainder shall be enacted.
a. EX-POST FACTO LAW
-law that punishes an act during the
time of which it was committed was
not yet a crime;it is prohibited
EXCEPT: if favorable to the accused
b. BILL OF ATTAINDER
-convicting an accused without the
benefit of trial