ARTICLE III: BILL OF RIGHTS

Section 1
o Right to life, Liberty, Property
o Right to due process
Substantial Due Process
Procedural Due Process
o Right to equal protection of the laws
Section 2
o Right against unreasonable searches and seizures
Warrant of Arrest and Search Warrant
Requirements:
o Probable Cause (Evidence)
o Judge
o Witness who has personal knowledge on
the matter
Warrantless Arrest:
Caught in the act
Plainview Doctrine
Checkpoints
Citizens arrest is allowed so as long as the
accused / criminal is caught in the act.
Section 3
o Rights to Privacy of Communications
No rights shall be disallowed so as long as the
rights invoke do not constitute a violation the
National Health, Security and Safety.
Section 4
o Freedom of Expression
Freedom of Speech, Freedom of the press.
Section 5
o Right to Religion
Section 6
o Right to abode and travel
Abode right to choose your own place
Travel Right to go to places you desire.
Section 7
 o Right to information
Section 8
o Right to form unions and associations
Section 9
o No Private Property shall not be taken without just
compensation.
Three Power of the Government:
Taxation
Police Power
Eminent Domain
Section 10
o Non-impairment of contracts
Section 11
o Free access to courts and quasi-judicial bodies
Section 12
o Rights of the Accused (Under custodial investigation)
Right to be informed to remain silent and be
counsel
Right to be reminded to remain silent and that if
he waives his right to remain silent, anything he
say may be used against him in the court
Right to remain silent.
Right to have a competent legal counsel of his own
choice
If he cannot afford the service of a legal counsel,
he must be provided with one
Secret detention is prohibited
No torture, physical pain shall be inflicted
Any evidence released from physical pain shall be
inadmissible as such.
Section 13
o Right to Bail
Coverage of Bail:
Temporary release from custody
In monetary form
Cases of bail:
 In MTC / QTC
o Before or after judgement
In RTC
o Before judgement not punishable by
Reclusion Perpetua (Lifetime
imprisonment)
Discretion of the court
o After judgement on RTC on cases not
punishable by Reclusion Perpetua
No Bail
If the evidence against the accused is strong
Limitations
Depends on the capacity of the accused
Depends on the case
Depends on the age
Depends on the health
Section 14
o Rights of the accused
Criminal Offense
Presumption of innocence
Right to be heard by himself and counsel
Right to be informed of nature and cause of
accusation against him.
Section 15
o Writ of Habeas Corpus
Section 16
o Right to speedy disposition of cases
Section 17
o Right against self-incrimination
Section 18
o Non detention by reason of political beliefs and
aspiration
Section 19
o Prohibited Punishment
Section 20
o Non- imprisonment of debts and poll taxes
 Section 21
o Double Jeopardy
Section 22
o Ex- post facto law and bill of attainder

ARTICLE IV CITIZENSHIP
Citizenship Membership of a person to a democratic state
which gives him full civil rights and political rights.

o 2 Ways of Filipino Citizenship

BY BORN:
JUS SANGUINIS by Blood. This is very much
observed in the Philippines.
JUS SOLIS by Place. The United States
observes this kind of Citizenship.
BY NATURALIZATION:
Voluntarily submitting of Filipino citizenship,
with some requites:
o By Order from the court (A good asset in
the development of the Philippines)
o Judgement of the court
o By derivative Method (Marrying a Filipino
citizen)
o Must meet the following qualifications:
Must be 21 years old and above
Must have reside in the Philippines
for more than 10 years
May be reduced to 5 years if:
o You own a business
establishment
o A government worker
o Born in the Philippines
o Been teaching at the
Philippines
o Must be of good moral
o Must have good job
 o Must know English / Spanish and related
language
o Children should be going to a Philippine
University.
o Why do we need to separate natural born citizens and
Naturalized Citizens?
Some political Positions are only allowed to Natural
born Filipinos
President
Vice President
Members of the Board
Members of the Congress
Monetary Board
Ombudsman
o LOSS AND REPATRIATION OF CITIZENSHIP
By naturalization to another country
Renouncing alliance to another country
Oath of allegiance to another country
Rendering service to non- allies of the Philippines
Cancellation of Naturalization
Proven to be useless during war
o CITIZENSHIP RETENTION AND RE-ACQUISITION ACT OF
2003 (R.A. 9225)
Process of restoring ones citizenship
Oath of Allegiance once taken oath, Citizen
(Natural born) will become a full pledged
Filipino Citizen again.
o CITIZENSHIP RE- ACQUISITION
By Naturalization
Repatriation of deserters
Direct act of Congress
Repatriation of married woman
By the R.A. 9225
o DUAL ALLEGIANCE
Taking an oath of allegiance to the country and to
another country is possible, however this is
 restricted to Government employees, and of the
same political positions.
ARTICLE V SUFFRAGE
Suffrage the right to vote and be voted
o Electorates the term used to the legal citizens who
have the right to vote and be voted.
PURPOSE OF ELECTION
Mechanism for new leadership
Performance review
As renewal of consent
Indices of political currents
As an all access channel
SCOPE OF SUFFRAGE
Election Process of electing new leaders
Plebiscite changing the constitution
Referendum modifying the constitution /
adding a law
Initiative the people are the ones who
decide to change the constitution
Recall the termination of an elected person
ahead of his term / during his term
KINDS OF ELECTION
General Election
o Local election and national election held
in one day
National Election
o Elections available to the position of
President, Vice President and members
of the Congress
Local Election
o Elections available to the position of
Governor Mayor
Special Election
o Elections available to the position of
Kagawad and SK Officials.
 DISQUALIFICATION OF ELECTORATES
Violated a law to the constitution
OVERSEAS ABSENTEE VOTING ACT OF 2003 (R.A.
9189)
Absentee Voting Voting of Filipino citizens
(not in the Philippines for the reason of
schooling, vacation and whatever reason).
Limited to President, Vice President and
Partylist.
Overseas Absentee Voting Act of 2003
o The right of a Filipino citizen not residing
in the Philippines for a valid reason to
vote.
BRANCHES OF THE GOVERNMENT
Legislative enacts the law
o Senators || Members of the Congress
o 25 years old and above || 25 years old
o Resided in the Philippines for 5 years || 5 years
o 4 years || 2 years
o Special Powers:
Assigned on treaties
Facilitate impeachment, removal and expansion
o Immunity:
Arrest (while session is ongoing)
Executive implements the law
o Positions:
President
Vice President
Cabinet Members
o Qualifications:
Age: 40-year-old
Citizenship: Natural born Filipino
Literacy: Knows how to read and write
Residency: 10 years
Term of office:
President / Vice President 6 years
 Cabinet Members 2 terms
Judiciary interprets the law
o No term of office

All Government Departments are assigned on 3

branches of the government.

INDEPENDENT AGENCIES
COA Commission on Audit
o Ensures Transparency
COMELEC Commission on Election
o Ensure Legitimacy
CSC Civil Service Commission
o Ensures integrity