MALOLOS CONVENTION
TITLE IV
THE FILIPINOS AND THEIR NATIONAL
AND INDIVIDUAL RIGHTS
Article 6. The following are Filipinos:
1. All persons born in the
Philippine territory. A vessel of
Philippine registry is considered,
for this purpose, as part of
Philippine territory.
2. Children of a Filipino father or
mother, although born outside of
the Philippines.
3. Foreigners who have obtained
certification of naturalization.
4. Those who, without such
certificate, have acquired a
domicile in any town within
Philippine territory.
It is understood that domicile is acquired
by uninterrupted residence for two years in
any locality within Philippine territory, with
an open abode and known occupation,
and contributing to all the taxes imposed
by the Nation.
The condition of being a Filipino is lost in
accordance with law.
Article 7. No Filipino or foreigner shall be
detained nor imprisoned except for the
commission of a crime and in accordance
with law.
Article 8. All persons detained shall be
discharged or delivered to the judicial
authority within 24 hours following the act
of detention. All detentions shall be without
legal effect, unless the arrested person is
duly prosecuted within 72 hours after
delivery to a competent court. The
1935 CONSTITUTION
ARTICLE III
BILL OF RIGHTS
SECTION 1. (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.
(2) Private property shall not be taken for public
use without just compensation.
(3) The right of the people to be secure in their
persons, houses, papers, and effects against
unreasonable searches and seizures shall not
be violated, and no warrants shall issue but
upon probable cause, to be determined by the
judge after examination under oath or
affirmation of the complainant and the
witnesses he may produce, and particularly
describing the place to be searched, and the
persons or things to be seized.
(4) The liberty of abode and of changing the
same within the limits prescribed by law shall
not be impaired.
(5) The privacy of communication and
correspondence shall be inviolable except upon
lawful order of the court or when public safety
and order require otherwise.
(6) The right to form associations or societies
for purposes not contrary to law shall not be
abridged.
(7) No law shall be made respecting an
establishment of religion, or prohibiting the free
exercise thereof, and the free exercise and
enjoyment of religious profession and worship,
without discrimination or preference, shall
forever be allowed. No religious test shall be
1973 CONSTITUTION
ARTICLE IV
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.
SEC. 2. Private property shall not be taken for
public use without just compensation.
SEC. 3. The right of the people to be secure in
their persons, houses, papers, and effects
against unreasonable searches and seizures of
whatever nature and for any purpose shall not
be violated, and no search warrant or warrant
of arrest shall issue except upon probable
cause to be determined by the judge, or such
other responsible officer as may be authorized
by law, after examination under oath or
affirmation of the complainant and the
witnesses he may produce, and particularly
describing the place to be searched, and the
persons or things to be seized.
SEC. 4. (1) The privacy of communication and
correspondence shall be inviolable except upon
lawful order of the court, or when public safety
and order require otherwise.
(2) Any evidence obtained in violation of this or
the preceding section shall be inadmissible for
any purpose in any proceeding.
SEC. 5. The liberty of abode and of travel shall
not, be impaired except upon lawful order of the
court, or when necessary in the interest of
national security, public safety, or public health.
SEC. 6. The right of the people to information
on matters of public concern shall be
recognized. Access to official records, and to
1987 CONSTITUTION
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.
Section 2. The right of the people to be
secure in their persons, houses, papers,
and effects against unreasonable searches
and seizures of whatever nature and for
any purpose shall be inviolable, and no
search warrant or warrant of arrest shall
issue except upon probable cause to be
determined personally by the judge after
examination under oath or affirmation of the
complainant and the witnesses he may
produce, and particularly describing the
place to be searched and the persons or
things to be seized.
Section 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.
Section 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.
Section 5. No law shall be made respecting
an establishment of religion, or prohibiting
the free exercise thereof. The free exercise
accused shall be duly notified of such
proceeding within the same period.
Article 9. No Filipino shall be imprisoned
except by virtue of an order by a
competent court. The order of
imprisonment shall be ratified or confirmed
within 72 hours following the said order,
after the accused has been heard.
Article 10. No one shall enter the dwelling
house of any Filipino or a foreigner
residing in the Philippines without his
consent except in urgent cases of fire,
inundation, earthquake or similar dangers,
or by reason of unlawful aggression from
within, or in order to assist a person
therein who cries for help. Outside of
these cases, the entry into the dwelling
house of any Filipino or foreign resident in
the Philippines or the search of his papers
and effects can only be decreed by a
competent court and executed only in the
daytime. The search of papers and effects
shall be made always in the presence of
the person searched or of a member of his
family and, in their absence, of two
witnesses resident of the same place.
However, when a criminal caught in
fraganti should take refuge in his dwelling
house, the authorities in pursuit may enter
into it, only for the purpose of making an
arrest. If a criminal should take refuge in
the dwelling house of a foreigner, the
consent of a latter must first be obtained.
Article 11. No Filipino shall be compelled
to change his residence or domicile except
by virtue of a final judgment.
Article 12. In no case may
correspondence confided to the post office
be detained or opened by government
authorities, nor any telegraphic or
telephonic message detained. However,
by virtue of a competent court,
required for the exercise of civil or political
rights.
(8) No law shall be passed abridging the
freedom of speech, or of the press, or the right
of the people peaceably to assemble and
petition the Government for redress of
grievances
(9) No law granting a title of nobility shall be
enacted, and no person holding any office of
profit or trust shall, without the consent of the
National Assembly, accept any present,
emolument, office, or title of any kind whatever
from any foreign state.
(10) No law impairing the obligation of contracts
shall be passed.
(11) No ex post facto law or bill of attainder shall
be enacted.
(12) No person shall be imprisoned for debt or
nonpayment of a poll tax.
(13) No involuntary servitude in any form shall
exist except as a punishment for crime whereof
the party shall have been duly convicted.
(14) The privilege of the writ of habeas
corpus shall not be suspended except in cases
of invasion, insurrection, or rebellion, when the
public safety requires it, in any of which events
the same may be suspended wherever during
such period the necessity for such suspension
shall exist.
(15) No person shall be held to answer for a
criminal offense without due process of law.
(16) All persons shall before conviction be
bailable by sufficient sureties, except those
charged with capital offenses when evidence of
documents and papers pertaining to official
acts, transactions, or decisions, shall be
afforded the citizen subject to such limitations
as may be provided by law.
SEC. 7. The right to form associations or
societies for purposes not contrary to law shall
not be abridged.
SEC. 8. 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.
SEC. 9. No law shall be passed abridging the
freedom of speech, or of the press, or the right
of the people peaceably to assemble and
petition the Government for redress of
grievances.
SEC. 10. No law granting a title of royalty or
nobility shall be enacted.
SEC. 11. No law impairing the obligation of
contracts shall be passed.
SEC. 12. No ex post facto law or bill of attainder
shall be enacted.
SEC. 13. No person shall be imprisoned for
debt or non-payment of a poll tax.
SEC. 14. No involuntary servitude in any form
shall exist except as a punishment for a crime
whereof the party shall have been duty
convicted.
SEC. 15. The privilege of the writ of habeas
corpus shall not be suspended except in cases
of invasion, insurrection, rebellion, or imminent
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.
Section 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.
Section 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 as may be
provided by law.
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
shall not be abridged.
Section 9. Private property shall not be
taken for public use without just
compensation.
Section 10. No law impairing the obligation
of contracts shall be passed.
Section 11. Free access to the courts and
quasi-judicial bodies and adequate legal
assistance shall not be denied to any
person by reason of poverty.
correspondence may be detained and
opened in the presence of the sender.
Article 13. All orders of imprisonment, of
search of a dwelling house, or detention of
written correspondence, telegraph or
telephone, must be justified. When an
order lacks this requisite, or when the
grounds on which the act was founded is
proven in court to be unlawful or
manifestly insufficient, the person to be
detained or whose imprisonment has not
been ratified within the period prescribed
in Art. 9, or whose correspondence has
been detained, shall have the right to
recover damages.
Article 14. No Filipino shall be prosecuted
or sentenced, except by a judge or court of
proper jurisdiction and according to the
procedure prescribed by law.
Article 15. Exept in the cases provided by
the Constitution, all persons detained or
imprisoned not in accordance with legal
formalities shall be released upon his own
petition or upon petition of another person.
The law shall determine the manner of
proceeding summarily in this instance, as
well as the personal and pecuniary
penalties which shall be imposed upon the
person who ordered, executed or to be
executed the illegal detention or
imprisonment.
Article 16. No one shall be temporarily or
permanently deprived of rights or dstured
in his enjoyment thereof, except by virtue
of judicial sentence. The officials who,
under any pretext whatsoever, should
violate this provision, shall be personally
liable for the damages caused.
Article 17. No one shall be deprived of his
property by expropriation except on
grounds of public necessity and benefit,
guilt is strong. Excessive bail shall not be
required.
(17) In all criminal prosecutions the accused
shall be presumed to be innocent until the
contrary is proved, and shall enjoy the right to
be heard by himself and counsel, to be informed
of the nature and cause of the accusation
against him, to have a speedy and public trial,
to meet the witnesses face to face and to have
compulsory process to secure the attendance
of witnesses in his behalf.
(18) Bo person shall be compelled to be a
witness against himself.
(19) Excessive fines shall not be imposed, nor
cruel and unusual punishment inflicted.
(20) No person shall be twice put in jeopardy of
punishment for the same offense. If an cat is
punished by a law and an ordinance, conviction
or acquittal under either shall constitute a bar to
another prosecution for the same act.
(21) Free access to the courts shall not be
denied to any person by reason of poverty.
danger thereof, when the public safety requires
it.
SEC. 16. All persons shall have the right to a
speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.
SEC. 17. No person shall be held to answer for
a criminal offense without due process of law.
SEC. 18. All persons, except those charged
with capital offenses when evidence of guilt is
strong, shall, before conviction, be bailable by
sufficient sureties. Excessive bail shall not be
required.
SEC. 19. In all criminal prosecutions, the
accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to
be heard by himself and counsel, to be informed
of the nature and cause of the accusation
against him, to have a speedy, impartial, and
public trial, to meet the witnesses face to face,
and to have compulsory process to secure the
attendance of witnesses and the production of
evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding
the absence of the accused provided that he
has been duly notified and his failure to appear
is unjustified.
SEC. 20. No person shall be compelled to be a
witness against himself. Any person under
investigation for the commission of an offense
shall have the right to remain silent and to
counsel, and to be informed of such right. No
force, violence, threat, intimidation, or any other
means which vitiate the free will shall be used
against him. Any confession obtained in
violation of this section shall be inadmissible in
evidence.
SEC. 21. Excessive fines shall not be imposed,
nor cruel or unusual punishment inflicted.
Section 12. (1) Any person under
investigation for the commission of an
offense shall have the right to be informed
of his right to remain silent and to have
competent and independent counsel
preferably of his own choice. If the person
cannot afford the services of counsel, he
must be provided with one. These rights
cannot be waived except in writing and in
the presence of counsel.
(2) No torture, force, violence, threat,
intimidation, or any other means which
vitiate the free will shall be used against
him. Secret detention places, solitary,
incommunicado, or other similar forms of
detention are prohibited.
(3) Any confession or admission obtained in
violation of this or Section 17 hereof shall
be inadmissible in evidence against him.
(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 13. All persons, except those
charged with offenses punishable by
reclusion perpetua when evidence of guilt
is strong, shall, before conviction, be
bailable by sufficient sureties, or be
released on recognizance as may be
provided by law. The right to bail shall not
be impaired even when the privilege of the
writ of habeas corpus is suspended.
Excessive bail shall not be required.
Section 14. (1) No person shall be held to
answer for a criminal offense without due
process of law.
(2) In all criminal prosecutions, the accused
shall be presumed innocent until the
previously declared and justified by proper
authorities, and indemnifying the owner
thereof prior to expropriation.
Article 18. No one shall be obliged to pay
any public tax which had not been
approved by the National Assembly or by
local popular governments legally so
authorized, and which is not in the manner
prescribed by the law.
Article 19. No Filipino who is in full
enjoyment of his civil or political rights,
shall be impeded in the free exercise of
said rights.
Article 20. Neither shall any Filipino be
deprived:
1. Of the right to freely express his
ideas or opinions, orally or in
writing, through the use of the
press or other similar means.
2. Of the right of association for
purposes of human life and
which are not contrary to public
morals; and lastly
3. Of the right to send petitions to
the authorities, individually or
collectively.
The right of petition shall not be exercised
through any kind of armed force.
Article 21. The exercise of the rights
provided for in the preceding article shall
be subject to general provisions regulating
the same.
Article 22. Crimes committed on the
occasion of the exercise of rights provided
for in this title, shall be punished by the
courts in accordance with the laws.
SEC. 22. No person shall be twice put in
jeopardy of punishment for the same offense. If
an act is punished by a law and an ordinance,
conviction or acquittal under either shall
constitute a bar to another prosecution for the
same act.
SEC. 23. Free access to the courts shall not be
denied to any person by reason of poverty.
contrary is proved, and shall enjoy the right
to be heard by himself and counsel, to be
informed of the nature and cause of the
accusation against him, to have a speedy,
impartial, and public trial, to meet the
witnesses face to face, and to have
compulsory process to secure the
attendance of witnesses and the production
of evidence in his behalf. However, after
arraignment, trial may proceed
notwithstanding the absence of the
accused provided that he has been duly
notified and 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.
Section 16. All persons shall have the right
to a speedy disposition of their cases
before all judicial, quasi-judicial, or
administrative bodies.
Section 17. No person shall be compelled
to be a witness against himself.
Section 18. (1) No person shall be detained
solely by reason of his political beliefs and
aspirations.
(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 19. (1) Excessive fines shall not be
imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the
death penalty be imposed, unless, for
compelling reasons involving heinous
crimes, the Congress hereafter provides for
Article 23. Any Filipino may establish and it. Any death penalty already imposed shall
maintain institutions of learning, in be reduced to reclusion perpetua.
accordance with the laws authorizing
them. Public education shall be free and
(2) The employment of physical,
obligatory in all schools of the nation.
psychological, or degrading punishment
against any prisoner or detainee or the use
Article 24. Foreigners may freely reside in of substandard or inadequate penal
Philippine territory, subject to legal facilities under subhuman conditions shall
dispositions regulating the matter; may be dealt with by law.
engage in any occupation or profession for
the exercise of which no special license is
Section 20. No person shall be imprisoned
required by law to be issued by the
for debt or non-payment of a poll tax.
national authorities.

Section 21. No person shall be twice put in

Article 25. No Filipino who is in full
jeopardy of punishment for the same
enjoyment of his political and civil rights
offense. If an act is punished by a law and
shall be impeded in his right to travel freely
an ordinance, conviction or acquittal under
abroad or in his right to transfer his
either shall constitute a bar to another
residence or possessions to another
prosecution for the same act.
country, except as to his obligations to
contribute to military service or the
maintenance of public taxes. Section 22. No ex post facto law or bill of
attainder shall be enacted.
Article 26. No foreigner who has not been
naturalized may exercise in the Philippines
any office which carries with it any
authority or jurisdictional powers.

Article 27. All Filipinos are obliged to

defend his country with arms when called
upon by law, and to contribute to the
expenses of the State in proportion to his
means.

Article 28. The enumeration of the rights

provided for in this title does not imply the
denial of other rights not mentioned.

Article 29. The prior authorization to

prosecute a public official in the ordinary
courts is not necessary, whatever may be
the crime committed.

A superior order shall not exempt a public

official from liability in the cases which
constitute apparent and clear violations of
constitutional precepts. In others, the
agents of the law shall only be exempted if
they did not exercise the authority.

Article 30. The guarantees provided for in

Articles 7, 8, 9, 10, and 11 and paragraphs
1 and 2 of Article 20 shall not be
suspended, partially or wholly, in any part
of the Republic, except temporarily and by
authority of law, when the security of the
State in extraordinary circumstances so
demands.

When promulgated in any territory where

the suspension applies, there shall be a
special law which shall govern during the
period of the suspension, according to the
circumstances prevailing.

The law of suspension as well as the

special law to govern shall be approved by
the National Assembly, and in case the
latter is in recess, the Government shall
have the power to decree the same jointly
with the Permanent Commission, without
prejudice to convoking the Assembly
without the least delay and report to it
what had been done.

However, any suspension made shall not

affect more rights than those mentioned in
the first paragraph of this Article nor
authorize the Government to banish or
deport from the Philippines any Filipino.

Article 31. In the Republic of the

Philippines, no one shall be judged by a
special law nor by special tribunals. No
person or corporation may enjoy privileges
or emoluments which are not in
compensation for public service rendered
and authorized by law. War and marine
laws shall apply only for crimes and delicts
which have intimate relation to military or
naval discipline.

Article 32. No Filipino shall establish laws

on primogeniture, nor institutions
restrictive of property rights, nor accept
honors, decorations, or honorific titles or
nobility from foreign nations without the
consent of the Government. Neither shall
the Government establish in the Republic
institutions mentioned in the preceding
paragraph, nor confer honors, decorations,
or honorific titles of nobility to any Filipino.

The Nation, however, may reward by

special law approved by the Assembly,
conspicuous services rendered by citizens
of the country.