BILL OF RIGHTS

Prepared by Raizza Corpuz

“It is better to free the guilty than
to imprison the innocent one”
 Bill of Rights
Section 1-11: It focuses on the RIGHTS of
the PEOPLE

Section 12-22: Rights of the accused, an

implication of historical array during Martial
Law ( 1987 Constitution)
 Bill of rights:
• designed to preserve the ideals of liberty,
equality and security against the
assaults of opportunism, (PBM Employees
Organization v. Phil. Blooming Mills, 51
SCRA 189 (Nachura, 2009)

Civil Rights- belong to everyone

Political Rights-to participate directly or
indirectly.
 Concept :
• A bill of rights may be defined as a declaration
and enumeration of a person’s rights and
privileges which the Constitution is designed to
protect against violations by the government, or
by an individual or groups of individual
Its basis is the social importance accorded to the
individual in a democratic or republican state,
the belief that every human being has intrinsic
dignity and worth which must be respected and
safeguarded.
 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.
ANALYSIS:
Right to LIFE, LIBERTY and PROPERTY,:
1.“Any deprivation of life, liberty, and property by the State
is with due process if it is done (1) under the authority of
a law that is valid or of Constitutional itself, and (2) after
compliance with fair and reasonable methods of
procedure prescribed by law.”
2.The term “person” in section 1 embraces all persons
within the territorial jurisdiction of the Philippines, without
regard to any difference of race, color, or nationality,
including aliens.
Natural person refers to a real human being

Juridical person A juristic or juridical

person is an artificial entity through
which the law allows a group of natural
persons to act as if it were a single
composite individual for certain purposes,
or in some jurisdictions, for a single
person to have a separate legal
personality other than their own.
This legal fiction does not mean these
entities are human beings, but rather
means that the law recognizes them and
allows them to act as natural persons for
some purposes—most commonly lawsuits,
property ownership, and contracts.
The concept goes by many names, including
corporate personhood. A juristic person
is sometimes called a legal person,
artificial person, or legal entity (although
the last term is sometimes understood to
include natural persons as well).
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
Liberty, as protected by due process of law, denotes not
merely freedom from physical restraint. It also
embraces the right of man to use his faculties with
which he has been endowed by his Creator subject
only to the limitations that he does not violate the law
or rights of others.

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.
• 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.”
 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.
• The purpose of Section-II is to protect the
privacy and the sanctity of the person and
of his house and other possessions
(papers, documents, effects, etc.) found
therein against arbitrary intrusions by
agents of the state.
The written order to take a person in
custody in order that he may be bound to
answer for the commission of an offense,
is called a warrant of arrest.
Search Warrant – is an order in writing,
issued in the name of the people of the
Republic of the Philippines, signed by a
judge and directed to a peace officer,
commanding him to search for a certain
personal property and bring it before the
court.
 A Valid Search Warrant and warrant of
Arrest must have Probable Cause.

Probable Cause – means there are facts

and circumstances attending the issuance
of warrant sufficient to induce a prudent
and cautious judge to rely on them.

 The Probable Cause must be determined personally by the judge.

 The Warrant must particularly describe the place to be searched, or

the person or things to be seized.
Who issue and serve Warrant ?

• The JUDGE issue a warrant of

arrest or the search warrant
• The POLICE OFFICER serve
a warrant arrest or the search
warrant.
 Search and Seizures can be made without
Warrant in the following instances:
a. When there is consent or waiver – that is if a Peace
Officer has been granted consent to enter the
premise of another for the purpose of search and
seizure;
b. Where search is an incident to a lawful arrest – say,
a pickpocket caught in flagrante delicto, can be
searched for his loot;
c. When an officer making the search has reasonable
cause to conduct it in a vehicle believed to be
containing contraband or forfeited goods – because
the vehicle can get away before a warrant is
secured.
d. When the possession of articles prohibited by law is
disclosed to plain view (plain view rule)
– A private individual can arrest a criminal
even without a warrant, this is called
“CITIZEN ARREST”.
• Warrantless Arrest
Warrantless Arrest is allowed under the
following circumstances:
1.Flagrante Delicto (Caught in the Act);--
2.Hot Pursuit Operation;
3.Arrest of Fugitive.
1. Flagrante Delicto (Caught in the Act);--
-----Person to be arrested has committed, is
actually committing, is attempting to commit an
offense
2. Hot Pursuit Operation;
----- Arrest takes effect when a crime has just in fact been committed
and the arresting officer or private individual has probable cause to
believe based on personal facts or circumstances that the person
to be arrested has committed it.
3. Arrest of Fugitive
----- When a person to be arrested is a prisoner who 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.
 Section 3
• 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.”
Explanation:
 Every person has the right to keep his communication or
correspondence a secret. His communication with others
by phone or by letter is a personal or private matter that
nobody should intrude upon.
 But this right can be lawfully suspended upon order of
the court if the safety and security of the people is at
stake.
EXEMPLIFIED ILLUSTRATION
• A telephone conversation between two (2)
drug pushers secretly recorded by police
officers by tapping its wire without court
order is not acceptable. As evidence in
court due to the privacy of communication
enshrined in the Philippine Constitution.
However, recording of conversation
through telephone extension is not a
violation of the Anti-Wire Tapping Law.
 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.”
Filipino Translation:
– Hindi dapat magpatibay ng batas na nagbabawas sa
kalayaan sa pananalita, pagpapahayag, o ng
pamamahayag, o sa karapatan ng mga taong-bayan na
mapayapang makapag-tipon at magpetisyon sa
pamahalaan upang ilahad ang kanilang mga karaingan.”
 Four (4) Important Rights
Embodied in Article III, Section 4:
Freedom of Speech;
Right to a Free Press;
Freedom of Assembly;
The Right of Petition.
 Freedom of Speech is not absolute, neither
is a Free Press.
Limitations to Freedom of Speech
i. Severe calumny;
ii. Anything lewd or obscene;
iii. Anything that provokes violence or disorder;
iv. Seditious messages;
v. “Clear and present danger”.
 Forms of Calumny
1. Libel - untruthful information/character
assassination in written, and using print or
broadcast media.
2. Slander - spoken untruthful information /
character assassination .
• Clear and Present Danger – if the uttered threat
seems serious (i.e. the intent appears to be
serious), immediate, grave and realistic.
i. Severe calumny - untruthful information /
character assassination .
Libel –written
Slander - verbal
 Section 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 tests shall be allowed for
the exercise of civil or political rights..”
Filipino Translation:
• “Hindi dapat bawalan ang kalayaan sa paninirahan at
ang pagbabago ng tirahan sa saklaw ng mga
katakdaang itinatadhana ng batas maliban sa legal na
utos ng hukuman. Ni hindi dapat bawalan ang
karapatan sa paglalakbay maliban kun para sa
kapakanan ng kapanatagan ng bansa, kaligtasang
pambayan, o kalusugang pambayan ayon sa maaaring
itadhana ng batas.”
 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. The
right to travel shall not impaired
except in the interest of national
security, public safety, or public
health, as may be provided by law ”
 Section 6
• Hindi dapat bawalan ang kalayaan sa
paninirahan at ang pagbabago ng tirahan
sa saklaw ng mga katakdaang
itinatadhana ng batas maliban sa legal na
utos ng hukuman. Ni hindi dapat bawalan
ang karapatan sa paglalakbay maliban
kun para sa kapakanan ng kapanatagan
ng bansa, kaligtasang pambayan, o
kalusugang pambayan ayon sa maaaring
itadhana ng batas.”
 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 to the citizens, subject to such
limitations as may be provided by law.”
Filipino Translation:
• Dapat kilalanin ang karapatan ng taong-bayan na mapagbatiran
hinggil sa mga bagay-bagay na may kinalaman sa tanan. Ang
kaalaman sa mga opisyal na rekord, at sa mga dokumento at
papeles tungkol sa mga opisyal na gawain, transaksyon, o pasya,
gayon din sa mga datos sa pananaliksik ng pamahalaan na
pinagbabatayan ng patakaran sa pagpapaunlad ay dapat ibigay sa
mamamayan sa ilalim ng mga katakdaang maaaring itadhana ng
batas”.
• Freedom of the Press and freedom of access to
information bearing on governmental decision are
fundamental elements of Popular Sovereignty”.

People have access to public records such as records of a

case in court subject to reasonable rules and
regulations, except when it is very clear that the purpose
of examination of public record is unlawful, sheer or idle
curiosity. It is not the duty of the custodians of the
records to concern themselves with the motives,
reasons, and objects of the person seeking access to
such documents or information.
 Section 8 ( The Right to Form
Union
• 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.”
Filipino Translation:
“Hindi dapat hadlangan ang karapatan ng mga
taong-bayan kabilang ang mga naglilingkod sa
publiko at pribadong sektor na magtatag ng mga
asosasyon, mga unyon, o mga kapisanan sa
mga layuning hindi lalabag sa batas.”
• Unionism is a necessity to place employees or labor
sectors to the bargaining levels same as that of their
employers in relation to negotiations of terms and
conditions of employment. However, while employees in
the public sector may form a union, they are not entitled
to stage strike to press their demands to improve the
terms and conditions of their employment.”
Reason:
•
• Under the constitution, no money from the National
Treasury shall be spent except in accordance with
appropriation by law. Improving the economic conditions
of employees in the public sector requires spending of
public money. Change in the terms of government
employees can only be realized through law.”
Question:: If a public and private company has required
every employee to sign an agreement as part of his
employment contract – that he will not join any labor
unions, societies or associations, does this constitutes
violation of Art. III, Sec. 8 of the Philippine Constitution?
Answer:

Yes. It is a form of unfair labor practice.

Commentary:

If public employees are prohibited to go on strike, the

essence of forming unions in government entities show
lack of logic. It is also a clear suppression to their right
for redress of grievances. Thus, it contradicts to Art. III,
Section 4 of the 1987 Philippine Constitution.
 Section 9 ( Right to Just
Compensation)
• “Private property shall not be taken for
public use without just compensation.”

Filipino Translation:

Ang mga pribadong ariarian ay hindi dapat

kunin ukol sa gamit pambayan nang
walang wastong kabayaran.”
• This is in connection with the inherent
rights of the state, specifically, the Right of
Eminent Domain.
• Just compensation - the amount to be paid
for the expropriated property shall be
determined by the proper court, based on
the fair market-value at the time of the
taking.
 Section-10
(Non-Impairment Clause)
• “No law impairing the obligation of contracts shall be
passed.”
• Filipino Translation:
• “Hindi dapat magpatibay ng batas na sisira sa
pananagutan ng mga kontrata.”

 Discusses the “sanctity” of contracts and obligations;

 Laws affecting contracts cannot be applied retroactively;

 all contracts illegal in nature are non-binding.

• Note:

• A contract is a meeting of minds between

parties with respect to rendition of service
or performance of obligation to give
something, Government is prohibited from
interfering with agreement of parties since
it is considered as a law between the
contracting parties.
 Article-III, Section-11
(Free Access to Court)
“Free access to courts and quasi-judicial
bodies and adequate legal assistance shall not
be denied to any person by reason of poverty.”
 Filipino Translation:
“Hindi dapat ipagkait sa sinumang tao ang
malayang pagdulog sa mga hukuman at sa
mga kalupunang mala-panghukuman at sa
sapat na tulong pambatas nang dahil sa
karalitaan.”
 Article-III, Section-11
(Free Access to Court)
Note:

If the accused cannot afford to hire a

lawyer to defend his case, the
government shall provide one for him. He
shall be assisted and represented by a
public prosecutor and a counsel from the
Public Attorney’s Office, respectively.
 Article-III, Section-11
(Free Access to Court)
 The Integrated Bar of the Philippines
(IBP) is giving free legal assistance to
underprivileged litigants.

 A person who, due to poverty, cannot

pay docket fee in civil case may apply in
court to file his case as a pauper litigant.
 Article-III, Section-12
(Right of Person under Custodial Investigation)
(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.”
 Article-III, Section-12
(Right of Person under Custodial Investigation)
(1) “Ang sinumang tao na na ini-imbistigahan
dahil sa paglabag ay dapat magkaroon ng
karapatang mapaliwanagan ng kanyang
karapatang magsawalang-kibo at magkaroon
ng abogadong may sapat na kakayahan at
kanyang personal na pinili. Kung hindi niya
makakayanan ang paglilingkod ng abogado,
kinakailangang pagkalooban siya ng isa. Hindi
maiuurong ang mga karapatang ito maliban
kung nakasulat at sa harap ng abogado.”
 Article-III, Section-12
(Right of Person under Custodial Investigation)
(2) “No torture, force, violence, threat,
intimidation, or any other means which vitiate
the free shall be used against him. Secret
detention places, solitary, incommunicado or
other similar forms of detention are prohibited.”
 Article-III, Section-12
(Right of Person under Custodial Investigation)
(2) “Hindi siya dapat gamitan ng labis na
pagpapahirap, pwersa, dahas, pananakot,
pagbabanta, o anumang paraaan na lalabag sa
kanyang malayang pagpapasya. Ipinagbabawal
ang mga lihim na kulungan, solitaryo,
ingkomunikado, o iba pang katulad ng anyo ng
detensyon.”
 Article-III, Section-12
(Right of Person under Custodial Investigation)
(3) “Any confession or admission obtained in
violation of this or Section 17 hereof shall be
inadmissible in evidence against him.”

(3) “Hindi dapat tanggaping ebidensya laban sa

kanya ang anumang pagtatapat o pag-amin na
nakuha nang labag sa seksyong ito o sa
seksyong labing-pito.”
 Article-III, Section-12
(Right of Person under Custodial Investigation)

(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.”
 Article-III, Section-12
(Right of Person under Custodial Investigation)

(4) “Dapat magtadhana ang batas ng mga

kaparusahang penal at sibil sa mga paglabag
sa seksyong ito at gayundin ng bayad-pinsala
at rehabilitasyon sa mga biktima ng labis na
mga paghihirap o katulad ng mga nakagawian,
at sa kanilang mga pamilya.”
 Article-III, Section-12
(Right of Person under Custodial Investigation)

This section stresses the following:

1. Miranda Rights/Rules;
2. Permissible use of Police Power;
3. Admissible confessions; and
4. The right to redress in the event of a
violation of these rights.
 Article-III, Section-12
(Right of Person under Custodial Investigation)

Miranda Rights/Rules - provides that before a

person under a custodial investigation is
questioned, he must be informed of the
following:
1. The right to remain silent;
2. Anything he says can and will be used
against him in the court; and
3. The right of a counsel and that if he
cannot afford one, the government will
provide for him.
 Article-III, Section-13
(The Right to Bail & Against Excessive Bail)
“All persons, except those charged with
offenses punishable by reclusion perpetua
when evidence of guilt is strong, shall, before
conviction, be bailable by sufficient securities,
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.”
 Article-III, Section-13
(The Right to Bail & Against Excessive Bail)
 Filipino Translation:
“Ang lahat ng mga tao, maliban sa mga nahahabla sa
mga paglabag na pinarurusahan ng reclusion
perpetua kapag matibay ang ebidensya ng
pagkakasala, bago mahatulan, ay dapat mapiyansahan
ng sapat ng pyador, o maaaring palayain sa bisa ng
panagot ayon sa maaaring itadhana ng batas. Hindi
dapat bawalan ang karapatan sa piyansa kahit na
suspendido ang pribilehiyo ng writ of habeas
corpus. Hindi dapat kailanganin ang malabis na
piyansa.”
 Article-III, Section-13
(The Right to Bail & Against Excessive Bail)
Bail – is the security (usually a deposit of
money) required by a court for the temporary
release of a person who is in the custody of the
law provided that his appearance in trials may
be ensured.
Excessive Bail – is prohibited because that is
the same as denying the right to post bail.
 Article-III, Section-13
(The Right to Bail & Against Excessive Bail)
Writ of Habeas Corpus

1. 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.

2. an action that protects an individual from unlawful detention.

3. It prevents an agency from holding an individual without reason
4. A literal translation of habeas corpus found in many legal
textbooks is “you (shall) have the body.”
• A literal translation of “habeas” could be
“may you have” or possibly “let you have.”
The “shall” in quotes is used to indicate a
theoretical or ideal state for which the
subjunctive is used in both Latin and
English.
“Corpus” is accusative here because it is
the direct object of the verb “habeas;” it
indicates what should or may be “had.” So,
a translation of “habeas corpus” that
follows more closely the rules of Classical
Latin can be “may you have the body” or
 Article-III, Section-13
(The Right to Bail & Against Excessive Bail)
Non-Bailable Crimes
1. Kidnapping;
2. Murder;
3. Rape;
4. Drug-Pushing;
5. Carnapping;
6. Or Crimes Under the Heinous Crime Law,
Plunder Law and Dangerous Drugs Law.
 Article-III, Section-14
(Rights of the Accused)
(1) “No person shall be held to answer for a
criminal offense without due process of law. In
all criminal prosecutions, the accused shall be
presumed innocent until the contrary is
proved.”
(1) “Hindi dapat papanagutin sa pagkakasalang
kriminal ang sinumang tao nang hindi
kaparaanan ng batas. Ang mga akusado ay
itinuturing na inosente hangga’t hindi
napapatunayan.”
 Article-III, Section-14
(Rights of the Accused)

(2) “In all criminal prosecutions, 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 justifiable.”
 Article-III, Section-14
(Right of the Accused)
 Filipino Translation:
(2) “Ang nasasakdal ay dapat magtamasa ng
karapatang magmatwid sa pamamagitan ng sarili at ng
abogado, mapaliwanagan ng uri at dahilan ng sakdal
laban sa kanya, magkaroon ng mabilis, walang
kinikilingan, at hayagan paglitis, makaharap ang mga
testigo, magkaroon ng sapilitang kaparaanan upang
matiyak ang pagharap ng mga testigo sa paglilitaw ng
ebidensyang para sa kanyang kapakanan. Gayunman,
matapos mabasa ang sakdal, maaring ituloy ang
paglilitis kahit wala ang nasasakdal sa pasubaling
marapat na naipaalam sa kanya ang paglilitis sat di-
makatwiran ang kanyang kabiguang humarap.”
 Article-III, Section-14
(Right of the Accused)
 This Section Observes the Following:
1. Right to Due Process of Law in Criminal Cases;
2. Innocent Until Proven Guilty;
3. The Right to Confront One’s Accuser; and
4. Basis for Trials in Absentia.
 References:
Political Law. 2009, Nachura, VJ Graphic Arts Inc. Quezon
City Metro Manila
Excerpt: Lecture of Mr. John Torres – Philippine
Government and Constitution Social Science-I
Discourses on the 1987 Philippine Constitution by
Reynaldo S. Naguit;
Politics, Governance and Government with Philippine
Constitution, Second Edition by Roman R. Dannug and
Marlo B. Campanilla;
Revised Penal Code of the Philippines;
Supreme Court Decided Cases;
Philippine Criminal Law Reviewer;
Civil Code of the Philippines