MALOLOS CONVENTION 1935 CONSTITUTION 1973 CONSTITUTION 1987 CONSTITUTION

TITLE IV ARTICLE III ARTICLE IV ARTICLE III

THE FILIPINOS AND THEIR NATIONAL
AND INDIVIDUAL RIGHTS
BILL OF RIGHTS BILL OF RIGHTS BILL OF RIGHTS

Article 6. The following are Filipinos:

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

1. Of the right to freely express his Section 16. All persons shall have the right
ideas or opinions, orally or in to a speedy disposition of their cases
writing, through the use of the before all judicial, quasi-judicial, or
press or other similar means. administrative bodies.
2. Of the right of association for
purposes of human life and
Section 17. No person shall be compelled
which are not contrary to public
to be a witness against himself.
morals; and lastly
3. Of the right to send petitions to
the authorities, individually or Section 18. (1) No person shall be detained
collectively. solely by reason of his political beliefs and
aspirations.
The right of petition shall not be exercised
through any kind of armed force. (2) No involuntary servitude in any form
shall exist except as a punishment for a
crime whereof the party shall have been
Article 21. The exercise of the rights
duly convicted.
provided for in the preceding article shall
be subject to general provisions regulating
the same. Section 19. (1) Excessive fines shall not be
imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the
Article 22. Crimes committed on the
death penalty be imposed, unless, for
occasion of the exercise of rights provided
compelling reasons involving heinous
for in this title, shall be punished by the
crimes, the Congress hereafter provides for
courts in accordance with the laws.
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.